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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2002, NUMBER 18
Tuesday, June 18, 2002

 


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 the Consent Agenda, see Item Nos. 49, 49.1 and deleted Item No. 28
4.     ORAL COMMUNICATIONS - one person addressed the Board
5.     Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of June 4, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 6, 2002 through June 12, 2002 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 RESOLUTION NO. 250-2002 accepting and appropriating $60,000 in unanticipated revenue within General Services Fleet Services; approved realignment of funds and purchase of fixed assets, as recommended by the Director of Child Support Services

11.   ACCEPTED AND FILED report on County Deferred Compensation Plan and adopted RESOLUTION NO. 251-2002 bringing the County plan into conformity with the Economic Growth and Tax Relief and Reconciliation Act of 2001, as recommended by the County Administrative Officer

12.   ACCEPTED AND FILED report on Community Television; approved the 2002/03 activities plan and budget; and appoint Gail Borkowski to the Community Television Board of Directors, as recommended by the County Administrative Officer

13.   DIRECTED the County Administrative Officer to submit a letter of endorsement for applications to the California State Association of Counties (CSAC) Challenge Award competition, as recommended by the County Administrative Officer

14.   APPROVED and ratified agreements with Trepte Construction for construction management services not-to-exceed $485,447 and Simpson, Gumpertz and Heger for engineering services not-to-exceed $250,000; approved an agreement with Air Quality Sciences for environmental consulting services not-to-exceed $424,225; adopted RESOLUTION NO. 252-2002 accepting and appropriating unanticipated revenue in the amount of $6,588,070 into the Capital Projects, Human Resources Agency and Health Services Agency budgets; and approved extension of the current lease agreements for Harvey West offices occupied by the Health Services Agency at the current rate through March 31, 2003, as recommended by the Director of General Services
WPCAb  

15.   APPROVED industrial disability retirement of safety member, as recommended by the Personnel Director

16.   ADOPTED RESOLUTION NO. 254-2002 amending Salary Resolution No. 279-75 to implement salary actions in the Supplemental Memorandum of Understanding; adopted RESOLUTION NO. 255-2002 amending Resolution No. 247-76 amending Personnel Regulations to Implement Memorandum of Understanding for the SEIU Extra Help Unit; and approved related actions, as recommended by the County Administrative Officer and the Personnel Director

17.   APPROVED Probation Department's participation in the County Office of Education's application to the Safe Schools/Healthy Students Initiative, as recommended by the Chief Probation Officer

18.   CONTINUED TO JUNE 25, 2002 consideration to approve the Memorandum of Understanding/Hold Harmless Agreement between the Ben Lomond Fire District and the Sheriff's Office

19.   ACCEPTED AND FILED the Treasury Oversight Commission 2001 Annual Report, as recommended by the Treasurer-Tax Collector

20.   APPROVED and adopted the Santa Cruz County 2002 Investment Policy, as recommended by the Treasurer-Tax Collector

21.   ACCEPTED nomination of Louis J. Tuosto for appointment to the Workforce Investment Board, as an at-large representative of Business, for a term to expire June 30, 2006, with final appointment to be made June 25, 2002, as recommended by Supervisor Campos

22.   ACCEPTED nomination of Russ Elliott for appointment to the Workforce Investment Board, as an at-large representative of Business, for a term to expire June 30, 2006, with final appointment to be made June 25, 2002, as recommended by Supervisor Pirie

23.   DIRECTED the Chairperson to convey the nominations of Alan Holbert and James King for consideration of reappointment to the Monterey Bay Unified Air Pollution Control District Hearing Board, as recommended by Supervisor Wormhoudt

24.   ADOPTED RESOLUTION NO. 256-2002 supporting Assembly Bill 2415 relating to Food Stamps CalWORKs eligibility and take related action, as recommended by Chairperson Beautz

25.   ACCEPTED nomination of various persons for reappointment to the Workforce Investment Board, as at-large representatives in the categories indicated, for terms to expire June 30, 2006, with final appointment to be made June 25, 2002, as recommended by Chairperson Beautz

26.   APPROVED appointment of Julie Hopfner to the Domestic Violence Commission, as a representative of Women's Crisis Support-Defensa de Mujeres, as recommended by Chairperson Beautz

27.   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

28.   DELETED ITEM

29.   ACCEPTED AND FILED report on the homeless support and outreach program; directed the Health Services Agency Director to place $150,000 of State Assembly Bill 2034 funds on deposit with the Santa Cruz Community Credit Union to be used as loan guarantee funds for home ownership opportunities for program participants and directed the Health Services Agency Director to negotiate and sign an agreement with the Santa Cruz Community Credit Union to formalize program operations, as recommended by the Health Services Agency Director

30.   SEE ITEM NO. 53.3 REGULAR AGENDA

31.   APPROVED allocations of special purpose funds, recommended by the Fish and Game Advisory Commission, as recommended by the Planning Director

32.   ACCEPTED the certification of the results of County Service Area (CSA) No. 58, Ridge Drive elections; adopted RESOLUTION NO. 257-2002 authorizing and levying an assessment for road maintenance and operations within the CSA, as recommended by the Director of Public Works

33.   ACCEPTED the certification of the results of County Service Area (CSA) No. 26 Hidden Valley, Zones "A" through "G" and CSA No. 44, Sunbeam Woods elections; adopted RESOLUTION NO. 258-2002 authorizing and levying assessment for road maintenance and operations within CSA No. 26, Hidden Valley, Zones "A" through "G" for 2002/2003 and Each Year Following; and adopted RESOLUTION NO. 259-2002 authorizing and levying assessment for road maintenance and operations within CSA No. 44, Sunbeam Woods for 2002/2003 and Each Year Following, as recommended by the Director of Public Works

34.   ACCEPTED the low bid from Johnson and Company, Incorporated in the amount of $177,838 for the Sidewalk Access Ramps 2002; authorized award of contract; and authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

35.   APPROVED amendments to agreements for transportation recycling and disposal of electronic products waste with Philip Transportation and Remediation, Incorporated for a not-to-exceed amount of $90,000 and with United Datatech Distributors for a not-to-exceed amount of $40,000 and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

36.   APPROVED amendment to agreement with Garcia and Associates for a total not-to-exceed amount of $72,000 for the Wilder Ranch Bike Path and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

37.   SEE ITEM NO. 58.1 REGULAR AGENDA

38.   APPROVED amendment to agreement for design revisions for Prescott Road, Rider Road, and China Grade Road with JMS Engineering for a reduced not-to-exceed total of $452,958 and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

39.   ADOPTED RESOLUTION NO. 260-2002 for right-of-way acquisition for the Soquel Drive at Aptos Creek Bridge Seismic Retrofit project and approved payment of claim, as recommended by the Director of Public Works

40.   APPROVED independent contractor agreements to carry out motor oil recycling and public awareness services with the City of Santa Cruz for a not-to-exceed amount of $11,000 and with the City of Watsonville for a not-to-exceed amount of $20,000; authorized the Director of Public Works to sign the agreement with the City of Santa Cruz on behalf of the County and authorized the Director of Public Works to sign the agreement with the City of Watsonville on behalf of the County after Watsonville City Council approval, as recommended by the Director of Public Works

41.   APPROVED independent contractor agreements with Ray Dulany Trucking for chip seal rock delivery in the amount of $33,082.25 and with VSS Emultech for labor standby costs associated with asphalt emulsion placement in the amount of $35,000 and authorized the Director of Public Works to sign the agreements, as recommended by the Director of Public Works

42.   APPROVED Request for Proposals for Traffic Signal and Highway Safety Lighting Maintenance; directed the Public Works Department to proceed with the consultant selection process for the services of a contractor for maintenance of traffic signal and highway safety lighting; and return on or before August 27, 2002 with a recommended contract, as recommended by the Director of Public Works

43.   AUTHORIZED the Chairperson of the Board to sign Contract Change Order No. 3 in the amount of $346,330.30 for the Capitola Road Improvement project; made findings that the improvements are of benefit to the project area; and approved related action, as recommended by the Director of Public Works

44.   SEE ITEM NO. 56.1 REGULAR AGENDA

45.   APPROVED contract amendment with Reber Construction for an amount not-to-exceed $20,655.58 and authorized the Director of Parks, Open Space and Cultural Services to sign the amendment on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, adopted RESOLUTION NO. 261-2002 accepting and appropriating unanticipated revenue in the amount of $318,462 from the Redevelopment Agency Capital Projects Reserves for the Capitola Road Improvement project and approved related actions, as recommended by the Redevelopment Agency Administrator

47.   SEE ITEM NO. 56.2 REGULAR AGENDA

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment Agency Administrator to sign the Joint Use Agreements with the Live Oak School District for the purpose of building new indoor recreational facilities, as recommended by the Redevelopment Agency Administrator

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.:In re Title Two Investments, Northern District of California Bankruptcy Case No. 00 51436 MM - Chapter 11

CONFERENCER WITH LEGAL COUNSEL - EXISTING LITIGATION

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

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: County Administrative Officer and Personnel Director

Employee organization: SEIU

REPORT OF COUNTY COUNSEL- No report given

49.1.   DIRECTED the Chair to send a letter to President Bush and Secretary of the Interior Norton strongly opposing the extension of the existing offshore oil leases along the California coast and requesting that California receive the same treatment as the State of Florida and that the federal government buy back these leases, as recommended by Supervisors Wormhoudt and Almquist

REGULAR AGENDA

50.   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 7, to convene and carry out its regularly scheduled meeting

51.   CONSIDERED adoption of a resolution regarding the acceptance of Mexican identification cards for specified purposes by the County of Santa Cruz; ADOPTED RESOLUTION NO. 262-2002 Regarding the Acceptance of Mexican Identification Cards for Specified Purposes by the County of Santa Cruz; with an additional direction that the Chairperson of the Board send a letter to the Cities, County of Santa Cruz and the large public agencies informing them of the Board's action and urging them to take similar actions to approve the card as a valid form of identification
CWPAB  

52.   Public hearing held to consider adoption of resolutions establishing and approving the proposed Assessment Rates and confirming the Assessment Rate Report for Mosquito Abatement/Vector Control, County Service Area No. 53;

(1) opened public hearing, to hear objections or protests, to the proposed 2002/03 assessment rates and report for Mosquito Abatement/Vector Control County Service Area No. 53;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 263-2002 Establishing Assessment Rates for Mosquito Abatement/Vector Control County Service Area No. 53; and adopted RESOLUTION NO. 264-2002 Confirming Assessment/Report for the 2002/03 Fiscal Year for Mosquito Abatement/Vector Control County Service Area No. 53
PWCAB  

53.   Public hearing held to consider County Service Area (CSA) No. 4 and County Service Area No. 48 2002/2003 Fire Protection Assessment Rates;

(1) opened public hearing, to hear objections or protests, to the proposed County Service Area No. 4, Pajaro Dunes, and County Service Area No. 48, County Fire Protection, to the proposed 2002/2003 Fire Protection rates;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 265-2002 Establishing Service Charges for the 2002/2003 Fiscal Year for County Service Area No. 48, County Fire Protection and County Service Area No. 4, Pajaro Dunes; and adopted RESOLUTION NO. 266-2002 Confirming Service Charge Reports for Fiscal Year 2002/2003 for County Service Area No. 48, County Fire Protection and County Service Area No. 4, Pajaro Dunes
WCPAB  

53.1.   CONSIDERED Compliance Review of the Contract with the Santa Cruz Society for Prevention of Cruelty to Animals (SPCA);

accepted and filed report; directed the Auditor to pay claim for the month of June but reserved County's rights to collect any disallowed cost in the meantime; continue to review disallowed charges; directed the County Administrative Officer, County Counsel and the Auditor to work on auditing contract language that will ensure that the public is protected in the future if in fact the County continues to contract with the SPCA for some period of time
PWcaB  

53.2.   Continued consideration of report on the status of animal control services and related actions;

(1) accepted and filed report;

(2) approved the Joint Powers Authority Agreement substituting the language contained on Attachment for Section 3A of the Joint Powers Authority Agreement; with an additional direction to add a neutrality and card check clause to the agreement; authorized the County Administrative Officer to sign the Agreement on behalf of the County, and forward the Agreement to the Cities of Santa Cruz, Capitola and Scotts Valley for consideration by their City Councils; approved ordinance "in concept" to return on June 25, 2002 for final adoption

(3) directed staff to continue to work with the Santa Cruz SPCA and return during Budget Hearings with a recommended approach for the provision of uninterrupted animal control and care services
AWPCb  

53.3.   ADOPTED RESOLUTION NO. 267-2002 approving the Local Coastal Program Implementation Plan amendments to Chapter 18.10 to add a process to review applications that are not consistent with the General Plan density range:

(1) ADOPTED ORDINANCE NO. 4671 amending Chapter 18.10 to add a process to review applications that are not consistent with the General Plan density range; with an additional direction to add the following language: in the second paragraph, Section III, 18.10,140(b), following the words urban services line, add the phrase "except for second units and residential remodels" to clearly exempt second units and residential remodels from the review process; and in Section IV, reworded to state the following; "the requirements of subdivision (b) of Section 18.10.140 of Section III of this ordinance shall not apply to any application deemed complete as of the effective date of the ordinance"
WApCb  

54.   Continued public hearing to consider extending the duration of the Interim Wireless Communication Facilities Ordinance; closed public hearing;

(1) adopted ORDINANCE NO. 4672 extending the duration of the existing Interim Wireless Communications Facilities Ordinance by twelve (12) months (from June 11, 2002 until June 11, 2003) to allow sufficient time for the proposed permanent Wireless Communications Facilities Ordinance to be fully processed and to become effective;

(2) directed Planning staff to complete the processing of the permanent ordinance within the term of the extended Interim Ordinance, including Coastal Commission review;

(3) with an additional direction to replace staff recommendation Number 3 with the following: "County Counsel to return on June 25, 2002 with an urgency ordinance that would be implemented for the first 45 days and return on August 6, 2002 with the actual moratorium ordinance to replace the urgency ordinance; directed County Counsel to work with the Sheriff to see to that there is an exemption for emergency services and address the issue of whether or not the County can require all service providers in the County to provide information on the location of their facilities and the strength of the signal emissions"
WAPCB  

55.   CONTINUED TO JUNE 25, 2002 public hearing to consider award of contract of In-Home Supportive Services contract to Addus HealthCare, Incorporated for a total not-to-exceed amount of $1,962,500 for July 1, 2002 through June 30, 2003
WAPCB  

56.   RECEIVED bids regarding Two Bar Road Storm Damage Repair and referred to the Public Works Department to return on or before June 25, 2002 with a recommendation on awarding of bid
CAP/W/B  

56.1.   APPROVED amendment to agreement with Sanders and Associates Geostructural Engineering, Incorporated for an increase of $73,000 for the bluff restoration project along East Cliff Drive between 33rd Avenue and 36th Avenue and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works
WCPAB  

56.2.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, accepted and filed status report on the East Cliff Drive Stabilization and Pathway project and approved related actions, as recommended by the Redevelopment Agency Administrator
WCPAB  

57.   Announce bid results for the Building Envelope Repairs Health and Human Services Building as recommended by General Services;

(a) for Acrylic Finish; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid

(b) for Aluminum Windows; accepted bids and awarded the contract to the lowest responsible bidder contingent upon adequate funding being available and review by General Services; authorized the General Services Director to sign contract agreements and associated documents and approve changed orders as may be required, within allowable funds

(c) for Batt Insulation and Thermal Insulation Board; directed General Services Department to readvertise for bids; to open bids in the General Services office after 10:00 a.m. on July 17, 2002; and directed the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid

(d) for Carpet; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding bid

(e) for Cold Formed Metal Framing; referred to General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid

(f) for Concrete Masonry; referred to General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid;

(h) for Elastomeric Urethane Deck Coating; referred to General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid;

(i) for Exterior Portland Cement Plaster; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid;

(j) for Exterior Sheathing; directed the General Services Department to reject all bids submitted; readvertise for bids; open bids in the General Services office after 10:00 a.m. on July 17, 2002; and directed the General Services Department to return on August 6, 2002 with a recommendation of awarding of bid;

(k) for Gypsum Wallboard; directed the General Services Department to reject all bids submitted; readvertise for bids; open bids in the General Services office after 10:00 a.m. on July 17, 2002; and directed the General Services Department to return on August 6, 2002 with a recommendation of awarding of bid;

(l) for Hoist and Platform; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid

(m) for Heating, Ventilating and Air Conditioning; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid;

(n) for Joint Sealants; directed the General Services Department to reject all bids submitted; readvertise for bids; open bids in the General Services office after 10:00 a.m. on July 17, 2002; and directed the General Services Department to return on August 6, 2002 with a recommendation of awarding of bid

(o) for Metal Fabrications; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid

(p) for Metal Panel and Sunshade; referred to the General Services Department to return or before June 25, 2002 with a recommendation on awarding of bid;

(q) for Mold Remediation; accepted bids and awarded the contract to the lowest responsible bidder, contingent upon adequate funding being available and review by the General Services Department; authorized the General Services Director to sign contract agreements and associated documents and approve change order as may be required, within allowable funds;

(r) for Painting; directed the General Services Department to reject all bids submitted; readvertise for bids; open bids in the General Services office after 10:00 a.m. on July 17, 2002; and directed the General Services Department to return on or before August 6, 2002 with a recommendation of awarding of bid;

(s) for Plaza and Below Grade Waterproofing; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid;

(t) for Roofing Membrane; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid;

(u) for Rough Carpentry; directed the General Services Department to reject all bids submitted; readvertise for bids; open bids in the General Services office after 10:00 a.m. on July 17, 2002; and directed the General Services Department to return on or before August 6, 2002 with a recommendation of awarding of bid;

(v) for Sheet Metal Flashings; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding bid;

(w) for Trenching and Shoring; directed the General Services Department to reject all bids submitted; readvertise for bids; open bids in the General Services office after 10:00 a.m. on July 17, 2002; and directed the General Services Department to return on August 6, 2002 with a recommendation of awarding of bid;

(x) for Wall Waterproofing; referred to the General Services Department to return on or before August 6, 2002 with a recommendation on awarding of bid
WCPAB  

58.   Jurisdictional hearing to consider appeals of Planning Commission action on Application No. 97-0770, a proposal to implement the Pajaro River Management Plan (appeals submitted by William Parkin, Attorney on behalf of the Santa Cruz Group of the Sierra Club and Irven Grant, Deputy County Counsel, on behalf of the Monterey County Water Resources Agency;

approved staff recommendation in letter of Planning Director dated June 10, 2002 to not take jurisdiction of the appeals submitted by the Monterey county water Resources Agency or the Santa Cruz Group of the Sierra Club of the Planning Commission's approval of application 97-0070, based on the fact that the appellants have not established sufficient grounds for the Board to take jurisdiction for further review
ACPWB  

58.1.   APPROVED amendment to agreement with Waste Management of Santa Cruz County increasing the contract by $110,000 to a not-to-exceed amount of $930,000; authorized the Director of Public Works to sign the agreement on behalf of the County ; and directed Public Works to return on or before September 24, 2002 with proposed rate adjustments for franchised refuse, recycling and yard waste collection services, as recommended by the Director of Public Works
WCPAB