MONTEREY COUNTY BOARD OF SUPERVISORS AND MONTEREY COUNTY REDEVELOPMENT AGENCY TUESDAY, JANUARY 27, 2004

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1 A C T I O N M I N U T E S MONTEREY COUNTY BOARD OF SUPERVISORS AND MONTEREY COUNTY REDEVELOPMENT AGENCY TUESDAY, JANUARY 27, :30 a.m. S-1 Pledge of Allegiance. Sheriff Mike Kanalakis led the Pledge of Allegiance S-2 Additions and corrections to the Agenda. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, 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: Under Other Board Matters: 1. Adopt Resolution honoring outgoing Mexican General Consul, Marco Alcazar, representing the Counties of Monterey, San Benito, Santa Cruz and Santa Clara. (Armenta) Under Scheduled Item S-6, Closed Session: 2. Add confer with labor negotiators, all Units, pursuant to Government Code section ; Keith Honda, designated representative. Under Consent Calendar: 3. Remove and take no action Consent No. 22.

2 Action Minutes, Page 2 Tuesday, January 27, 2004 Adjournment: 4. Adjourn today s meeting in memory of Ruth Vreeland, Monterey City Councilwoman. S-3 CONSENT CALENDAR - REGULAR (See Supplemental Sheet) S-4 CONSENT CALENDAR - REDEVELOPMENT AGENCY (See Supplemental Sheet) S-5 PUBLIC COMMENT (Limited to 3 minutes per speaker.) a. Beverly Meamber, Salinas Valley Chamber of Commerce, addressed the Board regarding a follow-up to Measure Q. She had believed that it was to be brought back for discussion at this meeting as a new ¼ cent sales tax initiative. She stated that the Chamber of Commerce is moving ahead, has been holding meetings with stakeholders, and will be watching for the results of the CAO s 60-day study of scenarios for Natividad Medical Center. b. Terry Soria informed the Board that she is the person who has the distinction of being owed the most back money in child support in Monterey County, adding up to $135,000. She said that when she contacted Family Support Services to give them what she thought was a news address for her ex-husband, that they already had that address and have had it since 1998, but have not acted upon it. She stated that for the past 11 years she has not had any assistance from the District Attorney s office. She asked the Board for any assistance or suggestions they could give to help resolve the matter. c. Evello Fernando, a correctional cook at the County jail, spoke to the Board regarding the Aramark contract agreement. He informed the Board that when Aramark was contracted, the current cooks were assured that their jobs would remain. They were also told that the food quality would be upgraded. Mr. Fernando said that to the contrary, there have been many complaints about the quality of the food. He said that Aramark had used the jail kitchen for apprentice training. He asked for proof of qualification standard for Aramark, was has not received it. He also indicated that last minute changes to menus would cause problems due to items not in stock. He asked the Board to please settle the issue by stopping the contracting out of correctional cooks. d. Sweed Derasin, correctional cook at the County jail, told the Board that she has observed that Aramark does not have the knowledge required to prepare food properly and are not on site during the cooks shift of duty, leaving the cooks to try and solve problems as they arise. She also informed the Board that when orders are placed, it is not adequately done and the kitchen always runs short of needed items. She asked that the Board keep the cooks and let the contract with Aramark run out.

3 Action Minutes, Page 3 Tuesday, January 27, 2004 APPOINTMENTS: BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board approved the following appointments: Reappointed Mayme Kulper, to the Older Americans Advisory Council, for a term to end on January 1, (Lindley) Reappointed John Pack, to the Fish and Game Commission, for a term to end on February 1, (Lindley) Appointed Sylvia Quarles, to the seat formerly held by Marguerite Fern, on the Equal Opportunity Advisory Commission, for a term to end on December 31, (Full Board) Appointed Ray McLaughlin, to the seat formerly held by Roque Ugale, on the Equal Opportunity Advisory Commission, for a term to end on December 31, (Full Board) Appointed Virgil Schwab, to the seat formerly held by Charlene Wiseman, representing the Department Heads Council, on the Equal Opportunity Advisory Commission, for a term to end on December 31, (Full Board) Reappointed Miguel Errea, to the County Planning Commission, for a term to end on January 23, (Lindley) Appointed Keith Vandevere, to the seat formerly held by John Brennan, on the County Planning Commission, for a term to end on January 23, (Potter) Reappointed George Ingham and James Thorp, to the Greenfield Public Recreation District, for a term to end on December 31, (Lindley) OTHER BOARD MATTERS: Board comments and referrals. a. Supervisor Calcagno requested that due to the fact that four Monterey County Supervisors have district boundaries that fall within the City of Salinas and given the high level of violent crime on the streets of Salinas, it is imperative that the County become involved in solutions. He stated the need for the County to recognize that law abiding citizens and their children do not feel safe in their own home town.

4 Action Minutes, Page 4 Tuesday, January 27, 2004 Supervisor Calcagno directed Sheriff Mike Kanalakis, as the highest ranking elected law enforcement officer in Monterey County, Salinas Police Chief Dan Ortega, Salinas City Manager, Dave Mora, and Sally Reed, County Administrative Officer (CAO), to develop a plan to request aid from the State of California. Supervisor Calcagno also directed Sheriff Kanalakis to plan a community forum and bring to this forum State Senators Jeff Denham and Bruce McPherson, Assemblyman Simon Salinas, and Congressman Sam Farr, to discuss the issues with the community. He further directed Sheriff Kanalakis to report back to the Board of Supervisors as soon as possible with information on the scheduled event, and further information about how to protect the safety and welfare of all the citizens of Monterey County. b. Supervisor Johnsen spoke in support of Supervisor Calcagno s direction, and went further to request that Supervisor Armenta be part of the ad-hoc committee, as the area where much of the issue of violence is occurring falls within his district. Supervisor Johnsen made a referral through the Chair to the Legislative Subcommittee on the issue of a potential support position on Propositions 57 and 58, which are the $15,000,000,000 bond issue and the Proposition that s linked to that same bond issue. She stated that she felt it would be very important for the Subcommittee to determine whether the Board wants to be active in that regard and take a position of support. She also indicated that she would welcome any kind of input in terms of that particular issue that might affect the outcome of the Legislative Subcommittee in terms of the two Propositions. c. Supervisor Armenta expressed his acceptance, through the Chair s approval, an appointment to the ad-hoc committee to study violence in Salinas. He stated that he felt it was good leadership on behalf of Chairperson Calcagno, members of the Board and all the law enforcement agencies. He said that the Board may want to include, or at least review the possibility of including, all the public safety suppression units between the City of Salinas and the County of Monterey. On the County side he said that perhaps they should consider including, with advice from Chief Dan Tanner, the Probation Department as they perform regular sweeps within all city limits, particularly in the area of Salinas. He stated that they may also want to include with approval of Dean Flippo, the District Attorney s Office. Supervisor Armenta said that he was grateful for the chance to once again be closely involved with the issues facing the community.

5 Action Minutes, Page 5 Tuesday, January 27, 2004 d. Supervisor Lindley expressed support of the involvement of the Board in the issue of crime and stated that he looks forward to cooperation between the various agencies of the County and the City of Salinas. Supervisor Lindley made a referral to CAO s Office regarding the concerns of Terry Soria, who spoke on the public comment regarding being owed $135,000 in back child support. He asked that someone contact her and see if there s anything that can be done. Sally Reed, CAO, informed Supervisor Lindley that Susan Lyons had spoken to Ms. Soria outside of the Chambers and had secured her contact information. Supervisor Lindley said that he had received calls regarding concerns about Pacific Health Alliance and MedCalf. He requested, through the CAO s office, a brief report on what went on several years ago. He said that the most recent one was from 1999 where a former County employee had some significant concerns about what s been going on and was being asked now to come up with large amounts of payments that the former employee thought had been forgiven through bankruptcy. e. Supervisor Potter stated that he concurred with the appropriateness of the Chair in requesting that the Board become involved in the issue of crime. Supervisor Potter commented regarding the passing of Ruth Vreeland, City of Monterey Councilwoman who had been killed in an automobile accident during the preceding weekend and in whose memory the day s meeting was adjourning. Supervisor Johnsen added her own thoughts and recollections, as well. Both Supervisors expressed their thoughts on her dedication to and passion for public service. They also spoke of her kindness and inclusiveness of those around her. Supervisor Calcagno called for a moment of silence to be observed in Ms. Vreeland s honor County Administrative Officer's comments and reports. a. Sally Reed, CAO, informed the Board that she had for each of them a copy of an article that had recently appeared in the Harvard Business Review, that speaks to the change that is happening in large organizations as we look at what the economy of the last several years has done, whether it s Silcon Valley, major manufacturing companies all across the country, local businesses, or counties that are large employers, and how it s changing the relationship of employees to their employer and creating a sense of uncertainty, but also a sense of opportunity.

6 Action Minutes, Page 6 Tuesday, January 27, 2004 b. Ms. Reed also told the Board that as they are often talking about issues regarding the budget, that it has become necessary to have information readily available. Her office printed up a small wallet size card to describe issues relating to the budget in order to assist the Board in answering questions Resolution No : Adopted Resolution commending Myrna L. Rivera for her dedicated service in the Department of Public Works as a Maintenance Yard Clerk. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Armenta, and unanimously carried. A/C1 Resolution No : Adopted Resolution honoring outgoing Mexican General Consul, Marco Alcazar, representing the Counties of Monterey, San Benito, Santa Cruz and Santa Clara. (Armenta) BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Armenta, and unanimously carried Recognized the request of Santa Barbara County Supervisor Joanie Gray to make a presentation to Monterey County Supervisor David Potter in recognition of his assistance of the revitalization of local rail service. BOARD ACTION: The presentation occurred. 10:00 a.m. SCHEDULED MATTERS: S-6 Closed Session relating to the following items: a. Pursuant to Government Code section (a), the Board will confer with legal counsel regarding the following existing litigation: H-Y-H BOARD ACTION: Direction was given to staff. b. Pursuant to Government Code section (b), the Board will confer with legal counsel regarding the following items of significant exposure to litigation: 1. One item of significant exposure to litigation BOARD ACTION: Direction was given to staff. 2. Investigation of complaint of Deputy Sheriff Joseph Campbell BOARD ACTION: Direction was given to staff.

7 Action Minutes, Page 7 Tuesday, January 27, :30 a.m. A/C2 Add confer with labor negotiators, all Units, pursuant to Government Code section ; Keith Honda, designated representative. BOARD ACTION: Direction was given to staff. REMOVED PER SUPPLEMENTAL AGENDA c. Pursuant to Government Code section 54957, the Board will provide a performance evaluation for the following public employment position: County Counsel & S-7 Financial report from Treasurer/Tax Collector and Auditor-Controller. BOARD ACTION: Receive report. 11:00 a.m & S-8 a. Ordinance No : Accept and issue report of Planning and Building Inspection Department regarding measures taken to alleviate the conditions which led to the adoption of Interim Ordinance No temporarily prohibiting short-term rentals and imposing a temporary freeze on the processing of new and pending applications for administrative permits for such use in the Del Monte Forest area of the County. BOARD ACTION: Receive report & b. Denied extension of Interim Ordinance No temporarily prohibiting short-term rentals and imposing a temporary freeze on the processing of new and pending applications for administrative permits for such use in the Del Monte Forest area of the County pending study, consideration, and possible enactment of appropriate regulations. (4/5ths Vote) BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and carried, with Supervisor Potter voting against, the Board moved to deny extension of Interim Ordinance No S-9 Continued to Tuesday, March 30, 2004, at 1:30 p.m., a public hearing and adopt the Mitigated Negative Declaration for the Spreckels

8 Action Minutes, Page 8 Tuesday, January 27, :30 a.m. Boulevard/Hilltown Road Bicycle Path and Bridge Project. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board moved to continue the item S-10 Agreement No. A-09661: Approved and authorized the Purchasing Manager for Monterey County to sign an agreement with Alray's Home Improvements for fire alarm testing and inspection at Natividad Medical Center. The term of the agreement is November 1, 2003 through October 31, 2004 in the amount of $33,750. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Armenta, and unanimously carried. 12:00 p.m. Recess to Budget Committee 1:30 p.m S-11 Held Public Hearing on Traffic Volumes on Carmel Valley Road in Segments 3 and 7 pursuant to Policy of the Carmel Valley Master Plan. BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board held the public hearing. 2:00 p.m S-12 Approved the 2004 Annual Housing Report and Funding Recommendations. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Armenta, and unanimously carried S-13 Resolution No : Adopted resolution providing for issuance and sale of County of Monterey Judgment obligation bonds in an aggregate principal amount not to exceed $8,500,000 and authorizing an indenture, a validation action and other matters relating thereto. (Arreola, et. al v. County of Monterey, et. al) BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Armenta, and unanimously carried. 3:00 p.m S-14 Held Public Hearing and denied an appeal from Ventana Chapter of the Sierra Club, from the decision of the Planning Commission (Resolution No ) approving a Combined Development Permit for Gallo (United

9 Action Minutes, Page 9 Tuesday, January 27, 2004 States Intermodal Services/ Olson Ranch; PLN010188) to allow construction of a 350 acre-foot irrigation reservoir, grading of approximately 913,125 cubic yards, removal of 321 oak trees and vineyard cultivation on slopes in excess of 15%. The project is located at Paraiso Springs Road, Salinas (Assessor's Parcel Numbers , , , , , , , , and ) Soledad Area, westerly of Springs Road, Central Salinas Valley Area. Continued from Tuesday, January 13, BOARD ACTION: Upon motion of Supervisor Lindley, seconded by Supervisor Johnsen, and carried, with Supervisors Armenta and Potter voting against, the Board held the public hearing and denied the appeal. ORDER FOR ADJOURNMENT IN MEMORY OF RUTH VREELAND, MONTEREY CITY COUNCILWOMAN APPROVED: ATTEST: SALLY R. REED, Clerk of the Board Chair By: Deputy

10 Action Minutes, Page 10 Tuesday, January 27, 2004 (Supplementary Sheet) CONSENT CALENDAR Upon motion of Supervisor Lindley, seconded by Supervisor Johnsen, and unanimously carried, the Board approved the following actions: HEALTH AND SOCIAL SERVICES: & a. Resolution No : Amended Monterey County Personnel Policies and Practices Resolution No to add and retitle classifications; b. Amended Budget Unit 411 to Reallocate 2.0 FTE; and c. Amended Budget Unit 413 to reflect retitle of classification & a. Resolution No : Approved and authorized the Director of Health to reallocate 1.0 FTE Social Worker III position to 1.0 FTE Psychiatric Social Worker II position; and b. Directed the Auditor-Controller to amend the FY Health Department Budget Unit 415 to reflect the change in position count Proclaimed State of Local Emergency Relating to the Spread of HIV Among Injection Drug Users in Monterey County a. Concurred with the Monterey County Workforce Investment Board (MCWIB) to accept $247,219 for the Layoff Aversion Project from the State of California Governor's 25% Discretionary Funds for Rapid Response allowable activities for FY ; b. Authorized Auditor-Controller to increase Estimated Revenue and Appropriations totaling $247,219 for FY as indicated in the attached Board Order; and c. Authorized the WIB Executive Director to execute and modify the respective agreements as needed. (4/5ths Vote) a. Concurred with the MCWIB to accept $27,071 for the Business Resource Directory Revision Project from the State of California Governor's 25% Discretionary Funds for Rapid Response allowable activities for FY ; b. Authorized Auditor-Controller to increase Estimated Revenue and Appropriations totaling $27,071 for FY as indicated in the attached Board Order; and c. Authorized the WIB Executive Director to execute and modify the respective agreements as needed. (4/5ths vote)

11 Action Minutes, Page 11 Tuesday, January 27, a. Agreement No. A : Concurred with the MCWIB to accept $32,918 for the Business Resource Center Project from the State of California Governor's 25% Discretionary Funds for Rapid Response allowable activities for FY ; b. Authorized Auditor-Controller to increase Estimated Revenue and Appropriations totaling $32,918 for FY as indicated in the attached Board Order; and c. Authorized the WIB Executive Director to execute and modify the respective agreements as needed. (4/5ths vote) a. Concurred with MCWIB to accept $47,090 for the Agriculture Cluster Development Project from the State of California Governor's 25% Discretionary Funds for Rapid Response allowable activities for FY ; b. Authorized Auditor-Controller to increase Estimated Revenue and Appropriations totaling $47,090 for FY as indicated in the attached Board Order; and c. Authorized the WIB Executive Director to execute and modify the respective agreements as needed. (4/5ths vote) a. Concurred with the MCWIB to accept $62,183 from the State of California Governor's 25% Discretionary Funds for Rapid Response activities for FY ; b. Authorized Auditor-Controller to increase Estimated Revenue and Appropriations totaling $62,183 for FY as indicated in the attached Board Order; and c. Authorized the WIB Executive Director to execute and modify the respective agreements as needed. (4/5ths vote) GENERAL GOVERNMENT: a. Resolution No : Adopted Resolution authorizing the Treasurer- Tax Collector's Revenue Division to participate in the Franchise Tax Board court-ordered debt collection program; and b. Directed the Chair of the Board to sign the Memorandum of Understanding. REMOVED, NO ACTION TAKEN 22. a. Authorize the Treasurer-Tax Collector's Revenue Division to enter into a purchase contract for an Interactive Voice response System (IVR) with Columbia Ultimate, Transfer $31,500 from Service & Supply account 6403, to Fixed Asset account 6890; b. Authorize the Auditor-Controller to effect said transfer; and c. Authorize the Chair of the Board to sign the agreement.

12 Action Minutes, Page 12 Tuesday, January 27, Accepted Treasurer's Report of Investments for the quarter ending December 31, Agreement No. A-09580: Approved and authorized the Purchasing Manager to sign an amendment to the agreement with Discovery Charters and to renegotiate the terms of the agreement as needed, in the total amount not to exceed $47,619, to provide shuttle service for County employees from an offsite parking lot to the Salinas Courthouse through June 30, ; 25.a. Abandoned identified lanes and roadways in the unincorporated areas of Hatton Fields and Carmel Woods located near the City of Carmel; Determined the identified lanes and roadways are surplus real property and no longer necessary for County or other purposes; b. Authorized the Purchasing Manager to sign a Quitclaim Deed; and c. Adopted a Notice of Intention pursuant to Government Code Section for the sale of surplus real property Resolution No : Adopted Resolution approving destruction of records in the Clerk to the Board's office. (4/5ths Vote) Agreement No. A-08077: Approved a two-month extension of the term of the Cable TV Franchise of Charter Communications pending review of the proposed Franchise Renewal Agreement by County Counsel a. Agreement No. A-09656: Approved the conduct of specified work and the expenditure of funds in an amount not to exceed $850,000 for the provisioning of a Monterey County I-NET Phase I Backbone under the existing Institutional Network Agreement with Comcast of California. b. Authorized the Director of Information Technology to accept Estimated Cost and Design Notices from Comcast and approve specified work. c. Authorized the Auditor-Controller to make payments for invoices received from Comcast for specified work upon the approval of the Director of Information Technology. d. Appropriated funds for the acquisition of the equipment necessary to activate the I-NET in the amounts of $200,000 during the remainder of FY e. Increased appropriations and revenue in the Telecommunications Budget Unit 151 as indicated in the attached Board Order. (4/5ths Vote) a. Agreement No. A-09659: Approved and executed Memorandum of Understanding with California State Department of Boating and Waterways for Park Ranger training reimbursement for FY ; and b. Authorized the Director of Parks to sign the Memorandum of Understanding on behalf of the County.

13 Action Minutes, Page 13 Tuesday, January 27, a. Agreement No. A-07871: Approved an amendment to the professional services agreement for engineering services with Concept Marine Associates for the construction of a new public boat launch ramp at lake Nacimiento in the amount of $25,000; and b. Amended Park Agency Budget Unit 755 by directing the Auditor- Controller to declare $25,000 as unanticipated revenue, with a correspondending increase in expenditure totaling $25,000 for FY (4/5ths Vote) PLANNING AND BUILDING INSPECTION: Resolution No : Adopted Resolution to approve a lot line adjustment between three separate parcels (Morisoli; PLN030170) and to authorize 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 as it applies to the reconfigured parcels only, and to simultaneously execute a new Land Conservation Contract No a. to reflect reconfigured lot lines as shown on the tentative lot line adjustment map in Planning File No. PLN030170, to reflect new ownership interests and, to incorporate any legislative changes to State Williamson Act provisions and current County Agricultural Preserve Policies or Procedures Accepted Parcel Map (MS Kaminske) for a Minor Subdivision for 2 lots, one commercial and one residential, Tax Report, Notice (Parcel (A-1) Limited Sewage Disposal), Notice (Parcel A-2) Floodplain Land Use Restrictions), Notice (Water Availability Certification), Notice (Construction of Improvements), Notice (Subsurface Investigation; Ground Disturbance), Notice (Archaeological Resources), Permit Approval Notice, Indemnification Agreement, Mitigation Monitoring Agreement, Subdivision Title Guarantee, and Recording Fee for the Kaminske Minor Subdivision, located at 9560 Center Street, at Carmel Valley Road, east of Berwick Drive and north of Robinson Canyon Road, Carmel Valley Area Agreement No. s A & A-07916: Approved and authorized the Chair to sign on behalf of the Board, Amendment No. 1 of the Professional Services Agreement with EMC Planning Group, Inc., which increases the Agreement to an amount not to exceed $135, for preparation of an Environmental Impact Report (EIR) for the Pajaro Valley Golf Course Project (PLN980571); and a Reimbursement Agreement with BJCR, Inc. in an amount not to exceed $148, PUBLIC WORKS: Accepted the Certificate of Completion and authorize execution and recordation of the Notice of Completion for the State Highway 68 Emergency Vehicle Pre-emption Upgrade Project.

14 Action Minutes, Page 14 Tuesday, January 27, 2004 MONTEREY COUNTY REDEVELOPMENT AGENCY: Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and unanimously carried, the Board approved the following actions: Agreement No. A-09657: Approved an Agreement between the Castroville Coalition, Inc. and the Monterey County Redevelopment Agency for the purpose of receiving private funds for the development of the Castroville Child Care and Family Resource Center. SUPPLEMENTAL AGENDA ADDENDA ITEMS: Resolution No : Reviewed the need for and extend the proclamation of Local Emergency for action taken on the Carmel River.