Santa Cruz County Board of Supervisors Minutes: 12/11/2001

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2001, NUMBER 32
Tuesday, December 11, 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 - Supervisor Beautz absent Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions and Deletions to the Consent Agenda; See Item Nos. 55, 55.1, 55.2, 55.3, 55.4 and 55.5
4.		ORAL COMMUNICATIONS - No one addressed the Board
5.		Additions and Deletions to Regular Agenda, See Item No. 58.1

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 29, 2001 through December 5, 2001 and approved upon adoption of the 2001/02 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. 4647 Adding Chapter 2.122 to the Santa Cruz County Code Relating to a Living Wage

11.   REJECTED the claim of Wanda Renita Conaway-Knight, No. 102-051 and referred to County Counsel

12.   ADOPTED RESOLUTION NO. 432-2001 accepting and appropriating unanticipated revenue in the amount of $60,643 and authorized the Information Services Department to purchase electronic document management components, as recommended by the Auditor-Controller

13.   ADOPTED RESOLUTION NO. 433-2001 modifying County Deferred Compensation Plan and directed the Deferred Compensation Advisory Commission to return no later than January 29, 2002 with recommended modifications to the Deferred Compensation Plan Document, as recommended by the County Administrative Officer

14.   ADOPTED RESOLUTION NO. 434-2001 establishing a 1% per annum simple interest rate for residential tenants security deposits effective January 1, 2002 and approved related actions, as recommended by the County Administrative Officer

15.   APPROVED Memorandum of Understanding between the County and the Court and authorized the County Administrative Officer to sign, as recommended by the County Administrative Officer

16.   ADOPTED RESOLUTION NO. 435-2001 providing for property tax exchange for Local Agency Formation Commission (LAFCO) NO. 883, Village Associates Reorganization, as recommended by the County Administrative Officer

17.   DEFERRED report regarding Sheriff security storage needs to February 26, 2002, as recommended by the County Administrative Officer

18.   AWARDED contract to JMA Construction in the amount of $103,800 for the Watsonville Veterans Memorial Building Bathrooms Remodel project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents; authorized the General Services Director to approved change orders and encumber $10,380 in addition to the contract amount, as required, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 436-2001 accepting and appropriating unanticipated revenue in the amount of $66,000; approved transfer of funds in the amount of $94,200 for fixed asset purchases in the Probation Department's Crime Prevention Act of 2000 Program; and approved related actions, as recommended by the Chief Probation Officer

20.   ADOPTED RESOLUTION NO. 437-2001 accepting and appropriating associated unanticipated revenue in the amount of $12,725 and approved purchase of two trailers for transport of sports equipment for the Sheriff's Activity League, as recommended by the Sheriff-Coroner

21.   APPROVED contract in the amount of $1,813,645 between the Superior Court of California and the Sheriff-Coroner for court security services; authorized the Sheriff-Coroner to sign the contract; adopted RESOLUTION NO. 438-2001 accepting and appropriating unanticipated revenue in the amount of $274,000 from the State Trial Court funds; and approved purchase of two x-ray machines in the amount of $50,000 and the addition of one Sheriff's Security Officer, as recommended by the Sheriff-Coroner

22.   DEFERRED award of contract for a Wireless Data Communications System to January 29, 2002, as recommended by the Sheriff-Coroner

23.   APPROVED reappointment of Jack Gordon to the Civil Service Commission for a term to expire December 31, 2006, as recommended by Supervisor Almquist

24.   APPROVED appointment of Fran Church to the Child Care Planning Council for a term to expire April 1, 2003, as recommended by Supervisor Pirie

25.   DIRECTED the Planning Director to prepare comments regarding the Management Plan review for the Monterey Bay National Marine Sanctuary and present comments to the Board for approval on or before January 29, 2002, as recommended by Supervisor Wormhoudt

26.   APPROVED appointment of Captain Chris Jenkins, Commander of the Santa Cruz Area California Highway Patrol, to the Emergency Medical Care Commission, as the at-large representative of the Law Enforcement Chiefs Association, for a term to expire April 1, 2003, as recommended by Chairman Campos

27.   APPROVED appointment of Sam Storey to the Long Term Care Interagency Commission, as an at-large representative of a publicly funded senior transportation program, for a term to expire April 1, 2004, as recommended by Chairman Campos

28.   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

29.   DIRECTED the Health Services Agency to continue intensive monitoring of the alternative paramedic training program and report back on or before December 10, 2002; and approved a one-year extension of the American Medical Response West's alternative paramedic training program, as recommended by the Health Services Agency Administrator

30.   ACCEPTED AND FILED the quarterly report from Central Coast Alliance for Health, as recommended by the Health Services Agency Administrator

31.   APPROVED amendment to agreement designating the Central Fire Protection District as an approved paramedic service provider and authorized the Health Services Agency Administrator to sign, as recommended by the Health Services Agency Administrator

32.   ADOPTED RESOLUTION NO. 439-2001 accepting and appropriating unanticipated revenue in the amount of $11,000 for the Child Passenger Safety project and the Spinal Cord Injury Prevention project; approved related grant agreements with the San Diego State University Foundation; and authorized the Health Services Agency Administrator to sign, as recommended by the Health Services Agency Administrator

33.   APPROVED contract amendment with Appleby and Company, Incorporated in the amount of $42,267 for document imaging web software and authorized the Health Services Agency Administrator to sign, as recommended by the Health Services Agency Administrator

34.   APPROVED contract amendment with the Community Action Board to increase the CalWORKs contract by $149,000 for the Work-Related Emergency Payments program and authorized the Human Resources Agency Administrator to sign the contract on behalf of the County, as recommended by the Human Resources Agency Administrator

35.   APPROVED revenue agreement and amendment with the Housing Authority in the amount of $70,000 for transitional housing services; adopted RESOLUTION NO. 440-2001 accepting $3,691 in unanticipated revenue; and authorized the Human Resources Agency Administrator to sign the agreement and amendment on behalf of the County, as recommended by the Human Resources Agency Administrator

36.   ADOPTED RESOLUTION NO. 441-2001 Authorizing Execution of an Amendment to Agreement No. FAPP-1067 for Child Development Services with the California Deparmtne of Education in the amount of $762k278 for income eligible parents engaged in employment, limited job search and employment; ADOPTED RESOLUTION NO. 442-2001 Authorizing Execution of an Amendment to Agreement No. GAPP-1068 for Child Development Services with the California department of Education in the amount of $793,051 for eligible parents receiving public assistance, and approved related actions, as recommended by the Human Resources Agency Administrator

37.   APPROVED agreements for fiscal year 2001/2002 with the Youth Resources Bank, Mountain Community Resources, Parents Center, Incorporated, Community Bridges/Family Health Education Center, Familia Center and the United Way for a total amount of $225,158; authorized the Human Resources Agency Administrator to sign; adopted RESOLUTION NO. 443-2001 accepting and appropriating unanticipated revenue in the amount of $27,554 to fund a nine-month contract with the United Way; and adopted RESOLUTION NO. 444-2001 accepting and appropriating unanticipated revenue in the amount of $12,373 to fund a nine-month contract with Community Bridges, as recommended by the Human Resources Agency Administrator

38.   SCHEDULED a continued public hearing on Tuesday, January 8, 2002, on the evening agenda, at 7:30 p.m. to further consider an appeal of the Planning Commission's denial of Application Number 98-0148 at Atherton Place in Aptos, including the submission of a revised proposal by the applicant to construct four semi-detached townhouses and 29 detached townhouses in a phased project, and directed the Clerk of the Board to take related action, as recommended by the Planning Director

39.   DEFERRED consideration of various amendments to the Affordable Housing Ordinance until January 15, 2002, as recommended by the Planning Director

40.   SEE ITEM NO. 58.3, REGULAR AGENDA

41.   DEFERRED report on Tower Lodge to January 29, 2002, as recommended by the Planning Director

42.   DIRECTED Public Works to return on or before March 19, 2002 with a report on additional grant funding request to the State Department of Fish and Game for the repair of Bonny Doon Road storm damage sites, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 445-2001 accepting and appropriating unanticipated revenue in the amount of $13,569 from the Santa Cruz County Regional Transportation Commission for the Wilder Ranch Bike Path, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. of Intention to Amend the Booundary of Underground utility district 17, Davenport; scheduled a public hearing on January 15, 2002 at 9:00 a.m. or thereafter; and approved rellated actions, with an addtonal direction that public works and the Planning Department report back on January 15, 2002 on the proposed resolution including a plan to resolve the issue of the encroachment into the public right-of-way and that the encroachmentsurrounds the utility pole; the status of the power ines and what is being done to resolve the issue including information on how these issues intersect with Mr. Dihl's application

45.   ADOPTED ORDINANCE NO. 4648 amending Chapter 5.46 of the Santa Cruz County Code regarding environmentally acceptable packaging materials, as recommended by the Director of Public Works

46.   DIRECTED Public Works to return on or before January 15, 2002 with the contracts to hire the fish and wildlife consultants for biological services for Public Works projects, as recommended by the Director of Public Works

47.   ACCEPTED improvement and approved final cost in the amount of $161,703.76 for the Granite Creek Storm Damage Repair project and approved related action, as recommended by the Director of Public Works

48.   AUTHORIZED the installation of two 70-watt residential street lights on Trembley Lane within County Service Area No. 9, Zone A, as recommended by the Director of Public Works

49.   APPROVED amendment to agreement with Salix Applied Earthcare by increasing the contract amount by $2,371 for the San Vicente Creek Streambank Protection project; adopted RESOLUTION NO. 446-2001 accepting and appropriating unanticipated revenue from the United States Department of Agriculture Natural Resources Conservation Service in the amount of $1,960; adopted RESOLUTION NO. 447-2001 accepting and appropriating unanticipated revenue from the Office of Emergency Services in the amount of $600; and approved related actions, as recommended by the Director of Public Works

50.   APPROVED amendment to agreement with the Regents of the University of California, increasing the contract by $5,000 to a not-to-exceed amount of $50,000 for evaluation methods to control burrowing rodents on the Salsipuedes and Pajaro River levees; adopted RESOLUTION NO. 448-2001 accepting and appropriating revenue in the amount of $5,000 from the Pajaro Storm Drain Maintenance District; and approved related action, as recommended by the Director of Public Works

51.   APPROVED deferral of a proposed design standard for open trench backfill and asphalt caps until on or before January 15, 2002, as recommended by the Director of Public Works

52.   ACCEPTED AND FILED status report regarding efforts to pursue employee housing opportunities and approved related actions, as recommended by the Redevelopment Agency Administrator

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract with Maggiora Drilling, Incorporated in an amount not-to-exceed $25,440 for installation of an irrigation booster pump at Anna Jean Cummings Park and approved related actions, as recommended by the Redevelopment Agency Administrator

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, adopted RESOLUTION NO. 449-2001 committing the Agency to comply with the Living Wage Ordinance, as recommended by the Redevelopment Agency Administrator

55.   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.: County of Santa Cruz v. E.A. Hathaway & Company, et al. Santa Cruz County Superior Court Case No. CV 138598

Case Name/No.: Buena Vista Community Association v. County, Sixth Appellate District No. HO21206

Case Name/No.: County of Santa Cruz v. Donald H. Heichel, et al., Santa Cruz County Superior Court Case No. CV 140567

Case Name/No.: UACC West, Incorporated and United Cable Television of Santa Cruz, Incorporated v. City of Santa Cruz and the County of Santa Cruz, California Case No. C-84-7546-SI

Case Name/No.: Griffith v. County Utility Tax, Court of Appeal, Sixth Appellate District, Case No. H019505

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of

Government Code Section 54956.9 for one potential case

PERSONNEL SESSION: County Administrative Officer

REPORT OF COUNTY COUNSEL - (1) In the case of Buena Vista Community Association v. County, et al., Santa Cruz County Superior court Case No. 134742, Sixth Appellate District No. H021206 the Board of Supervisors authorized payment of attorney's fees to the law firm of Witter and Parkin, including interest and cost on appeal in the amount of $91,672.60

(2) In the case of County of Santa Cruz v. Donald H. Heichel et al., Santa Cruz County Superior Court No. 140567 the Board of Supervisors authorized a settlement of the law suit for the acquisition of portions of two parcels of real property APN 02615141/42 in the amount of $50,000
PW/B/AC

55.1.   ACCEPTED notification of at-large vacancy on the Children and Youth Commission for a youth representative, with nominations for appointment to be received on January 8, 2002, and final appointment to be made on January 15, 2002, as recommended by Chairman Campos

55.2.   ACCEPTED AND FILED a report on vehicle purchases and authorized the General Services Department to proceed with the purchase of non-green vehicles, as recommended by the Director of General Services

55.3.   ACCEPTED AND FILED report regarding the Sheriff's South County Community Service Center; authorized the Real Property Division of Public Works to negotiate and sign a one month extension to the current Service Center lease agreement; and directed the Sheriff's Office and County Administrative Office to return on or before January 29, 2002 with a further report, as recommended by the Sheriff-Coroner

55.4.   Reappointed Supervisor Jan Beautz to the Board of Directors of the Santa Cruz Metropolitan Transit District for a term to expire December 31, 2005, and directed County Counsel to provide a report to the Board on or before January 29, 2002 regarding the appointment process for members of the Board of Supervisors to the Transit District Board of Directors, as recommended by Chairman Campos

55.5.   SEE ITEM NO. 58.2, REGULAR AGENDA

REGULAR AGENDA

56.   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

57.   APPROVED appointment of Patricia A. Spence to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large County representative, for a term to expire December 31, 2005

AW/B/PC

58.   Continued consideration of requirement for approval of Housing Development under existing General Plan and zoning in Designations and information concerning distribution of Affordable Housing Units throughout the County;

CONTINUED TO JANUARY 8, 2002 consideration of requirement for approval of Housing Development under existing General Plan and zoning in Designations and information concerning distribution of Affordable Housing Units throughout the County

AW/B/PC

58.1.   Considered report of the Personnel Department and adopt resolution to expedite the County recruitment process and adopt ordinance amending Santa Cruz County Code Section 3.20.050 regarding eligible lists;

ADOPTED RESOLUTION NO. 450-2001 amending Resolution No. 247-76 to amend personnel regulations; approved ordinance "in concept" to return on January 8, 2002 for final adoption
AP/B/WC

58.2.   ADOPTED RESOLUTION NO. 451-2001 ordering the elections called by the school districts, the City of Scotts Valley and the Pajaro Valley Water Management Agency to be consolidated with the March 5, 2002 primary election, and authorized the county elections official to conduct the elections on behalf of the jurisdictions, as recommended by the County Clerk-Recorder
WA/B/PC

58.3.   ACCEPTED AND FILED Informational Report on Pajaro Valley Water Management Agency's Draft Revised Basin Management Plan, as recommended by the Planning Director
PA/B/WC

58.4.   ADOPTED RESOLUTION NO. 452-2001 of Intention to Amend the Boundary of Underground Utility District 17, Davenport; scheduled a public hearing on January 15, 2002 at 9:00 a.m. or thereafter; and approved related actions, with an additional direction that Public Works and the Planning Department report back on January 15, 2002 on the proposed resolution including a plan to resolve the issue of the encroachment into the public right-of-way and that the encroachment surrounds the utility pole; the status of the power lines and what is being done to resolve the issue including information on how these issues intersect with Mr. Dihl's application
WA/B/PC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS