A C T I O N M I N U T E S
MONTEREY COUNTY BOARD OF SUPERVISORS
AND THE MONTEREY COUNTY REDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 14, 1999 AT 9:30 A.M.
Lunch Break from 12:00 Noon to 1:45 p.m.
9:30 a.m.
S-1 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]
S-2 CONSENT CALENDAR - MONTEREY COUNTY REDEVELOPMENT AGENCY
OTHER BOARD MATTERS:
6300.000 1. Board comments and referrals: None.
0600.025 2. County Administrative Officer's Comments and Reports: None.
2050.000 3. Resolution No. 99-328: adopted Resolution recognizing the service of Evelyn J. Brown to the Girl Scouts of Monterey Bay. (Johnsen)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
Upon motion of Supervisor Calcagno, seconded by Supervisor Potter, and unanimously carried, the Board hereby declared an emergency and added the following to the Agenda:
2050.000 NA/1 Resolution No. 99-329: adopted a Resolution congratulating Dennis Caprara as the recipient of the Salinas Valley Chamber of Commerce's Agricultural Leadership Award. (Pennycook)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
SCHEDULED MATTERS
9:45 a.m.
2050.000 S-3 PUBLIC COMMENT PERIOD: Hans Jongens requested that the Board send a letter to Governor Davis urging that the use of the gasoline additive MTBE be discontinued immediately.
10:00 a.m.
1350.700 S-4 Continued public hearing (open) on an Appeal by Firman Brown of the Administrative Interpretation (PLN980614) by the Director of Planning and Building Inspection that an Application for a Local Coastal Plan Amendment, not a Variance, is the appropriate application to provide for the development of a private water well in the coastal zone area of Del Monte Forest Land Use Plan Area. The property is a vacant residential parcel fronting on and easterly of Portola Road, located at 1271 Portola Lane (APN 008-301-005-000) in the Del Monte Forest area of the Coastal Zone. Staff recommendation: Deny appeal. (Request for Continuance to Tuesday, October 5, 1999 at 3:15 p.m. Received)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board continued the public hearing, open, to Tuesday, October 5, 1999 at 3:15 p.m.
10:05 a.m.
S-5 Closed Session relating to the following matters:
0950.000 a. Public Employee Performance Evaluation:
Position: County Administrative Officer
BOARD ACTION: No action taken.
0950.000 b. Conference with Labor Negotiators regarding labor relations negotiations for Bargaining Units A, B, C, D, E, F, H, J, K, M, and N. Labor Negotiator: Reneé Mayne.
BOARD ACTION: No action taken.
10:45 a.m.
0602.500 S-6 Held public hearing to consider the Sheriff's and District Attorney's Citizens Option For Public Safety (COPS) Program funding requests for Fiscal Year 1999-2000.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board considered the Sheriff and District Attorney's requests for COPS Program Funds, and directed the County Administrative Office and Auditor-Controller to amend the Sheriff and District Attorney budgets to reflect those items, which the Board agreed to fund with Citizens Option for Public Safety Program Funds.
11:15 a.m.
2050.000 S-7 Held public hearing and adopt a Resolution in support of the City of Soledad's Resolution to oppose the proposal to construct a mental health treatment facility for violent sexual predators near the City of Soledad in the County of Monterey and authorize the Chair to send a letter to the State Department of General Services opposing the facility in Monterey County.
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Potter, and unanimously carried, the Board adopted Resolution No. 99-330, supporting the City of Soledad's Resolution No. 2763 in opposition to the facility and authorized the Chair to send a letter to Dr. Steven Mayberg, Director, State Department of Mental Health, with copies to Monterey County's Legislative Delegation.
1:45 p.m.
S-8 Closed Session relating to the following matters:
a. Conference with Legal Counsel - Existing Litigation
Name of Case: Save Our Peninsula Committee, et al. v. Monterey County Board of Supervisors (September Ranch Sierra Club, et al. v. County of Monterey, et al. (September Ranch litigation)
Save Our Carmel River v. County of Monterey, et al. (Mills College litigation)
BOARD ACTION: No action taken.
6200.000 NA/2 Due to time constraints, the Board declared an emergency and added the following to the Board's Closed Session:
Closed Session with Legal Counsel - Existing Litigation
Name of Case: Bernardi v. County of Monterey
BOARD ACTION: Authorized the County Administrative Officer to engage the services of Fred Ebey, Attorney at Law, and other resources as needed to represent the County in the Bernardi v. County litigation; and directed the County Administrative Officer to undertake a thorough investigation of the practices alleged in the Bernardi litigation in coordination with the defense of that action which assures the integrity of the County's land use practices.
0950.000 b. Public Employee Performance Evaluation
Position: County Counsel
BOARD ACTION: 1) accepted the resignation of the County Counsel, Douglas C. Holland, and authorized the County Administrative Officer to enter into a severance package in the amount of $35,000; and 2) appointed Adrienne Grover as Acting County Counsel and authorized the County Administrative Officer to enter into a contract with a recruitment firm to conduct a national recruitment for a permanent County Counsel.
3150.000 S-9 Held public hearing to consider an application for a Combined Development Permit, consisting of a General Development Plan, Use Permit and Administrative Permits to develop a Gas Station with Car Wash and a Convenience Store (Phase 1) and Retail Center of 7,500 sq. ft. (Phase 2) located on the east side of River Road at River Court, across from Indian Springs Road in the Toro Planning Area, File No. PLN 970491 (Adam Mosed Mohsin). (Appeal filed by Carl Holm, et al. on behalf of the Coalition for the Preservation of River Road)
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and carried with Supervisors Pennycook and Potter voting "No," the Board approved the application and directed staff to return with Findings and Evidence with environmental review. Under this option, staff recommended that prior to obtaining a Building Permit, the applicant obtain a Design Approval from the Director of Planning and Building Inspection.
ORDER FOR ADJOURNMENT TO TUESDAY, SEPTEMBER 21, 1999 AT 9:30 A.M. IN MEMORY OF ISIDORO FRED COSENTINO, DECEASED.
APPROVED:
____________________________________
Chair
ATTEST:
SALLY R. REED,
Clerk to the Board
By:_______________________________
Deputy
CONSENT CALENDAR
Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board approved the following actions:
HEALTH AND SOCIAL SERVICES:
0110.000 4. Agreement No. A-07822: approved and authorized the Amended Agreement No. 98-14598-01 with the State Department of Health Services for $47,846 for Women, Infants and Children Nutrition Program Services for the period October 1, 1998 through September 30, 1999.
0125.000 5. Agreement No. A-08035: approved and authorized Chair to sign Agreement with Family Service Agency of Monterey County for a total of $180,000.
0125.000 6. Agreement No. A-07826: approved and authorized the Real Property Manager to sign Lease Amendment No. 1 to Real Estate Lease Agreement No. A-07826 for the Social Services Agency space at the Quadrangle Building, 1000 S. Main Street, Salinas, for additional space.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried.
0125.000 7. Agreement No. A-08036: approved and authorized the Real Property Manager to sign a ten year Sublease Agreement between the County as Sub-Lessor and the State of California Department of General Services as Sublessee for office space for use by the Employment Development Department, at the Joint Partnership Training Facility at 730 La Guardia Street, Salinas, California.
CRIMINAL JUSTICE:
0125.000 8. Agreement No. A-08037: approved and authorized the Sheriff to sign Agreement with United States Department of Justice, Drug Enforcement Administration (DEA) for inclusion of DEA Transportation South Bay Task Force a two year period ending July 30, 2001 and increase estimated revenues and appropriations by $8,608 in Sheriff's Budget Unit 230.
GENERAL GOVERNMENT:
6300.000 9. Approved Minutes of the meeting of Tuesday, August 31, 1999, copies having been distributed to each Board Member.
10. PULLED approval of amendments to Conflict of Interest Code of the Monterey County Water Resources Agency.
BOARD ACTION: Matter pulled from this Consent Calendar, directed staff to further research the issues discussed, and to bring this matter back for discussion at a time certain at a future Board meeting.
0525.000 11. Directed the Facilities and Construction Manager to file Notice of Completion for the project, "Replace four air conditioning units on the roof of the East Wing of the Salinas Courthouse."
5400.000 12. Resolution No. 99-331: amended Personnel Policies and Practices Resolution No. 98-394 to add Leadership Institute Executive Director Classification and add Leadership Institute Executive Director to Section A.10.2, Assistant Department Heads Designated.
5400.000 13. Resolution No. 99-332: amended the Monterey County Personnel Policies and Practices Resolution No. 98-394 to revise Section A.24.1, Holidays Listed, to conform with current practice for Units P, X, Y & Z.
2800.000 14. Introduced, waived reading, and set October 5, 1999 at 10:40 a.m. as the time and date for a hearing on an Ordinance Prohibiting the Use of Water Supply from Parcels which are not the subject of a specific subdivision as an approved design standard for subdivisions of property intended for non-agricultural uses.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board set the Ordinance for hearing.
15. PULLED adoption of a Resolution Holding in Abeyance for a Period of Two years the preparation, review, consideration, and adoption of County Initiated Amendments to General and Area Plans and Specific Plans pending the County’s consideration and adoption of updates to the Monterey County General Plan
Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board declared an emergency due to time constraints, and added the following to the Board's Agenda:
0125.000 NA/2 Agreement No. A-08034: approved the negotiated settlement and ratified the terms and conditions of the Memorandum of Understanding between Monterey County and SEIU Local 535 representing Social Services Employees (Unit K) for a 3 year agreement and a total wage and benefit compensation package of 5% - year one, 3.5% - year two and 3.5% - year three.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
PLANNING AND BUILDING INSPECTION DEPARTMENT:
0125.000 16. Agreement No. A-08038: approved professional services agreement with Advanced Information Management Systems, Inc. to provide services as Acting Assistant Director of Planning and Building Inspection Department for the period September 1, 1999 through August 31, 2000 in an amount not to exceed $105,000. Staff recommendation: Approval.
17. PULLED adoption of a Resolution finding the issuance of a license for the sale of alcoholic beverages by the Department of Alcoholic Beverage Control (ABC) to Connie Jones for "The Cachagua General Store", located at 18840 Cachagua Road to be a "public convenience" (APN 418 261 049 000). Staff recommendation: Adopt Resolution.
BOARD ACTION: Matter pulled from the Consent Calendar, direction provided to staff, and instructed that when this matter is returned for Board action, that it be scheduled for a time certain on a future Board meeting.
PUBLIC WORKS AND MONTEREY COUNTY REDEVELOPMENT AGENCY:
Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried, the Board approved the following action:
4600.000 18. Resolution No. 99-333: adopted Resolution requesting
5100.000 Caltrans retain the temporary construction zone signs on State Routes 1, 156 and 183 diverting southbound trucks around the downtown area of Castroville until a permanent signing program can be implemented.