MONTEREY COUNTY BOARD OF
SUPERVISORS
AND THE MONTEREY COUNTY WATER
RESOURCES AGENCY
Tuesday, May 21, 2002 at 9:30 a.m.
Lunch Break from 12:00 Noon to 1:40 p.m.
9:30
a.m.
S-1 Welcome
students from North County High School
10:00 a.m.
S-2 Additions
and corrections to Agenda
Due to the need for immediate action on a
matter raised with the County on May 17, 2002, the County Counsel requests that
the Board add to today’s closed session agenda one matter of potential litigation
pursuant to Government Code section 54956.9(c).
The Board is requested to adjourn this
meeting in memory of Edith Ann King, former Monterey County Personnel Director,
deceased.
S-3 CONSENT
CALENDAR – REGULAR [See Supplementary
Sheet attached]
S-4 CONSENT
CALENDAR - MONTEREY COUNTY WATER RESOURCES
AGENCY
S-5 CONSENT
CALENDAR - SPECIAL DISTRICTS
2050.000 S-6 PUBLIC COMMENT PERIOD: Sam Samples, Vice-President of the North
County Youth Recreation Association, urged the Board to direct staff to
expedite their permit for construction of an indoor sports complex on land
leased from the County at the Manzanita Park.
Joseph Vierra addressed the Board on the topic of public service.
OTHER BOARD
MATTERS:
6300.000 1. Board comments and referrals: Supervisor Pennycook brought the Board
greetings from the Monterey Regional Water Pollution Control Agency, and
expressed their appreciation for approval and signing regarding a recycled
water allocation for urban use. She
presented a brief description of Jodie, a 3-year-old female German Shepard mix,
and Oscar, a neutered 5-year-old flame point Siamese mix cat, both pets being
adoptable from the County Animal Shelter.
Supervisor Armenta announced that a ground-breaking ceremony will be
held on Sunday, May 26th, from 11:00 a.m. to 1:00 p.m., at the All
Veterans Park on East Laurel Drive.
Upon the request of Supervisor Armenta, the Board referred a letter from
Paul Johnson, Executive Director, Citizenship Project, requesting that the
County take action regarding the recognition of foreign identification
documents. This letter and attached
documents was sent to all members of the Board, Blanca Zarazua, representing
the Mexican Consulate and President of the
Hispanic Chamber of Commerce, the County Administrative Officer, County
Counsel, Sheriff Gordon Sonné, Anna Caballero, Mayor of the City of Salinas,
the City of Salinas Attorney and Chief of Police of Salinas Dan Ortega. Supervisor Armenta requests that the County
put together a meeting, whether it be under the direction of the County
Administrative Office or County Counsel.
Supervisor Johnsen reported that on Monday, May 27th in
Mission Memorial Park, Seaside, a special ceremony will be held regarding the
meaning of Memorial Day. The public is
invited to attend the celebration.
0600.025 2. County Administrative Officer’s Comments and Reports: Sally R. Reed, County
Administrative Officer, announced that during the Board’s closed session, the
job shadow students from North Monterey County High School will be given a tour
of the 911 Emergency Communications Center.
Ms. Reed distributed a copy of the Board Comments and Referrals for the
years 2001-2002, and indicated that this referral list will be updated and given
to each Board member on the dais each Tuesday.
Ms. Reed also distributed to each Board member a quick informational
update and analysis of the state budget, and presented the Board with an oral
outline of what County staff is seeing based on the extraordinary nature of the
May revise and its impact on the County, how it will affect the up-coming
budget process, and the next steps County staff will propose.
2050.000 3. Resolution No.
02-176: Adopted Resolution
designating the week of May 19-25, 2002, as Emergency Medical Services Week in
Monterey County. (Potter)
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Pennycook, and unanimously carried.
2050.000 4. Resolution No.
02-191: Adopted Resolution
acknowledging the valuable contributions of Brian Gifford to enhance the
quality of life for the homeless population as well as acknowledge his ability
to raise funds for the Coalition of Homeless Services Providers agencies as
well as the various member in the County of Monterey. (Armenta)
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Pennycook, and unanimously carried.
6300.000 5. Accepted report
from Board of Supervisors’ Budget Committee for April 2002. (Calcagno; Johnsen)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Calcagno, and unanimously carried.
2050.000 6. Resolution No.
02-192: Adopted Resolution honoring
the Salinas Valley Builders Exchange on their 50th Anniversary for
their dedication and commitment on behalf of the construction industry. (Armenta)
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Pennycook, and unanimously carried.
SCHEDULED
MATTERS
10:30 a.m.
0600.027 S-7 Received annual
Crop Report from the Agricultural Commissioner.
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Pennycook, and unanimously carried.
0602.250 S-8 Received an oral
report from the Probation Department on Campus Probation Officers’ Program.
BOARD ACTION: Upon motion of Supervisor Armenta, seconded by Supervisor Pennycook,
and unanimously carried.
0601.600 S-9 Monterey
County Parks takes CalWORKs kids camping.
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Pennycook, and unanimously carried, the Board received the oral report from
John Pinio, Parks Director.
11:00 a.m.
2800.000 S-10 a. Ordinance No. 04142:
Conducted a public hearing and approved an Ordinance amending
Section 8.04.010 of the Monterey County Code relating to general provisions and
definitions, repealing Chapter 8.24 of the Monterey County Code relating to
vicious or unsafe animals, and adding Chapter 8.24 to the Monterey County Code
relating to potentially dangerous and vicious dogs.
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor
Armenta, and unanimously carried, the Board adopted Ordinance No. 04142,
relating to potentially dangerous and vicious dogs.
The motion included referral to the Board’s
Health Subcommittee two additional issues concerning limiting the scope of the
existing Monterey County Code section to dogs only, and taking away the ability
to regulate other species of animals, such as cats, exotic cats, and poisonous
reptiles; and the issue of concern about veterinarians becoming an enforcement
arm in that it may have a chilling effect regarding clients wanting to seek
veterinarian care for their animals, for evaluation and report back to the
Board.
2800.000 b. Ordinance No.
04143: Conducted a public hearing
and approved an Ordinance amending Section 8.08.020 of the Monterey
County Code relating to the provision of copies of rabies certificates to the
Director of Health.
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor
Armenta, and unanimously carried, the Board adopted Ordinance No. 04143,
relating to the provision of copies of rabies certificates to the Director of
Health.
3150.000 S-11 Public hearing to adopt a Mitigated Negative
Declaration and Mitigation Monitoring Plan and approve a Combined Development
Permit for Kenneth M. Blackwell Inc. (PLN980305), including the
following: 1) General Development Plan for development of approximately 7,267
sq. ft. of new building area and construction of additional parking, signage
and ancillary facilities in an existing commercial center (White Oak Plaza); 2)
Administrative Permit for development on property located in the “S” (Site
Review) Zoning District; 3) Administrative Permit for development of 5,667 sq.
ft. of building area for office and light commercial uses; 4) Use Permit for
development of a new 1,600 sq. ft. restaurant; 5) Use Permit for parking spaces
not in conformance with standards; 6) Use Permit to allow additional
development on property in the “HR” (Historic Resources) Zoning District; and
Design Approval. The property is
located at 27 East Carmel Valley Road, Carmel Valley (Assessor’s Parcel Numbers
189-291-005-000 & 189-291-006-000), southerly of Carmel Valley Road, Carmel
Valley Village area. (Appeal on this
application has been received on behalf of Ed Leeper and Save Our Peninsula
Committee (SOP), and Dr. James Flippen)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor
Johnsen, and carried by those members present with Supervisor Potter voting
“No,” and Supervisor Armenta absent, the Board denied the appeal, adopted a Mitigated
Negative Declaration and Mitigation Monitoring Plan prepared for the project,
and adopted Resolution No. 02-206, approving the Combined Development Permit
with Findings, Evidence and Recommended Conditions of Approval. The motion included approval of additional
conditions concerning the relocation of the restaurant building, and the
emergency access on Paso Hondo.
12:00 p.m.
Recess
to lunch
1:40 p.m.
S-12 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. Mudd
v. County of Monterey
BOARD ACTION: The Board authorized payment to plaintiff’s counsel in the amount
of $370,000 for attorney’s fees.
2. Carrillo
v. State Dept. of Pesticide Regulation et al.
BOARD ACTION: The Board ratified settlement involving the withdrawal of the
appeal, the dissolution of the existing injunction, the agreement by the State
Department of Pesticide Regulation to review methyl bromide applications and
sub-chronic exposure in their development of regulations, and the agreement by
the Agricultural Commissioner to take certain interim measures in the area
within 1500 feet of identified elementary schools.
6200.000 b. Pursuant to Government
Code Section 54956.9(b), the Board will confer with legal counsel regarding the
following potential litigation:
1. One
matter not specified pursuant to Government Code Section 54956.9(b) (Waiver of
Conflict)
BOARD ACTION: The Board waived a potential conflict of interest identified by
the law firm of Foley Lardner with respect to the firm’s representation of the
County.
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: No reportable action taken.
2:00 p.m.
0525.000 S-13 Pursuant to Public
Contract Code section 4107, conduct a hearing on Design Space Modular Building,
Inc.’s request for substitution of subcontractors, Willie Electric Company and
Jenkins Construction, for the project “Site Improvements at 230 Church Street.”
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Pennycook, and unanimously carried by those members present with Supervisor
Armenta absent, the Board allowed the substitution of subcontractors for this
project.
ORDER FOR ADJOURNMENT TO TUESDAY, MAY 28,
2002 AT 9:30 A.M. IN MEMORY OF EDITH ANN KING, FORMER MONTEREY COUNTY PERSONNEL
DIRECTOR, DECEASED.
APPROVED:
__________________________________ Chair
ATTEST:
SALLY
R. REED,
Clerk
of the Board
By:________________________________
Deputy
Upon motion of
Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried,
the Board approved the following actions, except as otherwise noted:
HEALTH AND SOCIAL SERVICES:
0125.000 7. Agreement No. A-08985: Approved and authorized Director of
Health to sign a Memorandum of Agreement between the Charitable Council of
Monterey County, Inc. and the County of Monterey Health Department Primary Care
Division for management of charitable donations.
0601.100 8. Resolution No. 02-193: Added 1.0 FTE Health Education Assistant
position; reallocated 1.0 FTE vacant Clinic Office Supervisor position
to 1.0 FTE Accounting Technician position; directed the
Auditor-Controller to amend Health Department Budget Unit No. 411 to reflect
the change in position count in Fiscal Year 2001-2002; and directed the
County Administrative Office and Auditor Controller to include the budget
changes in Fiscal Year 2002-2003 final budget.
CRIMINAL JUSTICE:
0125.000 9. Agreement Nos. A-08986 through
A-08988: Approved and authorized
the Chair of the Board of Supervisors to sign contracts with the following
Court-Appointed Counsel for Fiscal Year 2002-2003: Law Office of Scott Erdbacher, Law Office of Frank Dice, and the
Law Office of Paddy L. Grinstein.
0125.000 10. Agreement No. A-08695: Approved and authorized the Purchasing
Manager to sign an amendment to increase agreement with Renaissance Resources –
West Coast to provide administrative and evaluation services for the Rancho
Natividad Project during the period July 1, 2002 through October 31, 2002.
GENERAL
GOVERNMENT:
6300.000 11. Approved Action
Minutes of the meeting of Tuesday, May 7, 2002, copies having been distributed
to each Supervisor.
5400.000 12. Resolution No.
A-0194: Amended Personnel Policies
0600.050 and Practices Resolution No. 98-394 to add
0150.141 classification of Chief Deputy Auditor-Controller and
Accounting Analyst, and amended Auditor-Controller Budget Unit 111 to
approve reallocation and reclassifications of Finance Manager II to Chief
Deputy Auditor-Controller and Senior Accountant-Auditor to Accounting Analysts.
0600.150 13. Increased
the Monterey County Office for Employment
0150.141 Training 2001-2002 Revenue and Appropriations Budget by
$3,000,000 to include the final allocations and carry-in dollars made available
pursuant to the 1998 Workforce Investment Act.
(4/5ths Vote Required)
0525.000 14. Awarded contract
to Randazzo Enterprises, Inc., to demolish Building “A” at 312 E. Alisal, at
the County of Monterey’s Public Works Yard, in the amount of $24,076, including
change order contingencies; directed the Auditor-Controller to make
payments upon the approval of Capital Projects Management; and reject all other
bids.
0125.000 15. Agreement No.
A-08989: Approved an agreement in
the amount of $100,000 with the Economic Competitiveness Group to conduct an
Economic, Business Climate and Workforce Assessment Analysis; authorize the
Assistant County Administrative Officer – ERP to sign the agreement and
authorize the Auditor-Controller to increase revenue and appropriations by $60,000.
0250.000 16. Resolution No.
02-195: Adopted Resolution
approving
0801.975 the Fair Share Distribution Tax Transfer for the proposed
“Gianolini Reorganization” involving annexation of 43± acres to the City of
Greenfield and detachment from the Monterey County Resource Conservation
District.
17. WITHDRAWN FROM THE AGENDA FOR PLACEMENT ON
A FUTURE AGENDA AS A TIMED ITEM:
Receipt of a follow-up report on Board referral regarding potential
redevelopment opportunity in Prunedale and initiation Prunedale Business
Enhancement Program.
0150.142 18. Received the
2002-03 Appropriations Limits pursuant to Article XIIIB of the California
Constitution and set June 10, 2002 at 9:50 a.m. as the date to establish these
limits.
0125.000 19. Agreement No. A-06041: Approved and authorized the
Contracts/Purchasing Manager to sign Amendment 2 to Lease Agreement A-06041 to
extend the lease period through June 30, 2004 with Gonzales Shopping Center,
LLC for 3,200 square feet of space at 851 Fifth Street, Suites V and W,
Gonzales, CA, for use by the Monterey County Free Libraries’ Gonzales Branch.
0601.850 20. Resolution No.
02-196: Approved a State
Off-Highway Vehicle Operations and Maintenance grant application for the Laguna
Seca OHV Area for Fiscal Year 2003.
0525.000 21. Authorized
acceptance of work and file Notice of Completion for Water Tank Replacement at
the Environmental Center at Toro County Park, Bid No. 9506.
6300.000 22. Received report
from the Equal Opportunity
0400.250 Subcommittee of the Board of Supervisors. (Armenta;
0600.026 Potter)
0127.000 23. Resolution No.
02-197: Adopted Resolution
approving the application for grant funds from the California Department of
Conservation’s Farmland Conservation Program for the Vosti and Corda Ranches
Farm Easement. (Calcagno)
PLANNING AND BUILDING INSPECTION:
0700.000 24. Accepted a Public
Access Easement Deed and authorize the Chair to sign the deed with Duke Energy
Moss Landing LLC (PLN990233) for property located west of Highway 1, at the
intersection between Highway 1 and Dolan Road, Moss Landing, in the North
Monterey area of the Coastal Zone. (APN
133-171-003-000 and 133-181-011-000).
Staff Recommendation: Approval.
0700.000 25. Accepted a
Conservation and Scenic Easement Deed and authorize the Chair to sign the deed
with Gerald and Pamela Takigawa (PLN000310) for property located on 206 Country
Club Dr. (APN 187-241-011-000), Carmel Valley area. Staff Recommendation:
Approval.
0125.000 26. Agreement No. A-08990
(Resolution No. 02-198): Approved and
authorized the Chair to sign: (1) a Professional Services Agreement with
Jones & Stokes in an amount not to exceed $402,344 for the preparation of
an environmental impact report (EIR) for the Pebble Beach Development Proposal
(PLN010254 & PLN010341); and (2) a Reimbursement Agreement between Monterey
County and the Pebble Beach Company for the amount of $440,779.
PUBLIC WORKS:
0125.000 27. Agreement No. A-08991: Approved a Hold Harmless Agreement
between the County of Monterey and the Roman Catholic Bishop of Monterey
(Bishop Sylvester Ryan) in connection with a Community Cleanup Day in Pajaro on
May 25, 2002; and authorized the Public Works Director to execute the
agreement on behalf of the County.
0125.000 28. Agreement No. A-08992: Approved a Hold Harmless Agreement
between the County of Monterey and Aromas Community Center Foundation in
connection with a Community Cleanup Day
in Aromas on May 25, 2002; and authorized the Public Works Director to
Execute the agreement on behalf of the County.
4600.000 29. Resolution No. 02-199: Adopted resolution amending the mileage
of maintained County roads.
0125.000 30. Agreement No. A-08491: Approved Amendment No. 1 to the
Professional Services Agreement with URS Corporation for construction
management and inspection services on Bridge Seismic Retrofits to redistribute
costs between construction projects.
0525.000 31. Approved Plans and Special Provisions
and advertised for bids for installation of LED Traffic Signal Lamps at
various locations.
0125.000 32. Agreement Nos. A-08993, A-08995;
A-08996: Approved Agreements for
Construction of Road Improvements, Road Maintenance, and Traffic Impact Fee in
compliance with Combined Development Permit No. 000003, 1091 Madison Lane,
Keith Day applicant, Boronda area.
4600.000 33. Approved two grant applications to
Caltrans in the amount of $236,920 for Safe Routes to School (SR2S) Funds to
construct a bicycle project and pedestrian walkway project.
5200.000 34. Resolution Nos. 02-200; 02-203; 02-204; and
02-205:
0700.000 Adopted resolutions determining the
summary abandonment of a portion of the public right-of-way of Southbank Road,
the summary abandonment of a slope, utility, and drainage easement adjacent to
Southbank Road, and execution of Quitclaim Deed are exempt from CEQA;
resolution summarily abandoning the public right-of-way over a portion of
Southbank Road; resolution summarily abandoning a slope, utility, and drainage
easement adjacent to Southbank Road; and resolution quitclaiming any interest
Monterey County has in the said property and easement.
4600.000 35. Approved submittal of a grant
application to Caltrans in the amount of $250,000 for Safe Routes to School
Funds to construct a traffic signal at the intersection of Russell Road and Van
Buren Avenue, Salinas area.
0525.000 36. Resolution No. 02-202: Accepted Certificate of Completion for
construction of emergency erosion repairs on Elkhorn Road near Garin Road, and
authorize execution and recordation of the Notice of Completion, Las Lomas
area.
4600.000 37. Approved FY 2002-2003 Local
Transportation Fund application in the amount of $2,015,352 for County
contributions to various transportation programs; and authorized the
Public Works Director to execute and submit the application to the
Transportation Agency for Monterey County.
MONTEREY
COUNTY WATER RESOURCES AGENCY:
0802.200 38. Set for public hearing on June 4, 2002
at 10:00 a.m., approval of the Salinas Valley Water Project, certification of
the Final Environmental Impact Report, adoption of Findings, Statement of
Overriding Considerations and Mitigation Monitoring Program pursuant to the
California environmental Quality Act.
SPECIAL
DISTRICTS:
Upon motion of
Supervisor Johnsen, seconded by Supervisor Armenta, and unanimously carried,
the Board approved the following actions, except as otherwise noted:
0650.014 39. Approved commitment of $250,000 of County Service Area No. 14 – Castroville Funds for Castroville Community Facility Site Improvements.