MONTEREY COUNTY BOARD OF
SUPERVISORS
AND THE MONTEREY COUNTY
REDEVELOPMENT AGENCY
Tuesday, May 28, 2002 at 9:30 a.m.
Lunch Break from 12:00 Noon to 1:40 p.m.
9:30
a.m.
S-1 Additions
and corrections to Agenda: None.
S-2 CONSENT
CALENDAR – REGULAR [See Supplementary
Sheet attached]
S-3 CONSENT
CALENDAR - MONTEREY COUNTY REDEVELOPMENT AGENCY
2050.000 S-4 PUBLIC COMMENT PERIOD: Marit Evans, resident of Corral de Tierra
and spokesperson for the Citizens to Save Mark’s Ranch presented the Board with
advisory petitions containing 3,624 signatures to preserve the Mark’s Ranch,
with its sensitive habitat, grand vistas and steep canyons located in the
Tularcitos-Oak woodland in a “Public/Quasi Public” designation as part of the
Monterey County General Plan. Joyce
McBride, resident of the Toro Area, urged the Board to preserve and cherish the
history of Monterey County, and to work towards establishing a Museum with
nature walks through the ancient, established gardens located on the Mark’s
Ranch. Morgan Lucier, Ph.D., Social
Worker for the Child Welfare Unit for the Department Social Services, Division
of Family Reunification/ Maintenance, addressed the Board on behalf of her
colleagues regarding wage parity and employee turn-over for Social Workers,
Eligibility Workers, and Mental Health Workers. Benjamin C. Franklin, Jr., addressed the Board concerning wage
disparity and the steady decline of Eligibility Workers in the Department of
Social Services. Linda Sakata, Food
Stamp Eligibility Worker for the Department for Social Services for 17 years,
indicated that the average case load for Eligibility Workers is overwhelming,
and is compounded by a high Eligibility Worker vacancy rate. She also addressed
the wage disparities between Monterey County and comparable counties. Joseph Vierra addressed the issue of private
property rights, and the need to keep elected officials in Monterey County from
amassing too much political power. Hans
Jongens addressed the Board concerning the gasoline additive MTBE, and stressed
the importance of careful land use planning and the preservation of
farmland. Nancy Iverson, resident of
the Las Palmas I Subdivision, Toro Area, addressed the Board concerning the Las
Palmas I, Las Palmas II, and Montebello/Marks Ranch in relation to the Monterey
County General Plan Update.
APPOINTMENTS:
Upon motion of
Supervisor Pennycook, seconded by Supervisor Armenta, and unanimously carried,
the Board approved the following appointment:
0800.450 1. Appointed Mary
Paredes to the Board of Directors of the Castroville Cemetery District, for a
term to expire on March 30, 2005.
(Pennycook)
0400.435 2. Appointed Dean Sims, to the Older
Americans Advisory Council, for a term to expire on January 1, 2005. (Pennycook)
0400.250 3. Appointed Jeff
Fortin, to the Equal Opportunity Advisory Commission, for a term to end
concurrently with the appointing Supervisors’ term, on January 7, 2003. (Pennycook)
4. WITHDRAWN
FROM THE AGENDA: Appointment of
Jeff Fortin, to the Animal Control Program Advisory Board, for a term to end on
July 1, 2005. (Pennycook)
OTHER BOARD
MATTERS:
6300.000 5. Board comments and referrals: Supervisor Calcagno requested that the
petition brought forward this morning under “public comment” containing 3,000
signatures opposing the Marks Ranch be filed in a secure place, and brought
back to the Board at the time this issue is addressed during the Monterey
County General Plan process. Supervisor
Pennycook updated the Board on adoptions of previously featured pets from the
County Animal Shelter, and presented a brief description of Murphy Jones, a
neutered, 2-year-old, domestic, medium-haired mix cat who is looking for a
loving home. Supervisor Potter
compliments Len Foster, Director of Health, Lew Bauman, Public Works Director,
and Lou Solton, Treasurer/Tax Collector on their department’s responses to
constituent requests.
0600.025 6. County Administrative Officer’s Comments and
Reports: None.
2050.000 7. Resolution No. 02-201: Adopted Resolution commemorating
dedication of the Codiga Center and Museum on the Santa Cruz County
Fairgrounds. (Calcagno)
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Armenta, and unanimously carried.
SCHEDULED MATTERS
10:00 a.m.
0650.000 S-5 a. Public hearing on Written Report of service charges to be levied
on County Service Areas for Fiscal Year 2002-03; maintaining service charge
levels for specified service charges that are collected on the tax rolls for
all service areas; adopt resolutions approving CSA Written Reports of service
charges for Fiscal Year 2002-03 for all CSAs except CSA 10, CSA 17, CSA 25, CSA
34, CSA 55, CSA 57, CSA 67, CSA 69 and CSA 100.
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Armenta, and unanimously carried, the Board adopted Resolution Nos. 02-215
through 02-246, confirming Final Written Report on Service Charges to be levied
in various CSA’s:
0803.375 b. Public hearing on
Written Report of sewer service charges to be levied on Moss Landing County
Sanitation District for the Fiscal Year 2002-03; maintaining service charges at
present level; adopt Written Report and resolution certifying compliance with
State Law.
BOARD ACTION: Upon motion of Supervisor Armenta, seconded by Supervisor
Johnsen, and carried 4-0, with Supervisor Calcagno recusing himself to avoid
any appearance of conflict of interest, the Board adopted Resolution No.
02-247, certifying compliance with state law with respect to the levying of
general and special taxes, assessments, and property-related fees and charges
for the Moss Landing County Sanitation District.
0800.125 c. Public hearing on
Written Report of sewer service charges to be levied on Boronda County
Sanitation District for the Fiscal Year 2002-03, maintaining service charges at
present level; adopt Written Report and resolution certifying compliance with
State Law.
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor
Armenta, and unanimously carried, the Board adopted Resolution No. 02-248,
certifying compliance with state law with respect to the levying of general and
special taxes, assessments, and property-related fees and charges for the
Boronda County Sanitation District.
0601.175 S-6 Received information
regarding potential redevelopment opportunity in Prunedale, and initiate
Prunedale Business Enhancement Program.
(Continued from 5/21/02)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor
Armenta, and unanimously carried, the Board hereby:
1. Received
the report regarding redevelopment for Prunedale;
2. Directed
staff of the Environmental Resource Policy Office of Economic Development to
work with the small businesses in Prunedale to promote existing business
assistance programs and to identify business enhancement opportunities
reflecting the findings of the attached Prunedale Business Retention Study; and
3. Referred
to staff the matter of looking at the Prunedale situation to see if it is
different from the rest of the County, and thus warrants special circumstances
to expedite processing of Use Permits to allow commercial property owners to
bring in new business opportunities in the Prunedale area.
3150.000 S-7 Resolution No.
02-212: Adopted a Mitigated Negative
Declaration and Mitigation Monitoring Plan and approve a Coastal Administrative
Permit and Design Approval for Murray and Carol Smith (PLN 000239) to allow the
demolition of an existing one-story single family dwelling and construction of
a two-story single family dwelling with an attached three-car garage, new
driveway (decomposed granite), addition and replacement of sections of the
perimeter grape stake fence (4 to 6 feet in height), new 6 foot timber entry
gate with stone columns and associated grading. The property is located at 3105
Seventeen Mile Drive (Assessor's Parcel Number 008-012-007-000), northeasterly
of the intersection of Seventeen Mile Drive and Spyglass Hill Drive, Del Monte
Forest Land Use Plan.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor
Calcagno, and carried with Supervisor Potter voting “No,” the Board denied the
appeal filed by Ken and Sharene Virnig, and adopted Resolution No. 02-212,
thereby approving the smaller configuration offered by the applicant, including
a change in Condition No. 17 from 115’ to 100’ setback from the centerline of
Seventeen Mile Drive.
11:00 a.m.
0600.026 S-8 a. Accepted
the recommendations of the Sensitivity/Diversity Training Group to implement
sensitivity training countywide.
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Armenta, and unanimously carried.
0600.026 b. Received update on the dissemination
of information regarding where and how to file complaints of unlawful
discrimination.
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
5100.000 S-9 a. 1. Resolution No. 02-213: Acting as the Board of Supervisors for the
County of Monterey, hold a public hearing regarding the conveyance of property
for the development, construction and operation of the Japanese School Park
(Castroville/Pajaro Redevelopment Project).
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board
adopted Resolution No. 02-213, providing for the conveyance of property.
5100.000 2. Agreement No. A-09003 (Resolution No.
02-214): Acting as the Board of
Directors of the Monterey County Redevelopment Agency, reviewed the
Initial Study and adopted a Negative Declaration for the sale of the
property to the District; and adopted the Resolution approving and
authorizing execution of the proposed Japanese School Disposition and
Development Agreement between the Redevelopment Agency and the North County
Recreation and Park District.
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board
of Directors of the Monterey County Redevelopment Agency adopted Resolution No.
02-214, approving and authorizing execution of the proposed Japanese School
Disposition and Development Agreement No. A-09003.
5100.000 b. Agreement Nos. A-09004 and A-09005: Acting as the Board of Directors for the
Monterey County Redevelopment Agency, approved purchase of Castro Field
Property (APN 030-118-002) from the North County Recreation and Park District
and adopted Mitigated Negative Declaration, approved the Purchase
and Sale Agreement providing for the purchase of the Castro Field property from
the District for $1.00; approved the Lease Agreement for the Property
between the Redevelopment Agency and the District, and authorized the
County Administrative Officer and County Counsel to execute the documents
necessary to process the transaction, including but not limited to escrow documents
and purchase documents.
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board
of Directors for the Monterey County Redevelopment Agency approved the staff’s
recommendations, thereby approving Agreement Nos. A-09004 and A-09005.
1351.450 S-10 Provided direction to the Planning
Commission regarding the process for reviewing the Draft General Plan Update.
BOARD
ACTION: Upon motion of Supervisor
Pennycook, seconded by Supervisor Johnsen, and unanimously carried, the Board
approved the Planning Commission’s request regarding the process for completing
review of the General Plan, with the following modifications:
a. Directed
staff to provide the Board with policy recommendations for changes to the draft
plan based on public comments.
b. In
July, the Board will provide direction to staff on any policy revisions to be
incorporated into the plan based on the Planning Commission recommendations,
staff recommendations, and all other public input.
12:00 p.m.
Recess
for lunch
1:40 p.m.
S-11 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. Carmel Valley Fire Protection District v. All
Persons Interested
BOARD ACTION: The Board authorized an appeal.
2. H-Y-H
Corporation v. County of Monterey
BOARD ACTION: the Board authorized retention of the firm Frielig Lighner and
Carlisle for assistance in trial preparation.
3. Arreola, et al. v. County of Monterey, et al.
BOARD ACTION: No reportable action taken.
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)
BOARD ACTION: No reportable action taken.
ORDER FOR ADJOURNMENT TO TUESDAY, JUNE 4,
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:
0601.525 8. Approved transfer of $2,904,715 from
the Natividad
0150.141 Medical
Center Enterprise Fund to the County General Fund Budget Unit 850, Other
Finance Uses; and increase Budget Unit 430, Medical Care Services, by the same
amount to provide payment for the intergovernmental transfer required by the
Disproportionate Share Hospital Program for FY 2001-02. (4/5ths Vote Required)
NATIVIDAD
MEDICAL CENTER AND INFORMATION TECHNOLOGY:
0601.525 9. Resolution No. 02-207: Approved Resolution to
0601.160 authorize
Natividad Medical Center and Information Technology Department access to
summary criminal history information for employment (including volunteers, and
contract employees) purposes.
HEALTH AND SOCIAL SERVICES:
0601.100 10. Resolution No. 02-208: Proclaimed state of local emergency
relating to the spread of HIV among injection drug users in Monterey County.
0110.000 11. Agreement No. A-08994: Approved and authorized the Director of
Health to sign an Agreement with the State Department of Health Services for
funding of the Health Alert Network in the amount of $10,000; and directed the
Auditor-Controller to amend Health Department Budget Unit 411 to increase
estimated revenue and appropriations in Fiscal Year 2001-2002.
CRIMINAL JUSTICE:
0602.250 12. Approved transfer of funds in the
amount of $24,215
0150.141 from
Services and Supplies to Fixed Assets in Probation Budget Unit 255 for the
purchase of a truck for Juvenile Justice Crime Prevention Act (JJCPA) (also
known as AB1913) Programs.
GENERAL
GOVERNMENT:
0125.000 13. Agreement No.
A-08997: Approved the
recommendation of the Selection Committee for Hellmuth, Obata + Kassabaum, Inc.
(HOK) to provide the executive architectural and engineering services for a new
County Administrative Facility and the renovation and remodeling of the North,
East and West Wings at the County of Monterey Civic Center Complex in Salinas;
and authorized a professional services agreement in the amount of
$25,000.
0125.000 14. Agreement No.
A-08998: Authorized the Assistant
County Administrative Officer to enter into a limited-term agreement for
professional services with Daniel T. Hogan for capital projects management in
an amount not to exceed $100,000.
4300.000 15. Approved increased
estimated revenues and
0150.141 appropriations in Budget Unit 285, Proposition 172
Contributions by $726,471; approved allocation of $2,102,063 of FY
2001-02 Proposition 172 Public Safety Sales Tax Revenue; and approved
increased estimated revenues and appropriations and approve allocations of
$222,590 of prior years’ Proposition 172 revenue to Monterey County fire
protection agencies.
5400.000 16. Resolution No. 02-209: Amended Personnel Policies
0601.160 and Practices Resolution No. 98-394 to add
0150.141 classification of Chief Security and Privacy Officer; amended
Information Technology Department Budget Unit 193 to approve reallocations; amended
Information Technology Department Budget Unit 151 to approve reallocation;
and directed the County Administrative Office and the Auditor’s Office
to incorporate recommendations into the FY 2002/03 Final Budget.
1400.000 17. Approved revision
to the recommended response to the 2001 Monterey County Grand Jury Final Report
and authorized staff of the County Administrative Office to file
approved revision to the Final Response with the Presiding Judge of the
Superior Court of California, County of Monterey.
0525.000 18. Adopted Plans and
Specifications for Information Technology Building Uninterruptible Power Supply
(UPS) Replacement, Bid Number 9611, and directed the Clerk to advertise
for bids to be received no later than 2:00 p.m., Wednesday, July 3, 2002.
0601.350 19. Resolution No.
02-210: Authorized County Librarian
to sign Proposition 14 applications for the cities of Gonzales, Marina and
Seaside, and adopted Board Resolution indicating the County Library’s
willingness to operate the new facilities once they are constructed.
0125.000 20. Agreement No.
A-08999: Approved and authorized
the Contracts/Purchasing Manager to sign a three-year lease agreement,
effective March 1, 2002 with Samuel Kobrinsky, et al., A California General
Partnership for 4,552 Square Feet of General Office Space at 19065 Portola
Drive, Suites H, I, J, & L, Salinas, CA for use by the Health Department’s
Emergency Medical Services Division.
PLANNING AND BUILDING INSPECTION:
6000.500 21. Accepted final
Parcel Map, Tax Report, Subdivision Improvement Agreement, four Deeds of Trust
and Assignments of Rents in connection with the Subdivision Improvement
Agreement, three Inclusionary Housing Deed Restrictions and Covenants,
Conservation and Scenic Easement Deed, Indemnification Agreement, Permit
Approval Notice, Subdivision Title Guarantee, and recording fees for a Minor
Subdivision for Elliot Page and LaVielle LaMont (PLN980343), consisting of two
lots and a remainder parcel, located west of Country Club Heights Lane, north
of Middle Canyon Road and DaAmaral Road, Carmel Valley. (Assessor’s Parcel Numbers 187-021-025.)
0127.000 22. Resolution No.
02-211: Approved “Conveyances and
Deeds of Agricultural Conservation Easements;” authorized Chair to
execute “Conveyances and Deeds of Agricultural Conservation Easements” to
authorize the Monterey County Agricultural & Historic Land Conservancy,
Inc. to hold the Agricultural Conservation Easements related to the
Agricultural Conservation Easement Deeds between the County of Monterey and J.J.
& H. Violini Company and between the County of Monterey and Herbert J.
Meyer, Trustee; and, authorized the Clerk of the Board and the
Assessor-Recorder’s Office to record the Conveyances and Deeds of Agricultural
Conservation Easements.
PUBLIC WORKS:
0125.000 23. Agreement No. A-09000: Approved an Easement Purchase Agreement
with Karen E. Sandholdt, et al., in the amount of $38,700 for the purchase of
.25 acre of road easement and .03 acre of slope easement for the construction
of the Sandholdt Road Bridge No. 112 Replacement Project, Moss Landing Area.
4600.000 24. Approved four grant applications to be
submitted to the Monterey Bay Unified Air Pollution Control District in the
amount of $496,200 for bicycle projects.
0125.000 25. Agreement No. A-09001: Approved professional services agreement
with Cascade Software Systems, Inc. in an amount not to exceed $55,000 for
maintenance and modification programming services for the cost accounting
management system for the period of July 1, 2002 through June 30, 2002.
0125.000 26. Agreement No. A-09002: Approved Letter of Agreement with
S.E.I.U. Local 817 regarding impact of initiation of sale of specific water and
wastewater systems on employees of the Department of Public Works.
MONTEREY
COUNTY REDEVELOPMENT AGENCY:
Upon motion of
Supervisor Johnsen, seconded by Supervisor Armenta, and unanimously carried,
the Board approved the following action:
5100.000 27. Increased revenue
and appropriations in Fund 403,
0150.141 Budget Unit 940 to reflect the receipt of unanticipated revenues in the amount of $4,650.