Santa Cruz County Board of Supervisors Minutes: 11/4/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 30
Tuesday, November 4, 2003

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.		All Supervisors present - Fifth District Seat vacant
2.		Moment of Silence and Pledge of Allegiance
3.		Additions and deletions to the Consent Agenda: ADDED, Item No. 65.1, Item No. 65, DELETED: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION: Case Name/No.,: Monterey County Water Resources Agency v. County of Santa Cruz, et al. San Benito County Superior Court Case No. 228382
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eight people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 21, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 16, 2003 through October 29, 2003 and approved upon adoption of the 2003/2004 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board

9.   APPROVED the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waived a detailed reading of said ordinances, as recommended by County Counsel

10.   ADOPTED ORDINANCE NO. 4742 Amending Chapter 4.50 of the Santa Cruz Code by deleting Section 4.50.020 Relating to the Limits of Supplemental Tax Bills

11.   REJECTED the claim of Paul M. Reith, No. 304-038, and referred to County Counsel

12.   REJECTED the claim of Loren L. Lazarotti, No. 304-040, and referred to County Counsel

13.   REJECTED the claim of Ric Benitti, No. 304-041, and referred to County Counsel

14.   REJECTED the claim of Brian Segarini, No. 304-036A, as insufficiently filed, and referred to County Counsel

15.   REJECTED the claim of Brian Segarini, No. 304-036B, as insufficiently filed, and referred to County Counsel

16.   INSTRUCTED the Auditor to issue a replacement warrant in the amount of $3,302.75 to replace the specified uncashed and staledated warrant, as recommended by the Auditor-Controller

17.   ACCEPTED AND FILED status report on contract language to standardize financial reporting requirements for community non-profits, and requested the Auditor-Controller to return on the first meeting in January 2004 with the final contract language and procedures for financial reporting, as recommended by the Auditor-Controller

18.   DEFERRED consideration of modifications to the Memorandum of Understanding (MOU) with the City of Watsonville for the development of expanded Court services in downtown Watsonville until on or before November 25, 2003, as recommended by the County Administrative Officer

19.   ADOPTED RESOLUTION NO. 301-2003 amending Resolution No. 279-75 and approved the addition of one position in the Planning Department, as recommended by the County Administrative Officer

20.   ACCEPTED AND FILED report on adjustments to the 2003/2004 County budget resulting from final State and Federal budget actions; adopted RESOLUTION NO. 302-2003 canceling estimated appropriations and revenues in the amount of $56,596; adopted RESOLUTION NO. 303-2003 canceling estimated revenues and appropriations in the amount of $327,696; adopted RESOLUTION NO. 304-2003 canceling estimated revenues and appropriations in the amount of $160,453; and approved transfer of appropriations in the amount of $294,358 from the Detention Bureau's budget into County contingencies, as recommended by the County Administrative Officer

21.   AUTHORIZED the Director of Child Support Services to sign the Plan of Cooperation with the California Department of Child Support Services, as recommended by the Director of Child Support Services

22.   DEFERRED report on adoption of the Urban Wildland Intermix Code to November 25, 2003, as recommended by the Emergency Services Administrator

23.   SCHEDULED a public hearing on November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider energy cogeneration projects at the Main Jail and Simpkins Swim Center and the award of a contract for services, as recommended by the Director of General Services

24.   APPROVED renewal of Health Services Agency Professional and General Liability Insurance Policy, as recommended by the Personnel Director and the Risk Manager

25.   ACCEPTED AND FILED final report of Lamberth Consulting on the analysis of traffic stop data related to the Santa Cruz County Sheriff's Office; and approved related action, as recommended by the Sheriff-Coroner

26.   APPROVED Sexual Assault Nurse contract with Debra Gilstrap, RN, to begin on November 1, 2003, in the amount of $51,915.60 for the 2003/2004 fiscal year and approved related actions, as recommended by the Sheriff-Coroner

27.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending September 30, 2003, as recommended by the Treasurer-Tax Collector

28.   ACCEPTED notification of an at-large vacancy on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on November 18, 2003, and final appointment to be made November 25, 2003, as recommended by Chairperson Pirie

29.   ACCEPTED notification of at-large vacancy on the Children and Youth Commission, representing Providers, with nominations for appointment to be received on November 18, 2003, and final appointment to be made November 25, 2003, as recommended by Chairperson Pirie

30.   APPROVED the 2004 Board meeting schedule, and adopted RESOLUTION NO. 305-2003 establishing June 14, 2004 through June 24, 2004 as that period of time during which the budget hearings for fiscal year 2004/05 will be held, as recommended by Chairperson Pirie

31.   ACCEPTED AND FILED report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

32.   ADOPTED RESOLUTION NO. 306-2003 accepting and appropriating $707,500 in unanticipated federal HCAP grant revenue; approved addition of 1.0 FTE Program Coordinator and directed Personnel to classify the position; and extend deletion date of two positions from November 7, 2003 to May 7, 2004, as recommended by the Health Services Agency Director

33.   ADOPTED RESOLUTION NO. 307-2003 accepting and appropriating $243,000 in unanticipated revenue into the Health Services Agency Public Health budget; adopted RESOLUTION NO. 308-2003 accepting and appropriating $22,000 into the General Services budget for the US Department of Housing and Urban Development Lead-Based Paint Hazard Control program; approved fixed asset purchases of X-Ray Fluorescence analyzer, laptop computer, and one vehicle up to $44,800 total; approved addition of 1.0 Environmental Health Program Manager II, 1.0 Environmental Health Specialist III, 1.0 Public Health Nurse III and 1.0 Typist Clerk III, and the deletion of 1.0 Public Health Nurse II positions; adopted RESOLUTION NO. 309-2003 amending Resolution 279-75 to abolish obsolete classes and create new classes at salary ranges specified; and authorized the Health Services Agency Director to sign related federal grant revenue agreement documents, as recommended by the Health Services Agency Director and the Personnel Director

34.   ACCEPTED AND FILED report on Project Connect relating to Hospital Emergency Department use and approved related actions; with an additional direction the Health Services Agency provide the Board with a personnel chart for Project Connect on November 18, 2003

35.   DELETED ITEM

36.   SEE ITEM NO. 68 REGULAR AGENDA

37.   ACCEPTED AND FILED Quarterly Status report on All Hazards Public Health Preparedness and Response to Bioterrorism and approved related actions, as recommended by the Health Services Agency Director

38.   AUTHORIZED gross pay adjustment for an employee in the Health Services Agency in the amount of $311.56, as recommended by the Health Services Agency Director

39.   ACCEPTED AND FILED report on Health Insurance Portability and Accountability Act implementation, as recommended by the Health Services Agency Director

40.   APPROVED recommendations by the Children's Network to approve agreements for fiscal year 2003/2004 with the Youth Resources Bank for $45,344, Mountain Community Resources for $52,599, Parents Center, Incorporated for $39,903, Community Bridges/Live Oak Family Resource Center for $14,510, Community Bridges/La Manzana Community Resources for $9,069, and Familia Center for $19,951, and authorized the Human Resources Agency Director to sign the agreements, as recommended by the Human Resources Agency Director

41.   APPROVED addendum to contract with Victorian HomeCare that includes an increase to the service hour rates, the addition of a Lobbying Certification statement and a Health Insurance Portability and Accountability Act (HIPPA) attachment, and authorized the Human Resources Agency Director to sign the contract on behalf of the County, as recommended by the Human Resources Agency Director

42.   APPROVED contract amendments with the Youth Development and Crime Prevention service providers: Community Action Board, total contract amount $212,411; Mountain Community Resources, total contract amount of $247,219; Pajaro Valley Prevention and Student Assistance, Incorporated for a total contract amount of $388,191; and Santa Cruz Community Counseling Center, Incorporated/Youth Services for a total contract amount of $314,295; authorized the Human Resources Agency Director to sign the contract amendments; and approved related actions, as recommended by the Human Resources Agency Director

43.   ACCEPTED AND FILED status report on the In-Home Supportive Services Contract Transition Plan, as recommended by the Human Resources Agency Director

44.   AUTHORIZED the Human Resources Agency Director to sign the license agreement with the National Guard for use of the Santa Cruz Armory in an amount not-to-exceed $48,000; authorized the Human Resources Agency Director to sign a contract with the Homeless Services Center for the provision of winter shelter facilities for fiscal year 2003-2004 in an amount not-to-exceed $73,827; and authorized the Human Resources Agency Director to sign a contract with the Salvation Army for the provision of winter shelter facilities for fiscal year 2003/2004 in an amount not-to-exceed $6,047, as recommended by the Human Resources Agency Director

45.   DEFERRED report back on the Public Guardian fees for service to November 18, 2003, as recommended by the Human Resources Agency Director

46.   AUTHORIZED the Human Resources Agency Director to sign the contract with the Homeless Services Center for the Page Smith Community House transitional housing program in an amount not-to-exceed $142,591, as recommended by the Human Resources Agency Director

47.   ACCEPTED AND FILED report on General Plan and ordinance amendments related to the park acquisition process; and directed the Planning Department to process the proposed amendments including review by the Planning Commission and the Environmental Coordinator, as recommended by the Planning Director and the Director of Parks, Open Space and Cultural Services

48.   SCHEDULED a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter, to consider Application No. 02-0565, a proposal to rezone a parcel from PF (Public Facilities) to R-1-6 (Single Family Residential) and amend the General Plan designation of Public Facility to Urban Low Density Residential (R-UL); requires a Rezoning and a General Plan Amendment; property is located on the southwest corner of Sims Road and Fire House Road, at 41 Sims Road, Santa Cruz, as recommended by the Acting Planning Director

49.   SCHEDULED a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the Coastal Commission's modifications to the Planned Unit Development Ordinance, as recommended by the Acting Planning Director

50.   SCHEDULED a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the Coastal Commission's modifications to the policies and ordinances to implement the Watsonville High School Memorandum of Understanding (MOU); and directed the Clerk of the Board to take related action, as recommended by the Acting Planning Director

51.   SCHEDULED a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the Coastal Commission's modifications to the Second Unit Ordinance; and directed the Clerk of the Board to take related action, as recommended by the Acting Planning Director

52.   ACCEPTED AND FILED status update on the Planning Commission's review of the RMC Pacific Materials/Davenport Cement Plant operating permit No. 88-0188 and directed the Planning Department to return on or before February 24, 2004 with a further report, as recommended by the Acting Planning Director

53.   ACCEPTED improvement for the 2002/2003 Pavement Management Digout Project; approved final cost in the amount of $332,498.29; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

54.   AUTHORIZED payment in the amount of $931.06 to Quality Scale for prior fiscal year truck scale repair and calibration services for the Buena Vista Landfill and Ben Lomond Transfer Station, as recommended by the Director of Public Works

55.   SCHEDULED a public hearing on Tuesday, November 18, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider adoption of a resolution authorizing the placement of three road bumps on Monterey Drive and directed Public Works to mail the notice of public hearing to the residents of Monterey Drive; with an additional direction that Public Works provide alternative designs for the road bumps

56.   APPROVED final map of Tract 1443, Harbor Square; authorized the Director of Public Works to sign the Subdivision Agreement; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

57.   APPROVED amendment to agreement with Monica Burke increasing compensation by $25,000 for a not-to-exceed amount of $75,000 for grant writing services and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

58.   APPROVED Request for Proposal to develop the landfill gas resources at the Buena Vista Landfill; authorized distribution of the proposer's list; and directed Public Works to return on or before February 10, 2004, with a status report on the selection process and the anticipated completion date, as recommended by the Director of Public Works

59.   APPROVED amendment to agreement with Waste Management of Santa Cruz County to provide for commingled collection of curbside recycling and authorized the Director of Public Works to sign agreement on behalf of the County, as recommended by the Director of Public Works

60.   DECLARED as surplus, two balers; directed General Services to assist in the transfer of this equipment to Radach Recycling; approved independent contractor agreement with Craig Radach for purchase of recycling equipment for a not-to-exceed amount of $17,729; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

61.   APPROVED 2003/2004 Public Art Plan as presented by the Arts Commission, as recommended by the Director of Parks, Open Space and Cultural Services

62.   ADOPTED RESOLUTION NO. 310-2003 accepting the Houston Offer of Dedication; directed the Parks Department to report back on or before December 9, 2003 with final recommendation regarding acceptance of Coastal Conservancy funding agreement for 26th Avenue Beach Access Stairway; and approved related action, as recommended by the Director of Parks, Open Space and Cultural Services

63.   ADOPTED RESOLUTION NO. 311-2003 of Intent to Amend the Boundaries and the Scope and Purposes of County Service Area No. 11, Lompico Community Zone of Benefit (CSA No. 11 "L"); scheduled a public hearing on Tuesday, December 9, 2003, on the morning agenda, at 9:00 a.m. or thereafter to amend the geographic boundaries and provide additional services; and directed the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

64.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing totaling $75,000 for the cost of public art for the Live Oak Library project and approved related actions, as recommended by the Redevelopment Agency Administrator

65.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.: Arreola, et al. v. County of Monterey, et al. Monterey County Superior Court Case No. 105611

Case Name/No.: County of Santa Cruz v. RDA of City of Santa Cruz Santa Cruz County Superior Court Case No. CV 146818

Case Name/No.: KMart Corp. v. Anchorage Alaska Municipal Tax Assessor, et al. U.S. Bankruptcy Court, Northern District, Illinois, Case No. 02-B02474

Case Name/No.: Barton Barnhill v. County of Santa Cruz WCAB No. SAL 75837

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

APN 40-181-06, 07 and 09

Negotiating parties (not agents): Scott Loichinger, Public Works, and Steve Carmichael

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organization: Health Care Profession Unit

REPORT OF COUNTY COUNSEL - In the matter of Barton Barnhill v. County of Santa Cruz WCAB No. SAL 75837, the Board of Supervisors, unanimously, approved a settlement of the claim of Barton Barnhill by way of compromising release for the sum of $15,000
BWCP

65.1.   SEE ITEM NO. 69 REGULAR AGENDA

REGULAR AGENDA

66.   CONSIDERED selection of Kipp Kobayashi and Noel Korten as the public artists for the Live Oak Public Library project and considered the associated contract with Mr. Kobayashi;

approved selection of Kipp Kobayashi and Noel Korten as the public artists for the Live Oak Library project; approved the art project as presented; and approved the contract with Mr. Kobayashi for $70,000 with a contingency of $3,500 for a total of $73,500 for the creation of the Birds Project and authorized the Parks Director to sign the contract on behalf of the County
BWCP

67.   Public hearing held to consider recommendation of the Agricultural Policy Advisory Commission amending County Code Chapter 16.50 to incorporate elements of a model right-to-farm ordinance into the existing Agricultural Land Preservation and Protection ordinance;

continued public hearing to December 9, 2003, including the following directions: delete from the ordinance the words, "of property owners" and add the definition of pesticides which includes all of the various materials that are included in that term
CWBP

68.   ACCEPTED AND FILED report on Central Coast Alliance for Health finances and directed the Health Services Agency report back the first meeting of January 2004 with an update on advocacy efforts, with an additional direction the report back include the following: 1) an update on cost containment and the number of months we have been able to extend our time, 2) whether a bipartisan coalition of legislators is working on a solution and what that solution is, and 3) any indications of how it is going to be to work with the new administration in Sacramento
WCBP

69.   ACCEPTED AND FILED report on recommendations for an engineering consultant and tenant survey; approved contract with Shilts Consultants, Incorporated in an amount not-to-exceed $68,900 to conduct tenant survey and assessment engineering study for the Mosquito and Vector Control County Service Area (CSA) No. 53; directed the Agricultural Commissioner to return in January 2004 with a report on the interest of the cities in annexing to the Mosquito and Vector Control CSA No. 53, the assessment engineering analysis and engineer's report for the current service area, tenant survey findings and to make recommendations to the Board on how to proceed, and approved related actions, as recommended by the Agricultural Commissioner
PWBC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS