MONTEREY COUNTY BOARD OF
SUPERVISORS AND
THE MONTEREY COUNTY WATER
RESOURCES AGENCY
Tuesday, February 26, 2002 at 9:30 a.m.
Lunch Break from 12:00 Noon to 1:40 p.m.
9:30
a.m.
2050.000 S-1 Resolution No.
02-056: Adopted and presented
Resolution designating February 26 through March 26, 2002 as “Prevent a Litter
Month;” designated Tuesday, February 26, 2002 as “Spay Day USA.” (Full Board)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Armenta,
and unanimously carried.
S-2 Additions
and corrections to Agenda
Upon motion of Supervisor Johnsen, seconded
by Supervisor Calcagno, and unanimously carried, the Board approved the
following additions and corrections to the Agenda:
Under “Appointments,” add the reappointment
of Howard Thielbar to the Fish and Game Advisory Commission, for a term
expiring on February 1, 2005. (Johnsen)
Upon the request of Supervisor Armenta, under
“Other Board Matters,” add a Resolution congratulating Salinas Union High
School District, in particular Alisal High School, for its “Exploring New
Worlds in Technology, Science, Mathematics and Modern Languages” Celebration.
Consent Matter No. 26, to extend the
Professional Services Agreement for one year with Zucker Systems for consulting
services to review the Planning and Building functions and develop an
implementation plan, is continued two weeks, to Tuesday, March 12, 2002.
S-3 CONSENT
CALENDAR – REGULAR [See Supplementary
Sheet attached]
S-4 CONSENT
CALENDAR – SPECIAL DISTRICTS
2050.000 S-5 PUBLIC
COMMENT PERIOD: Hans Jongens
addressed the Board concerning the gasoline additive MTBE, and on the proposed
desalinization plant at Moss Landing.
Michael Griva, representing the Independent Growers Association, stated
that they do not concur with statements contained in a letter dated February
12, 2002 from Common Ground Monterey County and LandWatch Monterey County
outlining their agreement on certain conservation and development principles. He lists a number of individuals and
organizations which find these principles unacceptable and destructive of
production agriculture. Nancy Isakson, representing the Salinas Valley Water
Coalition, submits a letter in support of the comments made by Mr. Griva on
behalf of Independent Growers. They too
have some concerns about the conservation and development principles outlined
in the joint letter from Common Ground and LandWatch.
APPOINTMENTS:
Upon motion of Supervisor Johnsen, seconded by
Supervisor Armenta, and unanimously carried, the Board approved the following
appointments:
0400.250 1. Appointed Marguerite Fern to the
Equal Opportunity Advisory Commission, for a term to end on December 31,
2003. (Full Board)
0401.750 2. Reappointed Al Espindola to the Fish
and Game Advisory Commission for a term expiring February 1, 2005. (Armenta)
0801.500 3. Reappointed Rodney McCollough and
Eldon Pura to the Board of Directors of the Greenfield Public Recreation
District, for terms expiring on December 31, 2005. (Calcagno)
0801.400 4. Appointed Jose Luis Aguilar to the
Board of Directors of the Greenfield Fire Protection District for a term
expiring November 30, 2003. (Calcagno)
0801.450 5. Appointed Pete Rocha to the Board of
Directors of the Greenfield Memorial District to fill the unexpired term of
Thomas Rumley, deceased, for a term ending November 30, 2003. (Calcagno)
0401.750 NA/1 Reappointed Howard Thielbar to the
Fish and Game Advisory Commission, for a term expiring on February 1,
2004. (Johnsen)
OTHER BOARD MATTERS:
6. Board
comments and referrals. None.
0600.025 7. County Administrative Officer’s Comments and Reports: Sally R. Reed, County Administrative Officer, presented the Board with a report on the concerns expressed by Sergio Sanchez, representing Service Employees’ International Union (SEIU) Local 817 regarding alleged inappropriate or illegal activity being conducted by Children’s Services International to discourage workers’ efforts to organize. She states staff has invested significant time following up on all of the allegations. Specifically, staff addressed the following three issues: 1) whether or not supervisors should be in the same unit; 2) alleged termination of an employee as a result of union activity rather than job-related causes; and 3) the hiring of a specific legal firm. Staff will continue to follow up, and continue to work with the Union.
Upon motion of Supervisor Johnsen, seconded by
Supervisor Armenta, and unanimously carried, the Board approved the following
Resolutions:
2050.000 8. Resolution No. 02-048: Adopted Resolution commending Dub
Harden, Grounds supervisor, in the Department of General Services, upon his
retirement. (Full Board)
2050.000 9. Resolution No. 02-047: Adopted Resolution commending Richard
Schonert, Building Maintenance Worker, in the Department of General Services,
upon his retirement. (Full Board)
2050.000 10. Resolution No. 02-055: Adopted Resolution Honoring the 100th
Anniversary of John Steinbeck’s birth and the National Steinbeck Center for its
commitment to keep alive the literary achievement of one of America’s most
prominent authors. (Armenta)
2050.000 NA/2 Resolution No. 02-060: Adopted Resolution congratulating
Salinas Union High School District, in particular Alisal High School, for its
“Exploring New Worlds…in Technology, Science, Mathematics and Modern Languages”
Celebration.
SCHEDULED
MATTERS
10:00 a.m.
S-6 Public hearing to adopt an Ordinance
amending existing Section 15.40.030 of the Monterey County Code relating to the
Emergency Medical Services Agency, to revise and streamline the
advisory-committee structure for the Monterey County Emergency Medical Services
Agency.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Calcagno, and unanimously carried, the matter was rescheduled to Tuesday, March
12, 2002 at 10:00 a.m.
0525.000 S-7 Resolution No.
02-061: Declared local emergency
concerning potential slide on Elkhorn Road (Las Lomas); and authorized the
execution of contracts for associated repair/construction work.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Pennycook, and unanimously carried, the Board adopted Resolution No. 02-061,
declaring the local emergency and authorizing emergency work.
3150.000 S-8 Deny a Combined Development Permit (PLN990150 - Kovacevich) consisting of
a Coastal Administrative Permit for a single family residence and a Coastal
Development Permit for a 30% slope waiver, and Design Approval. The project is located at the terminus of
Mt. Devon Road in the Carmel Highlands, Carmel Area Land Use Plan (Assessor's
Parcel # 241-161-005-000)
BOARD
ACTION: Upon motion of Supervisor
Pennycook, seconded by Supervisor Potter, and unanimously carried, the Board
continued this matter indefinitely to allow the applicant an opportunity to
complete the environmental review process necessary for further consideration
of the proposed development, including requested waivers/variances.
4600.000 S-9 Received
status report on Road Conditions for the North Monterey County area and Asset
Management Report on Pavement Rehabilitation Requirements.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Pennycook, and unanimously carried, the Board received the status report.
0950.000 S-10 Received
County Administrative Officer’s report regarding SEIU Local 817 recommendation
for representation of temporary workers; adopted Administration
recommended alternative resolution.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Calcagno, and unanimously carried, the Board received the report, and adopted
Resolution No. 02-063, affirming the county’s obligation to maintain strict
neutrality.
11:00 a.m.
3600.000 S-11 Approve a two-year
extension of a Use Permit for Quail Meadows and Quail Lodge, File Nos.
PLN020039 and PC7012, to allow a hotel and seminar center; affirm that the EIR
prepared for Quail Meadows, EIR No. 87-005, adequately addresses environmental
issues associated with the permit extension.
The project is located on Lot 57, Quail Meadows, Carmel Valley. Assessor’s Parcel No. 157-171-057.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Pennycook, and unanimously carried, the Board adopted Resolution No. 02-064,
approving the staff’s recommendation.
S-12 Monterey
County Water Resources Agency:
0802.400 a. Received the
North Monterey County Comprehensive Water Resources Management Plan (Zone 7).
BOARD
ACTION: Upon motion of Supervisor
Pennycook, seconded by Supervisor Calcagno, and unanimously carried, the Board
received the report.
0802.050 b. Adopt a Resolution
supporting Pajaro Valley Water Management Agency Ordinance 2002-01 (Measure N)
in the March 5, 2002 election.
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor
Calcagno, and unanimously carried, the Board adopted Resolution No. 02-065.
12:00 p.m.
Recess to lunch
1:40 p.m.
S-13 Closed
Session relating to the following items:
6200.000 a. Pursuant to
Government Code Section 54956.9(a), the Board will confer with legal counsel
regarding the following existing litigation:
1. County
of Monterey v. Cortes
BOARD ACTION: The Board approved the compromise of its $123,000 claim for
payment for medical services for $87,000 to be received over a five year
period.
0300.000 b. Pursuant to
Government Code Section 54956.9(b), the Board will confer with legal counsel
regarding the following potential litigation:
1. Claim
of Victor Tuchman
2. Claim
of Sergio and Paula Moya
BOARD ACTION: The Board granted leave
for Mr. Tuchman to file a late claim but took no other action on the
claim. The Board took no formal action
on the claim of Sergio and Paula Moya.
6200.000 c. Pursuant to
Government Code Section 54956.9(c), the Board will confer with legal counsel
regarding one matter of potential litigation.
BOARD ACTION: As the governing board of County Sanitation District No. 388, the
Board approved the terms of an agreement with Carmel Valley Ranch whereby
payment of an unpaid balance due for operation of the sanitary plant at the
Ranch would be paid out of proceeds from the sale of the plant to California
American Water Company.
0950.000 d. Pursuant to
Government Code Section 54957, the Board will confer with legal counsel
regarding one matter of public employee discipline/dismissal/release.
BOARD ACTION: No reportable action taken.
2:00 p.m.
1352.025 S-14 Receive report on
the public outreach efforts, and expand the study area boundary for the Rancho
San Juan Area of Development Concentration (ADC).
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor
Johnsen, and unanimously carried by those members present with Supervisor
Potter absent, the Board continued this matter to Tuesday, April 9, 2002 at
10:30 a.m. for a public hearing. This
will allow time for more comprehensive public outreach and legal noticing to
property owners who would be affected by this project and the proposed
expansion.
1351.450 S-15 Adopted
criteria to be used to review property owner General Plan amendment requests
for changes in their land use designation and zoning; and directed staff
to return to the Board with the results of the first screening based on the
adopted criteria prior to forwarding the requests to the advisory bodies.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Calcagno, and unanimously carried, the Board adopted the criteria in an
“advisory capacity” to be used along with the 12 general plan objectives which
the Board has previously approved to review property owner amendment requests by
staff and, in a concurrent process, by the Land Use Advisory Committees. The motion provided direction to staff that
the matter come back to the Board of Supervisors for review and for adoption
and to create an appeal process.
ORDER FOR ADJOURNMENT TO TUESDAY, MARCH 12,
2002 AT 9:30 A.M.
APPROVED:
_________________________________
Chair
ATTEST:
SALLY
R. REED,
Clerk
of the Board
By:________________________________
Deputy
Upon motion of Supervisor Johnsen, seconded
by Supervisor Armenta, and unanimously carried, the Board approved the
following actions, except as otherwise noted:
HEALTH AND SOCIAL SERVICES:
0403.310 11. Accepted 2001 Annual Report of the
Santa Cruz-Monterey Managed Medical Care Commission, also known as the Central
Coast Alliance for Health.
0125.000 12. Agreement No. A-08891: Approved and authorized the Director of
Health to sign Behavioral Health Services Agreement with Edgewood Children’s
Center for the provision of mental health services in the amount of $106,880
for the period of October 17, 2001 through June 30, 2002; authorized the
Director of Health to approve future amendments up to 50% of the annual amount,
which do not significantly alter the scope of work or result in an increase to
net county cost.
0110.000 13. Agreement No. A-07972: Approved and authorized the Director of
Health to sign Amendment #A02 to Agreement #99-85456 with the State Department
of Health Services for claiming Federal Financial Participation for Medi-Cal
administrative activities in the total amount of $300,000 for FY 1999-00; and authorized
the Director of Health to approve future amendments up to 50% of the annual
amount, which do not significantly alter the scope of work or result in an
increase to net county cost.
0600.950 14. Approved the Three-Year Plan for the
Child Abuse Prevention, Intervention, and Treatment (CAPIT) and the Community
Based Family Resource and Support (CBFRS) programs for July 1, 2002 – June 30,
2005.
CRIMINAL
JUSTICE:
0600.600 15. Resolution No. 02-067: Amended District Attorney Budget
0150.141 Unit 224 to approve reallocation of
position, to delete (1) Legal Secretary and add (1) Accounting Technician.
GENERAL
GOVERNMENT:
6300.000 16. Approved Action Minutes for the
meetings of Tuesday, January 29, 2002, Tuesday, February 5, 2002 and Tuesday,
February 12, 2002, copies having been distributed to each Board Member.
0600.150 17. Approved the
increase of the Monterey County Office for Employment Training 2001/2002
Revenue and Appropriations budget by $104,232 to include funds drawn from the
Governors’ Discretionary Funds of Title I Workforce Investment Act (WIA) Funds
for Rapid Response activities; authorized the WIB Executive Director to
coordinate the execution of these funds; and authorized the
Auditor-Controller to increase Estimated Revenue and Appropriations in Fund
007, Budget Unit 565, Office for Employment Training.
0950.000 18. Approved and
adopted the Monterey County Employee
0600.750 Election Official
Program for all unrepresented employee organizations; and approve Side Letters
with Bargaining Units A, B, C, D, E, F, H, J, K, M, N and R concerning the
Election Official Program.
0402.800 19. Approved amending
Section 6, Quorum, of the bylaws of the Monterey County Overall Economic
Development Commission.
0801.250 20. Approved
request from Gonzales Rural Fire Protection District for an exception to the
annual audit requirement mandated by Government Code Section 26909 and
authorize preparation of a Five (5) Year Audit beginning with Fiscal Year
ending 2001. (Unanimous Vote Required)
0125.000 21. Agreement No.
A-08890: Approved and authorized
the Director of the Parks Department to enter into an Agreement with Water
World Resorts, Inc., for the collection of boating fees at Lake Nacimiento.
0601.850 22. Approved and
authorized the acceptance of transfer of title from the Monterey County
Parks Foundation to the Monterey County Parks Department for a modular building
located at Laguna Seca Recreational Area Chaparral Campground.
0601.600 23. Amended
Budget Unit 755, Parks Grant Program; increased
0150.141 estimated revenue and
appropriations by $7,000 to receive State Bond Act Grant funds for improvements
at County Parks Facilities.
PLANNING AND BUILDING INSPECTION:
0602.200 24. Approved the
purchase of a computer network server and the associated transfer of $26,700
from Fiscal Year 2001-02 Services and Supplies to Fixed Assets in Planning and
Building Inspection Department Budget Unit 293.
25. Approval and authorization for the Chair to
sign on behalf of the Board, a Professional Services Agreement with Resource
Design Technology, Inc. in the amount of $392,783 for the preparation of an
Environmental Impact Report (EIR) for the Handley Ranch Quarry Operations and
Reclamation Plan (PLN010290), and provision of project management support; 2)
approval and authorization the Chair to sign on behalf of the Board, a
reimbursement agreement between the County of Monterey and Granite Construction
Company, Inc.; and 3) directed the County Purchasing Manager and Director of
Planning and Building Inspection to execute the contracts. Recommendation: Authorize the Chair to sign the two contracts, and direct the
County Purchasing Manager and Director of Planning and Building Inspection to
execute the contract.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Armenta, and unanimously carried, the Board continued this matter to Tuesday,
March 12, 2002 at 9:30 a.m. to allow for review of concerns stated by a member
of the public.
26. Approval of Amendment No. 1 to extend
Professional Services Agreement for one year in an amount not to exceed
$175,000 with Zucker Systems for consulting services to review the Planning and
Building functions and develop an implementation plan; and authorize the County
Administrative Officer to sign the amendment.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Armenta, and unanimously carried, the Board continued this matter to Tuesday,
March 12, 2002 at 9:30 a.m.
SPECIAL DISTRICTS:
Upon motion of Supervisor Johnsen, seconded
by Supervisor Armenta, and unanimously carried, the Board approved the
following action:
0650.000 27. Resolution No. 02-062: Approved initial listing of extended
services for the County Service Areas (CSA’s) for Fiscal Year 2002-03.