Santa Cruz County Board of Supervisors Minutes: 3/27/2001

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2001, NUMBER 9
Tuesday, March 27, 2001

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, A = Almquist; 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 Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions and Deletions to Consent Agenda, see Item Nos. 70.1 and 70.2
4.		ORAL COMMUNICATIONS - Three people addressed the Board
5.		Additions and Deletions to Regular Agenda, see Item No. 81.1

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of March 13, 2001, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 19, 2001 through March 23, 2001 and approved upon adoption of the 2000/01 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.   REJECTED the claim of Cunningham Lindsey as Subrogee for Stewardship/Mt. Hermon, No. 001-055B and referred to County Counsel

10.   REJECTED the claim of Bogart McAvoy, No. 001-093 as insufficiently filed and referred to County Counsel

11.   AWARDED contract to Bogner Sheet Metal in the amount of $23,656 for the upgrade of the air conditioning unit at the Redwoods Classroom; authorized the General Services Director to approve change orders and appropriate $2,366 in addition to the contract amount, to cover change order expenditures; and approved related action, as recommended by the Director of General Services

12.   AUTHORIZED the General Services Department to negotiate a contract for installation of pre-cooling coils at 1080 Emeline and return on or before April 24, 2001 with a recommended contract, as recommended by the Director of General Services

13.   APPROVED plans and specifications (on file with the Clerk) for the 1400 Emeline Emergency Power Upgrade project; directed the General Services Department to advertise for bids; and set the bid opening for April 24, 2001 at 10:45 a.m., as recommended by the Director of General Services

14.   AUTHORIZED the County Office of Emergency Services to submit the State Domestic Preparedness Needs Assessment grant applications for the amounts of $7,212 and $51,771 and approved related actions, as recommended by the Director of General Services

15.   APPROVED amendment to the State Master Agreement for telecommunications services to include additional services, and authorized the Information Services Director to sign the Authorization to Order documents, as recommended by the Information Services Director

16.   ACCEPTED AND FILED report on the Live Oak Parking program and adopted RESOLUTION NO. 93-2001 amending Salary Resolution No. 279-75 by changing certain hourly rates, as recommended by the Personnel Director and the Director of Public Works

17.   APPROVED Real Property Lease Agreement with Santa Cruz Community Counseling Center for the Probation Department's Family Preservation program, effective April 1, 2001, and approved related action, as recommended by the Chief Probation Officer

18.   APPROVED amendment to lease agreement for the Felton Sheriff's Service Center to establish the term of the agreement as January 25, 2000 through January 24, 2005, as recommended by the Sheriff-Coroner

19.   APPROVED reappointment of Mary Hammer to the Children and Families Commission for a term to expire April 1, 2002, as recommended by Supervisor Almquist

20.   APPROVED reappointment of Fifth District representatives to various advisory bodies, as outlined, for terms to expire April 1, 2005, as recommended by Supervisor Almquist

21.   APPROVED the letter of Cooperation and Support for Ecology Action's grant application to the California Energy Commission to evaluate and encourage the use of renewable energy systems in the County, as recommended by Supervisor Almquist

22.   ADOPTED RESOLUTION NO. 94-2001 supporting the passage of Senate Bill 74; adopted RESOLUTION NO. 95-2001 supporting the passage of Senate Bill 94; and adopted RESOLUTION NO. 96-2001 supporting the passage of Assembly Bill 315, as introduced, which would exempt County and special district libraries from Educational Revenue Augmentation Fund (ERAF) property tax shifts, and approved related action, as recommended by Supervisor Almquist

23.   SEE ITEM NO. 82.2, REGULAR AGENDA

24.   APPROVED reappointment of First District representatives to various advisory bodies, as outlined, for terms to expire April 1, 2005, as recommended by Supervisor Beautz

25.   APPROVED reappointment of Myrna Sherman and Barbara Joy Templeton to the Mental Health Advisory Board for terms to expire April 1, 2005, as recommended by Supervisor Beautz

26.   APPROVED reappointment of Toni Campbell to the Children and Families Commission for a term to expire April 1, 2002, as recommended by Supervisor Beautz

27.   APPROVED appointment of Laura Grossman to the Human Services Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

28.   APPROVED reappointment of Second District representatives to various advisory bodies, as outlined, for terms to expire April 1, 2005, as recommended by Supervisor Pirie

29.   APPROVED reappointment of Donna Lopiano to the Children and Families Commission for a term to expire April 1, 2002, as recommended by Supervisor Pirie

30.   APPROVED recommendations regarding possible consideration of efforts to reduce or eliminate Methyl-Tertiary-Butyl-Ether (MTBE) in Santa Cruz County, as outlined, with a report back on April 24, 2001, as recommended by Supervisor Pirie

31.   DIRECTED the Information Services Department, in cooperation with the Clerk of the Board and the Board of Supervisors staff, to implement a webpage program for providing the public with information on County commissions and committees, and to provide the Board with a progress report on May 22, 2001, as recommended by Supervisor Wormhoudt

32.   ACCEPTED nomination of Donna Echols and William D. McMullen for appointment to the In-home Supportive Services Advisory Committee, as at-large representatives of Consumers, for terms to expire March 21, 2002, with final appointment to be made April 17, 2001, as recommended by Supervisor Wormhoudt

33.   APPROVED reappointment of Cynthia Rae Margolin to the Mental Health Advisory Board for a term to expire April 1, 2004, as recommended by Supervisor Wormhoudt

34.   APPROVED reappointment of Susana Sotelo to the Children and Families Commission for a term to expire April 1, 2002, as recommended by Supervisor Wormhoudt

35.   APPROVED reappointment of Arcadio Viveros to the Children and Families Commission for a term to expire April 1, 2002, as recommended by Supervisor Campos

36.   APPROVED reappointment of Mark Holguin to the Children and Youth Commission, as an at-large representative of the Human Resources Agency, for a term to expire April 1, 2005, as recommended by Chairman Campos

37.   ACCEPTED AND FILED annual report of the Mental Health Advisory Board and approved related action, as recommended by Chairman Campos

38.   APPROVED appointment of Jay Elliott Dravich to the Disaster Council, as an at-large community member representing a local volunteer effort related to disaster planning, as nominated by the Deputy Director of Emergency Services, for a term to expire January 1, 2003, as recommended by Chairman Campos

38.1.   DEFERRED consideration of report on transfer of County Service Area 54 (Mt. Charlie) waterworks system to Summit West until April 17, 2001, as recommended by County Counsel

39.   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 Administrator

40.   APPROVED fixed asset purchase of a digital projector and a laptop computer for the Tobacco Education Program and approve transfer of funds in the amount of $8,700, as recommended by the Health Services Agency Administrator

41.   ACCEPTED AND FILED report on the Redwoods Program and directed the Health Services Administrator to work with the Chief Probation Officer and the Human Resources Agency Administrator and return to the Board with a budget report to include recommended actions to implement the proposed Redwoods program redesign and related actions, as recommended by the Health Services Agency Administrator

42.   ADOPTED RESOLUTION NO. 97-2001 accepting and appropriating $15,500 in unanticipated revenue from Title II of the Ryan White CARE Act; authorized the Health Services Agency Administrator to sign the related amendment to the State Title II revenue agreement when received; and authorized the Health Services Agency Administrator to sign the $15,500 amendment for a total agreement of $118,191 with the Santa Cruz AIDS Project for HIV Consortium Services, as recommended by the Health Services Agency Administrator

43.   APPROVED agreements with Santa Cruz Community Counseling Services in the amount of $26,222 and with Instructional Access, Incorporated in the amount of $27,750 to provide transportation and computer training services and authorized the Human Resources Agency Administrator to sign the agreements, as recommended by the Human Resources Agency Administrator

44.   ACCEPTED AND FILED report on Facilities and Infrastructure Work Plan for Santa Cruz County Community Programs; adopted proposed Work Plan; and directed the Human Resources Agency Administrator to return on May 8, 2001 with a contract for a facility study, as recommended by the Human Resources Agency Administrator

45.   SEE ITEM NO. 83.1, REGULAR AGENDA

46.   SCHEDULED a public hearing on April 17, 2001 on the morning agenda, at 9:00 am. or thereafter, to considered the Planning Commissions' recommendation regarding General Plan/Local Coast Program Land Use Plan and implementing ordinance amendments to designate APN 028-302-04 as a park site, as recommended by the Planning Director

47.   SCHEDULED a public hearing on April 17, 2001 on the morning agenda at 9:00 a.m. or thereafter, to considered the Planning Commissions' recommendation regarding General Plan/Local Coastal Program Land Use Plan an implementing ordinance amendments to designate APN 038-081-36 as a park site, as recommended by the Planning Director

48.   DEFERRED report on parking lot alterations to May 1, 2001, as recommended by the Planning Director

49.   SEE ITEM NO. 82.3, REGULAR AGENDA

50.   ADOPTED RESOLUTION NO. 98-2001 approving and accepting terms of contract for right-of way acquisitions for the Bean Creek Road Drainage and Erosion Control Improvement project; approved payment of claims; and authorized the Director of Public Works to sign the contracts, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 99-2001 of intention to establish County Services Area No. 57, Graham Hill, Supervisorial District 5; schedule a public hearing on May 1, 2001 on the morning agenda at 9:00 am. or thereafter; and approved related actions, as recommended by the Director of Public Works

52.   ADOPTED RESOLUTION NO. 100-2001 authorizing the Department of Public Works to submit the Department of Conservation Division of Recycling's City/County Funding Request Form for promotion collection and recycling of beverage containers, and authorized the Director of Public Works to sign the request form, as recommended by the Director of Public Works

53.   APPROVED the plans, specifications (on file with the Clerk), and engineers estimate for the Swanton Road Bridge, Forest Hill Drive Bridge, and East Zayante Road Bridges seismic retrofit project; authorized calling for bids; set the bid opening for April 24, 2001 at 10:45 a.m.; and approved related action, as recommended by the Director of Public Works

54.   APPROVED independent contractor agreement with Pringle Tractor Company for heavy equipment parts supply and repair services for a total cost not-to-exceed $20,000; authorized the Director of Public Works to sign the agreement on behalf of the County; and approved related action, as recommended by the Director of Public Works

55.   AUTHORIZED the Director of Public Works to sign the subdivision agreement between Harbor Vista Partnership and the County of Santa Cruz and approved related actions, as recommended by the Director of Public Works

56.   SEE ITEM NO. 83.2, REGULAR AGENDA

57.   APPROVED specifications (on file with the Clerk) and engineer's estimate for the 2000/2001 Pavement Management Overlay project; authorized calling for bids; set the bid opening for May 1, 2001 at 10:45 a.m.; and directed the Clerk of the Board to approved related action, as recommended by the Director of Public Works

58.   APPROVED specifications (on file with the Clerk) and engineer's estimate for the 2000/2001 Pavement Management Slurry Seal Project; authorized calling for bids; set the bid opening for May 1, 2001 at 10:45 a.m.; and directed the Clerk of the Board to approved related action, as recommended by the Director of Public Works

59.   SEE ITEM NO. 82.1, REGULAR AGENDA

60.   APPROVED the plans, specifications (on file with the Clerk) and engineer's estimate for the Browns Valley Bridge Replacement project; authorized calling for bids; set the bid opening for May 1, 2001 at 10:45 a.m.; and approved related action, as recommended by the Director of Public Works

61.   APPROVED Contract Change Order Number 1 in the amount of $23,586.30 for the 30th,32nd and 33rd Avenue Storm Drain Sanitary Sewer, and Sidewalk Improvements; directed the Chair of the Board to sign the contract; and approved related action, as recommended by the Director of Public Works

62.   AUTHORIZED the Director of Public Works to sign a letter granting permission to the Scotts Valley Fire Protection District to improve and use a portion of Conference Drive on behalf of the County, as recommended by the Director of Public Works

63.   APPROVED the transfer of funds in the amount of $150,000 from Structures and Improvements to Mobile Equipment for the purchase of a track mounted excavator for construction and demolition material recycling operations at the Buena Vista Landfill, as recommended by the Director of Public Works

64.   APPROVED contract with Lechner Associates in the amount of $14,250 for landscape architectural services to complete the Brommer Park Playground Renovation project; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

65.   AUTHORIZED the Parks Director to negotiate a contract with Reed Cripe to fabricate, install and staff the 2001 State Fair Display for compensation not-to-exceed $2,500 and any prize money won by the display; and report back with the contract for approval on or before May 1, 2001, as recommended by the Director of Parks, Open Space and Cultural Services

66.   SEE ITEM NO. 82.4, REGULAR AGENDA

67.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approved $228,000 for the acquisition of right-of-way for the Capitola Road Improvement project and approved related actions, as recommended by the Redevelopment Agency Administrator

68.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approved contract amendment to increase the construction contingency in the amount of $30,000 for the Anna Jean Cummings Park project and approved related actions, as recommended by the Redevelopment Agency Administrator

69.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approved request for Rehabilitation Financing from Santa Cruz Community Counseling Center, as recommended by the Redevelopment Agency Administrator

70.   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.:Bazar v. County of Santa Cruz, Santa Cruz Superior Court No. 134334

Case Name/No.:Charter Communications, et al. v. County of Santa Cruz, N.D. Federal Court Case No. C-99-1874 EAL

Case Name/No.:In re Title Two Investment Corporation, United States Bankruptcy Court, Northern District, Case No. 00 51436 MM (Chapter 11)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address (APN if no street address): 1201 Freedom Boulevard., Watsonville, CA

Negotiating parties (not agents): Patrice Edwards and Real Property Division

Property street address (APN if no street address): APNs 085-092-08, 085-152-05, 085-153-03

Negotiating parties (not agents): County of Santa Cruz and Save the Redwoods League

REPORT OF COUNTY COUNSEL - in the Charter Communications Inc. v. County of Santa Cruz US District Court Case for the Northern District of California Case No. 99-01874 the Board of Supervisors authorized an appeal in that matter; real property negotiation involving APNs 085-092-08, 085-153-05 and 085-153-03 parcels commonly referred to as the Miller property the Board of Supervisors today acknowledged and approved the inclusion of the Save the Redwoods Conservation Easement dated today March 27th as part of its acceptance of the parcels of property commonly referred to the Miller property
BPWCA

70.1.   ACCEPTED proposal in the amount of $8,900 from Ifland Engineers, Inc., for engineering services related to slide repair within Lomond Terrace, County Service Area No. 28 (District 5); approve contract; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

REGULAR AGENDA

70.2.   CONTINUED TO APRIL 17, 2001 consideration to accept and file the Planning Department's report regarding public comments made during Oral Communications on March 20, 2001

71.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5, to convene and carry out its regularly scheduled meeting (agendas are located on the table at the front of Board Chambers)

72.   Further public hearing held to consider General Plan/Local Coastal Program Land Use Plan Amendments and County Code/Local Coastal Program Implementation Plan Amendments related to New Millennium High School Memorandum of Understanding closed public hearing; adopted RESOLUTION NO. 89A-2001 amending the General Plan/Local Coastal Program land Use Plan and Implementing Ordinance to implement the requirements of the New Millennium High School Memorandum of Understanding; adopted ORDINANCE NO. 4609A adding County Code Section 13.10.490, 13.10.491, 13.10.492 and 13.10.493 establishing a Watsonville Utility Prohibition Combining District; and adding sections 17.02.081 and 16.32.090(c)(A)(11), relating to improvements to Harkin Slough Road, to the Santa Cruz County Code; adopted ORDINANCE NO. 4610A amending Chapter 13.10 of the Santa Cruz County Code changing properties from one (or several) Zone District(s) to another (or others); certified the California Environmental Quality Act Categorical Exemption for the amendments; and directed the Planning Department to transmit the Local Coastal Program and implementing ordinance amendments to the California Coastal Commission for review and certification of the amendments with an additional direction to change the date in Resolution No. 89A-2001, page two, fourth paragraph from March 13, 2001 to March 27, 2001

WABPC

73.   Public hearing held to consider the annual report and proposed 2001-2002 fiscal year fees for the Soquel Village Park and Business Improvement area closed public hearing; accepted and filed the Annual Report of the Soquel Village Parking and Business Improvement Area Advisory Board; adopted RESOLUTION NO. 101-2001 of intention to establish annual parking maintenance and operation charges for Zone B of the Soquel Village Parking and Business Improvement Area for Fiscal Year 2001-2002; appointed Tish Miller, Lee Charter and Gary Ransone as new Soquel Village Parking and Business Improvement Area Advisory Board members with terms ending on April 1, 2005; and approved related actions
BWPCA

74.   APPROVED reappointment of Betty Petersen to the Water Advisory Commission, as an at-large member representing private or mutual water companies, in accordance with County Code Chapter 2.96, Section 30, for a term to expire April 1, 2005
ABPWC

75.   APPROVED reappointment of Rama Khalsa, Cecilia Espinola and Maria Castro to the Children and Families Commission, as at-large representatives, in accordance with County Code Chapter 2.45, Section 30, for terms to expire April 1, 2002
ABPWC

76.   APPROVED reappointment of Ron Prince and Carol Adams to the Emergency Medical Care Commission, as at-large representatives of the Fire Chiefs Association of Santa Cruz County and Dominican Santa Cruz Hospital respectively, for terms to expire April 1, 2005
ABPWC

77.   APPROVED reappointment of Mike Roach to the Children and Youth Commission, as an at-large representative in the category "under 18," in accordance with County Code Chapter 2.44, Section 30, for a term to expire April 1, 2005
ABPWC

78.   APPROVED reappointment of Marilyn Hummel to the Housing Authority Board of Commissioners, as an at-large representative, in accordance with Resolution 389-69, for a term to expire April 1, 2003
ABPWC

79.   APPROVED reappointments of Dr. Christine Griger, Michael Molesky and Alvin Karp to the Santa Cruz-Monterey County Managed Medical Care Commission, as at-large representatives in the categories indicated, for terms to expire April 1, 2005
ABPWC

80.   Hearing held on proposed eminent domain action for the Capitola Road Improvement project; conducted hearing on the proposed eminent domain action; determined that the acquisitions are of benefit to the project area or the immediate area in which the work is located, no other reasonable means of financing the work are available to the community, the work will assist in the elimination of blight, and the project is consistent with the Redevelopment Agency's five year implementation plan; adopted RESOLUTION NO. 102-2001 authorizing County Counsel to institute eminent domain proceedings for the Capitola Road Improvement Project; and approved related action
BWPCA

81.   CONSIDERED report and recommendation on the redistricting of County Supervisorial district boundaries;

(1) accepted and filed report on redistricting of County Supervisorial District Boundaries;

(2) deleted the limited term designation for the position associated with the redistricting project in the Elections Department, and directed the Personnel Department to make the necessary change with the understanding that one position will be deleted through attrition at the conclusion of the redistricting process;

(3) directed staff to proceed with a precinct based geographic approach and use proportionate geographic area to assign population to precincts for census blocks which are intersected by precinct lines;

(4) directed staff to return on April 17, 2001 with information on the 2000 census population of each supervisorial district, and the population shift needed to achieve numerical equality;

(5) directed staff to return with a master list of election contests to be converted into the GIS mapping system on April 17, 2001 and incorporating Board member input received by April 10, 2001, with an additional direction that the County Administrative Officer form an ad hoc committee to receive public input with each Board Member nominating one person, other than themselves, to serve on the committee to represent the interest of each district for the limited purpose of preparing a proposed redistricting map(s) for consideration by the Board of Supervisors and the public;

(6) directed staff or the task force to convene two public workshops to be conducted by the Board of Supervisors, one in the North County and one in the South County to be held on May 22, 2001 and June 5, 2001;

(7) approved the procedural steps and timeline as presented in Attachment 3, with an additional directions for a report back on April 17, 2001 on how the allocation will work or is working and incorporate the four principles that are set forth in the letter of Supervisor Almquist regarding principles to guide the process as follows: attempt to retain current district boundaries; provide maximum opportunities or options for the public to participate in the process; preserve the communities of interest; and each Supervisor will have the opportunity to suggest changes to his or her boundaries

ABPWC

81.1.   APPROVED reappointment of Dan Reed, Scott Hamby and Tony Warman to the Hazardous Materials Advisory Commission, as at-large representatives, in accordance with County Code Chapter 2.29, Section 30, for terms to expire April 1, 2005
WBPCA

82.   REFERRED bids regarding re-roof of 100 Rountree Lane to General Services to re-advertise for bids and set bid opening date for 10:45 a.m. on May 1, 2001
AWBPC

82.1.   CONTINUED TO MAY 1, 2001 consideration to approve independent contractor agreement with Sandis Humber Jones for engineering and public relation services in a not-to-exceed amount of $332,698 for the Graham Hill Road Improvement project, Roaring Camp Road to 0.64 South, and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works
AWBPC

82.2.   ITEM WITHDRAWN with a direction to incorporate in Item No. 81, recommendation No. 7, the four principles set forth in the letter of Supervisor Almquist

82.3.   CONTINUED TO APRIL 17, 2001 consideration to accept and file report on amendments to the Neighborhood Commercial (C-1) Zone District Use Charts and approved related actions, as recommended by the Planning Director
ABPWC

82.4.   APPROVED contract with Joni L. Janecki and Associates Incorporated in the amount of $48,590 for landscape architectural habitat management planning services to complete the Moran Lake Butterfly Habitat Management Plan project; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services
BWPCA

82.5.   APPROVED recommendations regarding possible consideration of efforts to reduce or eliminate Methyl-Tertiary-Butyl-Ether (MTBE) in Santa Cruz County, as outlined, with a report back on April 24, 2001, as recommended by Supervisor Pirie
BWPCA

83.   CONSIDERED Progress Report on Water Resources Management
WABPC

83.1.   ACCEPTED AND FILED report on the status of the Santa Cruz County Homeless 2000 Census and Needs Assessment; authorized the Human Resources Agency Administrator to sign a contract amendment with the Community Action Board in an amount not-to-exceed $14,500 for emergency pre-eviction services; and directed the Human Resources Agency Administrator to return at budget hearings with a report on the utilization of the program; with an additional direction to report back at budget hearings with an update on the progress of the contract with Homebase and an update on the process

BWPCA

83.2.   ADOPTED RESOLUTION NO. 103-2001 authorizing Public Works' application for Environmental Enhancement and Mitigation and Mitigation Program grant funds; directed Public Works to return in summer 2001 with a report on the outcome of the grant application, as recommended by the Director of Public Works
WABPC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS