A C T I O N   M I N U T E S

 

MONTEREY COUNTY BOARD OF SUPERVISORS

 

Tuesday, April 22, 2003 at 9:30 a.m.

 

9:30 a.m.

 

2050.000  S-1  Resolution No. 03-131:  Adopted and presented Resolution commending David Nawi, Interim County Counsel, for his dedicated service to Monterey County. (Full Board)

BOARD ACTION:  Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.

 

S-2  Additions and corrections to the Agenda.

 

Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried, the Board approved the following additions and corrections to the Agenda, due to the need for immediate consideration by the Board of matters which arose after the posting of today’s agenda:

 

Upon the request of the Sheriff, add the following to today’s agenda, under “Other Board Matters:”

 

“Adopt Resolution commending Dale E. Smith, Deputy Sheriff, upon his retirement from public service with the Monterey County Sheriff’s Office.”

 

Upon the request of County Counsel, the Board is asked to add the following to the Closed Session Agenda:

 

“Pursuant to Government Code section 54956.9(a), the Board will confer with legal counsel regarding the following existing litigation:

 

Christensen v. County of Monterey;” and

 

“Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding significant exposure to litigation in regard to one matter.”

 

S-3  CONSENT CALENDAR - REGULAR (See Supplementary Sheet,          attached)

 

S-4  CONSENT - SPECIAL DISTRICTS

 

2050.000  S-5  PUBLIC COMMENT PERIOD: 

 

a.   Rev. E. L. Moon, Pastor of Calvary Community Church, Prunedale Christian Academy, and KLVM K-Love 89.7 FM Radio Station requested the Board to direct County staff to sign off on their occupancy permit for their 15,000 sq. ft. Performing Arts Center at 8180 Prunedale North Road in Prunedale. 

 

The Board referred this matter to the Director of the Monterey County Water Resources Agency and other appropriate County staff, for evaluation and report back to the Board.

 

b.   Nancy Iverson, resident of Las Palmas Ranch I, addressed the Board concerning the need for a traffic signal and road widening at the intersection of River Road and Las Palmas Roads.

 

c.   Joseph Vierra expressed his opposition to SB 60, which would allow the provision of drivers’ licenses to illegal aliens, and AB 25, which would provide state-wide acceptance of the Mexican Consular identification card as valid ID.

 

d.   Jamie Frankel, media chairperson for the D.A.R.E. Program, implored the Board that this impact program, targeted at teenagers, remain funded in the Final Budget for FY 2003-04.

 

e.   Hans Jongens addressed the Board concerning the state of the economy in California.

 

f.   Margarita Anaya, substitute teacher for the Headstart Program, invited the Board to attend a rally on Sunday, April 27^th, to protest a proposal to take money from the federal government and give it to the state.  The Headstart Program is in jeopardy of losing its funding.

 

APPOINTMENTS:

 

Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and unanimously carried, the Board approved the following appointments:

 

0400.300  1.   Appointed the following nominees to vacancies on the Agricultural Advisory Commission, for terms to be determined: Tom Jones - California Strawberry Commission; John Baillee - Grower-Shipper Association of Central California; David Bunn - Monterey County Farm Bureau; Margaret Duflock - Monterey County Cattlemen's Association. (Full Board)

 

0402.800  2.   Reappointed Mary Ann Leffel, to the Overall Economic Development Commission, for a term to end on June 30, 2006. (Full Board)

 

0403.310  3.   Appointed Julie Edgcomb, to fill a vacancy, on Central Coast Alliance for Health, to a term to end on December 31, 2005. (Johnsen)

 

0403.825  4.   Appointed Dolores Cole, to fill a vacancy, and James Doyle, replacing David Snyder, for terms to be determined, on the Workforce Investment Board. (Full Board)

 

0401.500  5.   Appointed Arlene Tavani, to fill a vacancy, on the Commission on the Status of Women, for a term to end on February 1, 2006. (Calcagno)

 

0401.560  6.   Appointed Holly Harmon, to fill a vacancy, on the Community Restorative Justice Commission, for a term to end on April 22, 2005. (Full Board)

 

OTHER BOARD MATTERS:

 

6300.000  7.   Board comments and referrals:  

 

a.   Supervisor Calcagno reported that he and Supervisor Lindley recently participated in a meeting concerning the number of trucks parking on streets and roads in the unincorporated areas of Monterey County.  Upon the request of Supervisor Calcagno, the Board referred the matter of establishing no parking of trucks on any County road in the North County area, especially on Castroville Boulevard, and the construction of facilities in North County for truck parking, to the Public Works Department for appropriate action.

 

Supervisor Lindley requested that Public Works look at the whole County, and not just North County, to locate areas where truck parking could occur safely and ease the truck parking problems.  He is interested in short-term, as well as long-term solutions to this problem.

 

b.   Supervisor Calcagno commented on the County budget, and the very real possibility of this Board directing the County Administrative Officer to return to the drawing board and recommend additional budget cuts.

 

c.   Supervisor Johnsen reported that she and Supervisor Lindley participated in the ground-breaking ceremonies for the Consolidated Emergency Communications Center, and publicly thanked the County Administrative Officer for her work with 33 different agencies to facilitate bringing this project to the construction phase.

 

d.   In her capacity of representing this Board on the CSAC Board of Directors and the CSAC Executive Board, Supervisor Johnsen presented an oral report on potential reform issues, including state-wide ballot proposals and the postponement of paying off the state-wide debt for a 5-year period of time.  She stated that she has requested Assistant CAO Veronica Ferguson to evaluate what Santa Clara County is proposing, and to report back to the full Board.

 

e.   Supervisor Lindley reported that he and Supervisor Calcagno met on Monday, April 21^st, with a number of agricultural representatives, to discuss the issues of farm worker housing and low-income housing.

 

f.   Supervisor Armenta commented that he recently had the privilege of meeting with Presiding Judge Terry Duncan, Judge Adrienne Grover and Superior Court Administrator Sherrie Pederson concerning the remodeling of the North Wing of the Courthouse.

 

0600.025  8.   County Administrative Officer's comments and reports:  Sally R. Reed, County Administrative Officer, thanked Board members for attending the ground-breaking ceremony for the Consolidated Emergency Communications Center, and stated it is one of the most rewarding and important aspects of County government. 

 

She stated that she has distributed to the Board an outline of a number of issues that were raised at the NMC Action Committee meeting by Mike Miller, Auditor-Controller. 

 

She indicated that Principal Administrative Analyst Mary Claypool has been assigned to work on the truck parking issue, from the point of view of trying to find alternative parking spaces.

 

2050.000  9.   Resolution No. 03-129:  Adopted Resolution honoring James Bogan, State Commander of the Disabled American Veterans. (Johnsen)

BOARD ACTION:  Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.

 

2050.000  NA/1 Resolution No. 03-132:  Adopted Resolution commending Dale E. Smith, Deputy Sheriff, upon his retirement from public service with the Monterey County Sheriff’s Office.  (Armenta)

BOARD ACTION:  Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.

 

SCHEDULED MATTERS

10:00 a.m.

 

0600.850  S-6  Response to custodians' letter dated April 8,2003; Recommend direct the County Administrative Officer to present alternatives for the Board to consider at the time of the presentation of the General Services Department budget during budget hearings June 9 through 11, 2003.

BOARD ACTION:  Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board received the response to the custodians’ letter to the Board dated April 8, 2003; directed that a meeting be held with the Director of General Services, representatives of this Board, and the custodians to hold a dialog and answer questions; and provided direction to the County Administrative Officer to present alternatives for the Board to consider at the time of the presentation of the General Services Department budget during budget hearings June 9 through 11, 2003.

 

2800.000  S-7  Held public hearing to adopt an Ordinance amending Monterey County Code Title 12, Section 12.28.010 to establish “No Parking at Any Time” on portions of Dolan Road and State Highway One, Moss Landing area.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 04179.

 

2800.000  S-8  Held public hearing to adopt an Ordinance amending Monterey County Code Title 12, Section 12.28.070 to establish a 24-minute-limit parking restriction on a portion of Jonathan Street, Pajaro area.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 04180.

 

2800.000  S-9  Held public hearing to adopt an Ordinance amending Monterey County Code Title 12, Section 12.28.010 to change the limits of an existing parking restriction on a portion of Old Stage Road, North Monterey County area.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 04181.

 

2800.000  S-10 Held public hearing to adopt an Ordinance amending Monterey County Code Title 12, Sections 12.28.010 and 12.28.021 modifying parking restrictions on portions of San Juan Road, Pajaro area.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 04182.

 

2800.000  S-11 Held public hearing to adopt an Ordinance amending Monterey County Code Title 12, Section 12.12.010 to establish a 45 mph speed limit on a portion of San Miguel Canyon Road and Tarpey Road, North Monterey County area.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 04183.

 

2800.000  S-12 Held public hearing to adopt an Ordinance amending Monterey County Code Title 12, Section 12.28.021 to establish no parking between 10 p.m. and 6 a.m. on Tembladera Street, Castroville area.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 04184.

 

2800.000  S-13 Held public Hearing to adopt the Negative Declaration and Ordinance No. 04185 amending Chapter 18.40 of the County Code (Inclusionary Housing), adopt an Administrative Manual, and direct staff to proceed with preparing an Affordable Housing Developer Incentive Program.

BOARD ACTION:  Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board adopted the Negative Declaration, Ordinance No. 04185, and an Administrative Manual; and directed staff to proceed with preparing an Affordable Housing Developer Incentive Program.

 

10:30 a.m.

 

3150.000  S-14 Continued public hearing on an application for a Combined Development Permit (PLN000357/Gamboa) including: 1) a Use Permit to allow a quasi-public use in the low density residential zone including site plan and design review to allow development of a 64-suite, 78-bed, assisted care living facility consisting of a 3-building complex totaling 43,400 square feet, 35 space parking lot including 4 handicap-accessible spaces, grading totaling 3,000 cubic yards of cut and 3,000 cubic yards of fill, improvements to Val Verde Drive (private right of way) from Rio Road to Carmel Valley Road, and two on-site water detention ponds; a Use Permit to allow development on slopes exceeding 30%; and 3) Request to allocate 4.8 acre feet of water to the subject project. This is a 4.5 acre, vacant parcel located at the southwest corner of Carmel Valley Road (private road), east of Carmel Rancho Boulevard in the Carmel Valley Master Plan Area (Assessor's Parcel Number: 015-021-036-000). 

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried, the Board approved the request from the applicant for a continuance of this public hearing, open, to Tuesday, May 13, 2003, at 11:00 a.m.

 

5900.000  S-15 Update on antiquated Subdivision Permit processing in South County (Almond Growers Subdivision)

BOARD ACTION:  The Board received the staff report from Alana Knaster, Chief Assistant Director of Planning and Building Inspection.

 

S-16 Budget Status Workshop:

 

0150.143      a.   Receive report and hold study session on department reduction plans to address the estimated County General Fund budget gap of approximately $20 million in Fiscal Year 2003-04.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Potter, and unanimously carried, the Board the Board received the report.

 

0150.143      b.   Provide direction to County Administrative Office.

BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Potter, and unanimously carried, the Board provided direction to staff.

 

0150.143      c.   Consider implementation of a freeze on the purchase of fixed assets and travel and training expenditures.

BOARD ACTION:  Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board approved the staff’s recommendation, to not implement a freeze on the purchase of fixed assets and travel and training expenditures; and to continue to rely on the discretion of Department heads to prudently monitor fixed assets, travel and training expenditures and authorize only those that are most critical and necessary for County business.

 

0150.143      d.   Consider timeline and process of issuance of lay-off notice to employees.

BOARD ACTION:  Because the Board determined that the policy decision of the issuance of lay-off notices to County employees will be made during budget hearings, the County Administrative Officer removed this item from the Agenda; no action is taken at this time.

 

11:00 a.m.

 

S-17 Closed Session relating to the following:

 

0950.000      Pursuant to Government Code Section 54957, the Board will provide a performance evaluation for the following position:

 

Public Employment - Natividad Medical Center - CEO

 

BOARD ACTION:  No reportable action taken.

 

3600.000  S-18 Held continued Public Hearing (Investmark, Inc. (PLN980621), to consider an appeal from Helaine Clark, from the decision of the Planning Commission approving an extension of a Use Permit for removing 165 coast live oaks and 74 Monterey pine trees on nine lots of record. The project is located southerly of Congress Road between Congress Road and David Avenue in the Monterey Peninsula Country Club (Assessor's Parcel Numbers 007-103-004 through 007-103-012), Greater Monterey Peninsula area, Del Monte Forest.

BOARD ACTION:  Upon motion of Supervisor Lindley, seconded by Supervisor Johnsen, and carried with Supervisor Potter voting “No,” the Board approved the following actions:

 

a.   Denied the appeal of Helaine Clark, based on staff responses to the appellant’s comments;

b.   Adopted the Mitigated Negative Declaration, based on responses to comments received to the circulation of the Initial Study; and

c.   Adopted Resolution No. 03-136, affirming the Planning Commission’s unanimous approval of the permit extension (Planning Commission Resolution No. 02049), but with the addition of conditions and mitigations that indemnify the project and amend the Mitigation Monitoring Program based on the updated Initial Study.

 

12:00 p.m.

 

          Recessed to Budget Committee Meeting (Full Board)

 

1:30 p.m.

 

S-19 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. Eddings v. Aromas Water District, et al.

2. Christensen v. County of Monterey

 

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.  Claim of Maximo Sandoval

 

BOARD ACTION:  The Board denied the Application for Leave to File a Late Claim of Maximo Sandoval.

 

0950.000      c.   Conference with labor negotiators (all represented Units) pursuant to Government Code section 54957.6; designated County representative: Keith Honda.

 

BOARD ACTION:  No reportable action taken.

 

              d.   Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding significant exposure to litigation in regard to one matter.

 

BOARD ACTION:  REMOVED FROM THE AGENDA; NO ACTION TAKEN.

 

2:30 p.m.

 

6300.000  S-20 Received report and discussion on Board's policy for written correspondence with possible direction; report and discussion regarding follow-up reporting of Board of Supervisors' Comments and Referrals with possible direction.

BOARD ACTION:  After discussion, the Board reaffirmed continuation of the current policy, to direct the Clerk to the Board to copy and distribute correspondence to all Board members, the County Administrative Office and County Counsel.  Board members wishing to refer correspondence may do so under the Board comments and referrals for a formal referral, or through the Clerk to the Board’s office.  Ms. Lyons is directed to distribute the matrix of Board comments and referrals to Board members, indicating the comment or referral and its status, on a monthly basis.

 

0601.525  S-21 Received summary of comments from Bielensen hearings. (Closed) (Continued from 4/1/03)

BOARD ACTION:  Upon motion of Supervisor Potter, seconded by Supervisor Lindley, and unanimously carried.

 

ORDER FOR ADJOURNMENT TO APRIL 29, 2003 AT 9:30 A.M.

 

APPROVED:

 

 

                                  _________________________________

                                                            Chair

 

ATTEST:

SALLY R. REED,

Clerk of the Board

 

 

By:________________________________

                            Deputy

 

 

(Supplementary Sheet)

 

CONSENT CALENDAR

 

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:

 

0601.100  10.  Proclaimed state of local emergency relating to the spread of HIV among injection drug users in Monterey County.

 

0601.100  11.  Approved and authorized the Director of Health to sign and submit grant applications and grant agreements for continued funding from state and federal agencies for designated programs.

 

0125.000  12.  Agreement Nos. A-09365 through A-09379:  Approved and authorized Chair to sign Agreements totaling $377,860 with community agencies for the provision of services to low-income people in Calendar Year 2003; increased appropriations and estimated revenues of $71,058; and authorized the Director of the Department of Social Services to sign future amendments up to 5% of each contract total.

 

 

CRIMINAL JUSTICE:

 

01252.000 13.  Agreement No. A-09316:  Approved and authorized the Chief Probation Officer to sign Amendment No. 1 to the Agreement with Santa Clara County for emergency placement of Monterey County Juvenile Hall wards at the Santa Clara Juvenile Hall from April 15 through May 15, 2003.

 

GENERAL GOVERNMENT:

 

6300.000  14.  Approved Action Minutes of the meetings of Tuesday, April 1, 2003 and Tuesday, April 8, 2003, copies having been distributed to each Board member.

 

0125.000  15.  Agreement No. A-09383:  Approved Agreement with MARSH, Inc. to conduct Phase II of an Environmental Risk Assessment and Authorize staff to sign.

 

6500.000  16.  Resolution No. 03-125:  Adopted Resolution authorizing and approving the borrowing of funds for Fiscal Year 2003-04; the issuance and sale of a Tax and Revenue Anticipation Note therefore and participation in the California Communities Cash Flow Financing Program.

 

0125.000  17.  Agreement No. A-09076:  Approved the amendment to the Agreement with Hellmuth, Obata + Kassabaum, Inc. (HOK) to reflect the actual cost of design consultants.

 

0602.750  18.  Accepted Treasurer's Report of Investments for the Quarter ending March 31, 2003.

 

0525.000  19.  Approved amendment to the Agreement with William A. Thayer Construction to release 50% of the construction retention, for the project "Primary Electrical Service and Court Holding Facility," and approved change order number three in the amount of $23,739, for a new contract amount of $2,200,514, including change order contingencies.

 

0125.000  20.  Agreement Nos. A-09380 through A-09382:  Authorized the Purchasing Manager to execute Professional Service Agreements with Daniel T. Hogan, Gerald W. Williams and Tony Mitre for project management and related administrative services, each in the amount of $125,000.

 

0125.000  21.  Agreement No. A-09384:  Approved an Agreement between the County of Monterey and Boronda Elementary School to utilize $5,922 in lieu recreation fees for recreation purposes serving the Community of Boronda; authorized the Board Chair to sign the Agreement.

 

0125.000  22.  Agreement No. A-09385:  Approved amendment to the lease between the County of Monterey and City of Salinas to allow a trail easement along the Twin Creeks Golf Course property.

 

          23.  REMOVED FROM THE AGENDA; NO ACTION TAKEN to award contract to access Monterey Peninsula (AMP) for the provision of broadcast services for the Monterey County Government Channel; authorize the Purchasing Manager to negotiate, sign, and approve amendments to the contract; and direct the Auditor-Controller to transfer existing monies to fund the contract.

 

1150.000  24.  Approved the distribution of $17,350 in County Fish and Game propagation funds for grant projects for Fiscal Year 2002-2003.

 

0525.000  25.  Approved the plans and specifications for roadway widening and repair at Manzanita County Park, Bid No. 9714; and authorized solicitation of bids.

 

PLANNING AND BUILDING INSPECTION:

 

0130.000  26.  Resolution No. 03-135:  Adopted a Resolution to approve a lot line adjustment between two separate parcels (Bengard/Franscioni; PLN990201) and; authorized the Chair of the Board to execute a new or amended Land Conservation Contract in order to rescind a portion of Land Conservation Contract No. 83-005 (Williamson Act) as it applies to the reconfigured parcels, and simultaneously execute a new Land Conservation Contract No. 83-005a., that retains the original aggregate acreage and boundaries under contract, but reflects new ownership interests of the reconfigured properties.

 

2800.000  27.  Introduced, waived reading and set a public hearing for May 13, 2003, at 10:00 a.m. to adopt an Ordinance to amend various Chapters of Title 18, Monterey County Code (Buildings and Construction) to adopt and make certain local amendments to the 2001 California Building Standards Code (CBSC) and adopt other Uniform Codes.

 

PUBLIC WORKS:

 

0525.000  28.  Accepted the Certificate of Completion and authorized execution and recordation of the Notice of Completion for the Raised Pavement Markers Project, Various Roads – 2003.

 

0525.000  29.  Approved an increase in the amount of $16,427 in contingency funding for construction of the Fontes Lane Storm Drain and Street Improvement project.

 

7000.000  30.  Resolution No. 03-137:  Approved the purchase of a  Public Utility Easement from Paul L. and Peter G. Burtness in the amount of $9,326 for the Carmel Valley Road Rule 20A Underground Utility District, and rescinded the resolution of necessity to acquire the easement through eminent domain.

 

0525.000  31.  Approved Plans and Special Provisions and advertisement for bids to construct the Boronda Community Gateway Sign Project.

 

4600.000  32.  Approved six grant applications in the total amount of $2,327,000 to be submitted to the Transportation Agency for Monterey County for Regional Surface Transportation Program Funds to fund traffic safety improvement projects.

 

SPECIAL DISTRICTS

 

Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and unanimously carried, the Board approved the following actions, except as otherwise noted:

 

0650.069  33.  Approved increase in estimated revenues and

0650.075      appropriations for County Service Area 69 (Ralph Lane) and County Service Area 75-911 (Chualar Water) for the period of July 1, 2002 through June 30, 2003 pursuant to the approval by the Public Utilities Commission on February 27, 2003 of the sale of water systems to the California-American Water Company.

 

0800.125  34.  Set for public hearing on May 27, 2003, at 10:00 a.m., to consider protests and objections on existing sewer service charges for the Boronda County Sanitation District that will be maintained at their present levels.

 

0803.375  35.  Set for public hearing on May 27, 2003, at 10:00 a.m. to consider protests and objections on existing sewer service charges for the Moss Landing County Sanitation District that will be maintained at their present levels.

 

0650.000  36.  Received Written Reports for County Service Areas and set for public hearing on May 27, 2003, at 10:00 a.m., to consider protests and objections on Written Report of Service Charges to be levied on County Service Areas for Fiscal Year 2003-04; maintaining service charge levels for specified service charges that are collected on the tax rolls for all service areas except for the Moro Cojo Zone in County Service Area No. 14, the Oak Tree Views Zone in County Service Areas No. 66, where increases are proposed, and except CSAs 10, CSA 17, CSA 25, CSA 34, CSA 55, CSA 57, CSA 67, CSA 69 and CSA 100 where no service charges are collected on the tax rolls.

 

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