Santa Cruz County Board of Supervisors Minutes: 6/25/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 19
Tuesday, June 25, 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; See Item No. 68.4
3.		Additions and Deletions to the Consent Agenda; and Action on the Consent Agenda; See Item Nos. 68, 68.1, 68.2, 68.3 and deleted Item No. 33
4.		ORAL COMMUNICATIONS - four people 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 11, 2002, as recommended by the Clerk of the Board

8.   DELETED ITEM

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.   REJECTED the claim of Chris Stark (No. 102-126) and referred to County Counsel

11.   REJECTED the claim of Mary Magoffin (No. 102-129) and referred to County Counsel

12.   DENIED the application to file a late claim, on behalf of Mr. Steven Michael Elliott, (No. 102-130) and referred to County Counsel

13.   REJECTED the claim of Mr. Steven Michael Elliott (No. 102-130) and referred to County Counsel

14.   REJECTED the claim of Shannon Marie Rapp (No. 102-131) and referred to County Counsel

15.   ADOPTED RESOLUTION NO. 271-2002 supporting House Resolution 4857, the Child Support Reinvestment Act and authorized the Chair to sign and send the letter of support, as recommended by the Director of Child Support Services

16.   APPROVED the request of Attorney Jon C. Minsloff, Public Defender's Office for compensation at the reduced rate of $75 per hour in the special circumstance case of People v. Luis Daniel Rios, pursuant to the terms of the County's main Public Defender contract, as authorized by the Superior Court and as recommended by the County Administrative Officer

17.   APPROVED transfer of $8,000 from Contributions to Superior Court to the Grand Jury, as recommended by the County Administrative Officer

18.   DEFERRED report on Watsonville Courts Project and the 200 Main Street building until the Last Day Reports as part of the Plant Acquisition Budget presentation, as recommended by the County Administrative Officer

19.   APPROVED 2002/03 Memorandum of Understanding with Superior Court, as recommended by the County Administrative Officer

20.   ADOPTED RESOLUTION NO. 272-2002 accepting and appropriating unanticipated revenues in the amount of $41,935 for costs associated with conducting the March 2002 Election; increase encumbrances for DFM Associates for election software and hardware in the amount of $5,965; approved the expenditure of $5,965 from prior year encumbrances to finance the current year expenditures; and approved related actions, as recommended by the County Clerk-Recorder

21.   ADOPTED RESOLUTION NO. 273-2002 authorizing the District Attorney to reapply to the Office of Criminal Justice Planning (OCJP) for fiscal year 2002/2003 Violence Against Women Vertical Prosecution funding, and authorized the Chairperson of the Board to sign the Certification of Assurance of Compliance to be submitted to OCJP, as recommended by the District Attorney

22.   SEE ITEM NO. 76.1 REGULAR AGENDA

23.   ADOPTED RESOLUTION NO. 274-2002 authorizing the District Attorney to reapply to the Sate Office of Insurance for fiscal year 2002/2003 Worker's Compensation Insurance Fraud funds in the amount of $100,961, as recommended by the District Attorney

24.   AWARDED contract to Bustichi Construction, Incorporated for Metal Panel and Sunshade component of the Building Envelope Repairs, Health and Human Services project in the amount of $118,280; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; and authorized the General Services Director to approved change orders and encumber $11,828 in addition to the contract amount to cover change order expenditures, as required, as recommended by the Director of General Services

25.   APPROVED Master Agreement for security services; authorized the General Services Director to sign; and approved related actions, as recommended by the Director of General Services

26.   APPROVED Master Agreement for laundry services; authorized the General Services Director to sign; and approved related actions, as recommended by the Director of General Services

27.   AWARDED contract to Bustichi Construction, Incorporated in the amount of $116,748 for the 1040 Emeline Window Replacement project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; and authorized the General Services Director to approved change orders and encumber $11,675 in addition to the contract amount to cover change order expenditures, as recommended by the Director of General Services

28.   AWARDED contract to Bustichi Construction, Incorporated in the amount of $30,253 for Flooring Replacement at Redwoods Program Building project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; and authorized the General Services Director to approved change orders and encumber $3,025 in addition to the contract amount to cover the change order expenditures, as recommended by the Director of General Services

29.   AWARDED contract to Bustichi Construction, Incorporated in the amount of $28,288 for the Polo Grounds County Park Interim Dog Park project; authorized the Parks Director to notify the contractor and sign the contract agreements and associated documents on behalf of the Board; and authorized the Parks Director to approved change orders and encumber $2,829 in addition to the contract amount to cover change order expenditures, as recommended by the Director of General Services

30.   AWARDED contract to Bohn's Pool Service in the amount of $15,980 for the Carbon Dioxide (CO2) Feed System at Simpkins Swim Center project; authorized the Parks Director to notify the contractor and sign the contract agreements and associated documents on behalf of the Board; and authorized the Parks Director to approved change orders encumber $1,598 in addition to the contract amount to cover change order expenditures, as recommended by the Director of General Services

31.   APPROVED addendum to the lease agreement with James Fenton Company, Incorporated to extend the Aptos Service Center lease through June 30, 2005; approved rent increase from $1,200 to $1,300 per month; and authorized the Sheriff-Coroner to sign the addendum on behalf of the County, as recommended by the Sheriff-Coroner

32.   APPROVED Memorandum of Understanding/Hold Harmless Agreement between the Ben Lomond Fire District and the Sheriff's Office and authorized the Sheriff-Coroner to sign the agreement for the use of antenna space and power at the Ben Lomond Fire District building for the Sheriff's Mobile Data Computing System, as recommended by the Sheriff-Coroner

33.   DELETED ITEM

34.   CONFIRMED appointment of Scott Osborne as the alternate public member of the Treasury Oversight Commission, as recommended by the Treasurer-Tax Collector

35.   APPROVED RESOLUTION NO. 275-2002 providing for replenishment of the Treasurer-Tax Collector's Cash Difference Fund, as recommended by the Treasurer-Tax Collector

36.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending May 31, 2002 and approved related action, as recommended by the Treasurer-Tax Collector

37.   ADOPTED RESOLUTION NO. 276-2002 in support of Assembly Bill 1080, relating to equal benefits for domestic partners, and approved related actions, as recommended by Supervisor Wormhoudt

38.   APPROVED reappointment of Ceil Cirillo to the Workforce Investment Board, as an at-large representative of the City of Santa Cruz, for a term to expire June 30, 2006, as recommended by Chairperson Beautz

39.   DIRECTED the County Administrative Officer to consult with County Counsel, the Clerk of the Board, and the Information Services Department and return to the Board, on or before August 20, 2002, with a draft program to provide for the submission of e-mail comments on specific agenda items intended for the Board as a whole; directed the Clerk to scan all agenda related documents pursuant to the schedule outlined, and approved related action, as recommended by Chairperson Beautz

40.   APPROVED reappointment of Carlos Palacios to the Workforce Investment Board, as an at-large representative of the City of Watsonville, for a term to expire June 30, 2006, as recommended by Chairperson Beautz

41.   ACCEPTED notification of at-large vacancy on the Emergency Medical Care Commission, for a consumer representative, with nominations for appointment to be received on August 6, 2002, and final appointment to be made August 13, 2002, as recommended by Chairperson Beautz

42.   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

43.   APPROVED amendment to agreement with Swanson Hydrology and Geomorphology for the Salmonid enhancement plan extending term to October 30, 2002; and authorized the Health Services Agency Director or designee to sign; and return to the Board no later than September 10, 2002 for approval of additional revenue and expenditures, as recommended by the Health Services Agency Director

44.   ACCEPTED AND FILED four-month report from the Central Coast Alliance for Health, as recommended by the Health Services Agency Director

45.   APPROVED the requests for year end Transfer of Budget Appropriations within Human Resources Agency, as recommended by the Human Resources Agency Director

46.   ADOPTED RESOLUTION NO. 277-2002 accepting an amendment to grant agreement No. 99-008 in the amount of $17,320 from the State Coastal Conservancy and approved related actions, as recommended by the Planning Director

47.   APPROVED agreement with St. Vincent de Paul Society of Lane County, Incorporated to recycle mattresses and box springs for a four year term with a not-to-exceed amount of $10,000 for fiscal year 2001/02 and $50,000 annually through fiscal year 2004/05, and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

48.   ACCEPTED low bid from Johnson and Company, Incorporated in the amount of $360,000.04 for the Soquel Drive Curb, Gutter and Sidewalk from Vienna Drive to Heather Terrace project; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

49.   ACCEPTED low bid from Reber Construction, Company, Incorporated in the amount of $219,985.56 for the Alta Via Road, Storm Damage Repair; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

50.   ADOPTED RESOLUTION NO. 278-2002 authorizing the placement of two road bumps on Live Oak Avenue in Ben Lomond, as recommended by the Director of Public Works

51.   APPROVED amendment to agreement with Monica Burke Consulting for projects development services increasing the contract by $20,000 for a not-to-exceed total of $71,815 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

52.   APPROVED amendment to agreement with the California Grey Bears for office paper collection for certain County facilities increasing the contract by $3,000 to a total not-to-exceed amount of $10,500; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

53.   ADOPTED RESOLUTION NO. 279-2002 authorizing the Director of Public Works to submit regional applications for Used Oil Block Grants to the California Integrated Waste Management Board on behalf of the County of Santa Cruz and the Cities of Capitola, Santa Cruz, Scotts Valley and Watsonville through June 25, 2007, as recommended by the Director of Public Works

54.   APPROVED independent contractor agreement with DKS Associates in the not-to-exceed amount of $116,440 for the 2002 Traffic Signal Design and Signal Modification project and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

55.   ACCEPTED improvement and approved final cost in the amount of $89,268.38 for the Spanish Ranch Road Storm Damage Repair and approved related action, as recommended by the Director of Public Works

56.   AUTHORIZED installation of one 70-watt residential street light on Valdez Lane in Watsonville, as recommended by the Director of Public Works

57.   REJECTED all bids for the Buena Vista Landfill Entrance Facility Improvements, Phase I, and directed Public Works to re-evaluate cost-saving changes to project prior to re-bidding in the 2002/2003 fiscal year, as recommended by the Director of Public Works

58.   ACCEPTED AND FILED report on the Harkins Slough Road Bridge project and directed the Public Works Department to report back on or before October 22, 2002, as recommended by the Director of Public Works

59.   APPROVED final map of Tract 1450, Pajaro Village Townhomes; authorized the Director of Public Works to sign the Subdivision Agreement; and approved related action, as recommended by the Director of Public Works

60.   DEFERRED report on the Road Crossing and Salmonid Passage Assessment Project Grant and directed the Public Works Department to report back on or before August 6, 2002, as recommended by the Director of Public Works

61.   ACCEPTED the low bid from Bugler Construction in the amount of $210,430 of the Two Bar Road Storm Damage Repair; authorized the award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

62.   ACCEPTED North Coast Beaches Project, Phase I, Scott Creek Beach as completed; approved final cost in the amount of $746,473.89; and authorized the Clerk of the Board to approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

63.   ADOPTED RESOLUTION NO. 280-2002 accepting and appropriating unanticipated revenue in the amount of $11,750 from Aptos Park Dedication Fees for the Polo Grounds Dog Park project, as recommended by the Director of Parks, Open Space and Cultural Services

64.   SCHEDULED a public hearing on August 13, 2002, on the morning agenda, at 9:00 a.m. or thereafter to consider a request to the California Debt Limit Allocation Committee for an allocation of Tax Exempt Bond Authority, not issued through the County to finance the Villas Del Paraiso Project (Marmos) and directed the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator

65.   SCHEDULED a public hearing on August 13, 2002, on the morning agenda, at 9:00 a.m. or thereafter, to considered a request to the California Debt Limit Allocation Committee for an allocation of Tax Exempt Bond Authority, not issued through the County, to finance the Pajaro Lane Project and directed the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator

66.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, adopted RESOLUTION NO. 281-2002 providing Agency funds totaling $3,777,189 for the Villa Del Paraiso project and authorized the Redevelopment Agency Administrator to negotiate and sign the related financing agreements, as recommended by the Redevelopment Agency Administrator

67.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on draft Redevelopment Loan Agreement for Pacific Family Mobile Home Park, as recommended by the Redevelopment Agency Administrator

68.   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.: Ernest Bontadelli and Charles Bontadelli v. County of Santa Cruz, Santa Cruz County Superior Court Case No. 133432

Case Name/No.: Katie Q. v. Pajaro Unified School District and Santa Cruz County Mental Health, Case No. SN 02-829

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for two potential cases

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Personnel Director

Employee organization: SEIU

REPORT OF COUNTY COUNSEL - Continued to June 26, 2002

68.1.   ADOPTED ORDINANCE NO. 4673 Amending Subsection H of Subsection 6.04.020, Section 6.04.030, Section 6.08.040 and Section 6.24.090 of the Santa Cruz County Code relating to Animal Control Services and the Establishment of Penalties

68.2.   APPROVED appointment of Faye Jahnigen to the Deferred Compensation Advisory Commission, as the representative of SEIU Local 415, as recommended by Chairperson Beautz

68.3.   APPROVED the elimination of the last bulb out on the south side of Soquel Drive, near Daubenbiss Avenue, to allow for enhanced parking, as recommended by Supervisor Beautz

68.4.   ACCEPTED request of the County Administrative Officer to add late item to the consent agenda that the Board of Supervisors determine, by four-fifths vote of its member present at the meeting that a need to take action to avoid injury or detriment to the public or employee arose subsequent to the printed agenda being posted and added a late item to the consent agenda as follows: 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
WAPCB

REGULAR AGENDA

69.   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 a special meeting

70.   CONSIDERED resolution submitting a special tax measure to the voters of the unincorporated area on the November 5, 2002 ballot for the purpose of increasing the Transient Occupancy Tax, with the increase dedicated solely to funding the Santa Cruz County Conference and Visitors Council
PWCAB

70.1.   Continued 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;

(1) closed public hearing;

(2) approved award of an In-Home Supportive Services (IHSS) contract for the period July 1, 2002 through June 30, 2003 at a rate of $15.70 per hour for 125,000 hours for a total contract amount not to exceed $1,962,500 to Addus HealthCare, Inc. of Palantine, Illinois; and

(3) authorized the Human Resources Agency Director to sign the IHSS contract on behalf of the County, following Board approval; with an additional direction to the Human Resources Agency report back in January 2003 on alternatives for providing the same type of service when the Board considers new arrangements in June 2003
WAPCB

71.   CONTINUED TO AUGUST 6, 2002 Public Hearing held on the merger of AT&T Broadband and Comcast Corporation
WP/C/AB

72.   CONTINUED TO AUGUST 6, 2002 consideration of emergency ordinance to establish a Wireless Telecommunications Facilities Moratorium
AWPCB

72.1.   CONSIDERED recommendations regarding structural changes to permit processing in Santa Cruz County; approved staff recommendations; and directed the Planning Director to report back on September 17, 2002 regarding the progress made on the directions listed in the letter of Supervisor Almquist and Supervisor Wormhoudt dated June 19, 2002; with an additional directive to include the following in the report back; (1) the cost of the changes, the number of people needed to actually do them under the legal time lines, the number of current employees and amount of the current work load;

(2) how the advisory group should work or how it should be composed;

(3) a large versus small or tiered process of review;

(4) a legal analysis from County Counsel on establishing a list of consultants and choosing consultants who may or may not be on the list;

(5) a report from the Planning Director and the County Administrative Officer on things that might need to be done or should be done administratively to rectify mistakes made by the department and what can be done to correct things earlier in the process; and

(6) what the added work load would be for the single point of contact for a project
ACPWB

73.   Public hearing held on confirmation of service charge reports for County Service Area No. 7, Boulder Creek;

(1) opened the public hearing, to hear objections or protests, to the proposed 2002/2003 sewer service charge reports for County Service Area (CSA) No. 7, Boulder Creek

(2) closed public hearing;

(3) adopted RESOLUTION NO. 283-2002 amending and confirming Sewer Service Charge Reports for 2002/2003 Fiscal Year for County Service Area (CSA) No. 7, Boulder Creek
PAWCB

74.   APPROVED appointment of Louis J. Tuosto to the Workforce Investment Board, as an at-large representative of Business, in accordance with County Code Chapter 2.110, Section 20, for a term to expire June 30, 2006
WCPAB

75.   APPROVED appointment of Russ Elliott to the Workforce Investment Board, as an at-large representative of Business, in accordance with County Code Chapter 2.110, Section 20, for a term to expire June 30, 2006
WCPAB

76.   APPROVED reappointments of various persons to the Workforce Investment Board, as at-large representatives in the categories indicated, in accordance with County Code Chapter 2.110, Section 20, for terms to expire June 30, 2006
WCPAB

76.1.   APPROVED subscription agreement for legal research and related amendment between Lexis-Nexis and the County of Santa Cruz for fiscal year 2002/03 and authorized the District Attorney to sign the subscription agreement and related amendment on behalf of the County, as recommended by the District Attorney
WCPAB

77.   RECEIVED bids regarding 2001/2002 Pavement Management Overlay Project and referred to Public Works to return on or before June 28, 2002 with a recommendation on awarding of bid
AWP(C)B

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS