NOVEMBER 2, 2010 SIGNED MINUT��MONTEREY COUNTY
BOARD OF SUPERVISORS
Fernando Armenta
Louis R. Calcagno
Simon Salinas
Jane Parker
Dave Potter
1st District Lew C. Bauman
2nd District County Administrative Officer
3rd District Chair)
4th District Vice-Chair) Charles J. McKee
5th District County Counsel
Gail T. Borkowski Phone: 831) 755-5066
Clerk of the Board FAX: 831) 755-5888
P. O. Box 1728 www.co.monterey.ca.us
Salinas, CA 93902
ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
MONTEREY COUNTY WATER RESOURCES AGENCY
TUESDAY, NOVEMBER 2, 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 to 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 will confer with
legal counsel regarding existing litigation.
1) The Bankruptcy of Falcon Cable Company dba Charter Communications
USBC NY SD Case No. 09-11435(JMP)
CLOSED SESSION REPORT: The Board authorized settlement of the
matter and once settlement is approved, the settlement agreement will be available
from County Counsels office.
b. Pursuant to Government Code section 54956.9(b), the Board will confer with
legal counsel regarding one item of significant exposure to litigation.
Changed via Supplemental)
CLOSED SESSION REPORT: The Board provided direction to counsel on how
to proceed.
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NOVEMBER 2, 2010 SIGNED MINUT��Minutes November 2, 2010
Monterey County Board of Supervisors Page 2
c. Pursuant to Government Code section 54956.9(b), the Board will confer with
legal counsel regarding liability claims against the County of Monterey
1) Susan Dakis
2) Annie Giammanco
3) Vince Giammanco
4) Maria J. Ramirez
CLOSED SESSION REPORT: The Board rejected the claims of Susan
Dakis, Annie Giammanco, Vince Giammanco and Maria J. Ramirez.
d. Pursuant to Government Code section 54957.6, the Board will confer with
labor negotiators:
1) Designated representatives: Keith Honda and Dianne Dinsmore;
Employee Organizations: All Units
CLOSED SESSION REPORT: This item was removed from the agenda and
not considered by the Board.
e. Pursuant to Government Code section 54956.87, and Health and Safety Code
section 1462, the Board will confer with the Natividad Medical Center CEO
regarding trade secrets concerning a proposed new service, program, or
facility.(Added via Addendum)
CLOSED SESSION REPORT: This item was removed from the agenda and
not considered by the Board.
ROLL CALL:
3. The Pledge of Allegiance was led by County Administrative Officer Lew
Bauman.
4. Additions and Corrections: County Counsel and the Clerk announced agenda
corrections and proposed additions which were acted on by the Board as provided
in Sections 54954.2 of the California Government Code.
County Counsel announced S-4 has a corrected title and to delete the word
agreement in the second line. New title reads: Consider approving and
authorizing the Chief Executive Officer of Natividad Medical Center to
execute a tax exempt lease proposal in an amount not to exceed $30, 000,000
for financing of capital equipment needs budgeted in the Fiscal Year
2010/11."
Adjournment in the memory of Rina Tunzi and Sunny Wong
Motion by Supervisor Parker seconded by Supervisor Armenta ALL AYES
5. CONSENT CALENDAR REGULAR See Supplemental Sheet) Recess as the
Monterey County Board of Supervisors
Supervisor Parker pulled items 14 and 21 for questions and comments.
Motion by Supervisor Potter, seconded by Supervisor Armenta to approve
the Consent Calendar Regular, excluding items 14 and 21. ALL AYES
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NOVEMBER 2, 2010 SIGNED MINUT��Minutes November 2, 2010
Monterey County Board of Supervisors Page 3
Motion by Supervisor Armenta, seconded by Supervisor Calcagno to
approve Consent items 14 and 21. ALL AYES
Recessed as the Monterey County Board of Supervisors
Convened as the Board of Supervisors of the Monterey County Water Resources
Agency
Roll Call
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker and Potter.
6. CONSENT CALENDAR MONTEREY COUNTY WATER RESOURCES
AGENCY See Supplemental Sheet, Item 27)
Motion by Supervisor Calcagno, seconded by Supervisor Parker to approve
Consent Calendar Monterey County Water Resources Agency, item 27.
ALL AYES
Adjourned as the Board of Supervisors of the Monterey County Water Resources
Agency
Reconvened as Monterey County Board of Supervisors
CEREMONIAL RESOLUTIONS:
7. Adopted Resolution No. 10-293 commemorating the re-opening of the La Scuola
building as the future home of the North Monterey County Chamber of
Commerce, Artichoke Festival, and the California Artichoke Advisory Board.
Supervisor Calcagno)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
APPOINTMENTS: Items 7 through 9 were heard concurrently
8. Appointed Supervisor Armenta as Director and Supervisor Potter to serve as
Alternate on the 2011 Board of Directors of the California State Association of
Counties CSAC).
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
9. Reappointed Celia Castaneda and Tom Folliard to the In Home Supportive
Services IHSS) Advisory Committee, terms ending June 30, 2013.(Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Potter.
INCLUDING APPOINTMENTS ALL AYES
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NOVEMBER 2, 2010 SIGNED MINUT��Minutes November 2, 2010
Monterey County Board of Supervisors Page 4
OTHER BOARD MATTERS:
10. Board Comments
Supervisor Armenta commended the San Francisco Giants on winning the World
Series. He requested the Board Chair send a letter of congratulations on behalf
of the Board of Supervisors.
Supervisor Armenta announced the annual Veteran's ceremony at 11:00 a.m. on
November 11th at the Vietnam Memorial in Salinas. He also advised he has
discussed a Veteran's Standdown and the County taking a coordinating lead on
a Homeless Strategic Plan beginning in 2011with the Director of Social and
Employment Services.
Supervisor Calcagno requested the Board also adjourn in memory of Rena
Tunzi.
11. CAO Comments and Referrals: The County Administrative Officer advised of the
following Board referrals:
1) Request to review policy and processes for events in the unincorporated
area; referred to County Administrative Office. Salinas)
2) Request creation of a joint Board of Supervisors BOS) and Natividad
Medical Center Board of Trustees BOT) Leadership Standing Committee.
Chairman of the Board of Supervisors to appoint two members of the BOS
and two citizen members of the BUT, the County Administrative Officer
and the Health Services Director to the Committee; referred to Natividad
Medical Center CEO. Calcagno)
12. Public Comment: None
SCHEDULED MATTERS
S-1 Public hearing held and the Board
a. Evaluated the Monterey County Historic Resource Review Board's HRRB)
recommendations on the 2010 Mills Act Historic Property Contract
applications;
b. Ranked the 2010 Mills Act Historic Property Contract Applications; and
c. Authorized staff to negotiate Historic Property Contracts with the owner(s) of
the Joan Baez house located at 40 Miramonte Road, Carmel Valley
Assessor's Parcel Number: 187-041-062-000) and with the owner(s) of the
Captain's Inn, located at 8122 Moss Landing Road, Moss Landing Assessor's
Parcel Number: 133-212-007-000). Mills Act Historic Property Contract
Applications 2010 Gideon/Captain's Inn, PLN100457, Moss Landing; and
Blattberg/Baez house, PLN100458, Carmel Valley)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
12:00 P.M. Recessed to Lunch Continued Closed Session
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NOVEMBER 2, 2010 SIGNED MINUT��Minutes November 2, 2010
Monterey County Board of Supervisors Page 5
SCHEDULED MATTERS
Roll Call
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker and Potter.
S-2 Received and accepted the Fiscal Year 2009-10 Budget End of Year Report from
the County Administrative Office and provide direction to staff.
Motion by Supervisor Calcagno,. seconded by Supervisor Parker. 4-0
Supervisor Potter Absent).
S-3 Received and accepted a preliminary report on the Fiscal Year 2010-11 State
Budget enacted October 28, 2010 and estimated impacts to Monterey County.
Public comment: Lou Solton
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
S-4 Approve and authorize the Chief Executive Officer for Natividad Medical Center
NMC) to execute a tax-exempt lease proposal in an amount not to exceed
$30,000,000 for financing of Capital Equipment needs budgeted in the Fiscal
Year 2010-11 NMC operating budget.
Harry Weis identified documents submitted to Board and read modification to
the two Bank of America lease proposals on page 3 of each proposal), in the
second sentence of the second paragraph at the title Lease Structure: revise
first sentence, and the sentence now reads: A lease intended as a security
transaction. The lease will be an abatement lease or other lease structure
compliant with California law." He advised he will provide an updated copy for
official record.
Public Comment: Jay Donato
Motion by Supervisor Calcagno, seconded by Supervisor Potter to approve
the $15 million lease proposal and Option C: 84 month lease payments of
$194,836 at indicative annualized interest rate of 2.49%; and directed the
Natividad Medical Center CEO to return by May 15, 2011with the Capital
Expenditure Plan, proposed business plan, campus master plan and the
desired authority model for the hospital for Board review and possible
authorization of an additional $15 million. ALL AYES
CLOSED SESSION REPORT: See 2 a-e)
ORDER FOR ADJOURNMENT IN MEMORY OF
HENRY HANK" HUGHES; SUNNY WONG; RENA TUNZI
APPROVED:
SIMON SALINAS, CHAIR
BOARD OF SUPERVISORS
ATTEST: GAIL T. BORKOWSKI
Clerk of the Board
BY:
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NOVEMBER 2, 2010 SIGNED MINUT��Minutes November 2, 2010
Monterey County Board of Supervisors Page 6
Supplemental Sheet)
CONSENT CALENDAR
NATIVIDAD MEDICAL CENTER:
13. Agreement No. A-11879 Authorized the Purchasing Manager for Natividad
Medical Center NMC) to execute Amendment No. 2 to the Agreement with
Beacon Partners for Meditech Billing and Accounts Receivable B/AR) Module
Support services at NMC in an amount not to exceed $193,080 an increase of
$95,880) for the period October 1, 2010 through June 30, 2011.
14. Agreement No. A-11880 Authorized the Purchasing Manager for Natividad
Medical Center NMC) to execute an Agreement with Cloud Solutions, Inc. for
Systems Engineer and Wireless Engineer Services at NMC in an amount not to
exceed $91,200 for the period October 1, 2010 through February 28, 2011.
15. Board Budget No. 10/11-052
a. Approved and amended the Fiscal Year FY) 2010-11 Natividad Medical
Center Budget Unit 9600 to delete 1.00 FTE Secretary-Confidential and add
1.00 FTE Principal Office Assistant;
b. Approved to reclassify one 1) incumbent into the Principal Office Assistant
Classification at Natividad Medical Center; and
c. Directed the County Administrative Office to incorporate approved changes
into the FY 2010-2011 Natividad Medical Center Budget Unit 9600 to reflect
the change in position count.
HEALTH AND SOCIAL SERVICES:
16. Adopted Ordinance 5168 an amendment to Section 2.65.040.E of the Monterey
County Code eliminating the six 6) year term limit for In-Home Supportive
Services Advisory Committee members.
17. Agreement No. A-11881
a. Approved and authorized the Contracts/Purchasing Officer to sign a 340B
Prime Vendor Participation Agreement with Apexus, Inc. for discounted
outpatient pharmaceuticals for the term December 1, 2010 to November 30,
2011 with additional automatically renewing one 1) year terms; and
b. Accepted the deviations from the County's standard insurance and
indemnification provisions.
CRIMINAL JUSTICE:
18. Accepted the Inmate Welfare Trust Fund Annual Report for the Fiscal Year FY)
2009-10.
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NOVEMBER 2, 2010 SIGNED MINUT��Minutes November 2, 2010
Monterey County Board of Supervisors Page 7
GENERAL GOVERNMENT:
19. Received Action Minutes from the August 30, 2010 and September 22, 2010
meetings of the Legislative Committee.
20. Adopted Resolution No. 10-294 to support the expansion of the Salinas Valley
Enterprise Zone SVEZ) to include the Castroville Industrial Park.
RMA PLANNING DEPARTMENT:
21. Agreement Nos. A-10367; A-10368
a. Approved Amendment No. 9 to Professional Services Agreement No. A-
10367 with EMC Planning Group, Inc. EMC) where the Base Budget is
increased by $54,123 to $194,199 with a Contingency increase of $8,118 to
$29,130, for a total amount not to exceed $223,329 to provide additional
services associated with the Environmental Impact Report EIR) for the Pajaro
Valley Golf Course PLN980571) in North County, Coastal Zone, for a term
through June 30, 2012;
b. Approved Amendment No. 9 to Reimbursement Agreement No. A-10368
with BJCR, Inc. where the Base Budget is increased by $54,123 to $194,199
and the County Surcharge is increased by $18,943 to $67,969, with a
Contingency increase of $8,118 to $29,130, for a total amount not to exceed
$291,298 to allow reimbursement to Monterey County for costs incurred by
EMC and County departments to provide additional services associated with
the EIR for the Pajaro Valley Golf Course PLN980571) in North County,
Coastal Zone, for a term through June 30, 2012; and
c. Authorized the Director of Planning to execute Amendment No. 9 to
Professional Services Agreement No. A-10367, Amendment No. 9 to
Reimbursement Agreement No. A-10368 and future amendments to these
Agreements where the amendments do not significantly alter the scope of
work or change the approved Agreement amounts.(PD060200/EMC
Planning Group, Inc., County-wide)
22. Set a Public Hearing for November 30, 2010 at 10:30 A.M. to consider 2011
Applications to establish one 1) Agricultural Preserve AgP") and eighteen 18)
Farmland Security Zones and Contracts. PLN100299/Williamson Contract
Applications 2011, County-wide)
RMA PUBLIC WORKS:
23. Board Budget No: 10/11-053
a. Approved the transfer of appropriations totaling $174,000 from Capital
Projects Fund, Appropriation Unit RMA014, to Road Fund, Appropriation
Unit RMA012, for the Castroville Railroad Bicycle/Pedestrian Crossing
Project 4/5th vote required); and
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NOVEMBER 2, 2010 SIGNED MINUT��Minutes November 2, 2010
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b. Authorized the Auditor-Controller to move appropriations totaling $174,000
within Capital Projects Fund, Appropriation Unit RMA014, from Account
7521 Unspecified Needs Board Approval) to Account 7614 Operating
Transfers Out).
24. Board Budget No. 10/11-054
a. Approved the transfer of appropriations totaling $100,790 from Capital
Projects Fund, Appropriation Unit RMA014 to Facilities Project Fund,
Appropriation Unit RMA004, for the Pajaro Mansion Windows, Siding and
Paint Project 4/5th vote required); and
b. Authorized the Auditor-Controller to move appropriations totaling $100,790
within Capital Projects Fund, Appropriation Unit RMA014, from Account
7521 Unspecified Needs Board Approval) to Account 7614 Operating
Transfers Out).
25. Board Budget No. 10/11-055
a. Approved the transfer of appropriations totaling $100,000 from Capital
Projects Fund, Appropriation Unit RMA014, to Facilities Project Fund,
Appropriation Unit RMA004, for the Sheriff's Rehabilitation Main Building-
Visitor Annex located at 1410 Natividad Rd., Salinas 4/5th vote required);
and
b. Authorized the Auditor-Controller to move appropriations totaling $100,000
within Capital Projects Fund, Appropriation Unit RMA014, from Account
7521 Unspecified Needs Board Approval) to Account 7614 Operating
Transfers Out).
26. Item deleted.
26.1 a. Accepted status report on the Resolution to support the Architectural Heritage
Association in their fund-raising efforts to restore the historic Old Jail; and
b. Continued this item to a date uncertain.(Added via Addendum)
MONTEREY COUNTY WATER RESOURCES AGENCY:
27. Acting as the Board of Supervisors of the Monterey County Water Resources
Agency:
Approved a clerical error correction to October 12, 2010 Board Report titled:
Approve the Monterey County Water Resources Agency winning bids and signed
grazing leases at Nacimiento and San Antonio Reservoirs and authorize the
Monterey County Water Resources Agency Board of Supervisors Chair to sign
each lease, so that the bid amount for Nacimiento Lease No. 3A/3B reads
$11,350, the amount of the successful bid for Four Seasons Ranch.
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NOVEMBER 9, 2010 SIGNED MINUT�
�MONTEREY COUNTY
BOARD OF SUPERVISORS
Fernando Armenta 1st District Lew C. Bauman
Louis R. Calcagno 2nd District County Administrative Officer
Sim6n Salinas 3rd District Chair)
Jane Parker 4th District Vice-Chair) Charles J. McKee
Dave Potter 5th District County Counsel
Gail T. Borkowski Phone: 831) 755-5066
Clerk of the Board FAX: 831) 755-5888
P. O. Box 1728 www.co.monterey.ca.us
Salinas, CA 93902
ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
MONTEREY COUNTY WATER RESOURCES AGENCY
TUESDAY, NOVEMBER 9, 2010
9:00 A.M.
09:00 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker, and Potter*.
*Supervisor Potter arrived prior to Closed Session.
1. Additions and Corrections for Closed Session: There were no additions or
corrections to Closed Session.
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 will confer with
legal counsel regarding existing litigation.
1) Coastkeeper v. Monterey County Water Resources Agency MCSC case
no. M108858)
2) Kenneth David Myers v. County of Monterey MCSC case no. M100885)
3) Sierra Club, et al. v. County of Monterey, et al.; September Ranch
Partners, et al., Real Parties in Interest MCSC case no. M82632)
4) Helping Our Peninsula's Environment v. Board of Supervisors of the
County of Monterey; September Ranch Partners, et al., Real Parties in
Interest MCSC case no. M82643)
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�Minutes November 9, 2010
Monterey County Board of Supervisors Page 2
5) Omni Resources, LLC v. Monterey County, et at.(USDC ND case no. 06-
05420(HRL))
CLOSED SESSION REPORT: On items 2a. 1 through 5 the Board provided
direction to Counsel on all maters; Item 2a.2, the Board authorized
settlement authority to County Counsel and if it is settled, any member of the
public will be able to obtain the settlement agreement through the office of
County Counsel.
b. 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 provided direction to Counsel on
how to proceed to avoid litigation.
c. Pursuant to Government Code section 54957.6, the Board will confer with
labor negotiators
1) Designated representatives: Keith Honda and Dianne Dinsmore:
Employee organizations: All Units
CLOSED SESSION REPORT: The Board tentatively approved several side
letters, one settlement agreement; and those matters will be brought back to
the Board at a future date for approval of: Units F and J regarding shift
differential for emergency communications; Unit F for overtime for
behavioral health issues; Unit F regarding a side letter for social worker
standby; Unit F and J for a uniform allowance for sheriff civilian employees;
Units F, H, J and K a settlement agreement regarding a grievance on the
calculation of overtime in the Advantage payroll system. The Board
tentatively approve all of the above matters, but they will be brought back
for final approval at a future date.
10:30 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker, and Potter.
3. The Pledge of Allegiance was led by Supervisor Salinas.
4. Honor Guard presented Colors
Held Welcome Home Troops Ceremony
5. Additions and Corrections
The Clerk of the Board announced agenda corrections and which were acted on
by the Board as provided in Sections 54954.2 of the California Government Code.
Under Regular Consent General Government:
35. a. Approve and authorize the County Librarian to accept grant funds from
the Monterey County Office of Education for a grant award of $163,321
for the period of 10-1-2010 through 9-30-2012; the grant will fund a new
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�Minutes November 9, 2010
Monterey County Board of Supervisors Page 3
Supervising Librarian position and the purchase of digital content
management software;
b Approve the additional allocation of 1 FTE step 6) Supervising
Librarian; and
c. Authorized the Auditor Controller to amend the Fiscal Year FY) 2010-11
County Library Budget Unit 6110 to reflect the increase in estimated
revenue and appropriations in the amount of $69,798 in FY 2010-11,
$74,818 in FY 2011-12 and $18,705 in FY 2012-13
c. Authorize the Auditor-Controller to amend the Fiscal Year FY) 2010-11
County Library Budget Unit 6110 to reflect the increase in estimated
revenue and appropriations in the amount of $69,798. 4/5th Vote
Required)
6. CONSENT CALENDAR REGULAR See Supplemental Sheet)
Motion by Supervisor Parker seconded by Supervisor Armenta to approve
Regular Consent, excluding items 23, 25, 27, and 38. ALL AYES,
Motion by Supervisor Calcagno, seconded by Supervisor Potter to approve
item 38. ALL AYES
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
items 23,25,37. ALL AYES
CEREMONIAL RESOLUTIONS: 7 through 16 heard concurrently.
7. Adopted Resolution No. 10-295 honoring Dee Farris upon being recognized as a
recipient of the 2010 Monterey County Veterans of the Year Award. Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
8. Adopted Resolution No. 10-298 honoring Gerald D. Flowers upon being
recognized as a recipient of the 2010 Monterey County Veterans of the Year
Award. Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
9. Adopted Resolution No. 10-300 honoring Ralph Norman Channell upon being
recognized as a recipient of the 2010 Monterey County Veterans of the Year
Award. Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
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Monterey County Board of Supervisors Page 4
10. Adopted Resolution No. 10-297 honoring Steven Joseph McCullough upon being
recognized as a recipient of the 2010 Monterey County Veterans of the Year
Award.(Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
11. Adopted Resolution No. 10-301 honoring William E. Parker upon being
recognized as a recipient of the 2010 Monterey County Veterans of the Year
Award.(Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
12. Adopted Resolution No. 10-299 honoring Leonard Leo" Ortiz upon being
recognized as a recipient of the 2010 Monterey County Veterans of the Year
Award.(Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
13. Adopted Resolution No. 10-296 commending Parnell Strickland upon being
recognized as a recipient of the 2010 Monterey County Veterans of the Year
Award.(Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
14. Adopted Resolution No. 10-302 commending Richard Garza upon being
recognized as a recipient of the 2010 Monterey County Veterans of the Year
Award.(Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
15. Adopted Resolution No. 10-303 honoring Kris Knott, Monterey County Deputy
Sheriff, upon completing eight years of active duty in the United States Coast
Guard.(Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
16. Adopted Resolution No. 10-308 proclaiming the week of November 7 through
November 13, 2010, as Winter Storm Preparedness Week" in Monterey County.
Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve.
ALL AYES
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NOVEMBER 9, 2010 SIGNED MINUT�
�Minutes November 9, 2010
Monterey County Board of Supervisors Page 5
APPOINTMENTS:
17. Appointed Ray Bullick to the Monterey County Children & Families Commission
aka First 5 Monterey County), appointee shall serve at the Pleasure of the Board.
Full Board)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
OTHER BOARD MATTERS:
18. Adopted the Board of Supervisors' meeting schedule for calendar year 2011.
Motion by Supervisor Potter, seconded by Supervisor Parker. All Ayes
19. Established Board of Supervisors/Natividad Medical Center Joint Leadership
Committee as a Standing Committee of the Board of Supervisors; the Board
appointed the following members to the committee:
Chair of the Board of Supervisors Supervisor Salinas)
Member of Board of Supervisors/Ex-Officio NMC Board of Trustees
Supervisor Potter)
Chair of NMC Board of Trustees John O'Brien)
NMC Board of Trustees Rodney Braga)
Ex-Officio NMC Board of Trustees CAO Lew Bauman)
Ex-Officio NMC Board of Trustees CEO Harry Weis)
Motion No. 2 by Supervisor Parker, seconded by Supervisor Armenta to
approve appointments and additional instruction. ALL AYES
Motion No. 1 by Supervisor Calcagno, seconded by Supervisor Armenta to
add additional instruction language: other than the Board of Supervisor members
and the ex-officio members, the Natividad Medical Center Board of Trustees may
appoint its own Board members to this committee beginning in 2011." ALL
AYES
20. Board Comments
Supervisor Parker announced she will be hosting Your Town Radio" on KNRY
Radio and Channel 24 from 5 pm 6 pm on November 18th and she will have
guests from the Monterey County Free Libraries.
21. CAO Comments and Referrals None
22. Public Comment
Monica Hunter
Hans Jongens.
Supervisor Calcagno announced the award of $5 million for the Pajaro
Community Park project. He thanked the Redevelopment Agency staff for their
assistance in the grant acquisition.
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�Minutes November 9, 2010
Monterey County Board of Supervisors Page 6
SCHEDULED MATTERS:
S-1 Public hearing held to:
a. Deny the appeal of William McKiernan from the August 26, 2010
discretionary decision by the Zoning Administrator to approve the Combined
Development Permit PLN090364/Pelio);
b. Categorically exempt the Combined Development Permit PLN090364/Pelio)
pursuant to Section 15301(d), 15301(e), and 15303 of the CEQA Guidelines;
and
c. Approve the Combined Development Permit, based on Findings and Evidence
subject to conditions of approval. The Combined Development Permit
consists of: 1) a Coastal Administrative Permit to allow the construction of a
new second story and remodel of an existing single family dwelling, the
reconstruction of an existing detached accessory structure, and associated
grading; 2) a Coastal Development to allow the construction of a caretaker
unit; 3) a Coastal Development Permit to allow development within 750 feet
of a known archaeological resource; 4) a Variance to exceed the Pescadero
Watershed coverage limitations; and 5) a Design Approval. Appeal,
Discretionary Decision PLN090364/Pelio, 3346 17 Mile Drive, Pebble
Beach, Del Monte Forest Land Use Plan)
Public comment: John Bridges, for applicant; Anthony Lombardo for appellant;
Chuck Perry.
Motion by Supervisor Potter, seconded by Supervisor Calcagno to approve
project, as modified, to locate the guest unit as described in the staff report;
continued the Public Hearing to November 30, 2010 and directed staff to
return with findings and evidence that reflect today's Board action. ALL
AYES
S-2 Considered and adopted Ordinance 5169 amending the Monterey County Code,
Title 12, Section 12.28.010, to establish no parking at any time on the west side of
Bollenbacher Drive from a point 30 feet south of the centerline from Rogge Road,
southerly for a distance of 95 feet, on the east side of Bollenbacher Drive from a
point 30 feet south of the centerline from Rogge Road, southerly for a distance of
60 feet, on the north side of Rogge Road from San Juan Grade Road to a point
285 feet east of the extension of the centerline of Jasper Way, and on the south
side of Rogge Road from San Juan Grade Road to a point 125 feet east of the
extension of the centerline of Jasper Way, Bolsa Knolls area. continued from
October 26, 2010)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
Recessed to Lunch Continued Closed Session
1:30 P.M. RECONVENED
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�Minutes November 9, 2010
Monterey County Board of Supervisors Page 7
SCHEDULED MATTERS
ROLL CALL:
Present: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
S-5 Continued to December 7, 2010 1:30 p.m.: Receive an update regarding
revisions to the draft Monterey County Community Wildfire Protection Plan
MCCWPP) and provide direction for possible Board action.
Community Wildfire Protection Plan PD090290, Countywide)
Motion by Supervisor Potter, seconded by Supervisor Armenta. ALL AYES
Recessed as Monterey County Board of Supervisors
Convened as the Board of Supervisors',gf the Monterey County Water Resources
Agency:
Roll Call
Present: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
S-3 Acting as the Board of Supervisors of the Monterey County Water Resources
Agency: Considered and received the Monterey County Water Resources Agency
Board of Directors July through September Quarterly Report for Fiscal Year
2010-11.
Public Comment: Margie Kay, Doug Kasunich
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
S-4 Acting as the Board of Supervisors of the Monterey County Water Resources
Agency: Considered and accepted the North County Regional Ad Hoc Committee
Report.
Public Comment: Don Rochester, Margie Kay, Doug Kasunich, Carolyn
Anderson, Warren Church, Eric Peterson, Tom Collins, Eric Tynan
Motion by Supervisor Calcagno, seconded by Supervisor Armenta to accept
report, with direction to continue working with Springfield Terrace in
Pajaro and surrounding areas. ALL AYES
Adjournment
Reconvened as Monterey County Board of Supervisors
S-6 Public hearing to consider adoption of Resolution No. 10-312 and:
a. Certified the Final Revised Environmental Impact Report including the Final
Revised Water Demand Analysis for the September Ranch Subdivision
Project;
b. Reaffirmed the Board of Supervisor's 2006 passing score for the Project,
based on the Findings and Evidence;
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�Minutes November 9, 2010
Monterey County Board of Supervisors Page 8
c. Approved the Combined Development Permit for the September Ranch
Subdivision Project consisting of 73 market-rate and 22 affordable lots 15
inclusionary and 7 deed-restricted workforce lots) based on the Findings and
Evidence and subject to the recommended conditions of approval; and
d. Adopted the Mitigation Monitoring and Reporting Plan.(September Ranch
PC95062 / PLN050001, September Ranch Partners, Carmel Valley Road,
Carmel Valley, Carmel Valley Master Plan)
Laura Lawrence advised of changes to conditions 5, 6, 7, 13, 20, 25, 28, 29, 36,
50, 45, 46 per memo submitted today by staff. An additional erratum is attached
to final revised water demand analysis Exhibit E; and correspondence received
is marked Exhibit F.
Anthony Lombardo spoke on behalf of the applicant.
Public comment: Michael Stamp, Lawrence Samuels, Darby First, Kathy
Anderson, Eleanor Avila, on behalf of Tim Sanders, Alfred Diaz Infante, Max
Chaplin, Margie Kay for Lynn Robinson, Warren Kaufman, Bob Berronian,
DeeDee Berronian, Carolyn Anderson, Bob Sydon, Amy White, Christine
Williams, Sam McCloud, Nancy Rushmore, Hans Jongens, Patricia Bernardi.
Motion by Supervisor Armenta, seconded by Supervisor Calcagno to
approve staff recommendations, including clarifications and
errata, distributed today and proposed by staff. 3 2 Supervisors Parker
and Potter dissented)
CLOSED SESSION REPORT:(See 2 a-c)
ORDER FOR ADJOURNMENT
In Memory of Don Gasperson
APPROVED:
SIMON SALINAS, CHAIR
BOARD OF SUPERVISORS
ATTEST:GAIL T. BORKOWSKI
Clerk of the Board
BY:
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NOVEMBER 9, 2010 SIGNED MINUT�
�Minutes November 9, 2010
Monterey County Board of Supervisors Page 9
Supplemental Sheet)
CONSENT CALENDAR
NATIVIDAD MEDICAL CENTER:
23. Agreement No. A-11882 Authorized the Purchasing Manager for Natividad
Medical Center NMC) to execute an Agreement with Morgan Hunter Healthcare
Inc. for Meditech Physician Care Manager Module Subject Matter Expert
Services per RFP No. 9600-7 at NMC in an amount not to exceed $525, 000 for
the period November 1, 2010 through June 30, 2012.
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
items 23, 25, 37. ALL AYES
24. Agreement A-11883 Authorized the Purchasing Manager for Natividad Medical
Center NMC) to execute Amendment No. 1 to the Agreement with Healthstream
Inc. for Web Based Clinical Education Services at NMC in an amount not to
exceed $141,743 an increase of $56,390) for the period September 1, 2010
through June 30, 2011.
25. Agreement No. A-11884 Authorized the Purchasing Manager for Natividad
Medical Center NMC) to execute an Agreement with Beacon Partners for
Meditech Physician Care Manager Module Project Manager Services per RFP
No. 9600-7 at NMC in an amount not to exceed $555, 000 for the period
November 1, 2010 through June 30, 2012.
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
items 23,25, 37. ALL AYES
HEALTH AND SOCIAL SERVICES:
26. Agreement Nos. A-11885; A-11886
a. Approved and authorized the Contracts/Purchasing Officer, or his designee, to
execute two agreements with Maxim Homecare Services, Inc. for a total of
$31,800 for care services at home for clients of Area Agency on Aging A-
11885) and Adult Services Programs A-11886), including non-standard
Mutual Indemnification for the period November 1, 2010 through June 30,
2011; and
b. Authorized the Contracts/Purchasing Officer, or his designee, to sign up to
three 3) amendments to these agreements, where the total amendments do not
exceed ten percent 10%) of the original contract amounts, and do not
significantly change the scopes of work.
27. Approved and authorized the Director of Health to use funds from the Solid
Waste Incentive Reserve Account, also known as Western Franchise Agreement
Liability Account No. 019-2603, to pay costs of existing and new solid waste
diversion programs, franchise agreement oversight and services related to certain
large-scale waste management issues impacting unincorporated County rate
payers.
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NOVEMBER 9, 2010 SIGNED MINUT�
�Minutes November 9, 2010
Monterey County Board of Supervisors Page 10
CRIMINAL JUSTICE:
28. Received report from the Probation Department regarding the State's Local
Youthful Offender Rehabilitative Facilities Financing Program for juvenile
institutions and Monterey County's funding request to the Corrections Standards
Authority.
29. Agreement No. A-11139
a. Approved and authorized the Contracts/Purchasing Officer to sign
Amendment No. 2 with Securus Technologies, Inc. to allow the Sheriff's
Office to exercise its option to extend the Agreement for one year and
b. Authorized the Contracts/Purchasing Officer to sign up to three 3) future
amendments to this agreement where the amendments do not exceed ten
percent 10%) and do not significantly change the scope of work.
GENERAL GOVERNMENT:
30. Agreement No. A-11887
a. Approved and authorized the Chair to sign a Contract to Purchase a
Temporary Construction Easement from Sheila R. Castillo APN 261-131-
020, 17060 Hyland Drive) for the Hyland Drive/El Rancho Way Storm Drain
and Street Improvement Project;
b. Approved and authorized the Chair to sign the Temporary Construction
Easement and acceptance thereof; and
c. Directed the Clerk of the Board to record the executed easement with the
County Recorder' s Office.
31. Approved and authorized the Contracts/Purchasing Officer to sign Amendment
No. 1 to the Professional Services Agreement dated March 26, 2010, with Pueblo
Water Resources, Inc. for an amount not to exceed $101,818 for a total amount
not to exceed $146,919, and to extend the term of the Agreement to December 15,
2011, to complete a Pilot Test Well for the San Lucas County Water District,
subject to final State approval on use of funds.
32. Agreement No. A-11888
a. Approved and authorized the Chair to sign Utility Agreement No. 10-156765
with Pacific Gas and Electric Company in the amount of $109,267 for the cost
of relocating existing poles for the Hyland Drive/El Rancho Way Storm Drain
and Street Improvement Project in the community of Boronda; and
b. Approved and authorized the Chair to sign a Joint Use Agreement with Pacific
Gas and Electric Company for the relocation of the utility easement for the
relocation of said power poles.
33. Agreement No. A-11889 Approved and authorized the Chair to sign a
Professional Services Agreement with MNS Engineers, Inc. in an amount not to
exceed $236,420, with a term to expire June 30, 2012, to provide consulting
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Monterey County Board of Supervisors Page 11
construction management and field inspection services for the Hyland Drive/El
Rancho Way Street and Storm Drain Improvement Project in Boronda
Redevelopment Project Area.
34. Approved Board of Supervisors Action Minutes of Tuesday, August 31, 2010;
Tuesday, September 14, 2010; Tuesday, September 21, 2010; Tuesday,
September 28, 2010; Tuesday, October 5, 2010; Tuesday, October 12, 2010;
Tuesday, October 19, 2010; Tuesday, October 26, 2010.
35. Board Budget No. 10/11-056
a. Approved and authorized the County Librarian to accept grant funds from the
Monterey County Office of Education for a grant award of $163,321 for the
period of 10-1-2010 through 9-30-2012; the grant will fund a new Supervising
Librarian position and the purchase of digital content management software;
b. Approved the additional allocation of 1 FTE step 6) Supervising Librarian;
and
c. Authorized the Auditor Controller to amend the Fiscal Year FY) 2010-11
County Library Budget Unit 6110 to reflect the increase estimated revenue
and appropriations in the amount of $69,798 in FY 2010-11, $74,818 in FY
2011-12 and $18,705 in FY 2012-13.
c. Authorized the Auditor-Controller to amend the Fiscal Year FY) 2010-11
County Library Budget Unit 6110 to reflect the increase in estimated revenue
and appropriations in the amount of $69,798. 4/5th Vote Required)(revised
via Additions and Corrections)
36. Approved and adopted Resolution No. 10-304 increasing the amount of the
Installment Collection Fee authorized per PC Section 1205 d), and subsequently
amended by SB 676, from $35 to $55, effective December 10 1, 2010, to more
appropriately offset the Treasurer-Tax Collector's Revenue Division costs for the
processing of installment accounts on Court ordered fines.
37. Agreement No. A-11041 Approved and authorized the Contracts/Purchasing
Officer to sign Amendment No. 2 to Agreement No. A-11042, a service contract
between Somkid, Inc.; DBA OfficeStar Computer Training Center" and the
Information Technology Department, to extend the term for three years, from
November 1, 2010 through October 31, 2013.
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
items 23, 25, 37. ALL AYES
38. Reappointed County Counsel Charles J. McKee and approve Employment
Agreement Amendment No. 3.
Motion by Supervisor Calcagno, seconded by Supervisor Potter to approve
item 38. Supervisor Parker requested a copy of the agreement be placed on
file with the Clerk of the Board. ALL AYES
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Monterey County Board of Supervisors Page 12
RMA PUBLIC WORKS:
39. Resolution No. 10-305; Construction No. 2009-0013
a. Accepted the Certificate of Completion for the Lake San Antonio and San
Lorenzo Park Improvements Re-Roof Buildings, Concessions Building,
2610 San Antonio Rd., Bradley/DeAnza Building, 1160 Broadway St., King
City, Project No. 8520, Bid Package No. 10212; and
b. Authorized the Director of Public Works to execute and record the Notice of
Completion.
40. Adopted Resolution No. 10-306 to:
a. Approve Amendment No. 2 to the Private Purpose Franchise Agreement with
Mobil Pacific Pipeline Company Mobil) approved pursuant to Resolution No.
00-272, extending the term of the Private Purpose Franchise Agreement an
additional six 6) months which is specified to be from November 17, 2010
through May 16, 2011; and
b. Authorized the Chair to execute Amendment No. 2 to the Private Purpose
Franchise Agreement.
41. Adopted Resolution No. 10-307 to:
a. Approve Amendment No. 2 to the Private Purpose Franchise Agreement with
Exxon Mobil Oil Corporation formerly Mobil Oil Corporation) approved
pursuant to Resolution No. 00-271, extending the term of the Private Purpose
Franchise Agreement an additional six 6) months which is specified to be
from November 17, 2010 through May 16, 2011; and
b. Authorized the Chair to execute Amendment No. 2 to the Private Purpose
Franchise Agreement.
42. a. Approved Amendment No. 8 to Professional Services Agreement No. A-
11714 with Mill Construction Company, Inc. to continue to provide tasks
associated with construction management consulting services for the
Renovation of the North Wing of the Salinas Courthouse, Project No. 8772,
and provide additional services in support of project close out in the amount
of $34,200 for a total amount not-to-exceed $268,950 and extend the term
through January 31, 2011; and
b. Authorized Contracts/Purchasing Officer to execute Amendment No. 8 to
Professional Services Agreement No. A-11714.
43. Board Budget No. 10/11-057
a. Approved the transfer of appropriations totaling $45,000 within the County
Service Area 44 Corral De Tierra Oaks, Appropriation Unit RMA073, from
Fund Balance Designations Account, to the Unreserved Fund Balance
Account, to provide funding for the unanticipated repair of a failed section of
the storm drain system;
b. Authorized the Auditor-Controller to amend the budget for County Service
Area 44 Corral De Tierra Oaks, Appropriation Unit RMA073, for Fiscal
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Year FY) 2010-11 by increasing the Unreserved Fund Balance Account by
$45,000, and by decreasing the Fund Balance Designations Account by
$45,000; and
c. Authorized the Auditor-Controller to amend the budget for County Service
Area 44 Corral De Tierra Oaks, Appropriation Unit RMA073, for FY 2010-
11 by increasing appropriations totaling $45,000 for the Maintenance Public
Works Expense Account(4/5th vote required).
###
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NOVEMBER 30, 2010 SIGNED MINU�
�MONTEREY COUNTY
BOARD OF SUPERVISORS
Fernando Armenta 1st District Lew C. Bauman
Louis R. Calcagno 2nd District County Administrative Officer
Simon Salinas 3rd District Chair)
Jane Parker 4th District Vice-Chair) Charles J. McKee
Dave Potter 5th District County Counsel
Gail T. Borkowski Phone: 831) 755-5066
Clerk of the Board FAX: 831) 755-5888
P. O. Box 1728 www.co.monterey.ca.us
Salinas, CA 93902
ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
MONTEREY COUNTY WATER RESOURCES AGENCY
TUESDAY, NOVEMBER 30, 2010
9:00 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno*, Parker and Potter.
*Supervisor Calcagno arrived prior to Closed Session.
1. Additions and Corrections for Closed Session: There were no additions or
corrections to Closed Session.
CLOSED SESSION
2. Closed Session under Government Code section 54950, relating to the following
items:
a. Pursuant to Government Code section 54956.9(b), the Board will confer with
legal counsel regarding four items of significant exposure to litigation.
CLOSED SESSION REPORT: The Board heard from counsel on these four items
and provided direction to counsel on how to proceed.
b. Pursuant to Government Code 54956.9(c), the Board will confer with legal
counsel regarding potential initiation of one litigation case.
CLOSED SESSION REPORT: The Board did not authorize litigation in this
matter and instead authorized settlement.
c. Pursuant to Government Code section 54956.9(a), the Board will confer with
legal counsel regarding existing litigation:
1) In re: Lyondell Chemical Co., et al., Debtors Case No. 09-10023 REG),
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�Minutes November 30, 2010
Monterey County Board of Supervisors Page 2
U.S. Bankruptcy Court SD NY))
2) County of Santa Clara, et al. vs. The Superior Court of Santa Clara
County; Atlantic Richfield Company, et al., Real Parties in Interest Santa
Clara County Superior Court case no. CV 788657; Sixth Appellate District
case no. H031540; Supreme Court of California case no. S 163681)
CLOSED SESSION REPORT: The Board authorized a tentative settlement
authority in Lyondell Chemical Co.; Atlantic Richfield Co. is related.
d. Pursuant to Government Code section 54957, the Board will provide a
performance evaluation for the Natividad Medical Center CEO.
CLOSED SESSION REPORT: The Board agreed to continue the matter to
December 8, 2010.
e. Pursuant to Health and Safety Code section 1462 and Government Code
section 37606, the Board will confer regarding trade secrets concerning a
proposed new service, program or facility.
CLOSED SESSION REPORT: The Board provided direction to Natividad
Medical Center CEO on how to proceed in this matter.
f. Pursuant to Government Code section 54957.6, the Board will confer with
labor negotiators:
1) Designated representatives: Keith Honda and Dianne Dinsmore
Employee organizations: L, M, N, Q, S, and V Continuance of Closed
Session to be held at the conclusion of the Board's Regular Agenda, or at any
other time during the course of the meeting announced by the Chairperson of
the Board
CLOSED SESSION REPORT: The Board provided direction to Mr. Honda and
Ms. Dinsmore to bring back Memorandums of Understanding and/or side letters
for these units at a future Board date for final approval.
10:30 A.M
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker and Potter.
3. The Pledge of Allegiance led by Supervisor Potter.
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, as provided in Section 54954.2 of
the California Government Code the Board was asked to make the following
additions and corrections:
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Monterey County Board of Supervisors Page 3
Correction Regular Consent Natividad Medical Center revised to now
read:
16. Authorize the Purchasing Manager for Natividad Medical Center NMC) to
execute the Agreement with Versaworks Inc. for Information Technology
Professional Services at NMC in an amount not to exceed $832,000 $832,900
for the period November 1, 2010 to June 30, 2011.
Remove Regular Consent Planning
26. a. Accept and authorize the Chair of the Board of Supervisors to execute a
Revised Conservation and Scenic Easement Deed; and
b. Direct the Clerk of the Board to submit the Revised Conservation and
Scenic Easement Deed to the County Clerk for recordation.
Conservation and Scenic Easement Deed REF100046/17160 Wilson Way,
Royal Oaks, North County Area Plan)
Correction Moss Landing County Sanitation District
Page 11 titled Agreement for Castroville Community Services District to
provide operation and maintenance services for the Moss Landing County
Sanitation District has a telephone number change to 831) 595-1535
31. Acting as the Board of Directors of the Moss Landing County Sanitation
District:
a. Approve Agreement with the Castroville Community Services District
CCSD) for CCSD to provide Operation and Maintenance O&M)
Services for the wastewater collection system in the Moss Landing County
Sanitation District DISTRICT); and
b. Authorize the Chair to execute the Agreement, related documentation
necessary to effectuate the Agreement, and future amendments that do not
significantly alter the scope of work or change the approved Agreement
amount.
Motion by Supervisor Potter, seconded by Supervisor Parker to approve
additions and corrections. ALL AYES
5. CONSENT CALENDAR REGULAR See Supplemental Sheet)
Hans Jongens requested item 19 be pulled for comment.
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
the Consent Calendar Regular with the exception of item 19. See
Supplemental Sheet). ALL AYES
Public Comment on Item 19: Hans Jongens.
Supervisor Parker proposed 30 days as a more reasonable timeline for review of
proposed amendments to the bylaws. Debby Bradshaw responded.
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
item 19, revising the timeline for approval of amendments to bylaws as
follows: Instead, amendments would require a 2/3 vote of members present,
provided that a copy of the proposed amendment is mailed to each member
agency a minimum of fifteen 15) 30 days in advance"; and directed staff to
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Monterey County Board of Supervisors Page 4
advise AMBAG of this change.
Recessed as the Monterey County Board of Supervisors
Convened as the Board of Directors of the Boronda County Sanitation District
BORONDA COUNTY SANITATION DISTRICT
Roll Call:
Present: Directors: Salinas Chair), Armenta, Calcagno, Parker, and Potter.
6. CONSENT CALENDAR BORONDA COUNTY SANITATION DISTIRICT
See Supplemental Sheet, Item 30)
Motion by Director Parker, seconded by Director Armenta. ALL AYES
Adjourned
Convened as the Board of Directors of the Moss Landing County Sanitation District
MOSS LANDING COUNTY SANITATION DISTRICT
Roll Call:
Present: Directors Salinas Chair), Armenta, Calcagno, Parker, and Potter
7. CONSENT CALENDAR MOSS LANDING COUNTY SANITATION
DISTRICT See Supplemental Sheet, Item 31)
Motion by Director Calcagno, seconded by Director Parker. ALL AYES
Adjourned
Convened as the Board of Supervisors of the Monterey County Water Resources
Agency
MONTEREY COUNTY WATER RESOURCES AGENCY
Roll Call:
Present: Directors Salinas Chair), Armenta, Calcagno, Parker, and Potter
8. CONSENT CALENDAR MONTEREY COUNTY WATER RESOURCES
AGENCY See Supplemental Sheet, Item 32)
Motion by Director Potter, seconded by Director Armenta. ALL AYES
Adjourned
Reconvened as the Monterey County Board of Supervisors
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Monterey County Board of Supervisors Page 5
APPOINTMENTS: Items 9 through 11 were heard concurrently.
9. Reappointed Pauline Tomasini and Edward Panziera to the Mission-Soledad
Rural Fire Protection District, terms ending November 30, 2013.(Supervisor
Salinas)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
10. Appointed Alma McHoney to the Equal Opportunity Commission term ending at
the Pleasure of the Board.(Supervisor Calcagno)
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
11. Reappointed George McInnis, Swarup Wood and Robert Shingai to the Monterey
County Solid Waste Hearing Panel, each to serve an additional four-year term
ending November 30, 2014.
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
OTHER BOARD MATTERS:
12. Board Comments
Supervisor Parker announced her next guests at Hot Drinks and Hot Topics will
be Lynn Diebold to discuss the Next Generation Emergency Network Project. She
advised the 2011 Hot Drinks and Hot Topic meetings will be held at the Monterey
County Library in Seaside at 4 p.m. on Monday evenings. She also recognized
staff who worked on the telephone system for the County.
13. CAO Comments and Referrals. None.
14. Public Comment:
Hans Jongens
Nina Beety
15. Received Budget Committee Report and Action Minutes for the 4th Quarter of
Fiscal Year 2009-10 April 8, 2010, April 28, 2010, and May 26, 2010).
Motion by Supervisor Calcagno, seconded by Supervisor Armenta. ALL
AYES
SCHEDULED MATTERS
S-1 Public Hearing held and the Board:
a. Took action on two 2) Applications to establish Agricultural Preserve and
Land Conservation Contracts and seventeen 17) Applications to establish
Farmland Security Zones and Contracts effective January 1, 2011;
b. Approved Applications for fifteen 15) Farmland Security Zones and
Contracts FSZ No. 2011-001 Huntington Farms Inc. and Steinbeck Country
Produce); FSZ No. 2011-004 Nunes Company Affiliates; NSHE CA Ivo,
LLC, Frank Robert Nunes Revocable Living Trust; and ATN Family 1999
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�Minutes November 30, 2010
Monterey County Board of Supervisors Page 6
Trust); FSZ No. 2011-005 Joseph and Gail Boskovich and Philip and Inge
Boskovich); FSZ No. 2011-006 Dan and Helen Jean Menke Family Trust;
Daniel Martin; Margaret Ostarello; Kathleen Draper); FSZ No. 2011-008
Dinna G. Sargenti Family Trust; Guido Sargenti and Martha Lou Sargenti
Trust; Robert and Rusti Silacci; Joseph and Gail Boskovich; Phillip and Inge
Boskovich; and Robert W. Salacci and Rusti Lee Silacci Revocable Trust);
FSZ No. 2011-009 Dorothy F. Hageman Revocable Living Trust and Mary
B. Rowan Revocable Living Trust); FSZ No. 2011-010 Dorothy F. Hageman
Revocable Living Trust and Mary B. Rowan Revocable Living Trust); FSZ
No. 2011-011 Harkins Road Building Limited Partnership and Stephen
Griffin Family Trust); FSZ No. 2011-012 Lark Corporation S.A.); FSZ No.
2011-013 Freyer Ranch LLC); FSZ No. 2011-015 Freyer Ranch LLC); FSZ
No. 2011-016 Freyer Ranch LLC); FSZ No. 2011-017 Mills Ranch; Pura,
Hitchcock, Gill, Romans); FSZ No. 2011-018 Hayes Ranch; Stanley J. Pura
Revocable Trust, David and Susan Gill Family Trust, Romans Revocable
Trust, Hitchcock Family Trust; Ann Nail Separate Property Trust and Marilyn
Diane Banta) and FSZ No. 2011-019 Meyers Ranch; Pura, Hitchcock, Gill
Romans)]and two 2) Applications to establish Agricultural Preserve and
Land Conservation Contracts; AgP No. 2011-002 California Rangeland
Trust and August Edward Harden and Carolina Ann Harden) AgP No. 2011-
014 Giannini Living Trust and McHaney Family Trust)]
c. Continued to 2012 two 2) Applications for a Farmland Security Zone
Contract;
d. Authorized Chair to execute Farmland Security Zone Contracts and Land
Conservation Contracts; and
e. Directed the Clerk of the Board to record the Farmland Security Zone
Contracts and Land Conservation Contracts.(PLN100299/Williamson Act
Contract Applications, County-wide)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. ALL AYES
S-2 Accepted an oral presentation by the Director of Health on the American Medical
Response AMR) Ambulance contract including ambulance response times,
contract compliance, and enforcement activities in North County for the first six
6) months.
Motion by Supervisor Calcagno, seconded by Supervisor Parker with
direction to staff to work on a solution to inadequacy of response and a
summary of factors that cause delays. ALL AYES
Public comment: Doug Patrick for AMR.
12:00 P.M. Recessed to Lunch Continued Closed Session
RECONVENED
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�Minutes November 30, 2010
Monterey County Board of Supervisors Page 7
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, Parker and Potter.
SCHEDULED MATTERS
S-6 Continued to December 14, 2010 the appeal of William McKiernan, of the August
26, 2010 discretionary decision by the Zoning Administrator to approve the
Combined Development Permit PLN090364/Pelio), to a future hearing.
Continued from November 9, 2010)(Added via Addendum)
Motion by supervisor Potter, seconded by Supervisor Armenta. ALL AYES
S-3 a. Received report and consider recommendation by the Legislative Committee
to adopt the 2011 Legislative Program documents 2011 Legislative Platform
and 2011 Legislative Principles and Priorities);
b. Received annual legislative report from Monterey County's federal legislative
advocate, Brent R. Heberlee of Nossaman LLP; and
c. Received annual legislative report from Monterey County's state legislative
advocate, John E. Arriaga of JEA & Associates.
Motion regarding item a.: by Supervisor Potter, seconded by Supervisor
Parker to as drafted, staff to make changes as appropriate. ALL AYES
Motion regarding item b.: by Supervisor Calcagno, seconded by
Supervisor Potter. ALL AYES
Motion regarding item c: by Supervisor Armenta, seconded by
Supervisor Parker. ALL AYES
S-4 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 Society for the Prevention of Cruelty to Animals of
Monterey County SPCAMC), a non profit public benefit corporation, to
finance a construction and renovation project; and
b. Adopted Resolution No. 10-313 approving the issuance of up to $5,000,000
in taxable or tax-exempt revenue bonds by the California Enterprise
Development Authority CEDA) for the benefit of the Society for the
Prevention of Cruelty to Animals of Monterey County to provide for the
financing of the project.
Motion by supervisor Potter, seconded by Supervisor Armenta. ALL AYES
S-5 Continued to December 7, 2010
Public Hearing held for the Board of Supervisors to consider:
a. Adopting an interim ordinance as an urgency measure that establishes a
General Plan consistency determination process for discretionary and
ministerial permits, pending adoption of applicable programs and ordinances
to implement the 2010 Monterey County General Plan; or
b. Providing direction to staff to draft a detailed interim ordinance pending
adoption of applicable programs and regulations to implement the General
Plan.
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Monterey County Board of Supervisors Page 8
General Plan Interim Ordinance REF100050/County of Monterey-4/5th vote
required)
Public Comment: Ron Chesshire; Amy White; Dale Ellis
Motion by Supervisor Calcagno, seconded by Supervisor Potter. ALL AYES
CLOSED SESSION REPORT: See 2 a-f)
ORDER FOR ADJOURNMENT
SIMON SALINAS, CHAIR
BOARD OF SUPERVISORS
ATTEST: GAIL T. BOARKOWSKI
Clerk of the Board
BY:
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Supplemental Sheet)
CONSENT CALENDAR
NATIVIDAD MEDICAL CENTER:
16. Agreement No. A-11891 Authorized the Purchasing Manager for Natividad
Medical Center NMC) to execute the Agreement with Versaworks Inc. for
Information Technology Professional Services at NMC in an amount not to
exceed $832,900 for the period November 1, 2010 to June 30, 2011.
17. Agreement No. A-11892 Authorized the Purchasing Manager for Natividad
Medical Center NMC) to execute the Second Amendment to Professional
Medical Services Agreement with Precision Orthopedics to provide Orthopedic
Services at NMC in an amount not to exceed $1,200,000 for the period December
1, 2010 to November 30, 2011.
HEALTH AND SOCIAL SERVICES:
18. Agreement No. A-11893
a. Approved and authorized the Monterey County Veteran's Services Officer to
sign a Memorandum of Understanding with the California Department of
Veterans Affairs CDVA) for the provision of a Collaborative Lead Associate
Governmental Program Analyst for the CDVA's Central Coast Regional
Collaborative; and
b. Authorized the Monterey County Veteran's Services Officer to sign up to
three 3) amendments to this M.O.U. that do not significantly change the
scope of work.
GENERAL GOVERNMENT:
19. Approved the recommendations of the Association of, Monterey Bay Area
Governments AMBAG) Board of Directors and amendment of the AMBAG
Bylaws.
Motion by Supervisor Parker, seconded by Supervisor Armenta to approve
item 19, revising the timeline for approval of amendments to bylaws as
follows: Instead, amendments would require a 2/3 vote of members present,
provided that a copy of the proposed amendment is mailed to each member
agency a minimum of fifteen 15) 30 days in advance"; and directed staff to
advise AMBAG of this change.
20. Item deleted.
21. Construction No. 2010-008 Authorized acceptance of work and file a combined
Notice of Completion for the second and third final) quarters of the annual
maintenance of park roadways at Laguna Seca Recreation Area for calendar year
2010, Bid No. 10225.
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Monterey County Board of Supervisors Page 10
22. Construction No.: 2010-013
a. Authorized Director of Parks to accept work and file Notice of Completion for
Island Group Area Building Improvements at. Laguna Seca Recreation Area,
Bid No. 10252; and
b. Authorized the Purchasing Manager to increase the contract with Mill
Construction for an additional $4,233.00 in the Parks Department, Account
001-7500-7516-6780 for an unanticipated Change Order for a new adjusted
contract total of $91,126.
23. Construction No. 2010-14
a. Authorized Director of Parks to accept work and file Notice of Completion for
The Island Group Area Improvements at Laguna Seca Recreation Area, Bid
No. 10251; and
b. Authorized the Purchasing Manager to increase the contract with Garcia
Engineering for an additional $10,551.47 in the Parks Department, Account
001-7500-7516-6780 for an unanticipated Change Order, for an adjusted
contract total amount of $143,942.47.
24. Agreement Nos. A-11894; A-11895
a. Approved and authorized the Deputy Chief Park Ranger/South County
Operations Manager to sign two 2) Standard Grant Agreements with the
Department of Boating and Waterways A-11894) for patrol boat equipment
Agreement No. 10-204-769 for $38,000) and new patrol boat A-11895)
Agreement No. 09-204-750 for $80,000); and
b. Authorized the Contracts/Purchasing Officer to approve the purchases up to
the approved grant amounts $38,000.00 and $80,000 respectively.
25. Adopted Resolution No. 10-311 to approve four tentative agreements and one
tentative grievance settlement letter of understanding negotiated with SEIU Local
521 regarding pay issues that surfaced as a result of the implementation of the
new Advantage HRM/Payroll system.
RMA PLANNING DEPARTMENT:
26. a. Accept and authorized the Chair of the Board of Supervisors to execute a
Revised Conservation and Scenic Easement Deed;and
b. Direct the Clerk of the Board to submit the Revised Conservation and Scenic
Easement Deed to the County Clerk for recordation, Conservation and Scenic
Easement Deed REF10046/17160 Wilson Way, Royal Oaks, North County
Area Plan)
27. Agreement No. A-11242
a. Approved Amendment No. 7 to Reimbursement Agreement No. A-11242
with September Ranch Partners to increase the County Surcharge by $28,160
for a total amount not to exceed $54,735 to allow reimbursement to County of
Monterey for costs incurred by the Resource Management Agency Planning
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NOVEMBER 30, 2010 SIGNED MINU�
�Minutes November 30, 2010
Monterey County Board of Supervisors Page 11
Department for production costs and County staff time associated with
preparation of the Final Revised Water Demand Analysis, and process the
project application for the September Ranch Subdivision PLN050001) east of
Highway 1 on the north side of Carmel Valley Road, for a term through
January 31, 2011; and
b. Authorized the Director of Planning to execute Amendment No. 7 to
Reimbursement Agreement No. A-11242 and future amendments to this
Agreement where the amendments do not significantly alter the scope of work
or change the approved Agreement amount.(Amendment
PLN050001/September Ranch)
RMA PUBLIC WORKS:
28. Adopt Resolution No. 10-310; Construction No. 2010-009
a. Accepted the Certificate of Completion for construction of San Miguel
b. Canyon Road Signal Coordination, Project No. 10-135065; and
Authorized the Director of Public Works to execute and record the Notice of
Completion.
29. Agreement No. A-11889
a. Approved Renewal to Professional Services Agreement with AMEC
Geomatrix, Inc. to continue to provide tasks associated with groundwater
contamination monitoring and gas monitoring; and waste discharge
requirement reporting services for the closed County landfills located at
Bradley, San Ardo, and Lake San Antonio North Shore in the amount of
$63,600 for a total amount not to exceed $160,400 and extend the term
through June 30, 2011; and
b. Authorized the Contracts/Purchasing Officer to execute the Renewal to the
Professional Services Agreement and future amendments that do not
significantly alter the scope of work or change the approved Agreement
amount.
BORONDA COUNTY SANITATION DISTRICT:
30. Acting as the Board of Directors of the Boronda County Sanitation District:
Agreement No.: A- 11890
a. Approved and authorized the Director of Public Works, or his designee, to
execute the proposed Purchase and Sale Agreement for the San Jerardo Water
System between the County of Monterey, Boronda County Sanitation District
and John W. Richardson, Federal Receiver, for the San Jerardo Water System;
b. Approved and authorized the transfer of the Federal Receiver's Vendor
Agreements/Amendments for Operation and Maintenance of the San Jerardo
Water System with MCSI to the County of Monterey, Boronda County
Sanitation District; and
c. Approved and authorized the Contracts/Purchasing Officer to approve a sole
source exemption for MCSI on an interim, temporary basis pending
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NOVEMBER 30, 2010 SIGNED MINU�
�Minutes November 30, 2010
Monterey County Board of Supervisors Page 12
completion of the Request for Proposal process for the long-term Operation
and Maintenance of the San Jerardo Water System.
31. Acting as the Board of Directors of the Moss Landing County Sanitation District:
Agreement No.: A-11891
a. Approved Agreement with the Castroville Community Services District
CCSD) for CCSD to provide Operation and Maintenance O&M) Services
for the wastewater collection system in the Moss Landing County Sanitation
District DISTRICT); and
b. Authorized the Chair to execute the Agreement, related documentation
necessary to effectuate the Agreement, and future amendments that do not
significantly alter the scope of work or change the approved Agreement
amount.
MONTEREY COUNTY WATER RESOURCES AGENCY:
32. Acting as the Board of Supervisors of the Monterey County Water Resources
Agency:
Accepted the Monterey County Floodplain Management Plan 2010 Annual
Report.
###
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DECEMBER 7, 2010 SIGNED MINUT�'
�MONTEREY COUNTY
BOARD OF SUPERVISORS
Fernando Armenta
Louis R. Calcagno
Simon Salinas
Jane Parker
Dave Potter
1st District Lew C. Bauman
2nd District County Administrative Officer
3rd District Chair)
4th District Vice-Chair) Charles J. McKee
5th District County Counsel
Gail T. Borkowski Phone: 831) 755-5066
Clerk of the Board FAX: 831) 755-5888
P. O. Box 1728 www.co.monterey.ca.us
Salinas, CA 93902
ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
TUESDAY, DECEMBER 7, 2010
9:00 A.M.
9:00 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, and Parker.
Absent: Supervisor Potter.
1. Additions and Corrections for Closed Session: There were no additions or
corrections to Closed Session.
CLOSED SESSION
2. Closed Session under Government Code section 54950, relating to the following
items:
a. Pursuant to Government Code section 54957, the Board will confer regarding
discipline, dismissal, or release of a public employee.
CLOSED SESSION REPORT: The Board heard a matter of an arbitration,
and approved the arbitrators award; tentatively and will be moving forward
in this confidential public employee matter.
b. Pursuant to Government Code section 54957.6(a), the Board will confer with
legal counsel regarding existing litigation.
1) M. Sapiens Group Grievance SEIU Case No. 57501-521; State Mediation
and Conciliation Service Case No. ARB-09-0308)
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 2
CLOSED SESSION REPORT: The Board authorized Counsel to amend the
contract with Renne, Sloan, Holtzman and Sakai Public Law Group to assist
in providing defense in this matter.
c. Pursuant to Government Code section 54957.6(b), the Board will confer with
legal counsel regarding two items of significant exposure to litigation.
CLOSED SESSION REPORT: The Board heard from counsel and provided
direction on how to proceed.
d. Pursuant to Government Code section 54957, the Board will provide a
performance evaluation for the Natividad Medical Center CEO.
CLOSED SESSION REPORT: The Board provided a performance
evaluation for the Natividad Medical Center CEO and this evaluation will
resume on December 8, 2010 at a Special Joint Meeting of the Board of
Supervisors and the NMC Board of Trustees.
10:30 A.M.
ROLL CALL:
Present: Supervisors Salinas Chair), Armenta, Calcagno, and Parker.
Absent: Supervisor 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, as provided in Section 54954.2 of
the California Government Code the Board is asked to make the following
additions and corrections:
Add Under Ceremonial Resolutions:
7.1 Adopt a Resolution honoring Tony Campos for his service to Santa Cruz
County as 4th District Supervisor. Supervisor Calcagno)
Remove Under Regular Consent Planning:
15. a. Accept and authorize the Chair of the Board of Supervisors to execute a
Revised Conservation and Scenic Easement Deed; and
b. Direct the Clerk of the Board to submit the Revised Conservation and
Scenic Easement Deed to the County Clerk for recordation.
Conservation and Scenic Easement Deed REF100046/17160 Wilson Way,
Royal Oaks, North County Area Plan)
Adjournment
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 3
Adjourn in Memory of Sgt. Wayne Ashlock and Mary Angie Lopez, Craig
Nicholson added later in meeting)
Motion by Supervisor Calcagno, seconded by Supervisor Parker to approve
Additions and Corrections. 4-0 Supervisor Potter Absent)
5. CONSENT CALENDAR REGULAR See Supplemental Sheet)
Motion by Supervisor Calcagno, seconded by Supervisor Parker to
approve. 4-0 Supervisor Potter Absent)
6. Adopted Resolution No. 10-315 honoring an Hunter Harvath as the Monterey
County Hospitality Association 2010 Volunteer of the Year Award. Supervisor
Potter)
Motion by Supervisor Parker, seconded by Supervisor Armenta. 4-0
Supervisor Potter Absent)
7. Adopted Resolution No. 10-314 honoring Deputy Bryan Hoskins as the Monterey
County Sheriff's Office Deputy of the Year 2010. Full Board)
Motion by Supervisor Parker, seconded by Supervisor Armenta. 4-0
Supervisor Potter Absent)
7.1 Adopted Resolution No. 10-316 honoring Tony Campos for his service to Santa
Cruz County as 4th District Supervisor. Supervisor Calcagno) Added
Additions/Corrections)
Motion by Supervisor Parker, seconded by Supervisor Armenta. 4-0
Supervisor Potter Absent)
APPOINTMENTS:
8. Reappointed Erik Cushman, Ralph Rubio and Scott Grover to the Monterey
County Workforce Investment Board, terms ending December 11, 2013.(Full
Board)
Motion by Supervisor Calcagno, seconded by Supervisor Armenta. 4-0
Supervisor Potter Absent)
8.1 Reappointed Verna Snowden to the Greenfield Cemetery District, term ending
December 31, 2014.
Motion by Supervisor Calcagno, seconded by Supervisor Armenta. 4-0
Supervisor Potter Absent)
8.2 Reappointed Carl Hanson and Silvio Bernardi to the Northern Salinas Valley
Mosquito Abatement District terms ending January 1, 2015.(Supervisor
Calcagno)
Motion No. 1: by Supervisor Calcagno, seconded by Supervisor Armenta to
reappoint Carl Hanson to the Northern Salinas Valley Mosquito Abatement
District for a term ending January 1, 2015 and Silvio Bernardi to the
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 4
Monterey County Water Resources Agency Board of Directors for a term
ending January 1, 2015. 4-0 Supervisor Potter Absent)
Motion No. 2: by Supervisor Calcagno, seconded by Supervisor Parker to
reconsider. 4-0 Supervisor Potter Absent)
Motion No. 3: by Supervisor Calcagno, seconded by Supervisor Armenta to
reappoint Silvio Bernardi to the Northern Salinas Valley Mosquito
Abatement District for a term ending January 1, 2015.(Supervisor
Calcagno) 4-0 Supervisor Potter Absent)
8.3 Reappointed Salvador Vasquez to the Pajaro Valley Water Management Agency
term ending December 1, 2014.(Supervisor Calcagno)
Motion by Supervisor Calcagno, seconded by Supervisor Armenta. 4-0
Supervisor Potter Absent)
OTHER BOARD MATTERS:
9. Board Comments
Supervisor Armenta attended two community outreach forums in East Salinas,
one conducted by the California Endowment Building Healthy Communities"
to encourage more resident participation in setting goals and objectives; and
one with the Community Alliance for Safety and Peace aimed at resident
involvement, in the effort to reduce violence in east Salinas. He also attended
the 3rd Annual Omni Resources open house.
Supervisor Parker thanked the Director of Emergency Communications Lynn
Diebold, the law enforcement team and Purchasing Director for attending Hot
Drinks & Hot Topics and announced the last meeting for 2010 is next Monday.
Hot Drinks & Hot Topics meetings will resume in 2011 at the City of Seaside at
the Monterey Free Library.
Supervisor Calcagno announced at North County High School scoping meeting
for Granite Ridge and environmental document will take place under the
direction of the Monterey County Water Resources Agency and the firm
preparing the environmental document.
10. CAO Comments and Referrals
The County Administrative Officer advised of the following Board referral from
Supervisor Parker: Request to establish a deadline for the County to act on
discretionary permits and to review procedural issues and complexities when the
applications were submitted on rules that are different than those currently in
place.
11. Public Comment
Steve Eklund; Linda Kaufman; Hans Jongens; Nina Beety
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 5
SCHEDULED MATTERS
S-1 Agreement No. A-11897; Board Budget No. 10/11-058
a. Approved and authorized the Contracts/Purchasing Officer to sign and
execute the Radio System Purchase Agreement Purchase Agreement) with
Harris Corporation in an amount not to exceed $7,806,940 for shared
infrastructure and an additional $7,210,000 for subscriber equipment for a
term beginning December 7, 2010 and concluding at the end of the Warranty
Period defined in the Purchase Agreement;
b. Approved and authorized the Contracts/Purchasing Officer to sign contract
amendments to utilize the project contingency fund and any change orders
including those required to pay sales tax not included in the Purchase
Agreement using funds available in the NGEN Project Fund upon approval of
County Counsel and the Director of Emergency Communications;
c. Approved and authorized the Contracts/Purchasing Officer to sign the Stand
Alone Agreements" referenced in Section 4 of the Purchase Agreement as
they become a necessary part of the completion of the project upon approval
of County Counsel and the Director of Emergency Communications;
d. Approved and authorized the Contracts/Purchasing Officer to sign
Amendment No. 1 to Memorandum of Agreement RE Next Generation Radio
System Joint Governance and Financing NGEN Financing Agreement) with
the City of Salinas to commit the City of Salinas to a purchase of at least
$1,900,000 in subscriber equipment and Amendment No. 2 to the NGEN
Financing Agreement with the City of Monterey to commit the City of
Monterey to a purchase of at least $900,000 in subscriber equipment to meet
County commitment of $7,210,000 in order to receive a significant discount
on infrastructure;
e. Approved the funding proposal for the County share of the project costs
Attachment 2) including seeking contribution from outside funds where
possible; and
f. Subject to approval of project financing, authorized the Auditor-Controller to
increase revenue and appropriations by $1,951,735 in the NGEN Project Fund
Appropriation Unit EME002 for contract costs anticipated this fiscal year
4/5th vote required).
Presenters: Lynn Diebold, Fred Cohen; Zach Sturngold; Ron Holly; Commander
Tracy Malfino.
Public comments: Nina Beety; Hans Jongens; Mike Doherty Paris Corporation
Motion by Supervisor Armenta, seconded by Supervisor Parker. 4-0
Supervisor Potter Absent)
S-2 a. Granted County Debt Manager Authority Authorize the County Debt Manager
to execute all documents necessary to complete financing of the Next
Generation Radio System Project NGEN Project); and
b. Adopted Resolution No. 10-317 authorizing the execution and delivery by the
County of a lease, a sublease and an acquisition fund and control agreement
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�Minutes December 7, 2010
Monterey County Board of Supervisors Page 6
and authorizing execution of necessary documents and certificates and related
actions. Title Changed via Supplemental)
Motion by Supervisor Armenta, seconded by Supervisor Parker. 4-0
Supervisor Potter Absent)
S-3 Considered and allowed decision making bodies to provide new discretionary
land use entitlements excluding subdivisions and lot line adjustment) three 3)
years through December 31, 2012) to clear their conditions and either begin
actual construction or commence the allowed use.(Permit Extension PD090361,
Countywide)
Motion by Supervisor Calcagno, seconded by Supervisor Parker. 4-0
Supervisor Potter Absent)
Recessed to Lunch Board of Supervisors and Natividad Medical Center Board of
Trustees Leadership Committee Meeting.
Reconvened
SCHEDULED MATTERS
Roll Call
Present: Supervisors Salinas Chair), Armenta, Calcagno, and Parker.
Absent: Supervisor Potter.
S-4 Board Budget No. 10/11-089
Approved recommendations from the Board Economic Development Committee
to:
a. Create an Economic Development Department;
b. Create an Economic DevelopmentlWorkforce Investment Board WIB)
Director position and approve the job description/annual salary see
attachment);
c. Add a Management Analyst II position in the Economic Development
Department;
d. Approve Economic Development Department organizational structure
attached);
e. Direct the County Administrative Officer to consolidate the Economic
Development/WIB Director, WIB staff, and Redevelopment and Housing
Office staff in a single facility;
f. Direct the CAO to identify the funding source for the Economic Development
Department and to allocate costs for the Economic Development/WIB
Director annual salary costs shared between Economic Development,
Redevelopment and Housing, and Workforce Investment Board);
g. Approve the composition and roles/responsibilities of the Board Standing
Economic Development Committee see attachment); and
h. Direct the CAO to take all other necessary actions to establish the Economic
Development Department and Economic Development/WIB Director
position; and
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 7
i. Additionally directed that committee structure would work with the
possible merger of OET within a year.
Public comment: Elma McCunney; Harry Gamotan; Julie Felice; Sherry Tune.
Motion by Supervisor Calcagno, seconded by Supervisor Armenta. 4-0
Supervisor Potter Absent)
S-5 Considered adopting a resolution approving and authorizing the Chair of the
Board of Supervisors to sign the Monterey County Community Wildfire
Protection Plan MCCWPP)-(Community Wildfire Protection Plan PD090290,
Countywide)
Public comment: Pam Silkwood; Frank Penny; Dick Ravich; Sherry Tune; Rod
McMann; Michael Emmett; Mike Kaplan; Robin Hammlin; Lynn Sumaria; Seth
Parker; Kelly O'Brien; Art Trainer.
Motion by Supervisor Armenta, seconded by Supervisor Calcagno adopting
Resolution of Intention 10-328 to approve staff recommendations and
continued this item to December 14, 2010; directed staff to work with
interested parties on issues that were raised today. 4-0 Supervisor Potter
Absent)
S-6 a. Considered and adopted an urgency Ordinance 5170 1) making express
findings regarding amendments to the California Building Standards Code
that are reasonably necessary due to local climatic, geological or topographic
conditions pursuant to Sections 17958.7 and 18941.5 of the Health And
Safety Code; 2)amending sections 1.22.060 and 1.22.130 of the Monterey
County Code; 3) repealing sections 16.08.450, 16.08.460, 16.08.470,
16.08.480, 16.08.490, 16.08.500, 16.08.510, 16.08.520, 16.12.180 and
16.12.210; 4) repealing chapters 18.04, 18.06, 18.08, 18.12, 18.14, 18.16,
18.20, 18.22, 18.24, 18.26, 18.28, 18.32, 18.36, 18.38, 18.51, 18.52 and 18.54;
and, 5) adding chapters 18.01, 18.02, 18.03, 18.04, 18.05, 18.06, 18.07, 18.08,
18.09, 18.10, 18.11, 18.12, 18.13, 18.14, 18.15, 18.16 and 18.17 relating to
adoption of the 2010 edition of the California Building Standards Code and
local amendments with related administrative and enforcement provisions;
and
b. Considered and set the amount of $1,000 as the incentive rebate to be
established towards construction permit fees for those projects that voluntary
comply with the CALGreen Tier 2 level of performance in the 2010 California
Green Building Standards Code. 4/5th vote required)
Public comment: Dorothy Priello; Robin Hammelin
Motion by Supervisor Calcagno, seconded by Supervisor Armenta to
approve staff recommendations, including the revision to page 35, 0.1.b. of
the ordinance changing total floor area from 500 square feet to 12,000 square
feet. 4-0 Supervisor Potter Absent)
S-7 Public Hearing for the Board of Supervisors to consider:
a. Adopting an interim ordinance as an urgency measure that establishes a
General Plan consistency determination process for discretionary and
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 8
ministerial permits, pending adoption of applicable programs and ordinances
to implement the 2010 Monterey County General Plan; or
b. Providing direction to staff to draft a detailed interim ordinance pending
adoption of applicable programs and regulations to implement the General
Plan. General Plan Interim Ordinance REF100050/County of Monterey-
4/5th vote required) Title Changed via Supplemental)
Public comment: Dale Ellis; Joel Panzer; Amy White; Andy Myrick sp)
Motion by Supervisor Calcagno, seconded by Supervisor Armenta to
continue this item to December 14, 2010 for consideration and to receive an
update from County Counsel on the impact of pending litigation. 4-0
Supervisor Potter Absent)
Other Board Matters:
Supervisor Calcagno announced a meeting on December 8th from 4:00 pm 5:30 pm at
the Monterey County Office of Education to explore new technique in learning and
what a Resource Area for Teachers RAFT) can mean for Monterey County schools.
Supervisor Armenta directed a referral to the County Administrative Officer requesting:
1) Military Veterans Affairs provide the County Medal to the family of Wayne
Ashlock, who died while serving on active duty as a member of the Armed Forces; 2)
staff to issue a letter of condolence and purchase flowers for Sgt. Ashlock's family on
behalf of the Board of Supervisors; 3) the Chair to appeal to the Governor of California
for a proclamation that the National flag shall be flown at half-staff within the County
of Monterey in honor of Sgt. Ashlock following all protocols for lowering of the flag;
4) CAO staff to bring a resolution on January 11, 2011 formalizing this protocol for
fallen residents of Monterey County serving on active duty in the Armed Forces; he
also requested the County family offer their support to Sgt. Ashlock's family during
this difficult time.
Supervisor Calcagno requested the Chair and County Administrative Office organize a
reception to honor 2010 retiring elected officials and long time County employees for
their service to the County.
Motion by Supervisor Armenta, seconded by Supervisor Calcagno approving these
referrals action. 4-0 Supervisor Potter Absent)
CLOSED SESSION REPORT: see item 2a. through d.)
ORDER FOR ADJOUGMENT
In Memory of Sgt. Wayne Ashlock, Angie Lopez and Craig Nicholson
SIMON SALINAS, CHAIR
BOARD OF SUPERVISORS
ATTEST: GAIL T. BORKOWSKI
Clerk of the Board
BY:
Cle of t,?Boary 2,,',-/'
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 9
Supplemental Sheet)
CONSENT CALENDAR
HEALTH AND SOCIAL SERVICES:
12. Board Budget No. 10/11-060
a. Approved and authorized the Director of Health to accept and implement the
new three-year $974,964 Substance Abuse and Mental Health Services
Administration, Center for Substance Abuse Treatment grant Grant Number
H79TI022902-01) entitled Monterey County Juvenile Treatment Drug
Court;"
b. Approved and amended the Fiscal Year FY) 2010-11 Health Department
Budget Unit HEA002-8082 to add a 1.0 FTE Psychiatric Social Worker II and
a 1.4 FTE Social Worker III; and
c. Authorized the County Administrative Office to incorporate approved actions
in the FY 2010-11 Health Department Adopted Budget for Unit HEA002-
8082 to reflect the change in position count.
GENERAL GOVERNMENT:
13. a. Authorized the Contracts/Purchasing Officer to sign a Professional Services
Agreement with Mathis Consulting Group in the amount of $2,000 for
services previously performed on the Emergency Services Manager
recruitment assessment
b. Authorized the Auditor Controller's Office to pay for work completed prior to
approval of the Agreement.
14. a. Received the Certified Statement of Votes cast and results of the November 2,
2010 Consolidated General Election;
b. Declared elected the candidates to their respective offices who received the
highest number of votes on November 2, 2010, for which the Board of
Supervisors has jurisdiction; and
c. Declared reelected the incumbent candidates nominated to the office of
Superior Court Judge in accordance with California Elections Code Section
8203.
RMA PLANNING DEPARTMENT:
15. PULLED DURING ADDITIONS AND CORRECTIONS
a. Accepted and authorized the Chair of the Board of Supervisors to execute a
Revised Conservation and Scenic Easement Deed;and
b. Directed the Clerk of the Board to submit the Revised Conservation and
Scenic Easement Deed to the County Clerk for recordation. Conservation
and Scenic Easement Deed REF100046/17160 Wilson Way, Royal Oaks,
North County Area Plan)
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DECEMBER 7, 2010 SIGNED MINUT�'
�Minutes December 7, 2010
Monterey County Board of Supervisors Page 10
RMA PUBLIC WORKS:
16. a. Approved submittal of a Highway Safety Improvement Program grant
applications to Caltrans for a total amount not to exceed $900,000; and
b. Authorized the Director of Public Works, or his designee, to act as the agent
for the County in processing all documentation to secure these funds.
###
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DECEMBER 8, 2010 SIGNED MINUT�2�Special Joint Meeting
Monterey County Board of Supervisors and
Natividad Medical Center Board of Trustees
Action Minutes
December 8, 2010
9:00 A.M
Rancho Cielo, X09 710 Old Stage Road, Salinas, CA 93906
9:00 A.M.
Roll Call
Present: Supervisors Salinas Chair), Armenta, Calcagno*, Parker and Potter*.
* Arrived shortly after roll call.
Present Natividad Board of Trustees: John O'Brien Chair), Roy Robbins, Rod
Braga, Maggie Eaton, Kelly O'Keefe, Dr. Distante; Lew Bauman,
Others present: Dr. Richard Garcia, Harry Weis, Charles McKee
The Pledge of Allegiance was led by Supervisor Salinas.
1 Public Comment Michael Miller commented on the Joint Board of
Supervisors/Natividad Board of Trustees Leadership meeting held on
December 7t' and requested all interested parties be notified of meetings so
they can be included in the discussion.
Judge John Phillips welcomed attendees.
2. Presentation on Board of Supervisors' Strategic Plan Initiative No. 4 Federal
Healthcare reform and California's 1115 MediCal Waiver and the operational
and governance implications for Natividad Medical Center to be able to
continue to ensure its ability to provide accessible, quality healthcare
throughout Monterey County, and provide appropriate direction to staff.
a. Elinor Hall Health Reform: Implications for Monterey County
1. The Affordable Care Act ACA) is just beginning
2. California may move faster with reform than the US at large.
3. Medi-Cal will grow
4. Public control and regulation of insurance will increase
5. The collection, use and roles of data will grow
6. Primary care and outpatient services will boom
7. Hospitals' roles will change
b. Larry S. Gage Gearing Up for Health Reform: Best Practices in
Public Hospital Governance and Structure
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DECEMBER 8, 2010 SIGNED MINUT�2�1. Overview of NAPH
2. Environmental Threats Facing Public Hospitals
3. Challenges & Opportunities of Health Reform
4. Governance & Structure of NAPH Members
5. Why Do Public Hospitals Restructure?
6. Reorganization Options: Reforms Adopted by NAPH Members
c. Erica Murray What is the CA Section 1115 Waiver?
1. 1115 waiver is primary source of public hospital funding
2. Waiver holds much promise to prepare county delivery systems for
2014
3. Need to reshape & retool our existing infrastructure so that is efficient,
patient-centered, and high quality, able to compete for patients and
become the provider of choice for the newly covered.
4. Lot of work to do to get there, but the promise is real.
5. As coverage expands and DSH funds are reduced, that much more
important to achieve milestones.
d. Question and Answer session by panel members, Elinor Hall, Larry Gage,
and Erica Murray.
CLOSED SESSION:
3. a. Pursuant to Government Code section 54957, the Board of Supervisors and
Board of Trustees will provide a performance evaluation for the Natividad
Medical Center CEO.
b. Pursuant to Health and Safety Code section 1462 and Government Code
section 37606, the Board of Supervisors and the Board of Trustees will
confer regarding trade secrets concerning a proposed new service, program or
facility.
4. Adjourned to regular meeting on December 14, 2010.
APPROVED:
SIMON SALINAS, CHAIR
BOARD OF SUPERVISORS
ATTEST: GAIL T. BORKOWSKI
Clerk of the Board
BY:
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