MONTEREY COUNTY BOARD OF SUPERVISORS AND MONTEREY COUNTY REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 4, 2003

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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, NOVEMBER 4, :30 a.m. S-1 Pledge of Allegiance Supervisor Armenta led the Pledge of Allegiance. S-2 Additions and corrections to the Agenda Under Consent Calendar: 1. Remove and take no action Nos. 36 and 38. Under Appointments: 2. Appoint Supervisor Edith Johnsen to the California State Association of Counties (CSAC) Board of Directors, for a term to end November 1, (Full Board) 3. Reappoint Donna Jean Brown and Joe Espinola, to the Pajaro/Sunny Mesa Community Services District, for a term to end November 30, (Calcagno)

2 Action Minutes, Page 2 Tuesday, November 4, 2003 Under Other Board Matters: 4. Supervisor Calcagno requests that a letter be directed to Judge Jeremy Fogel, bankruptcy court judge for the ALCO Water Company matter, reminding him that local users of small water systems in North Monterey County affected by the bankruptcy of ALCO Water Company ask to be allowed to be served by Pajaro Sunny Mesa Community Services District. The final bankruptcy hearing is scheduled for later this week. The request is that this letter be prepared and mailed today. Under Scheduled Item S-11, Closed Session: 5. Remove and take no action scheduled item S-11d. S-3 CONSENT CALENDAR - REGULAR (See Supplemental Sheet) S-4 CONSENT CALENDAR MONTEREY COUNTY REDEVELOPMENT AGENCY S-5 PUBLIC COMMENT (Limited to 3 minutes per speaker.) a. Virgil Schwab, Director of Information Technology, addressed the Board regarding an offensive which was circulated Countywide the previous day. He assured the Board that he was working with County Counsel as to the proper procedure as to the disciplining of the two employees involved. b. Don Dietrich, Operating Engineers (O.E.) Union, stated that he had earlier requested, as a union representative, that the Board restore funds to the Sheriff s department. He said that the union feels that the safety of the County is suffering as a result. He informed the Board that the Union was filing a grievance relating to below minimum staffing against the County. c. Peggy Shirrell, thanked the Board for the letter to Judge Jeremy Fogel regarding the ALCO Water Co. bankruptcy. Ms. Shirrell also spoke about an application filed in August 2000 by Danbom for a project in the Highlands area. She asked that the Board approve this project. d. Steve Carson, Naval Reservist, told the Board that he was unhappy with their decision on the Medically Indigent Adult (MIA) Program. He also spoke about the need for adequate funding of the Sheriff s department. Mr. Carson asked the Board to consider looking into the purchase of a helicopter for the County s law enforcement needs. He congratulated the Board on the Welcome Home to the Troops ceremonies, and asked them to approve S-12 on the day s agenda.

3 Action Minutes, Page 3 Tuesday, November 4, 2003 e. Hans Jongens, commented on an article in the newspaper regarding river cleaning. He asked the Board to see if it is necessary to charge farmers in the County a fee for river cleaning. Mr. Jongens APPOINTMENTS: BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and carried by those members present, with Supervisor Potter absent, the Board approved the following appointments: Reappoint Salvador Macias and Bob Buell, to the San Ardo California Water District for a term to end on November 30, (Lindley) A/C 2. Appoint Supervisor Edith Johnsen to the California State Association of Counties (CSAC) Board of Directors, for a term to end November 1, (Full Board) A/C 3. Reappoint Donna Jean Brown and Joe Espinola, to the Pajaro/Sunny Mesa Community Services District, for a term to end November 30, (Calcagno) OTHER BOARD MATTERS: Board comments and referrals. a. Supervisor Johnsen informed the Board that she had received a communication from Linda Butson, Capital Projects, having to do with the County General Fund contributions to Capital Projects. She thanked the staff and the CAO for the report, as it clearly delineates what monies go where. Supervisor Johnsen said that they had heard from the Sheriff that there is a tremendous need for rehabilitation of items, and yet there have been 29 projects funded from the Capital Projects fund at a cost of almost $1,000,000 over the period of time that the fund has existed. She stated that she felt that everyone had come up to the plate and that ongoing maintenance issues have been addressed. b. Supervisor Calcagno thanked Jim Cook and staff, Maia Carroll, and the lobbyist in Sacramento for their hard work in securing the Castroville library s receipt of $3.2M from the State Library Fund Bond. He recognized that it took a lot of hard work to win out over other applicants throughout the State. c. Supervisor Lindley had two items: (1) As a follow up to Hans Jongens comments, he made a referral to Curtis Weeks, Director of the Water Resources Agency to give a brief report on the river cleaning situation.

4 Action Minutes, Page 4 Tuesday, November 4, 2003 (2) He also asked Steve Carson, as a follow up to his comments, if he has any information to share regarding helicopters for the County. Supervisor Lindley stated that he would be willing to work as a joint effort with other entities such as the military and private providers to discuss the issue and its possibilities. d. Supervisor Armenta made two referrals to the CAO office: (1) Regarding a letter from John Vellardita, SEIU 817, regarding County communications dispatchers. He stated that he had faxed the letter to the CAO and the Board. (2) Regarding a letter dated October 28, 2003, from Salinas Mayor Ana Caballero regarding Proposition 172 (911 fees), which he also had faxed to the CAO and the Board County Administrative Officer's comments and reports. There were no CAO comments or reports at this time. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and carried by those members present, with Supervisor Potter absent, the Board adopted the following Resolutions: Resolution No : Adopt Resolution honoring Gary Goad as Outstanding Veteran of the Year of Monterey County for (Armenta) Resolution No : Adopt Resolution honoring Lawrence Gowin as Outstanding Veteran of the Year of Monterey County for (Armenta) Resolution No : Adopt Resolution honoring Sancho Manzano as Outstanding Veteran of the Year of Monterey County for (Calcagno) Resolution No : Adopt Resolution honoring Chet McAndrews as Outstanding Veteran of the Year of Monterey County for (Calcagno) Resolution No : Adopt Resolution honoring Ronald J. Panziera as Outstanding Veteran of Monterey County for (Lindley) Resolution No : Adopt Resolution honoring Joseph J. Perez as Outstanding Veteran of Monterey County for (Lindley) Resolution No : Adopt Resolution honoring James Lancaster as Outstanding Veteran of Monterey County for (Johnsen) Resolution No : Adopt Resolution honoring Bennie Cooper as Outstanding Veteran of Monterey County for (Johnsen)

5 Action Minutes, Page 5 Tuesday, November 4, Resolution No : Adopt Resolution honoring Bob Feeney as Outstanding Veteran of Monterey County for (Potter) Resolution No : Adopt Resolution honoring Bill O Brien as Outstanding Veteran of Monterey County for (Potter) Resolution No : Adopt Resolution honoring Paul Rodriguez as Outstanding Veteran of Monterey County for (Potter) Resolution No : Adopt Resolution honoring Phyllis Shultz as Outstanding Veteran of Monterey County for (Potter) Resolution No : Adopt Resolution honoring Frederick J. Lombardi for seven years of incorporating over 25 agencies in a "Safety Fair" held in the community of Gonzales. (Lindley) Resolution No : Adopt Resolution honoring John P. Amaro for seven years of incorporating over 25 agencies in a "Safety Fair" held in the community of Gonzales. (Lindley) Resolution No : Adopt Resolution honoring Sandra Cude upon her retirement from the Monterey County Probation Department after 24 years of outstanding service Resolution No : Adopt Resolution honoring Margaret M. Mudd upon her retirement from the Monterey County Probation Department after 9 years of outstanding service Resolution No : Adopt Resolution commending J. Eugene (Gene) Martin, Jr. Upon his retirement as Superintendent of the Soledad Unified School District. (Lindley) Resolution No : Adopt Resolution proclaiming November 5, 2003 as "Law Enforcement Records and Support Personnel Day" for law enforcements agencies in Monterey County Approved the October 20, 2003 report of the Legislative Subcommittee including a final update on Monterey County's Sponsor Measures for the 2003 legislative session. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and carried by those members present, with Supervisor Potter absent A/C 4. Supervisor Calcagno requests that a letter be directed to Judge Jeremy Fogel, bankruptcy court judge for the ALCO Water Company matter,

6 Action Minutes, Page 6 Tuesday, November 4, 2003 reminding him that local users of small water systems in North Monterey County affected by the bankruptcy of ALCO Water Company ask to be allowed to be served by Pajaro Sunny Mesa Community Services District. The final bankruptcy hearing is scheduled for later this week. The request is that this letter be prepared and mailed today. BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and carried by those members present, with Supervisor Potter absent. SCHEDULED MATTERS: 10:00 a.m S-6 Welcomed Home Military Troops returning from Operation Iraqi Freedom and Afghanistan. BOARD ACTION: The Board welcomed home the following military troops returning from Operation Iraqi Freedom and Afghanistan: Specialist Michael R. Palma Army AO-3 Noe Sarmiento Jr. Navy Corporal Felipe Tabera Marines Petty Officer 3rd Class Francisco M. Alcantar Navy Lance Corporal Brian K. Contreras, Jr. Marines Lance Corporal Benjamin Joshua Felshaw Marines Corporal Jason Greeson Marines Specialist Melissa Isabel Jimenez Army SWCN (SCW) Seaman Worker Construction (Seabee Combat Warfare) Erik K. Larson Navy Specialist Jeffery D. Smith Army Sergeant Nicholas F. Ugale Army

7 Action Minutes, Page 7 Tuesday, November 4, S-7 Accept an oral presentation from the Monterey County Health Department regarding the Primary Care Clinics Performance Improvement Plan. 11:00 a.m. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and carried S-8 Agreement No. A a. Accept an oral presentation from the Monterey County Health Department's Behavioral Health Division Director that will provide an overview of the Substance Abuse and Mental Health Services Administration (SAMHSA) Grant Award; and b. Approve and authorize the Director of Health to sign Cooperative Agreement No. SM with SAMHSA for a six-year grant in the amount of $9,240,742 for the Children's System of Care for the period September 30, 2003 through September 29, 2009 to develop systems of care that deliver effective comprehensive community mental health services for children and adolescents with serious emotional disturbance and their families. BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and carried S-9 Resolution No : Public hearing to: a. Adopt a Mitigated Negative Declaration; b. Adopt the Housing Element amending the General Plan; c. Adopt a Monitoring Program; and d. Direct staff to submit the Housing Element to the State for review. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and carried S-10 Receive update and provide direction to staff on establishment of an ad hoc traffic impact fee on undeveloped lots in the Moonglow and Woodland Heights Subdivisions for extension of Pesante Road (Prunedale area). BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Lindley, and carried by those members present, with Supervisor Calcagno absent, the Board received the update and provided direction to staff. 12:00 p.m. Recess to lunch

8 Action Minutes, Page 8 Tuesday, November 4, :30 p.m S-11 Closed Session relating to the following items: 2:30 p.m. a. Pursuant to Government Code section (a), the Board will confer with legal counsel regarding the following existing litigation: 1. Alonzo v. County of Monterey, et al. 2. Smith, et al. v. County of Monterey, et al. 3. Arreola, et al. vs. Monterey County, et al. 4. Curtis v. County of Monterey, et al. BOARD ACTION: The Board approved settlement on all of the above items. The terms of the settlement will be available for public review upon finalization of the documents. b. Pursuant to Government Code section (b), the Board will confer with legal counsel regarding the following item of significant exposure to litigation: 1. Claim of Vigil BOARD ACTION: The claim was denied. 2. Equal Opportunity Office (EOO) Discrimination Complaint BOARD ACTION: The Board approved procedures. c. Pursuant to Government Code section (c), the Board will confer with legal counsel regarding one item of potential initiation of litigation. BOARD ACTION: No litigation was authorized; direction to staff was given on how to proceed. REMOVED, NO ACTION TAKEN d. Adoption of procedure regarding a Public Employee EOO Discrimination Complaint S-12 a. Approved budget adjustments to balance the FY Final Budget due to the State Budget Action; and BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and carried.

9 Action Minutes, Page 9 Tuesday, November 4, 2003 b. Considered preliminary approaches to addressing future budget deficits and provide direction to staff. BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and carried. ORDER FOR ADJOURNMENT TO TUESDAY, NOVEMBER 25, 2003 AT 9:30 A.M. APPROVED: ATTEST: SALLY R. REED, Clerk of the Board Chair By: Deputy

10 Action Minutes, Page 10 Tuesday, November 4, 2003 (Supplemental Sheet) CONSENT CALENDAR Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and carried by those members present, with Supervisor Potter absent, the Board approved the following actions, except as otherwise noted: HEALTH AND SOCIAL SERVICES: & Resolution No : Reallocated 1.0 FTE Multi-Media Specialist position to 1.0 FTE Senior Departmental Information Systems Coordinator position; and direct the Auditor-Controller to amend FY Health Department Budget Unit 411 to reflect the change in position count & Resolution No : Deleted 1.0 FTE vacant Office Assistant II Position from Health Department Budget Unit 411 and added 1.0 FTE Patient Services Representative II Position to Health Department Budget Unit 413; and directed the Auditor-Controller to amend FY Health Department Budget Units 411 and 413 to reflect the change in position counts Resolution No : Proclaimed State of Local Emergency Relating to the spread of HIV among injection drug users in Monterey County. Proclaim State of Local Emergency relating to the spread of HIV among injection drug users in Monterey County. The Consent item below was pulled for discussion by Supervisor Johnsen: Agreement No. A-09594: a. Approved and authorized the Director of Health and the CEO of Natividad Medical Center to sign a Memorandum of Understanding to transfer supervision and management of the Inpatient Psychiatric Unit to the Health Department's Behavioral Health Division; b. Added 1.0 FTE Behavioral Health Program Manager; c. Reallocated 2.0 FTE Contract Physicians, 1.0 FTE Psychiatric Social Worker II and 1.0 FTE Patient Services Representative II from Natividad Budget Unit 960 to Health Department Budget Unit 415; d. Directed the Auditor-Controller to amend FY Health Department Budget Unit 415 and Natividad Medical Center Budget Unit 960 to reflect the change in position count and transfer appropriations between expenditure accounts in Health Budget Unit 415 in the amount of $374,669; and

11 Action Minutes, Page 11 Tuesday, November 4, 2003 e. Reduced Natividad Medical Center Budget Unit 960 by $374,669 as outlined in the Board Order. (4/5ths Vote) GENERAL GOVERNMENT: Resolution No : Designated County Staff authorized to execute documents and applications for the purposes of obtaining financial assistance in accordance with the Federal Emergency Management Agency 2003 appropriations for Community Emergency Response Team (CERT) Programs Approved an increase in estimated revenues and appropriations totaling $14,624 to participate in the Federal Emergency Management Agency's 2003 appropriations for the Community Emergency Response Team (CERT) Program. (4/5ths Vote) Approved Department of Emergency Communications' "Dispatcher Uniform Pilot Study" and directed Auditor-Controller to issue one-time payment of $60 allowance to participating employees for out-of-pocket expenses Authorized the Capital Projects Manager to file a Notice of Completion for the project, "Landscape Improvements for 230 Church Street"; and authorized the Auditor-Controller to make final payment and release the construction retention upon approval of Capital Projects Management a. Authorized the Capital Projects Manager to file Notice of Completion for the project, "Hazardous Material Abatement of the Old County Jail"; and b. Authorized the Auditor-Controller to release fifty percent of the construction retention upon Board approval of filing, and release the remaining fifty percent of the retention in 35 days following the filing of the Notice of Completion upon approval of Capital Projects Management Adopted the plans and specifications for the project "Fire Sprinkler System", for the Monterey County Juvenile Hall; and authorized for bids to be received no later than 2:00 pm, Wednesday, November 19, Agreement No. A-09596: Approved the agreement with Skanska USA Building, Inc., including project estimating and management support from Ausonio, Inc., in the amount of $5,830,614, to provide construction project management services for the County of Monterey Government Center in Salinas.

12 Action Minutes, Page 12 Tuesday, November 4, a. Relieved the bid submitted by the apparent low bidder, Monterey Information Technologies, due to mistake; b. Awarded the contract for the project, "Communications Cabling for the Consolidated Emergency Services Facility", to the second low bidder, Communication Installation Services, Inc. in the amount of $117,000, with a change order contingency of $11,700; c. Authorized the Auditor-Controller to make payments upon approval of Capital Projects Management; and d. Rejected the other three bids Resolution No : Approved an application to the State of California Department of Housing and Community Development HOME Program for $3,500,000 to provide funding for the Salinas Road Reconstruction Project. REMOVED, NO ACTION TAKEN Agreement No. A-0 : Approve and authorize the Chair to sign on behalf of the Board, Amendment No. 3 to the Agreement A with Carl Mileff and Associates, Inc., to increase the contract amount to $511,902.24, to allow for plan check services for the Administration Building Agreement No. A-00584: a. Accepted a joint proposal with Access Monterey Peninsula and Monterey County Office of Education to provide Broadcast Services for the Monterey County Government Channel; b. Authorized the Assistant CAO, Budget and Analysis Division to negotiate and sign a Professional Services Agreement for FY and FY in an amount not to exceed $149,508 and $115,920 respectively; c. Authorized Departments to purchase additional service, if needed, at the rates contained in the joint proposal; and d. Increased appropriations and estimated revenue in the Telecommunications Budget Unit 151 as indicated in the attached Board Order. (4/5ths Vote) PLANNING AND BUILDING INSPECTION: REMOVED, NO ACTION TAKEN Agreement No. A-0 : Approve and authorize the Chair to sign on behalf of the Board, Amendment No. 3 to the Agreement A with Carl Mileff and Associates, Inc., to increase the contract amount to $511,902.24, to allow for plan check services for the Administration Building.

13 Action Minutes, Page 13 Tuesday, November 4, 2003 PUBLIC WORKS: The Consent item below was pulled for discussion by Supervisor Calcagno: Agreement No. A-09585: Approved Professional Services Agreement with Universal Field Services, Inc. in an amount not to exceed $64,330 for right-of-way property appraisal and acquisition for the Castroville Boulevard-Elkhorn Road Bicycle/Pedestrian Path Phase I project,, Castroville area Resolution No : Exonerated Labor and Materials Security for subdivision onsite improvements for Las Palmas Ranch Subdivision Phase II Unit XI (private roads - located off River Road, Toro area). MONTEREY COUNTY REDEVELOPMENT AGENCY Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and carried by those members present, with Supervisor Potter absent, the Board approved the following actions, except as otherwise noted: The Consent item below was pulled for discussion by Supervisor Calcagno: Agreement No. A-09258: Approved Amendment #1 to extend term to June 30, 2004, of Agreement A with Cox Castle & Nicholson for Legal Consulting Services relating to Pajaro Brownfields Analysis.