Santa Cruz County Board of Supervisors Minutes: 8/13/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 21
Tuesday, August 13, 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.		Roll Call 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 No. 32.1
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.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 1, 2002 through August 7, 2002 and approved upon adoption of the 2002/2003 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.   REJECTED the claim of Jeanne Rodriguez, No. 203-003 and referred to County Counsel

11.   ADOPTED ORDINANCE NO. 4676 Amending Section 2.122.020 of the Santa Cruz County Code Relating to A Living Wage

12.   ACCEPTED AND FILED Statement of Count of Money in Treasury on June 28, 2002, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED status report on the Watsonville Courts Project at 200 Main Street; directed the County Administrative Office to report back on or before August 27, 2002 with a revised Memorandum of Understanding (MOU) with the City of Watsonville and a recommendation regarding project management services for the County's tenant improvements; and directed the County Administrative Office to report back on or before October 22, 2002 with recommendations regarding subsequent development agreements with the City of Watsonville for the 200 Main Street project, as recommended by the County Administrative Officer

14.   ADOPTED RESOLUTION NO. 310-2002 ordering the elections called by school districts, special districts, and cities be consolidated with the November 5, 2002 General Election, as recommended by the County Clerk

15.   AWARDED contract to Bustichi Construction for the Building Envelope Repairs, Health and Human Services Building, in the not-to-exceed amount of $41,750 for the Gypsum wallboard project and authorized the General Services Director to approve change orders and encumber $4,175 in addition to the contract amount to cover change order expenditures as required; awarded contract to Kase Pacific Construction in the amount of $45,850 for the Rough Carpentry project; authorized the General Services Director to approve change orders and encumber $4,585 in addition to the contract amount to cover change order expenditures as required; and approved related actions, as recommended by the Director of General Services

16.   APPROVED appointment of Tony Alvarado to the Child Care Planning Council for a term to expire April 1, 2005, as recommended by Supervisor Almquist

16.1.   ADOPTED RESOLUTION NO. 311-2002 opposing Senate Bill 910, directed the Chairperson to write our legislative representatives asking that they oppose Senate Bill 910, and approved related actions, as recommended by Supervisor Pirie

17.   ADOPTED RESOLUTION NO. 312-2002 authorizing the Health Services Agency Director to sign state standard agreements and approved related actions, as recommended by the Health Services Agency Director

18.   AUTHORIZED the Health Services Agency to participate as co-sponsor in the annual Cabrillo College and Career Night and authorized payment of the related $2,500 sponsorship fee, as recommended by the Health Services Agency Director

19.   ADOPTED RESOLUTION NO. 313-2002 authorizing the State Department of Mental Health to transfer $10,000 of funding to the California Mental Health Directors Association to provide Early and Periodic Screening, Diagnosis and Treatment Specialty Mental Health Services in fiscal year 2002/03 and approved related actions, as recommended by the Health Services Agency Director

20.   ADOPTED RESOLUTION NO. 314-2002 accepting and appropriating $7,500 in unanticipated revenue into the Alcohol and Drug Program budget; approved agreements with Community Foundation of Santa Cruz, Parents' Center, New Life Community Services and Sobriety Works; and authorized contract advance payment for six health contractors, as recommended by the Health Services Agency Director

21.   APPROVED Medical Administrative Activities (MAA) master agreements with community-based organizations and local education agencies; and authorized the Health Services Agency to enter into both retroactive and new contracts with both community based service providers and local education agencies to allow MAA claiming, as recommended by the Health Services Agency Director

22.   ADOPTED RESOLUTION NO. 315-2002 authorizing execution of Agreement No. FAPP-2066 for Child Development Services with the California Department of Education; adopted RESOLUTION NO. 316-2002 authorizing execution of Agreement No. GAPP-2069 for Child Development Services with the California Department of Education; adopted RESOLUTION NO. 317-2002 authorizing execution of Agreement No. G2AP-2065 for Child Development Services with the California Department of Education; adopted RESOLUTION NO. 318-2002 authorizing execution of Agreement No. F2AP-2065 for Child Development Services with the California Department of Education; adopted RESOLUTION NO. 319-2002 authorizing execution of Agreement No. F3TO-2066 authorizing execution of agreement for Child Development Services with the California Department of Education; and adopted RESOLUTION NO. 320-2002 authorizing execution of Agreement NO. G3TO-2066 for Child Development Services with the California Department of Education; and directed the Human Resources Agency Director to approve related actions, as recommended by the Human Resources Agency Director

23.   SEE ITEM NO. 36.1 REGULAR AGENDA

24.   ACCEPTED AND FILED report on potential residential development on vacant or underutilized commercial and industrial parcels and approved related actions, as recommended by the Planning Director

25.   ACCEPTED AND FILED report on the Lompico Road Culvert Replacement project and directed the Department of Public Works to return on August 20, 2002 with the project specifications, along with a proposed agreement with the Lompico Water District for water line relocation, as recommended by the Director of Public Works

26.   ACCEPTED AND FILED report on the Local Hiring of Apprentices Ordinance and directed Public Works to return on September 24, 2002 with an updated report, as recommended by the Director of Public Works

27.   ACCEPTED improvement for the East Zayante Road and Upper East Zayante Road Storm Damage Repair project; approved final cost in the amount of $286,012.19; and direced the Clerk of the Board to take related action, as recommended by the Director of Public Works

28.   APPROVED proposed Disadvantaged Business Enterprise participation goal for federal fiscal year 2002/03 and authorized Public Works to submit the goal for a 45-day public review, as recommended by the Director of Public Works

29.   AUTHORIZED the installation of one 70-watt residential street light on Robertson Street, as recommended by the Director of Public Works

30.   APPROVED plans, specifications, and engineers estimate for Larkin Valley Road, Storm Damage Repair project; set the bid opening for 10:45 a.m. on August 27, 2002; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

31.   APPROVED agreement with Ifland Engineers, Incorporated in the amount of $22,500 for Phase I site analysis and schematic design of the Seascape Park Beach Access Trail and Stairway project; authorized the Director of Parks, Open Space and Cultural Services to sign the agreement on behalf of the County; and authorized the Director of Parks to approve design change orders for $4,500 in addition to the contract amount, as required, as recommended by the Director of Parks, Open Space and Cultural Services

32.   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.: Guy Harry Grable v. Christian Ford Beamish and County of Santa Cruz, Santa Cruz County Superior Court Case No. CV 141859

Case Name/No.: In re Pacific Gas & Electric, United States Bankruptcy Court, Northern District of California, Case No. 01-30923

Case Name/No.: John Lantis v. County of Santa Cruz, WCAB SJO 0215243, DOI: 10/23/98CT, 7/1/99CT, 125/97

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

LIABILITY CLAIMS

Claimant: Claim of Progressive (Insured: Frank Flores) Claim No. 203-007

Claimant: Claim of Wayne Cassingham, Claim No. 203-006

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Personnel Director

Employee organization: All

REPORT OF COUNTY COUNSEL - In the matter of Wayne Cassingham, Claim No. 203-006, the Board of Supervisors authorized County Counsel to negotiate and execute legal documents to implement the settlement of this claim for an amount not to exceed $15,000
PWCAB

32.1.   DIRECTED the Chairperson to send a letter to the California Cruise Ship Environmental Task Force supporting a zero discharge policy for cruise ships in the Monterey Bay National Marine Sanctuary and adopted RESOLUTION NO. 321-2002 recommending a zero discharge policy, as recommended by Supervisor Wormhoudt

REGULAR AGENDA

33.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT SANITATION DISTRICT

Continued public hearing on 2002/2003 Davenport County Sanitation District Sewer and Water Charge Report;

opened public hearing to hear objections or protests to the 2002/2003 Sewer and Water Service Charge Report for Davenport County Sanitation District;

closed public hearing; and adopted RESOLUTION NO. 322-2002 confirming the 2002/2003 Sewer and Water Service Charge Report for Davenport County Sanitation District
WCPAB

34.   Public hearing held to approve request for allocation of Tax Exempt Bond Authority and consider resolution approving issuance of Bonds by the Association of Bay Area Governments (ABAG) Financing Authority for the Corralitos Creek project;

opened public hearing to receive testimony on the proposed approval of a request to the California Debt Limit Allocation Committee (CDLAC) for an Allocation of Tax-exempt Bond Authority issued through the ABAG Finance Authority to finance the Corralitos Creek project;

closed public hearing; and adopted RESOLUTION NO. 323-2002, approving execution and delivery of the ABAG Finance Authority for Nonprofit Corporations of the Issuance of Bonds relating to the Corralitos Creek Apartments, as amended, to correct the maximum principal amount of (the "Bonds") to $7,200,000 in the second line of the second "WHEREAS"
WCPAB

35.   Public hearing held to approve request for allocation of Tax Exempt Bond Authority and consider resolution approving issuance of bonds by Association of Bay Area Governments (ABAG) Authority for the Villas del Paraiso project;

opened public hearing to take testimony on the proposed approval of a request to CDLAC for an Allocation of Tax-exempt Bond Authority issued through the ABAG Finance authority to finance the Villas del Paraiso project;

closed public hearing; and adopted RESOLUTION NO. 324-2002 approving the issuance of the Bonds by the ABAG Authority in the amount of $6,000,000 for the Villas del Paraiso project
CWPAB

36.   CONSIDERED Ordinance amending Chapter 9.28 of the Santa Cruz County Code relating to designation of stop intersections and considered related actions for Tract 1423, Santos Subdivision (in Live Oak);

(1) accepted site improvements as completed in accordance with previously approved plans;

(2) adopted RESOLUTION NO. 325-2002 accepting Jose Avenue, Adelaida Court and Marianna Court into the County Maintained System;

(3) approved "in concept" ordinance amending Chapter 9.28 of the Santa Cruz County Code to return on August 20, 2002 for final adoption;

(4) directed the Clerk of the Board to release the Faithful Performance Security and retain sufficient funds from the Faithful Performance Security to provide for the Guarantee, Warranty and Maintenance of Work Security;

(5) authorized the Clerk of the Board to release the Labor and Materials Security at the end of three months if a search by the Auditor-Controller's Office reveals no posted liens against the project and at the end of twelve months release the Guarantee, Warranty and Maintenance of Work Security provided there are no problems with the improvements

CWPAB

36.1.   CONTINUED to September 24, 2002 report on the allocation of Measure J units; including the following: (1) a review of the legal opinion regarding additional guidelines on the resale of these properties, (2) legal opinion on privacy and enforcement issues, (3) different ways of marketing the units and the legal limits involved, and (4) whether the number of people living in a Measure J unit must be the same as the number of people in the family purchasing the Measure J unit
WCPAB

37.   APPROVED appointment of Christina Cuevas to the Workforce Investment Board, as an at-large representative of Community Based Organizations, in accordance with County Code Chapter 2.110, Section 30, for a term to expire June 30, 2004
WCPAB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS