S-1 Pledge of Allegiance. The Pledge of Allegiance was led by Curtis Weeks, Manger of the Water Resources Agency.

Transcription

1 BOARD OF SUPERVISORS Fernando Armenta 1 st District Lew C. Bauman Louis R. Calcagno 2 nd District County Administrative Officer W. B. Butch Lindley 3 rd District (Chair) Jerry Smith 4 th District (Vice Chair) Charles J. McKee Dave Potter 5 th District County Counsel Ann D. Anderson Phone: (831) Clerk to the Board FAX: (831) P. O. Box 1728 Home Page: Salinas, CA :30 a.m. ACTION MINUTES MONTEREY COUNTY BOARD OF SUPERVISORS, MONTEREY COUNTY WATER RESOURCES AGENCY, AND MONTEREY COUNTY REDEVELOPMENT AGENCY TUESDAY, MARCH 29, :30 AM S-1 Pledge of Allegiance. The Pledge of Allegiance was led by Curtis Weeks, Manger of the Water Resources Agency S-2 Additions and Corrections to the Agenda. There were no additions or corrections to the Agenda. S-3 CONSENT CALENDAR - REGULAR (See Supplemental Sheet) S-4 CONSENT CALENDAR - WATER RESOURCES AGENCY (See Supplemental Sheet) S-5 CONSENT CALENDAR - REDEVELOPMENT AGENCY (See Supplemental Sheet) APPOINTMENTS: Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried, the Board approved the following appointments, except as noted:

2 Action Minutes, Page 2 Tuesday, March 29, Appoint Abraham Magana, replacing Candy Nava, to the Boronda Redevelopment Project Area Citizen's Advisory Committee for term ending January 1, (Calcagno) Appoint John Pinio, replacing Alan Miyamoto, to the Emergency Medical Services Council for term ending June 30, (Full Board) Reappoint Robert Spencer, to the Salinas Rural Fire Protection District for term ending on March 1, (Potter) OTHER BOARD MATTERS: Board Comments and Referrals. Supervisor Armenta reported to the Board regarding a meeting the day before of 21 Monterey County Latino Elected Officials. He told the Board that the group had discussed Ag Jobs Bill position that most city councils and some school boards including those in Monterey County have taken within the last 2 years. Supervisor Armenta said that it was a very historic and significant event because it included school board members, city council members, four or five mayors of cities in Monterey County, himself, and Assembly Member Simon Salinas. He said that this group in the future would possibly consider taking policy positions on health care, housing and other matters, that may or may not include a position on the County General Plan. Supervisor Calcagno spoke to the Board regarding the issue in North County involving a recently adopted zoning ordinance governing the parking of commercial vehicles on residential property. He noted that it seems to be a burdensome issue for one individual. His office has been dealing with this for over a year, and he said that he felt the issue was something that needed to be looked at. He recommended that staff go back and look at the emergency vehicle ordinance and the possibility that if you have emergency vehicles you are able to at least keep them on your property and maintain them on your property in case they are needed so that they can be moved very rapidly into an area where an emergency exists. Supervisor Calcagno said that the Board had discussed the issue before, and that it was obvious that when you get into the rural communities of North County, contractors have their pickups, trucks, backhoes, and other equipment that is part of their livelihood at their residence. He stated that he felt that if they are going to pick on one, then they have to pick on them all and that s going to be a very difficult decision to make. He noted what can seem to be an inequality as to what is OK on one side of the road, and not OK on the other.

3 Action Minutes, Page 3 Tuesday, March 29, 2005 County Counsel, gave clarification to be sure that staff was on the right page. He asked if Supervisor Calcagno was looking to discuss, in the future, an exemption for emergency type vehicles and what the definition would be for those vehicles. Supervisor Calcagno, said that was correct County Administrative Officer's Comments. None Update on Board Referrals Public Comments. (Limited to 3 minutes each speaker.) a. Helaine Clark, Rippling River, told the Board about her attending a Housing Authority Commission meeting regarding their five year plan for older units. She said that Rippling River was not discussed because it can t be transferred to another entity. She said she also objected to the way the meeting was conducted. b. Bill Leach, owner of tow trucks currently parked on his property in violation of an ordinance recently adopted by the Board. He told the Board that he was unable to afford storage of the trucks elsewhere, and needed them readily available for emergencies, citing the facts that he has been used by the CHP for 13 years to assist in the clean up following traffic accidents. He asked the Board to show leniency and consider allowing him to keep the trucks on his property. c. Hans Jongens referred to an article in U.S. News dated March 21 titled The Case of the Twelve Zeros. He gave the Board a handout with the article on it. He also spoke about the recent tsunami in Indonesia Resolution No : Adopt Resolution commending Richard Ridge, Monterey County Deputy Sheriff, upon his retirement from public service. BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Potter, and carried Approve the March 1, 2005, report of the Legislative Subcommittee including: a. Conceptually oppose AB 1248 (Umberg), regarding booking fees and direct the matter be placed on the April 5, 2005 Legislative Subcommittee agenda. b. Accept briefing paper regarding Medi-Cal waivers and Natividad Medical Funding, and approve distribution of the briefing paper by the County s legislative delegation. c. Accept report on the potential revision of the 1996 Federal Telecommunications Act, take a watch position, and direct the matter be placed on the April 5, 2005 Legislative Subcommittee agenda. d. Accept report on the impact of the State Disbursement Unit on Child Support payments and direct a briefing on the issue be given to the full Board of Supervisors at a later date.

4 Action Minutes, Page 4 Tuesday, March 29, 2005 e. Accept report on AB 1204 (Laird), converting excess Highway 1 rightof-way, Lower Carmel Valley, to public park use. f. Accept report on military base retention activities. g. Accept the report on legislation related to the Fort Ord Veteran s Cemetery. h. Accept report on the Monterey County sponsor measures and recommend the Board of Supervisors direct the following departments to provide the necessary support for the sponsor measures: SB 282 (Maldonado) Public Administrator - Sheriff and the Health Department SB 283 (Maldonado) Double Fine Zones - Public Works SB 1092 (Maldonado) East Garrison CSD - Redevelopment SB 480 (Denham) Fort Ord Veterans Cemetery - Military and Veteran's Affairs AB 427 (La Malfa/Denham) Inmates Workers Comp - Risk Management AB 1511 (Evans) Design Build - Capital Projects i. Accept report and endorse legislative advocacy efforts at the NACO legislative conference in Washington, D.C. j. Direct that SB 820 (Kuehl), regarding water resources management, be placed on the April 5, 2005 Legislative Subcommittee agenda for discussion. k. Accept the report and direct staff to continue efforts to provide advance coordination with CSAC and NACO on legislative issues. BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried. SCHEDULED MATTERS: S-6 Closed Session under Government Code section 54950, relating to the following items: a. Pursuant to Government Code section (a), the Board will confer with legal counsel regarding the following existing litigation: 1. Cathy Baldwin (WC) BOARD ACTION: The Board approved a tentative agreement. When the documents are finalized, they will be available to the public through the office of the County Counsel. 2. California Department of Transportation v. County of Monterey BOARD ACTION: The Board was given an update and gave direction to staff and subcommittee. 3. LandWatch Monterey County, et al. v. County of Monterey

5 Action Minutes, Page 5 Tuesday, March 29, :30 a.m. BOARD ACTION: The Board was given an update and gave direction to staff and subcommittee. 4. John L. McDonnell, Jr. et al. v. County of Monterey, et al. BOARD ACTION: The Board was given an update and gave direction to staff and subcommittee. 5. Save Our Peninsula Committee v. County of Monterey, et al. BOARD ACTION: The Board was given an update and gave direction to staff and subcommittee. 6. City of Salinas v. County of Monterey BOARD ACTION: The Board was given an update and gave direction to staff and subcommittee. 7. H-Y-H Corporation v. County of Monterey BOARD ACTION: The Board was given an update and gave direction to staff and subcommittee. b. Pursuant to Government Code section (b), the Board will confer with legal counsel regarding the following significant exposure to litigation: 1. Claim of Michael M. Benge, et al. BOARD ACTION: The Board denied the claim. 2. One Item of Significant Exposure to Litigation BOARD ACTION: The Board was given an update and direction was given to staff. c. Pursuant to Government Code section 54957, the Board will perform an evaluation of the following public employee: Natividad Medical Center CEO. BOARD ACTION: The evaluation occurred. d. Pursuant to Government Code section , the Board will confer with legal counsel regarding negotiations with the California Medical Assistance Commission pursuant to Health and Safety Code Sec BOARD ACTION: The Board gave direction to staff and a Board Order was issued S-7 Amend Personnel Policies and Practices Resolution No and direct

6 Action Minutes, Page 6 Tuesday, March 29, the Auditor-Controller to adjust the salary of the job classification of OB/GYN Surgeon to reflect approximately a 9% increase. BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried S/A-1 Approve and authorize the transfer of; a. $3,023,270 from the Hospital Enterprise Fund 091, Budget Unit 960, Operating out to the County General Fund 001, Budget Unit 430, Operating In; b. Increase the appropriation in Budget Unit 430, Medical Care Services by this same amount in Account 6680 Contribution to Other Agencies ; and c. Increase the revenue in Budget Unit 430 by this same amount in Account 5931 Operating Transfer In in order to provide for the mandated supplemental intergovernmental transfer payment required pursuant to SB 855 (California Inpatient Medi-Cal Disproportionate Share Payment Adjustment Program) (4/5ths vote). BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Smith, and carried S-8 Consider appeal of Permit Extension (PLN040275/King) for a Coastal Development Permit and Design Approval (PLN965204/King) that allowed a 3,104 sq. ft. two-story single-family dwelling with an underground garage and basement, and 838 cu. yds. of grading. BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and carried S-9 Consider appeal of Permit Extension (PLN040278/King) for a Coastal Development Permit and Design Approval (PLN965205/King) that allowed a 5,842 sq. ft. two-story single-family dwelling with an underground garage and basement, and 1,362 cu. yds. of grading. BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and carried S-10 Accept an oral presentation from the Monterey County Health Department's Behavioral Health Division Director that will provide an overview of the County's planning process for implementation of the Mental Health Services Act (Proposition 63). BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Smith, and carried S-11 Resolution No : Hold a public hearing to: a. Approve submittal of a General Allocation Community Development Block Grant application in the amount of $500,000 to the California Department of Housing and Community Development for the Rippling River Public Housing Complex in Carmel Valley;

7 Action Minutes, Page 7 Tuesday, March 29, :00 b. Approve and authorize the County Administrative Officer or his designee to sign the Statement of Assurances for the Grant Application, the grant application and all grant related documents and amendments; c. Authorize the County Administrative Officer or his designee to act as the Certifying Officer under the National Environmental Policy Act of 1969 and related environmental regulations for the State Community Development Block Grant Program; and d. Approve a local contribution of $9,200 in Inclusionary funding and up to $5,000 in waived planning, building and related permit processing fees. BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and carried S-12 Pursuant to Government Code section 54957, the Board will confer in Closed Session regarding appointment of the public employment position: Equal Opportunity Officer BOARD ACTION: The Board gave direction to staff to proceed in the matter; no final decision was made. ORDER FOR ADJOURNMENT APPROVED: Chair ATTEST: LEW C. BAUMAN, Clerk of the Board By: Deputy

8 Action Minutes, Page 8 Tuesday, March 29, 2005 (Supplemental Sheet) CONSENT CALENDAR BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Smith, and unanimously carried, the Board approved the following actions, unless otherwise noted: HEALTH AND SOCIAL SERVICES: a. Agreement A-10083: Approved and authorized the Director of the Department of Social & Employment Services to sign an agreement for $92,714 with Sun Street Centers to help develop a network of family foster care in Salinas 93901/93906 for the period March 15, 2005 to June 30, 2006; and b. Authorized the Director of the Department of Social & Employment Services to sign all future amendments to this Agreement not exceeding 5% of the contract amount, and a 3-month extension a. Approved a $33,270 payment to Carmel Regional Fire Ambulance for ambulance services in the Carmel areas during FY ; b. Find that CSA-74 benefits to the Carmel areas are proportional to the CSA-74 charges in those areas for that period; and c. Directed the Auditor-Controller to make this payment Agreement A-10084: Approved and authorized the Director of Health to sign a Behavioral Health Services Agreement with California Mental Health, Inc. to provide Therapeutic Behavioral Services to Monterey County's youth in the amount of $41,578 for the period September 1, 2004 through June 30, Agreement A-10085: Approved and authorized the Director of Health to sign an Agreement with the Diabetes Care Center in the amount of $35,000 to provide technical review and medical oversight of elements of the Community Steps Action Plan related to diabetes for the Salud! Salinas Steps to Health Project for the period of March 29, 2005 through September 21, Agreement A-10086: Approved and authorized the Director of Health to sign a Behavioral Health Services Agreement with Victor Treatment Centers, Inc. to provide Day Treatment Intensive, Medication Support, and Mental Health Services to Monterey County's youth in the amount of $79,200 for the period July 1, 2004 through June 30, Accepted the Monterey County Department of Social and Employment Services March 2005 Key Indicators Report.

9 Action Minutes, Page 9 Tuesday, March 29, a. Concurred with Monterey County Workforce Investment Board (WIB) to approve Workforce Investment Act (WIA) Title I youth subcontracts for the period April 1, 2005 through March 31, 2006 to Soledad Unified School District in the amount of $20,400 for tutorial services; to Monterey Peninsula Unified School District in the amount of $47,600 for tutorial services; to Unity Care Group in the amount of $120,000 for follow-up services; and b. Authorized the WIB Executive Director to develop, execute agreements, and sign amendments to the agreements not to exceed 5% of the original contract amount and 3-month extension a. Concurred with the Monterey County Workforce Investment Board (WIB) to accept a total of $22,281 in Workforce Investment Incentive Award Funds for Exemplary Performance for Program Year ; and b. Authorized the WIB Executive Director to solicit ideas and make a recommendation to the WIB regarding Workforce Investment Act (WIA) Title I activities to be funded with this award a. Agreement A-09762: Approved and authorized the Director of the Department of Social & Employment Services to sign an Amendment adding $36,703 to PSA #312 with Kim Stemler to provide support to the Child Care Planning Council for Fiscal Year , and increasing the total contract amount to $51,703; and b. Authorized the Director of the Department of Social & Employment Services to sign all future amendments to this Agreement not exceeding 5% of the total contract amount, and a 3-month extension. CRIMINAL JUSTICE: Approved and authorized the District Attorney to sign and submit applications for continued funding from various state agencies for Victim Assistance, Vertical Prosecution and Fraud Prosecution Programs in FY Agreement A-10087: Approved and authorized the District Attorney to sign a contract for $104,668 with the Victim Compensation and Government Claims Board for Fiscal Years and for the continuation of the "Criminal Restitution Compact Unit." GENERAL GOVERNMENT: Approved Action Minutes for the meeting of Tuesday, February 15, 2005, and the Special Meeting of Wednesday, February 23, 2005, copies having previously been distributed to each Board member.

10 Action Minutes, Page 10 Tuesday, March 29, a. Approved the agreement with Welker Brothers in the amount of $348, for the scope "Flooring Supply and Install - Project Bid ", for the North Wing Renovation, Monterey County Government Center, Salinas; b. Rejected the other bid; c. Approved the agreement with Gayle Manufacturing in the amount of $1,265, for the scope "Structural and Miscellaneous Steel Furnish and Install/Seismic Upgrades - Project Bid ", for the North Wing Renovation, Monterey County Government Center, Salinas; and d. Authorized the Auditor-Controller to make payments upon approval of Capital Projects Management of the award amount a. Approved the Professional Services Agreement with Wald, Ruhnke & Dost Architects, LLP (WRD), to provide architectural and construction administration services for the project "Relocate Public Works Material Testing Laboratory to 855 Laurel Drive, Salinas, California" in the amount of $37,500; and b. Authorized the Auditor-Controller to make payments upon approval of Capital Projects Management of the award amount Approved amendments to Conflict of Interest Code of the General Services Department of Monterey County Agreement A-10088: Approved and authorized the Purchasing Manager to sign a Purchase Agreement with PAETEC Software Corp. in the amount of $120,984 for the purchase and installation of a call accounting system, including support services for a period of one (1) year commencing on acceptance of the software and with the option to renew the agreement for two (2) additional one (1) year terms Agreement A-10098: Approved the Side Letter Agreement with Service Employees International Union, Local 817, representing General (J), Supervisory (F), Healthcare (H), and Resident Physician (R) Units, settling issues relating to implementation of CalPERS regional pricing of health insurance in the calendar year Agreement A-10090: Approved Group Fixed and Variable Deferred Annuity Contract and Agreement for Recordkeeping and Communication Services Contract with Great-West Life & Annuity Insurance Company for 457 Deferred Compensation Plan Administrative Services Approved and authorized the County Administrative Officer to grant one time exception of Personnel Policies and Practices Resolution section A Annual Leave Buy Back for M-Angela McNulty, Deputy District Attorney IV.

11 Action Minutes, Page 11 Tuesday, March 29, a. Agreement A-10094: Approved the California Highway Patrol Agreement for the Lake San Antonio Wildflower Triathlons Festival; and b. Authorized Director of Parks to sign the Agreement a. Agreement A-10095: Entered into Agreement for services with the San Antonio School District for rental of school buses for 2005 Wildflower Festival; and b. Authorized Parks Director to sign Agreement Received Report from the Elections Department, Budget Unit concerning the projected FY Budget Shortfall of $377,494; Approved Amendments to Budget Unit 141 to increase estimated revenue and appropriation in the amount of $181,977, and approved an appropriations transfer of $195,517 from General Fund Contingencies to the Elections Department Budget (4/5ths vote) S/A-2 a. Approved the Agreement with Martinelli Environmental Graphics in the amount of $82, for the project, Building Signage Supply & Install Bid Package at the County of Monterey Government Center Administration Building in Salinas; b. Rejected the other two bids; and c. Authorized the Auditor-Controller to make payments upon approval of Capital Projects Management of the award amount. PLANNING AND BUILDING INSPECTION: Agreement A-10096; A-10097; A-10104; A-10105: Approved and authorized the Chair to sign: 1) A Professional Services Agreement with Jones & Stokes Associates, Inc, for the preparation of a Subsequent Environmental Impact Report (EIR) for the Carmel Valley Master Plan (PLN050133), in an amount not to exceed $342,169 2) A Professional Services Agreement with Jones & Stokes Associates, Inc, for the preparation of an Environmental Impact Report for the Rancho Canada Village Subdivision Application (PLN040061) in an amount not to exceed $398,508; 3) Funding Agreement with Rancho Canada Community Partners, LLC for the preparation of a Subsequent Environmental Impact Report for the Carmel Valley Master Plan (PLN050133); and 4) Funding Agreement with Rancho Canada Community Partners, LLC for the preparation of an Environmental Impact Report for the Rancho Canada Village Subdivision Application (PLN040061). PUBLIC WORKS: a. Approved Plans and Special Provisions and advertise for bids for construction of the Sandholdt Road Bridge County No. 112 Replacement Project, Moss Landing area (Project No ); and

12 Action Minutes, Page 12 Tuesday, March 29, 2005 b. Authorized the Clerk to the Board to advertise the "Notice to Contractors" in The Californian on April 1 and April 8, a. Awarded contract in the amount of $953,952 to The Don Chapin Co., Inc., the lowest responsible bidder, for construction of the Fontes Lane, Addington Road and Boronda Road Storm Drain and Street Improvements Project (Project No ), b. Established a contingency not to exceed 10% of the contract amount; and c. Authorized the Public Works Director to execute the contract a. Awarded a contract in the amount of $556,999 to McGuire and Hester for construction of the Castroville Storm Drain and Street Improvements Phase I Project (Project No , Revised Bid Opening); b. Established a contingency not to exceed 10% of the contract amount; and c. Authorized the Public Works Director to execute the contract a. Approved Plans and Special Provisions and advertise for bids for construction of the Crazy Horse Road Bridge County No. 123 Replacement Project, north of Salinas area (Project No ); and b. Authorized the Clerk to the Board to advertise the "Notice to Contractors" in The Californian on April 1 and April 8, a. Accepted a portion of the Moonglow Estates Subdivision Improvements as completed; and b. Approved a partial release of the Faithful Performance Security issued by the Travelers Casualty and Surety Company of America to an amount of $163,000 for streets improvements for the Moonglow Estates Subdivision, Prunedale area. MONTEREY COUNTY WATER RESOURCES AGENCY BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Smith, and unanimously carried, the Board approved the following actions, unless otherwise noted: Set a Public Hearing on April 12, 2005, at 10:30 a.m., to adopt a Resolution to approve the annexation of 190 acres on three parcels; APN , , and , into the Water Resources Agency Zones 2 and 2A Approved the purchase and installation of two water flow meters, one for San Antonio Reservoir and one for Nacimiento Reservoir for an amount not to exceed $70,000 and transfer $70,000 within Fund (Dam

13 Action Minutes, Page 13 Tuesday, March 29, 2005 Operations - Zone 2C) from Account 6499 (Other Special Department Expense) to Account 6890 (Fixed Assets, Equipment). MONTEREY COUNTY REDEVELOPMENT AGENCY BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Smith, and unanimously carried, the Board approved the following actions, unless otherwise noted: a. Accepted a grant in the amount of $30,000; and b. Agreement A-10093: Authorized the Chief Assistant County Administrative Officer or designee to sign a Memorandum of Understanding (MOU) and other documents related to the grant between the Monterey County Redevelopment Agency and the Office of the California State Library, California Civil Liberties Public Education Program (CCLPEP) for the Castroville Japanese School House Restoration Project.