APPROVED MINUTES - MARCH 23, ��
�MONTEREY COUNTY
BOARD OF SUPERVISORS
Fernando Armenta
Louis R. Calcagno
Simon Salinas
Jane Parker
Dave Potter
Gail T. Borkowski
Clerk of the Board
P. O. Box 1728
Salinas, CA 93902
1st District Lew C. Bauman
2nd District County Administrative Officer
3rd District Chair)
4th District Vice-Chair) Charles J. McKee
5th District County Counsel
Phone: 831) 755-5066
FAX: 831) 755-5888
www.co.monterey.ca.us
ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
MONTEREY COUNTY WATER RESOURCES AGENCY
TUESDAY, MARCH 23, 2010
9:00 A.M.
9:00 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker, and Potter.
1.
Additions and Corrections for Closed Session: There were no additions or
corrections.
CLOSED SESSION
2. Closed Session under Government Code section 54950, relating to the following
items:
a. Pursuant to Government Code section 54957, the Board provided a
performance evaluation for the Natividad Medical Center CEO.
CLOSED SESSION REPORT: The Board discussed goals and directed
Mr. Weis to return with further goals for the Board to consider.
b. Pursuant to Government Code section 54957, the Board conferred regarding
recruitment for the position of Equal Opportunity Officer.
CLOSED SESSION REPORT: The Board heard from a consultant on
applicants and appointed an Ad Hoc Committee of Supervisor Parker
and Supervisor Armenta to assist in screening applicants and conducting
potential interviews.
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�Minutes March 23, 2010
Monterey County Board of Supervisors Page 2
c. Pursuant to Government Code section 54956.9(b), the Board conferred with
legal counsel regarding twee two items of significant exposure to litigation.
one item removed via Addendum)
CLOSED SESSION REPORT: In one matter the Board authorized a
settlement with a potential claimant against the County and once the
settlement is approved, any member of the public may obtain a copy of
that settlement agreement through the office of the County Counsel. The
vote was 4-1 with Supervisor Armenta dissenting. In the other matter the
Board provided direction to Counsel on how to proceed.
d. Pursuant to Government Code section 54956.9(a), the Board conferred
regarding existing litigation.
1) Clifford L. Jackson v. Monterey County Jail, et al. USDC Case No. C07-
01202)
CLOSED SESSION REPORT: The Board authorized the retention of
Randy Willoughby of Willoughby, Stuart & Bening to handle prosecution
of the case.
2) Dorsami Reddy v. Skanska USA Building, Inc., et al. MCSC Case No.
M81383)
CLOSED SESSION REPORT: The Board authorized the retention of
Randy Willoughby of Willoughby, Stuart & Bening to handle prosecution
of the case.
3) County of Monterey v. Nova Partners, et al. MCSC Case No. M96829)
CLOSED SESSION REPORT: The Board authorized the retention of
Randy Willoughby of Willoughby, Stuart & Bening to handle prosecution
of the case.
A0 CONFIDENTIAL SENT DISCUSSIONS SUBJECT TO
RULE 12.6 THE CPUG RA4zSS OF PRACTICE AND PROCEDURE-,
CALIFORNIA EVIDENCE CODE SECTION 1 15.2, RULE 108 OF HE
PROTECTIONS SUB TDCT TO THE ATTORNEY CLIENT PRIVILEGE,
THE WORK PRODUCT DOCTRINE, AND JOINT DEFENSE PRIVILEGE,
A NQ 444E
rlA4 1C TT DT TDD/lc`D Tll1
w
Removed via Addendum)
5) SEIU Local 521 v. County of Monterey PERB UPC No. SF-CE-696-M)
CLOSED SESSION REPORT: The Board authorized Counsel to retain
the firm of Renne Sloan Holtzman & Sakai LLP to defend the County in
the case.
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�Minutes March 23, 2010
Monterey County Board of Supervisors Page 3
g.
6) M. Sapiens Group Grievance SEIU Case No. 57501-521; State Mediation
and Conciliation Service Case No. ARB-09-0308)
CLOSED SESSION REPORT: The Board authorized Counsel to retain
the firm of Renne Sloan Holtzman & Sakai LLP to defend the County in
the case.
7) Joseph Palazzolo WC)
CLOSED SESSION REPORT: The Board approved a tentative
settlement and if that settlement is approved by all parties it will be
available though the office of County Counsel
e. Pursuant to Government Code section 54957.6, the Board conferred with
labor negotiators
1) Designated representatives: Keith Honda and Patricia Covert; Employee
organizations: All Units
CLOSED SESSION REPORT: The Board provided direction to Lew
Bauman to provide information to Keith Honda regarding labor
negotiations for all units.
f. Pursuant to Government Code section 54956.9(c), the Board conferred with
legal counsel regarding potential initiation of one litigation case.
CLOSED SESSION REPORT: The Board approved counsel initiating
litigation in this matter, however due to the sensitivity of the matter and
the possible effect of the county's position, the facts of this case will not be
made available to the public until the case is filed in court. At that point
any member of the public can request a copy of the filing.
Pursuant to Government Code section 54956.8, the Board will confer with
real property negotiators.
1) Property: 312 East Alisal Street, Salinas County negotiator: Wayne
Tanda, RMA Director Negotiating parties: The County of Monterey and the
City of Salinas Under negotiation: Price and terms
CLOSED SESSION REPORT: The Board provided direction to Wayne
Tanda regarding price and terms in negotiations with the City of Salinas.
h. Pursuant to Government Code section 54956.9(b), the Board will confer with
legal counsel regarding the following item of significant exposure to
litigation/liability claim:
1) Claim of Maryellen Stanton
CLOSED SESSION REPORT: The Board approved settlement of this
matter and the settlement agreement will be available in Counsel office
for any member of the public once fully executed.
i. Added via Addendum) Pursuant to Government Code section 54956.9(a), the
Board of Supervisors of the Water Resources Agency will confer with legal
counsel regarding existing litigation.
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�Minutes March 23, 2010
Monterey County Board of Supervisors Page 4
1) In the Matter of the Application of California-American Water Company
U 210 W) for a Certificate of Public Convenience and Necessity to Construct
and Operate its Coastal Water Project to Resolve the Long-Term Water
Supply Deficit in its Monterey District and to Recover All Present and Future
Costs in Connection Therewith in Rates PUC A.04-09-019) PRIVILEGED
AND CONFIDENTIAL SETTLEMENT DISCUSSIONS SUBJECT TO
RULE 12.6 OF THE CPUC RULES OF PRACTICE AND PROCEDURE,
CALIFORNIA EVIDENCE CODE SECTION 1152, RULE 408 OF THE
FEDERAL RULES OF EVIDENCE, AND ALL OTHER SETTLEMENT
PROTECTIONS SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE,
THE WORK PRODUCT DOCTRINE, AND JOINT DEFENSE PRIVILEGE,
AND THE COMMON PURPOSE DOCTRINE
CLOSED SESSION REPORT: The Board of Supervisors of the Water
Resources Agency conferred with counsel and received an update from
counsel on the Water Resources Agency General Manager on how to
proceed in these cases of litigation.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker, and Potter. Supervisor
Calcagno arrived to the dais as indicated. *
3. The Pledge of Allegiance was led by Supervisor Parker.
NOTE: Mayor Donahue addressed the Board and requested the Board create and
appoint Board members to an Ad Hoc Committee regarding Carr Lake and the
associated reclamation area which was agreed upon during a previous City
Counsel meeting.
NOTE: * Supervisor Calcagno arrived on the dais.
4. Additions and Corrections: The Clerk of the Board announced agenda corrections
which were acted on by the Board as provided in Sections 54954.2 of the
California Government Code.
Under Other Board Matters Item 14 should renumbered as 13.1
Adopt Resolution in recognition of D'Arrigo Bros.Co., of California and their
commitment to a partnership with The Breast Cancer Research Foundation in
New York to raise $1 million to help fund the fight against breast cancer.
Supervisor Calcagno)
5. CONSENT CALENDAR REGULAR See Supplemental Sheet)
Public Comment: Hans Jongens commented on Items 19 and 21.
Charles McKee, County Counsel comment on item 19.
Lew Bauman, CAO, comment on item 21.
Supervisor Salinas announced Supervisor Calcagno's arrival on the dais.
Motion by Supervisor Annenta, seconded by Supervisor Parker. All Ayes
6. CONSENT CALENDAR MONTEREY COUNTY REDEVELOPMENT
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Monterey County Board of Supervisors Page 5
AGENCY See Supplemental Sheet)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
OTHER BOARD MATTERS:
7. Board Comments
Supervisor Armenta announced the Veteran's mobile outreach van from the
Santa Cruz Veterans Center will be at the One-Stop Center at 1:00 p.m. on
Wednesday, March 24, 2010.
Supervisor Parker announced she attended a conference for the Local
Government Commission in Yosemite.
Supervisor Calcagno announced he attended the State Transportation
Commission meeting in Sacramento.
8. CAO Comments and Referrals
Lew Bauman acknowledged Len Foster, Director of Health and Allen Stroh,
Environmental Health Director upon their retirement.
Supervisor Armenta congratulated and announced a retirement dinner for Len
Foster at the Embassy Suites in Seaside this evening at 6:30 p.m.
Supervisor Salinas congratulated Len Foster and Allen Stroh.
9. Public Comment
Julie Engle, Lyndia Zendejas, and Zuleima Arevalo
RESOLUTIONS: Items 10 through 13.1 were heard concurrently
10. Adopted Resolution No. 10-057 honoring Robert S. Brower on being named the
2009 Hospitality Professional of the Year by the Monterey County Hospitality
Association. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
11. Adopted Resolution No. 10-058 of support for Assembly Bill 1791, which would
permit redevelopment agencies with jurisdiction over portions of the former Fort
Ord to use tax increment funds to support certain commercial projects. Full
Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
12. Adopted Resolution No. 10-059 honoring Pastor Herb and Margo Valero in
recognition of their outstanding contributions over the lat 20 years to Victory
Outreach. Supervisor Salinas)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
13. Adopted Resolution No. 10-060 proclaiming the week of March 22 through 26,
2010, as Tsunami Awareness and Preparedness Week" in Monterey County.
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
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13.1. Adopted Resolution No. 10-050 in recognition of D'Arrigo Bros.Co.,
of California and their commitment to a partnership with The Breast Cancer
Research Foundation in New York to raise $1 million to help fund the fight
against breast cancer. Supervisor Calcagno)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
APPOINTMENTS: 14 through 15.1 were heard concurrently
14. Reappointed Mario Salazar and John Pinio to the Commission on Disabilities,
terms ending December 31, 2012. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
15. Appointed Esther Rubio to the Monterey County Children and Families
Commission, term ending March 23, 2011. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
15.1 Appointed David Tavares to the Pajaro-Sunny Mesa Community Services
District, term ending November 30, 2011. Supervisor Calcagno)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. All Ayes
SCHEDULED MATTERS:
S-1 a. Considered and continued approval of the response to the Monterey County
Civil Grand Jury 2009 Final Report to April 6, 2010 to;
b. Direct the County Administrative Officer to file the approved response with
the Presiding Judge of the Superior Court, County of Monterey, by April 9,
2010; and
c. Received an informational copy of the response by the Auditor-Controller and
the Sheriff to the Monterey County Civil Grand Jury 2009 Final Report. There
were no changes made to either the Board Report or Order. Please find the
final Board response to the 2009 Civil Grand Jury Report, which includes
revisions to Section 2 Notation added via Addendum)
Public Comment: None
Motion by Supervisor Armenta, seconded by Supervisor Calcagno to receive
the Grand Jury report, directed staff to receive comments provided by the
Board members and incorporate them into the recommendation and return
on April 6, 2010. All Ayes
S-2 a. Approved a Supervisorial Redistricting Work Program for the purpose of
redistricting in 2011 and directed staff to implement the program;
b. Approved formation of a Citizen Redistricting Advisory Committee and
Citizen Redistricting Advisory Committee By-laws; and
c Considered approval and directed the Auditor-Controller to transfer
appropriations of $30,167 from General Fund Contingencies to County
Administrative Office CAO) Intergovernmental & Legislative Affairs
Division 4/5th vote required).
Public Comment: None
Motion by Supervisor Potter, seconded by Supervisor Calcagno. All Ayes
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�Minutes March 23, 2010
Monterey County Board of Supervisors Page 7
S-3 Acting as the Board of Supervisors of the Water Resources Agency of the County
of Monterey:
Receive the Monterey County Water Resources Agency Board of Directors July
through December Quarterly Reports for Fiscal Year 2009-10.
Public Comment: Julie Engell
Motion by Supervisor Potter, seconded by Supervisor Calcagno to decline
receipt of quarterly reports; and directed staff to return with a summary of
the actions in the quarterly report and provide a more standardized report
format for the future. All Ayes
Recessed to Lunch Continued Closed Session
1:30 P.M. RECONVENED
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker, and Potter.
SCHEDULED MATTERS:
S-4 Received a presentation from youth researchers involved in the Office for
Employment Training 2009 Summer Youth Employment Program Youth in
Focus Action Research Project.
Public Comment: None
Motion by Supervisor Potter, seconded by Supervisor Parker. All Ayes
S-5 Received an oral presentation from the Health Department's Clinic Services
Director highlighting the County's Federally Qualified Health Center Look-Alike
Clinics.
Public Comment: None
Motion by Supervisor Parker, seconded by Supervisor Armenta. All Ayes
S-6 Public hearing to consider:
a. Granted the appeal by Marjorie Kay from the Minor Subdivision Committee's
adoption of a Mitigated Negative Declaration and approval of a Coastal
Development Permit PLN080185 ZA06672/Jehovah Witnesses South
Spanish Congregation); and
b. Denied Coastal Development Permit PLN080185/Jehovah Witnesses South
Spanish Congregation) consisting of a Tentative Parcel Map creating four
parcels of 3 acres, 3 acres, 3 acres, and 11 acres. Appeal
PLN080185/Jehovah Witnesses South Spanish Congregation, 125 Sill Road,
Las Lomas) Continued from Tuesday, March 24, 2009)
Public Comment:
Eva Renteria and Margie Kay
Motion by Supervisor Armenta, seconded by Supervisor Calcagno to grant
the appeal, to be held in stay for one year until the Coastal Commission
hears and makes a ruling; if the Coastal Commission does not make a ruling
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Monterey County Board of Supervisors Page 8
on the other projects, this project will be placed on the list and this appeal
takes-effect. 3 2 Supervisors Potter and Parker dissented)
CLOSED SESSION REPORT: See 2. a-i)
NOTE: Lew Bauman, CAO, reported an Ad Hoc Committee was created to participate
with the City of Salinas on reviewing Carr Lake and associated land use and
drainage improvements. Supervisors Armenta and Salinas appointed to the Ad
Hoc Committee by minute order. See item 2.b.)
ORDER FOR ADJOURNMENT
In memory of Walter B. Alsky
BOARD OF SUPERVISORS
ATTEST: GAIL T. BORKO S
Cler of the Bo d 1
UY
BY
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�Minutes March 23, 2010
Monterey County Board of Supervisors Page 9
Supplemental Sheet)
CONSENT CALENDAR
HEALTH AND SOCIAL SERVICES:
16. Agreement No. A-11664
a. Authorized the Director of Health to sign an Agreement with Community
Hospital of the Monterey Peninsula, Inc., with a term from March 30, 2010 to
March 29, 2013, to authorize Adrian L. Strand, M.D. to provide professional
services at the Outpatient Immunology Services Department on a part-time
basis in an amount not to exceed $148,200; and
b. Authorized the Director of Health to approve up to three 3) future
Amendments to this Agreement where the Amendments do not exceed ten
percent 10%) of the annual amount, and do not significantly alter the scope of
work or result in an increase to Net County Contributions.
17. Agreement No. A-11665
a. Approved and authorized the Director of Health to sign a Mental Health
Services Agreement with Daystar Residential, Inc. for the provision of day
treatment medication support, and mental health services for Monterey
County's youth in the annual amount of $58,400 for Fiscal Year FY) 2010-
11, FY 2011-12, and FY 2012-13, for a total contract amount of $175,200;
and
b. Authorized the Director of Health to sign up to three future amendments to
this Agreement where the amendments do not exceed five percent 5%) of the
original contract amount and do not significantly change the scope of work.
GENERAL GOVERNMENT:
18. Approved Action Minutes of the Board of Supervisors meetings of Tuesday,
February 9, 2010; Friday, February 26, 2010; and Tuesday, March 2, 2010.
19. Agreement Nos. A-11666; A-11667 A-11668 A-11669 A-11670
a. Approved and authorized the Contracts/Purchasing Officer to execute County
Master Agreements with Central Coast Sign Language Interpreters A-11666),
Language Line Services, Inc.(A-11667), Language Quest A-11668),
Medialocate A-11669), and Richard Schneider Enterprises, Inc. A-11670),
for the provision of language translation/interpretation and/or sign language
services for the County of Monterey on an as-needed basis for the initial term
of two years from the date of execution through and including February 29,
2012, and to include the option to extend the Master Agreements for three 3)
additional one 1) year periods in accordance with the terms and conditions set
within each Agreement, and, the aggregate amount to be spent for all
Agreements issued under RFP No. 10184 shall not exceed $500,000;
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�Minutes March 23, 2010
Monterey County Board of Supervisors Page 10
b. Authorized the Contracts/Purchasing Officer to exercise the options therein
for three 3) additional one 1) year periods in accordance with the terms and
conditions set within each Agreement and
c. Authorized the Contracts/Purchasing Officer to execute similar additional
Agreements for language translation/interpretation and/or sign language
services with qualified contractors who meet the minimum requirements of
the County of Monterey.
RMA PLANNING DEPARTMENT:
20. Agreement Nos. A-11225; A-11226
a. Approved Amendment No. 4 to Professional Services Agreement No. A-
11225 with Denise Duffy & Associates, Inc. DDA) where the Base Budget is
increased by $66,510 to $384,840 with a Contingency increase of $9,977 to
$57,726, for a total amount not to exceed $442,566 to provide additional
services associated with the Environmental Impact Report EIR) for the Villas
de Carmelo PLN070497) in Carmel, Coastal Zone, for a term through
September 30, 2010;
b. Approved Amendment No. 4 to Funding Agreement No. A-11226 with
Carmel Hospital Development, LLC where the Base Budget is increased by
$66,510 to $384,840 and the County Surcharge is increased by $31,307 to
$138,563, with a Contingency increase of $9,977 to $57,726, for a total
amount not to exceed $581,129 to allow funding to Monterey County for costs
incurred by DDA and County departments to provide additional services
associated with the EIR for the Villas de Carmelo PLN070497) in Carmel,
Coastal Zone, for a term through September 30, 2010; and
c. Authorized the Director of Planning to execute Amendment No. 4 to
Professional Services Agreement No. A-11225, Amendment No. 4 to Funding
Agreement No. A- 11226 and future amendments to these Agreements where
the amendments do not significantly alter the scope of work or change the
approved Agreement amounts. PSA PD060228/Denise Duffy and
Associates)
RMA PUBLIC WORKS:
21. Agreement No. A-10741
a. Approved Amendment No. 3 to Professional Services Agreement No. A-
10741 with LSA Associates, Inc., to provide additional environmental
services to conduct cultural resource studies in order to prepare a Historical
Resources Evaluation Report as required by Caltrans and update the
Contractor's billing rates for the Davis Road Bridge Replacement Project,
County No. 208, at Salinas River, Project No. 360065, Federal Aid Project
No. BRLS-5944 068), including the widening of Davis Road to four lanes
between Blanco Road and Reservation Road in Monterey County in the
amount of $20,680 for a total amount not to exceed $416,925 for a term
through March 31, 2011; and
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�Minutes March 23, 2010
Monterey County Board of Supervisors Page 11
b. Authorized the Contracts/Purchasing Officer to execute Amendment No. 3 to
Professional Services Agreement No. A-10741 and future amendments to this
Agreement where the amendments do not exceed ten percent 10%) of the
original Agreement amount and do not significantly alter the scope of work.
RMA MONTEREY COUNTY REDEVELOPMENT AGENCY:
22. Acting as the Board of Directors of the Redevelopment Agency of the County of
Monterey:
Board Budget No. 09/10-120; Resolution No. 10-061; 10-062
a. Adopted Resolution No. 10-061 certifying the Final EIR, including adopting
Mitigation Monitoring and Reporting Plan, CEQA Findings, and a Statement
of Overriding Considerations for the Pajaro Park;
b. Adopted Resolution No. 10-062 finding that the conveyance of APN 117-221-
034 is exempt from CEQA;
c. Approved and authorized the Chair to sign a Real Property Acquisition and
Donation Agreement with Granite/PBC Pajaro, LLC for conveyance of 5.8
acres of land located at 24 San Juan Road in Pajaro APN 117-341-002, 117-
341-003, 117-331-025, and 117-221-034); Authorize the Director of
Redevelopment and Housing to accept and record the Grant Deed conveying
the property; and
d. Directed the Auditor-Controller to move appropriations within Fund 171, Unit
8210, in the amount of $200,000 from Object 6613 Other Professional and
Special Services, to Object 7511 Land.
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APPROVED MINUTES - APRIL 6, 2��
�MONTEREY COUNTY
BOARD OF SUPERVISORS
Fernando Atmenta
Louis R. Calcagno
Simon Salinas
Jane Parker
Dave Potter
Gail T. Borkowski
Clerk of the Board
P. O. Box 1728
Salinas, CA 93902
1st District Lew C. Bauman
2nd District County Administrative Officer
3rd District Chair)
4th District Vice-Chair) Charles J. McKee
5th District County Counsel
Phone: 831) 755-5066
FAX: 831) 755-5888
Www.co.monterey.ca.us
ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
MONTEREY COUNTY WATER RESOURCES AGENCY
TUESDAY, APRIL 6, 2010
9:00 A.M.
9:00 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno*, Parker, and Potter*.
* Supervisors Potter and Calcagno arrived prior to Closed Session.
1. Additions and Corrections for Closed Session: County Counsel announced agenda
corrections and proposed additions, which were acted on by the Board as provided in
Sections 54954.2 of the California Government Code:
Removed Under Closed Session:
2. a. Pursuant to Government Code section 54956.9(a), the Board will confer
with legal counsel regarding existing litigation:
1) Daniel P. Masto v. Natividad Medical Center MCSC Case No.
M103925)
CLOSED SESSION:
2. Closed Session under Government Code section 54950, relating to the following
items:
a. Pursuant to Government Code section 54956.9(a), the Board confered with
legal counsel regarding existing litigation:
1) Daniel P. Ma to Natividad Medical Center- MCSC C No x4l03mc)
Item Removed via Additions and Corrections.
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Monterey County Board of Supervisors Page 2
2) Stagecoach Territory, Inc. v. County of Monterey, et al. MCSC Case No.
M104908)
CLOSED SESSION REPORT: The Board conferred with counsel and
received an update on this matter.
b. Pursuant to Government Code section 54956.9(b), the Board conferred with
legal counsel regarding three items of significant exposure to litigation.
CLOSED SESSION REPORT: The Board conferred with counsel and
received updates from counsel on these items and how counsel is proceeding
to avoid litigation.
c. Pursuant to Government Code section 54957, the Board provided a
performance evaluation for the Natividad Medical Center CEO.
CLOSED SESSION REPORT: The Board conducted a performance
evaluation for the Natividad CEO and discussed a specific goal for the CEO
to accomplish. This will issue will return to the Board on a later date.
d. Pursuant to Government Code section 54956.9(a), the Board of Supervisors of
the Water Resources Agency conferred with legal counsel regarding existing
litigation.
1) In the Matter of the Application of California-American Water Company
U 210 W) for a Certificate of Public Convenience and Necessity to Construct
and Operate its Coastal Water Project to Resolve the Long-Term Water
Supply Deficit in its Monterey District and to Recover All Present and Future
Costs in Connection Therewith in Rates PUC A.04-09-019) PRIVILEGED
AND CONFIDENTIAL SETTLEMENT DISCUSSIONS SUBJECT TO
RULE 12.6 OF THE CPUC RULES OF PRACTICE AND PROCEDURE,
CALIFORNIA EVIDENCE CODE SECTION 1152, RULE 408 OF THE
FEDERAL RULES OF EVIDENCE, AND ALL OTHER SETTLEMENT
PROTECTIONS SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE,
THE WORK PRODUCT DOCTRINE, AND JOINT DEFENSE PRIVILEGE,
AND THE COMMON PURPOSE DOCTRINE
CLOSED SESSION REPORT: The Board of Supervisors for the Water
Resources Agency conferred with legal counsel In re the Matter of the
Application of California American Water Company at the CPUC for
Certificate of Public Convenience and Necessity. This item is related to S-4
item on today's agenda. The Board received an update from counsel on how
to proceed in the settlement proposal. The Board approved a settlement
agreement today in open session.
e. Pursuant to Government Code sections 549569(b) and 54956.9(c), the Board
will confer with legal counsel regarding one item of significant exposure to
litigation and/or potential initiation of a litigation case.
CLOSED SESSION REPORT: This item was removed from the agenda and
was not discussed.
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Monterey County Board of Supervisors Page 3
f. Pursuant to Government Code section 54957.6, the Board confered with labor
negotiators. Designated representatives: Keith Honda and Patricia Covert
Employee Organizations: All Units
CLOSED SESSION REPORT: The Board conferred with labor negotiators
and no final decisions were made in this matter.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker, and Potter.
3. The Pledge of Allegiance was led by Supervisor Armenta.
4. Additions and Corrections: The Clerk of the Board announced agenda corrections
and proposed additions which were acted on by the Board as provided in Sections
54954.2 of the California Government Code.
Due to the need for immediate consideration by the Board of matters which
arose after the posting of today's agenda, the Board is asked to make the
following additions and corrections:
Removed Under Consent Natividad Medical Center:
23. Adopt Resolution to amend the Personnel Policies and Practices Resolution
No. 98-394 to:
a. Add the Following Classification: Nuclear Medicine Technologist-Per
Diem;
b. Adjust the Salary Ranges for the Following Classifications: Senior
Sonographer, Radiologic Technologist-Per Diem, and Sonographer-Per
Diem; and
c. Revise Section A.9: Standby, as Indicated in Attachment A.
Motion by Supervisor Potter, seconded by Supervisor Armenta. ALL AYES
5. CONSENT CALENDAR REGULAR See Supplemental Sheet)
Supervisor Parker pulled Items 29, 37, 44. Matt Fore responded to Supervisor
Parker's questions regarding item 29.
Supervisor Parker commented on Item 37 and requested that the County
Administrative Office provide a report on the process for the hard hiring freeze,
and if possible, report to the Board in one quarter that includes information on
how any requests have been received, granted, and denied.
CAO Lew Bauman advised staff will provide that report and information as
requested in an expanded report.
Supervisors Parker, Potter, Salinas and Armenta commented on Item 44 and
asked questions of staff.
Public Comment on Item 44: Joel Panzer; Salvador Munoz; John Martinez;
Martin North.
County Counsel Charles McKee clarified the action requested today on Item 44.
Motion by Supervisor Potter, seconded by Supervisor Parker to approve the
Consent Calendar; approved allocation in Item 44 and directed staff to
return to the Capital Improvements Committee for a discussion with the
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�Minutes April 6, 2010
Monterey County Board of Supervisors Page 4
preservation community and considerations of the options that they
submitted today. ALL AYES
OTHER BOARD MATTERS:
6. Board Comments
Supervisor Parker advised of her Hot Drinks and Hot Topics discussions each
Monday evening at the Cherry Bean in Salinas. Her next special guests will be
Lew Bauman on April 12th and Harry Weis from Natividad Medical Center on
May 17`h. Information on discussion dates is available on the counter in
chambers. Supervisor Parker's next community meeting is scheduled on April
18th at the Marina Library and the topic is the Monterey County General Plan.
7. CAO Comments and Referrals: There were no comments or referrals.
8. Public Comment: Jan Shriner; Robert Juhler.
NOTE: Item 9 was heard after Item 13
RESOLUTIONS: Items 10 through 13 were heard concurrently.
10. Adopted Resolution No. 10-064 proclaiming April 11 through April 17, 2010,
National Library Week" in Monterey County. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
11. Adopted Resolution No. 10-067 proclaiming April 11 through April 17, 2010, as
Public Safety Dispatchers Week" in Monterey County. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
12. Adopted Resolution No. 10-066 proclaiming the Month of April as Traumatic
Brain Injury Awareness Month" in Monterey County. Full Board)
Public Comment: Alma Almanza; Jennifer Ramirez.
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
13. Adopted Resolution No. 10-063 honoring Gladys Allen on their Retirement from
the County of Monterey after years of dedicated service.
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
9. a. Received a report from the California State Association of Counties CSAC)
regarding the State Budget, and CSAC programs and services; and
b. Adopted Resolution No.10-068 declaring the month of April as County
Government Month.
Motion by Supervisor Armenta, seconded by Supervisor Parker. ALL AYES
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�Minutes April 6, 2010
Monterey County Board of Supervisors Page 5
APPOINTMENTS: Items 14 and 15 were heard concurrently.
14. Reappointed Esther Rubio to the Children & Families Commission, term ending
March 31, 2013. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
15. Appointed Robert Egnew to the Central California Coast Alliance for Health to
fill an unexpired term ending December 31, 2011. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
SCHEDULED MATTERS:
S-1 a. Reviewed and directed final edits to the response to the Monterey County
Civil Grand Jury 2009 Year-End Final Report in consideration of approval
with additional edits as follows:
Under Emergency Medical Services response to F.2. 1, the very the last
sentence now reads, Agency staff will return to the Board of Supervisors with
a report on the results of the process, including any resources need;
b. Approved the amended response to the Monterey County Civil Grand Jury
2009 Year-End Final Report;
c. Directed the County Administrative Officer to file the approved response with
the Presiding Judge of the Superior Court, County of Monterey, by April 9,
2010; and
d. Received an informational copy of the response by the Auditor-Controller and
the Sheriff to the Monterey County Civil Grand Jury 2009 Year-End Final
Report.
Motion by Supervisor Parker, seconded by Supervisor Armenta. ALL AYES
S-2 Adopted Resolution of Intention No. 10-075, to return to the Board on April 13,
2010, to:
a. Consider adoption of resolution adopting the Negative Declaration prepared
on the proposed ordinance regarding polystyrene foam;
b. Consider adoption of an Ordinance adding Chapter 10.42 to the Monterey
County Code to establish regulations restricting the use of polystyrene foam
food packaging by retail food providers in the unincorporated area of the
County of Monterey; and
c. Direct the Auditor-Controller to establish an account pursuant to Chapter
1.22.180 of the Monterey County Code for the purpose of remitting penalties
collected under this ordinance to the Health Department, Environmental
Health Bureau. Ordinance PLN090146)
Public Comment: Emily Glanville; Denise Fishmont; Jan Shriner; Angela
Brantley; Nancy Selfridge; Kay Kline, Lizzie Canter; Patrick Matthew;
Mr. unintelligible] Craft; Linda Sayer; Laura Casa; Christy unintelligible].
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
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�Minutes April 6, 2010
Monterey County Board of Supervisors Page 6
Recessed to Lunch Continued Closed Session
RECONVENED 1:30 P.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker, and Potter.
SCHEDULED MATTERS:
S-3 Adopted Resolution of Intention No. 10-088 denying staff recommendation
to:
a. Grant an appeal by Michael Moeller from the January 26, 2010 Planning
Commission denial of an application PLN060251 /Moeller) for a Lot Line
Adjustment and new single family home;
b. Adopt a Mitigated Negative Declaration and associated Mitigation Monitoring
and Reporting Program;
c. Conditionally approve a Combined Development Permit consisting of: 1)
Coastal Development Permit for a Lot Line Adjustment consisting of an equal
exchange of land between two legal lots of record resulting in no change of
area: Lot 5 APN: 243-181-005-000/192 San Remo Road) has 0.61 acres and
Lot 6 APN: 243-181-006-000/194 San Remo Road) has 0.85 acres; 2)
Coastal Administrative Permit and Design Approval to allow the construction
of a three-story 3,994 square foot single family dwelling with a 643 square
foot three-car garage, 858 square feet of deck area, and grading
approximately 523 cubic yards of cut and 89 cubic yards of fill); 3) Coastal
Development Permit for development on slopes in excess of 30%; 4) Coastal
Development Permit for the removal of nine Monterey pine trees and eight
coastal live oak trees; and
d. Deny a Fee Waiver request. PLN060251/ Moeller, 192 and 194 San Remo
Drive, Carmel Area Land Use Plan, Coastal Zone); and directed staff to
return on May 11, 2010 with the appropriate findings and conditions of
denial.
Pam Silkwood, Esq. for applicant Anthony Lombardo for Lewis's
Public Comment: Bill Daniels, Esq. for Mrs. De La Rosa; David Garnum; Brian
Call, Esq. for Mary Whitney; Dr. Moeller; Carla Barnum; Russell Hoxey; Leland
Lewis; Pat Ward.
Motion by Supervisor Potter, seconded by Supervisor Parker. ALL AYES
S-4 Considered the Regional Project and acted as follows:
a. Reviewed and considered the Final EIR as certified by the CPUC on
December 17, 2009 in Decision D.09-12-017 and the Addendum released by
the CPUC's consultant on March 24, 2010;
b. Approved and adopted Resolution No. 10-091, approving the Findings
attached hereto as Attachment A, which are incorporated herein and include a
Statement of Overriding Considerations;
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�Minutes April 6, 2010
Monterey County Board of Supervisors Page 7
c. Approved and adopted the mitigation measures identified and proposed in the
Final EIR as tailored to MCWRA's role as a responsible agency as set forth in
the Findings;
d. Conditionally approved the Regional Desalination Project, contingent on final
approval by the CPUC Conditional Project Approval); and
e. Directed staff to take all other actions that may be necessary to effectuate this
Conditional Project Approval, including, but not limited to, executing the
Settlement Agreement and Water Purchase Agreement attached hereto as
Attachments B and C.
Public Comment: Bob McKenzie, Libby Downey support); Kevin Stone; Bill
Carrothers; Kevin Tilden; Ron Chesshire; Tom Rowley; Paul Bruno; Mr. Malik;
Don Ask; Ann Love McPherson; Ralph Rubio; Eric Tynan; Ed Mitchell; Jan
Shriner; Margaret Robbins; Hans Jongens; Amy White; Loren Latranda; Clive
Sanders; Molly Erickson; Jan Mitchell; Sheri Damon.
Kim O'Brien, Special Counsel to the Agency, recommended the language on page
7 of the Findings, second to last bullet, which reads:`
f
CPUC, be changed to read: all CPUC
documents regarding the projects in the possession of MCRA".
Motion #1 by Supervisor Potter, seconded by Supervisor Calcagno to
approve staff recommendations as to items a., b., c., and d. listed as
recommendations 1, 2, 3, 4 in staff report), and changes to page 7, second to
last bullet, of the Findings which now reads: all CPUC documents
regarding the projects in the possession of MCRA". ALL AYES
Motion #2 by Supervisor Potter, seconded by Supervisor Calcagno to
approve staff recommendation e. listed as recommendation 5 in staff
report). 4 1 Supervisor Parker dissented)
Closed Session Report See 2. a-f)
ORDER FOR ADJOURNMENT
ClerlIof the_Boa4-d
SIMON SAUNAS, CHAIR
BOARD OF SUPERVISORS
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Monterey County Board of Supervisors Page 8
Supplemental Sheet)
CONSENT CALENDAR
NATIVIDAD MEDICAL CENTER:
16. Agreement No. A-11671 Authorized the Purchasing Manager for Natividad
Medical Center to execute Amendment No. 1 to the Agreement with Fernandes &
Sons General Contractors for cafeteria improvement services at NMC in an
amount not to exceed $207,185 an increase of $110,579) for the period February
1, 2010 to June 30, 2010.
17. Agreement No. A-10169 Authorized the Purchasing Manager for Natividad
Medical Center to execute Amendment No. 5 to the Agreement A-10169) with
Healthcare Financial Services HFS) Consultants for Medical Record Scanning,
Coding, Abstracting, Healthcare Consulting and Interim Staffing Services at
NMC in an amount not to exceed $3,924,000 an increase of $904,000) for the
period March 1, 2010 and extending the term date to June 30, 2011.
18. Agreement No. A-11546 Authorized the Purchasing Manager for Natividad
Medical Center to execute Amendment No. 2 to the Agreement with Healthcare
Services Management Inc. for MediTech Project Manager Services per RFP No.
9600-1 at NMC in an amount not to exceed $456,010 an increase of $56,520) for
the period February 15, 2010 to September 30, 2010.
19. Agreement No. A-11672 Authorized the Purchasing Manager for Natividad
Medical Center to execute an increase to the Fiscal Year 2009-10 not to exceed"
amount of Master Agreement RFP No. 10093) between NMC and all Nursing
Registry Agency's currently providing services at NMC in an amount not to
exceed $1,615,030 an increase of $350,000) for the term March 1, 2010 through
June 30, 2010.
20. Agreement No. A-11673 Authorized the Purchasing Manager for Natividad
Medical Center to execute the Agreement with Total Renal Care, Inc. for Dialysis
services at NMC in an amount not to exceed $1,500,000 for the period March 1,
2010 to December 31, 2013.
21. Agreement No. A-11674 Authorized the Purchasing Manager for Natividad
Medical Center to execute Amendment No. 3 to the Agreement with First
Databank for Pharmacy Software Licensing Services in an amount not to exceed
$50,000 for the period January 1, 2010 to December 31, 2010.
22. The Monterey County Board of Supervisors received and approved the Hiring
Guideline Report from Natividad Medical Center; additionally, the Board
exempts NMC from the recently adopted hiring freeze to be consistent with the
Human Resource Delegation of Authority for NMC.
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�Minutes April 6, 2010
Monterey County Board of Supervisors
23. Removed via Additions and Corrections
meter
Page 9
P
98 3994 tom
e
All@
26nno iog
bTdjust theSaIaFTRa+tgesfor- the Following Classifications: Senior
ea
HEALTH AND SOCIAL SERVICES:
24. Adopted Resolution No. 10-069 to approve the amendment of the bylaws for the
Monterey County Emergency Medical Care Committee.
25. Agreement No. A-11196 Approved and authorized the Contracts/Purchasing
Officer to sign Amendment No. 2 to a Mental Health Services Agreement No. A-
11196 with Davis Guest Home, Inc. for the provision of mental health treatment
services to adults with severe psychiatric disabilities, increasing the Agreement in
the amount of $301,125 for Fiscal Year 2009-10 for a revised total maximum
Agreement in the amount of $1,645,352.
26. Agreement No. A-11453 Approved and authorized the Contracts/Purchasing
Officer to sign Amendment No. 1 to the Mental Health Services Agreement No.
A- 11453 with 7th Avenue Center, LLC for the provision of mental health
treatment services to adults with psychiatric impairments and disabilities
increasing the Fiscal Year 2009-10 amount by $341,242 for a revised FY 2009-10
amount of $812,377, and a revised total Agreement amount of $1,754,647, with
no change in the original term of FY 2009-10 thru FY 2011-12.
27. Agreement No. A-11675
a. Approved and authorized the Director of the Department of Social and
Employment Services, or his designee, to sign Amendment No. 2 to PSA No.
680 with YWCA Monterey County to provide domestic violence prevention
services in South County, adding $95,988, increasing the total contract
amount to $155,988, and extending the term to July 1, 2009 through August
31,2010; and
b. Authorized the Director of the Department of Social and Employment
Services, or his designee, to sign up to three 3) amendments to this agreement
where the total amendments do not exceed ten percent 10%) of the original
contract amount, and do not significantly change the scope of work.
28. Agreement No. A-11767; Board Budget No. 09/10-121
a. Approved and authorized the Director of the Department of Social and
Employment Services, or his designee, to sign Agreement Number IOF-4076
with the Department of Community Services and Development for a $99,985
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Monterey County Board of Supervisors Page 10
grant, for the period January 1, 2010 through September 30, 2010 to fund the
Rancho Cielo Wildland Fire Suppression Training Program;
b. Authorized the Director of the Department of Social and Employment
Services, or his designee, to sign up to three 3) amendments to this agreement
where the total amendments do not exceed ten percent 10%) of the original
contract amount, and do not significantly change the scope of work; and
c. Directed the Auditor-Controller to increase appropriations and estimated
revenues by $99,985 in 008-5010-S00007-8257. 4/5th vote required)
29. Resolution No. 10-070
a. Approved an amendment to delete Section 18, Land Use Restrictions, of the
Salinas Valley Solid Waste Authority Joint Powers Agreement relating to the
establishment of restrictions on land use within a 2,500 foot circumference of
landfills within the jurisdiction of the Salinas Valley Solid Waste Authority;
b. Authorized the Chair of the Board of Supervisors to sign the amendment; and
c. Directed the Clerk of the Board of Supervisors to transmit the executed
amendment to the Salinas Valley Solid Waste Authority.
30. Resolution No. 10-071 approved an amendment to the bylaws of the Community
Restorative Justice Commission.
31. Board Budget No. 09/10-122
a. Approved the realignment of estimated state revenues and related
appropriations in the amount of $181,437 in Department 2550-Probation;
b. Amended 2550-Probation Budget to reduce estimated revenues and
appropriations by $235,814 in Budget 8162, and by $35,600 in Budget 8165,
due to a decrease of state Vehicle License Fee VLF) revenue and reduced
program activity during Fiscal Year FY) 2009-10 4/5th vote required);
c. Accepted a grant from the California Emergency Management Agency
CaIEMA) for the Evidence-Based Probation Supervision EBPSP) program
in the amount of $525,877 for FY 2009-2013; and
d. Directed the Auditor-Controller to increase estimated revenues and
appropriations Probation Unit 8165 for $13,878 from EBPSP; and in
Probation Unit 8162 for $40,638 from the Soledad Safe Schools/ Healthy
Initiative grant, and for $67,803 from the Youthful Offender Block Grant
YOBG) during FY 2009-10 4/5th vote required).
GENERAL GOVERNMENT:
32. Board Budget No. 09/10-123
Adopted Resolution No. 10-072 to amend Personnel Policies and Practices
Resolution No. 98-394 to:
a. Re-title the Water Maintenance Helper to Water Maintenance Worker I and
the Water Maintenance Worker to Water Maintenance Worker II;
b. Amend the Fiscal Year FY) 2009-10 Water Resources Agency's budgeted
positions to reflect the above changes; and
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�a
t
Minutes April 6, 2010
Monterey County Board of Supervisors Page 11
c. Direct the Auditor-Controller to incorporate this change in the FY 2009-10
Water Resources Agency budgeted positions.
33. a. Adopted policy related to the Board taking positions on ballot initiatives; and
b. Received the action minutes from the February 18, 2010 meeting of the
Legislative Committee.
34. Received the 2009 Housing Element Implementation Report.
35. Approved the use of County Park facilities on May 23, 2010 for one function by
the Young Nak Presbyterian Church in compliance with Monterey County Code
14.12.130.
36. a. Adopted Resolution No. 10-073 to authorize the Parks Director to file an
application with the California State Office of Historic Preservation SOHP)
for a grant in the amount of $25,000 for Fiscal Year 2010-11 to fund a context
statement for Monterey County's historic agricultural resources; and
b. Authorized the Parks Director, or his designee, to coordinate, process, and
execute all contracts, agreements, amendments, and ancillary documents
within the scope of the application to accept the grant.
37. Received Hard Hiring Freeze" Administrative Procedure effective March 16,
2010 to be administered by the County Administrative Officer exclusive of
Natividad Medical Center.
38. Adopted Resolution No. 10-074 to amend Personnel Policies and Practices
Resolution No. 98-394, effective April 10, 2010, to re-letter the following
sections as outlined in Exhibit 2: Layoff and Recall Procedures for Unrepresented
Employees; Disciplinary Actions; and Grievance Procedure.
39. Authorized the Chair and Agricultural Commissioner to sign a letter to the Central
Coast Regional Water Quality Control Board RWQCB) regarding the
preliminary draft Agricultural Order to Control Discharges from Irrigated Lands.
Added via Addendum)
RMA PUBLIC WORKS:
40. Introduced, waived the reading, and set April 27, 2010, at 10:30 a.m. to consider
adoption of an ordinance amending the Monterey County Code, Title 12, Section
12.28.010, to establish no parking at any time on the west side of San Benancio
Road from a point 30 feet north of the extension of the centerline of Harper
Canyon Road, southerly for a distance of 100 feet, San Benancio area.
41. Introduced, waived the reading, and set April 27, 2010, at 10:30 a.m. to consider
adoption of an ordinance amending the Monterey County Code, Title 12, Section
12.28.070, to revise the times and days of effectiveness of an existing 24-minute-
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Monterey County Board of Supervisors Page 12
limit parking location on Porter Drive from between 8:00 a.m. and 5:00 p.m.,
Monday through Friday, to between 8:00 a.m. and 8:00 p.m., all days, in Pajaro.
42. 2010CONST003
a. Approved the Plans and Special Provisions for the project to Rehabilitate Fire
Doors 1412 Natividad, Project No. 8530, Bid Package No. 10231; and
b. Authorized the Clerk of the Board to advertise the Notice to Contractors" in
The Californian on April 12 and April 19, 2010.
43. Board Budget No. 09/10-124
a. Approved the transfer of $330,000 from Capital Projects Fund, Fund 402,
Unit 8174, Appropriation Unit RMA014, Account 7521 Unspecified-Needs
Board Approval) and allocate to Treasurer-Tax Collector Fund, Fund 001,
Unit 1170 8266, Appropriation Unit TRE001, for the Remittance Processing
Replacement 2 Machines project;
b. Directed the Auditor-Controller to move appropriations in the amount of
$330,000 within Capital Projects Fund, Fund 402, Unit 8174, Appropriation
Unit RMA014, from Account 7521 Unspecified Needs Board Approval) to
Account 7614 Operating Transfers Out); and
c. Directed the Auditor-Controller to amend the FY 2009-10 by increasing
revenue and appropriations to Treasure-Tax Collector Fund, Fund 001, Unit
1170 8266, Appropriation Unit 8266 TRE001, Accounts 5940 and 7531,
Operating Transfers In, and Personal Property Equipment, respectively) in
the amounts of $330,000 4/5th vote required). Changes via Addendum)
44. Board Budget No. 09/10-125
a. Approved the reallocation of $789,000 from Capital Projects Fund, Fund 402,
Unit 8174, Account 7521 Unspecified-Needs Board Approval) to Capital
Projects, Fund 402, Unit 8174, Appropriation Unit RMA014; and
b. Directed the Auditor-Controller to move appropriations in the amount of
$789,000 within Capital Projects Fund, Fund 402, Unit 8174, Appropriation
Unit RMA014, from Account 7521 Unspecified Needs Board Approval) to
Account 7551 Construction in Progress) 4/5th vote required).
See Consent vote Item 5)
Motion by Supervisor Potter, seconded by Supervisor Parker to approve
staff recommendation; additionally directed staff to return to the Capital
Improvements Committee for a discussion with the preservation community
and considerations of the options that they submitted today. ALL AYES
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APPROVED MINUTES - APRIL 13, ��
�MONTEREY COUNTY
BOARD OF SUPERVISORS
Fernando Armenta
Louis R. Calcagno
Simon Salinas
Jane Parker
Dave Potter
Gail T. Borkowski
Clerk of the Board
P. O. Box 1728
Salinas, CA 93902
1st District Lew C. Bauman
2nd District County Administrative Officer
3rd District Chair)
4th District Vice-Chair) Charles J. McKee
5th District County Counsel
Phone: 831) 755-5066
FAX: 831) 755-5888
www.co.monterey.ca.us
ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
MONTEREY COUNTY WATER RESOURCES AGENCY
TUESDAY, APRIL 13, 2010
9:00 A.M.
9:00 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker and Potter.
1. Additions and Corrections for Closed Session: There were no additions or
corrections.
2. Closed Session under Government Code section 54950, relating to the following
items:
a. Pursuant to Government Code section 54957.6, the Board will confer with
labor negotiators.
1) Designated representatives: Keith Honda and Patricia Covert
Employee organizations: All Units
CLOSED SESSION REPORT: The Board conferred with designated
representatives and provided direction on how to proceed in these
negotiations.
b. Pursuant to Government Code section 54956.9(a), the Board will confer with
legal counsel regarding existing litigation.
1) Latonya Moore v. County of Monterey MCSC Case No. M91935)
CLOSED SESSION REPORT: The Board conferred with counsel and
provided mediation settlement authority to counsel. If settlement is achieved,
the settlement agreement will be available in the office of County Counsel.
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�Minutes April 13, 2010
Monterey County Board of Supervisors Page 2
2) Daniel P. Masto v. Natividad Medical Center, et al. MCSC Case No.
M 103925)
CLOSED SESSION REPORT: The Board conferred with counsel and
authorized settlement. If settlement is reached, the settlement agreement will
be available in the office of County Counsel.
3) Stagecoach Territory, Inc. v. County of Monterey, et al. MCSC Case No.
M104908)
CLOSED SESSION REPORT: The Board heard an update regarding past
court hearings on this matter also known as the Red Barn) and provided
direction on the court hearing scheduled on April 15, 2010 in Monterey.
c. Pursuant to Government Code section 54956.9(b), the Board will confer with
legal counsel regarding one item of significant exposure to litigation.
CLOSED SESSION REPORT: The Board conferred with counsel and
provided direction on how to resolve this matter. If this matter is resolved
through a settlement agreement, the agreement will be available through the
office of County Counsel.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker and Potter.
3. The Pledge of Allegiance was led by Clerk of the Board Gail T. Borkowski.
4. Additions and Corrections: The Clerk of the Board announced Consent Items 37
and 38 were renumbered to S-3 and S-4, respectively.
5. CONSENT CALENDAR REGULAR See Supplemental Sheet)
Supervisor Calcagno pulled Item 40 for comment and questions. Item 40 was
trailed to the afternoon.
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
the Consent Calendar with the exception of Item 40. ALL AYES
6. CONSENT CALENDAR PAJARO COUNTY SANITATION DISTRICT
Motion by Supervisor Calcagno, seconded by Supervisor Parker to approve
Item 40. ALL AYES heard in the afternoon)
OTHER BOARD MATTERS:
7. Board Comments: There were no Board comments.
8. CAO Comments and Referrals: There were no CAO comments.
9. Public Comment Limited to 3 minutes per speaker)
David Quevedo
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�Minutes April 13, 2010
Monterey County Board of Supervisors Page 3
RESOLUTIONS Items 10 through 18.1 heard concurrently
10. Adopted Resolution No. 10-076 honoring the Alisal High School Boys Soccer
Team as the 2010 Central Coast State CCS) Division I Champions. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
11. Adopted Resolution No. 10-077 honoring the North Salinas High School Girls
Basketball Team as the 2010 Central Coast State CCS) Division I Champions.
Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
12. Adopted Resolution No. 10-078 honoring Carol Hayward upon her selection as
one of Six Outstanding Woman of Monterey County for 2010. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
13. Adopted Resolution No. 10-079 honoring Jeannette Marie Pendergrass upon her
selection as one of Six Outstanding Women of Monterey County for 2010. Full
Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
14. Adopted Resolution No. 10-080 honoring Sagrario Perea de Perez upon her
selection as one of Six Outstanding Women of the Monterey County for 2010.
Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
15. Adopted Resolution No. 10-081 honoring Gloria Torrez Navarro upon her
Selection as one of Six Outstanding Woman of Monterey County for 2010. Full
Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
16. Adopted Resolution No. 10-082 honoring Mary Dandridge upon her selection as
one of Six Outstanding Woman of Monterey County for 2010. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
17. Adopted Resolution No. 10-090 honoring Sherrie Yokomizo McCullough upon
her selection as one of Six Outstanding Women of Monterey County for 2010.
Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
18. Adopted Resolution No. 10-083 proclaiming the week of April 18 through the
April 24, 2010, as National Volunteer Week" in Monterey County. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
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APPROVED MINUTES - APRIL 13, ��
�Minutes April 13, 2010
Monterey County Board of Supervisors Page 4
18.1 Adopted Resolution No. 10-084 proclaiming the Week of April 19, 2010, as
Monterey County Work Zone Awareness Week. Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
APPOINTMENTS: Items 19 through 23 heard concurrently
19. Reappointed Edward 0. Fischer to the Parks Commission, term ending April 26,
2014. Supervisor Salinas)
Motion by Supervisor Armenta, seconded by Supervisor Potter. ALL AYES
20. Reappointed Roger Soell to the Parks Commission, term ending April 26, 2014.
Supervisor Parker)
Motion by Supervisor Armenta, seconded by Supervisor Potter. ALL AYES
21. Reappointed Maria Orozco to the Monterey County Housing Advisory
Committee, term ending April 21, 2012. Supervisor Salinas)
Motion by Supervisor Armenta, seconded by Supervisor Potter. ALL AYES
22. Appointed Louann N. Raras to the Commission on the Status of Women, term
ending February 1, 2013. Supervisor Salinas)
Motion by Supervisor Armenta, seconded by Supervisor Potter. ALL AYES
23. Reappointed Frank Aguillon to the Military & Veterans Affairs Committee, term
ending January 1, 2013. Supervisor Calcagno)
Motion by Supervisor Armenta, seconded by Supervisor Potter. ALL AYES
SCHEDULED MATTERS:
S-1 a. Conducted a public hearing under the requirements of the Tax Equity and
Financial Responsibility Act TEFRA) and the Internal Revenue Code of
1986, as amended for the Cynara Court Affordable Housing Project located at
10860-10868 Merritt Street and 10201-10203 Merritt Street in Castroville
being developed by Mid-Peninsula Housing Coalition and
b. Adopted Resolution No. 10-092 approving the issuance of up to $11,700,000
in Private Activity Bonds by the California Municipal Finance Authority
CMFA) for the benefit of Mid-Peninsula Castroville Associates, L.P. to
provide for the financing of the Project.
Motion by Supervisor Parker, seconded by Supervisor Calcagno. ALL
AYES
S-2 Continued the public hearing as requested by Monterey County staff, to May
4, 2010, on the application from Mid-Valley Fire Protection District GPZ09003)
consisting of:
a. General Plan Amendment to change the General Plan Land Use Designation
of 0.35 acres from Public-Quasi-Public" to Low Density Residential";
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APPROVED MINUTES - APRIL 13, ��
�Minutes April 13, 2010
Monterey County Board of Supervisors Page 5
b. Amendment to the zoning ordinance to rezone 0.35 acres from Public-Quasi-
Public" zoning district to Low Density Residential" district; and
c. Combined Development Permit consisting of 1) Minor Subdivision Tentative
Map to allow the division of a 1.98 acre parcel into two parcels of 0.35 acres
Parcel 1) and 1.63 acres Parcel 2); and 2) a variance to allow a reduction of
the minimum lot size from 1 acre to 0.35 acres in the Low Density
Residential" zoning district. General Plan Amendment GPZ090003/Carmel
Valley Fire Protection District, Carmel Valley Master Plan area)
Motion by Supervisor Armenta, seconded by Supervisor Calcagno. ALL
AYES
S-3 Considered staff recommendations and:
a. Authorized the expenditure of $155,000 from the County's Capital Projects
Fund 402 to Aromas Water District for preparation of an Engineer's Report to
include surveying, engineering and design fees, Appraisers Fee, LAFCO
Report Fee and Environmental Document costs for the connection of Oak
Ridge Mutual Water Company and portion of Via Del Sol Drive Area to the
Aromas Water System;
b. Transferred $155,000 from County Capital Projects Fund 402, Unit 8174,
Account 7521, Buildings and Improvements to Account 7201, Contributions
to Other Agencies;
c. Authorized the County Administrative Officer to execute an Agreement with
the Aromas Water District outlining the Agreement Terms for Funding of
specified work and repayment via successful Proposition 218 Assessment
District; and
d. Authorized, should Assessment District fail, the County funds provided to
Aromas Water District will be deemed a County Contribution without
repayment. This item was moved from the Consent Calendar)
CAO Bauman advised of questions from James Safranek and Molly Erickson.
Staff responded.
Public Comment: Glen McGowan; Jenny Arguello read letter from neighbor;
Laurie Bronnar; Judi Taylor; Mary Bannister; Carolyn Anderson; Mike
Livermore; Sid Matt; Julie Engel; John Webster; Suzie Peterson; Jan Mitchell;
Steve Collins; The Chair announced that William Brady, Sharon Brady, Melissa
Beeks, C. Chitwood, and Nick Pizzica submitted speaker cards in support of the
recommendations but did not speak.
Motion by Supervisor Calcagno, seconded by Supervisor Armenta. ALL
AYES
S-4 Considered and approved the following staff recommendations:
a. Authorized loan in the amount of $195,900 to Monterey County Water
Resources Agency from the County's Capital Project Fund 402 for
preparation of Environmental Impact Report for the Granite Ridge Water
Supply Project;
b. Authorized repayment of this loan from the following sources, Proposition 84,
successful Proposition 218 ballot proceeding, or repayment from Monterey
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APPROVED MINUTES - APRIL 13, ��
�Minutes April 13, 2010
Monterey County Board of Supervisors Page 6
County Water Resources Agency Ad Valorem Taxes or any of its other
appropriate revenue sources. Terms of this loan to be developed by the
County Administrative Office and the Water Resources Agency;
c. Directed Auditor-Controller to set up loan repayment; and
d. Amended Fiscal Year 2009-10 Capital Project Fund 402 Budget to provide for
transfer of funds to Monterey County Water Resources Agency Budget as
indicated in the Board Order. This item was moved from the Consent
Calendar)
Public Comment: J Eric Tynan; Lou Solton; Dell Matt; Don Rochester; Julie
Engel; Sid Matt; Steve Collins.
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
Recessed to Lunch Continued Closed Session Joint Board Leadership Meeting
cancelled)
RECONVENED
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker and Potter.
CLOSED SESSION REPORT: see 2 a-c)
ORDER FOR ADJOURNMENT
C
SIMON,,SALINAS,
BOABO SUPE
ATTEST: GAIL T. BORKOWS
C1er of the Board
a/., /I,,-.
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APPROVED MINUTES - APRIL 13, ��
�Minutes April 13, 2010
Monterey County Board of Supervisors Page 7
Supplemental Sheet)
CONSENT CALENDAR
NATIVIDAD MEDICAL CENTER:
24. Agreement No. A-11677 Authorized the Purchasing Manager for Natividad
Medical Center NMC) to execute Amendment No. 2 to the Agreement with
Gallun Snow Associates Inc. for Interior Design and Design Master Planning
Services at NMC in an amount not to exceed $198,500 an increase of $60,000)
for the period March 1, 2010 to June 30, 2010.
25. Adopted Resolution No. 10-085 to amend Personnel Policies and Practices
Resolution No. 98-394 to:
a. Added the classifications of Hospital Decision Support Manager and Hospital
Decision Support Analyst;
b. Amended the Fiscal Year FY) 2009-10 NMC Budget Unit 9600 to add one
1) FTE Hospital Decision Support Manager, and delete one 1) FTE
Management Analyst III; and
c. Directed the Auditor-Controller's Office and the County Administrative
Office to incorporate this budgetary change in the FY 2010-11 adopted
budget.
HEALTH AND SOCIAL SERVICES:
26. a. Adopted Resolution No. 10-086 to amend the Fiscal Year FY) 2009-10
Department of Social & Employment Services, Budget Unit SOC 006-001-
5010-8256 to delete one 1.0) FTE Office Assistant III position and add one
1.0) FTE Principal Office Assistant position; and
b. Directed the Auditor-Controller to incorporate this change in the Department
of Social & Employment Services FY 2009-10 Final Budget SOC 006-001-
5010-8256.
27. a. Approved and amended the Fiscal Year FY) 2009-10 Department of Social &
Employment Services Adopted Budget to add 18.0 FTEs;
b. Directed the Auditor-Controller to amend the Department of Social &
Employment Services FY 2009-10 Adopted Budget S00009-007-5010-8261
to increase appropriations and estimated revenues of $6,140,394 and reflect
position allocations as indicated on the accompanying Board Order 4/5th vote
required); and
c. Directed the Auditor-Controller's Office and the County Administrative
Office to amend the FY 2009-10 Budget and incorporate approved changes in
the FY 2010-11 adopted budget.
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APPROVED MINUTES - APRIL 13, ��
�Minutes April 13, 2010
Monterey County Board of Supervisors Page 8
27.1 a. Adopted Resolution No. 10-087 adopting the Negative Declaration prepared
on the proposed ordinance regarding polystyrene foam food packaging;
b. Adopt Ordinance 5156, as modified per the Board of Supervisors' direction on
April 6, 2010, adding Chapter 10.42 to the Monterey County Code to establish
regulations restricting the use of polystyrene foam food packaging by retail
food providers in the unincorporated area of the County of Monterey; and
c. Directed the Auditor-Controller to establish an account pursuant to Chapter
1.22.180 of the Monterey County Code for the purpose of remitting penalties
collected under this ordinance to the Health Department, Environmental
Health Bureau. Ordinance PLN090146)
CRIMINAL JUSTICE:
28. Approved and authorized the District Attorney to sign and submit applications,
including any extensions or amendments thereof, for continued funding for Fiscal
Year 2010-11 from State agencies for five District Attorney's Office assistance
and prosecution programs as identified in the Board Order.
GENERAL GOVERNMENT:
29. Authorized the Registrar of Voters to consolidate and render specified election
services to certain districts relating to the conduct of the June 8, 2010
Consolidated Statewide Primary Election.
30. Adopt Resolution No. 10-089 to amend Personnel Policies and Practices
Resolution No. 98-394 to add Section B.18 Lactation in the Workplace. Board
Referral 2009.25)
31. a. Approved specifications for concrete multi-use improvements at Laguna Seca
Recreation Area, Bid No. 10239;
b. Authorized and directed the Clerk of the Board to advertise the Notice to
Bidders" in the Salinas Californian on April 16 and April 23, 2010; and
c. Set May 6, 2010 at 1:00 pm for the opening of the bids.
32. a. Agreement No. A-11678 Approved and authorized the Contracts/Purchasing
Officer to sign the Agreement for the purchase of Mobile Data
Communications Infrastructure Equipment Utilizing Fiscal Year FY) 2008
Federal Assistance to Firefighters Grant Funding" AFG MOU) with the City
of Monterey for the period of December 1, 2009 through six 6) months after
notice of completion of the project has been recorded by the Preparedness
Directorate's Office of Grant and Training;
b. Agreement No. A-11679 Approved and authorized the Contracts/Purchasing
Officer to sign an Agreement for End User Software License, Software
Implementation Services and Software Maintenance" Radio IP Agreement)
with RadiolP Software, Inc. in the amount of $36,143.75 for perpetual
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APPROVED MINUTES - APRIL 13, ��
�a
Minutes April 13, 2010
Monterey County Board of Supervisors Page 9
software licenses and software implementation services for a term of April 15,
2010 through December 31, 2010;
c. Accepted non-standard insurance, liability, and indemnification provisions in
the RadiolP Agreement as recommended by the Director of Information
Technology;
d. Approved and authorized the Contracts/Purchasing Officer to sign
amendments to the RadiolP Agreement not to exceed a total cost of $100,000
for additional licenses requested by end-users and for additional services as
requested by the Director of Information Technology provided that all
additional terms are approved by County Counsel;
e. Approved and authorized the Contracts/Purchasing Officer to sign up to 3 one
year extensions to the RadiolP Agreement for software maintenance services;
f. Authorized the purchase of fixed assets totaling $36,278;
g. Directed the Auditor-Controller's Office and the County Administrative
Office to amend the FY 2009-10 Budget; and
h. Increased revenue and appropriations in Information Technology budget as
detailed in the Board Order 4/5th vote required).
33. Approved and adopted the Action Minutes of the Board of Supervisors meeting of
Tuesday, February 23, 2010.
34. Approved and adopted revisions to the Bylaws of the Equal Opportunity Advisory
Commission.
35. a.Approved Amendment No. 3 extending the Management Agreement Interim
Agreement A-11144)" between Forever Resorts, doing business as
Monterey Lake Resorts and Marinas, LLC", and the County of Monterey one
year to operate the resort businesses at Lake Nacimiento and Lake San
Antonio until April 23, 2011; and
b. Authorize the Board Chair to sign Agreement Amendment No. 3.
36. a.Approved and authorized the transfer of funds in the amount of $4,500 from
Fund 020 Restricted Revenue Designations to Fund 001 Budget Unit 8004
Clerk-Recorder's Fund to compensate RMA to assist Contracts/Purchasing to
generate and advertise an RFP for the purpose of selecting a qualified security
system design professional for the Assessor-County Clerk/Recorder Security
Camera Project;
b. Increased revenue and appropriations in the amount of $4,500 in Fund 001
Budget Unit 8004 4/5th vote required); and
c. Directed the Auditor-Controller to transfer funds and increase appropriations
as detailed in the Board Order.
37. Item moved to Scheduled Matters, S-3.
38. Item moved to Scheduled Matters, S-4.
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�Minutes April 13, 2010
Monterey County Board of Supervisors Page 10
RMA PUBLIC WORKS:
39. a. Approved the transfer of $30,000 to the Lake San Antonio and San Lorenzo
Park Improvements Re-Roof Buildings project from Capital Projects Fund,
Fund 402, Unit 8174, Account 7521 Unspecified-Needs Board Approval) and
allocate to Facilities Project Fund, Fund 401, Unit 8184, Appropriation Unit
RMA004;
b. Directed the Auditor-Controller to move appropriations in the amount of
$30,000 within Capital Projects Fund, Fund 402, Unit 8174, Appropriation
Unit RMA014, from Account 7521 Unspecified Needs Board Approval) to
Account 7614 Operating Transfers Out); and
c. Directed the Auditor-Controller to amend the FY 2009-10 budget by
increasing revenue and appropriations to Facilities Project Fund, Fund 401,
Unit 8184, Appropriation Unit RMA004, Accounts 5940 and 6311,
Operating Transfers-In and Buildings and Improvements Maintenance,
respectively) in the amounts of $30,000 4/5th vote required).
PAJARO COUNTY SANITATION DISTRICT:
40. a. Set a Public Hearing on May 11, 2010, at 10:30 a.m. to consider protests and
objections to a report of delinquent accounts for the Pajaro County Sanitation
District; and
b. Directed the Clerk of the Board to publish a Notice of Public Hearing for the
report of delinquent fees once no later than April 19, 2010, in The Californian
and Monterey County Herald.
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
###
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