Santa Cruz County Board of Supervisors Minutes: 11/5/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 30
Tuesday, November 5, 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. 49
3.		Additions and Deletions to the Consent Agenda: See Item Nos. 49, 49.1 and 49.2
4.		ORAL COMMUNICATIONS - five people addressed the Board
5.		Additions and Deletions to Regular Agenda: See Item No. 52.1

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of October 22, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 17, 2002 through October 30, 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.   ADOPTED ORDINANCE NO. 4688 Amending Chapter 9 of the Santa Cruz County Code Relating to Stop Intersections

11.   REJECTED the claim of John T. Fleming, No. 203-030, and referred to County Counsel

12.   DENIED the application to file a late claim on behalf of State Farm Insurance Companies (Linda Willis), No. 203-032, and referred to County Counsel

13.   ACCEPTED AND FILED report of the County Administrative Officer regarding the Santa Cruz Auto Theft Reduction Program; approved the total 2002-2003 budget of $322,682 for the Santa Cruz Auto Theft Task Force and authorized the Auditor-Controller to pay these costs directly out of the Vehicle Theft Trust Fund; authorized the District Attorney to sign the related agreements with the Cities of Santa Cruz and Watsonville, and approved related action; adopted RESOLUTION NO. 400-2002 accepting and appropriating unanticipated revenue in the amount of $79,411 from the Vehicle Registration Fees Trust Fund; authorized the purchase of a mobile display terminal in an amount not-to-exceed $10,000, as recommended by the District Attorney and the County Administrative Officer

14.   AUTHORIZED the District Attorney to sign contract in the amount of $460,200 with Constellation Justice Systems for the DAMION criminal case management system; authorized the purchase of fixed assets in the amount of $23,683; and authorized the transfer of $518,275 from the Plant Acquisition/Technology and Productivity Fund to the District Attorney budget for all related costs, as recommended by the District Attorney

15.   APPROVED Memorandum of Understanding (MOU) with the Santa Cruz City Fire Department to provide emergency response services to the Paradise Park and Ocean Street Extension area in the amount of $10,000; and authorized the Emergency Services Administrator to sign the (MOU) on behalf of the County, as recommended by the Emergency Services Administrator

16.   APPROVED plans and specifications, for the Valencia Hall Paving and Walkways; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m., on November 26, 2002, as recommended by the General Services Director

17.   ADOPTED RESOLUTION NO. 401-2002 amending Resolution No. 279-75 to delete obsolete classes, establish new classes, amend the classification and salary plan, and establish differentials; and adopted RESOLUTION NO. 402-2002 amending Resolution No. 247-76 amending Personnel Regulations' Section, as recommended by the Director of Personnel

18.   AUTHORIZED addition of 1.5 Transportation Planning Technician positions for the Santa Cruz County Regional Transportation Commission, as recommended by the Executive Director of the Regional Transportation Commission

19.   APPROVED career incentive pay adjustments for six employees in the Sheriff's Office in the total amount of $9,266.90, as recommended by the Sheriff-Coroner

20.   CONTINUED TO NOVEMBER 19, 2002 consideration to approve contract amendment with Motorola/Printrak for the replacement of the California Law Enforcement Telecommunications System Message Switch

21.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending September 30, 2002, as recommended by the Treasurer-Tax Collector

22.   ACCEPTED nomination of Frank W. Capurro for reappointment to the Pajaro Valley Water Management Board of Directors for a two year term, with final appointment to be made November 19, 2002, as recommended by Supervisor Campos

23.   DIRECTED the Chairperson to write to the State Water Resources Control Board in Support of Proposition 40 funding for the Aptos Transmission Line Relocation Project, as recommended by Supervisor Pirie

24.   ACCEPTED nomination of Martha Martinez for reappointment to the Housing Authority Board of Commissioners, as an at-large tenant representative, for a term to expire November 19, 2004, with final appointment to be made November 19, 2002, as recommended by Supervisor Wormhoudt

25.   ACCEPTED notification of three at-large vacancies on the Area Developmental Disabilities Board VII, with nominations for appointment to be received on November 19, 2002, and final appointment to be made November 26, 2002, as recommended by Chairperson Beautz

26.   APPROVED 2003 Board meeting schedule, and 2003 budget schedule, 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.   ADOPTED RESOLUTION NO. 403-2002 accepting and appropriating $20,000 in unanticipated revenue from the State Department of Health Services, Sexually Transmitted Disease (STD) Control Branch, for the Chlamydia Screening Project, as recommended by the Health Services Agency Director

29.   ADOPTED RESOLUTION NO. 404-2002 accepting and appropriating $255,849 of unanticipated State revenue to provide nutrition services; approved revenue agreement with the State of California in the amount of $316,576; and approved related actions, as recommended by the Health Services Agency Director

30.   APPROVED agreements with LTG Associates in the amount of $45,000 for mental health analytical and evaluation services, the Walnut Women's Center in the amount of $15,085 for teenage pregnancy services, the County of Alameda for public health/laboratory services, increasing the contract amount with ECG Management Consultants by $268,000 for clinic implementation services, the Volunteer Center for $39,627 for employment services to psychiatrically disabled persons, and authorized December 2002 and January 2003 advance payments on agreements with the Volunteer Center, Santa Cruz Community Counseling Center and Front Street, Incorporated, as recommended by the Health Services Agency Director

31.   ACCEPTED AND FILED Annual Report on HIV/AIDS in Santa Cruz County; adopted RESOLUTION NO. 405-2002 accepting and appropriating $24,976 of unanticipated state AIDS revenue; approved revenue agreement with the State of California in the amount of $24,976; approved agreements with Santa Cruz AIDS Project increasing the maximum amount by $5,200 to $184,094 HIV Prevention Project for Injection Drug Users increasing the maximum amount by $3,000 to $199,464, Santa Cruz AIDS Project in the amount of $18,000, Pajaro Valley Prevention and Student Assistance, Incorporated, in the amount of $25,000, and Watsonville YWCA in the amount of $22,500 for AIDS related services; and approved related actions, as recommended by the Health Services Agency Director

32.   ADOPTED RESOLUTION NO. 406-2002 opposing regulations proposed by the State Department of Health on hospital emergency medical response, as recommended by the County's Emergency Medical Care Commission and the Health Services Agency Director

33.   APPROVED regulation changes to the General Assistance Program necessary to implement the Electronic Benefit Transfer System effective November 18, 2002, as recommended by the Human Resources Agency Director

34.   AUTHORIZED the Human Resources Agency Director to sign contracts for health care outreach activities on behalf of the Santa Cruz County Health Care Outreach Coalition with Pajaro Valley Unified School District in the amount of $24,000, Community Bridges/WIC in the amount of $16,346, and the Project Coordinator in the amount of $27,040, as recommended by the Human Resources Agency Director

35.   DEFERRED report on the Community Programs Facility Study until January 14, 2003, as recommended by the Human Resources Agency Director

35.1.   ACCEPTED AND FILED report on the Winter Shelter Program; authorized the Human Resources Agency Director to sign a license agreement with the National Guard for use of the Armory in an amount not-to-exceed $44,530, a contract with the Homeless Services Center in an amount not-to-exceed $61,411, and a contract with the Salvation Army in an amount not-to-exceed $29,945; authorized the Human Resources Agency Director to take related actions; and directed the Human Resources Agency Director to return on or before January 28,2003 with updates on any further impacts of the State budget on the program and possible strategies for extending the program beyond March 15, 2003, as recommended by the Human Resources Agency Director

36.   ACCEPTED the low bid of Joseph J. Albanese, Incorporated, of Santa Clara in the amount of $31,775.32 for the Cuesta Drive Storm Repair; authorized award of contract; and authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

37.   APPROVED Contract Change Order No. 2 in the amount of $57,472 for the Brommer Street Improvements Seventh Avenue to Seventeenth Avenue; authorized the Chairperson of the Board to sign the change order; and approved related actions, as recommended by the Director of Public Works

38.   APPROVED Contract Change Order No. 3 in the amount of $43,000 for the Alice Street and Corcoran Avenue improvements; authorized the Chairperson of the Board to sign the change order; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

39.   APPROVED amendment to agreement with EcoSystems West for general environmental consulting and monitoring services for Public Works projects which increases the contract by $25,000 for a not-to-exceed amount of $100,000 and extends the term to June 30, 2004, and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

40.   APPROVED amendment to agreement with Elkhorn Native Plant Nursery for revegetation, landscape installation and maintenance services for various Public Works projects which increases the contract by $25,000 for a not-to-exceed amount of $50,000 and extends the term to June 30, 2004; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

41.   APPROVED amendment to agreement with Kittleson Environmental Consulting for fish and wildlife biological services which increases the contract by $50,000 for a not-to-exceed amount of $100,000 and extends the term to June 30, 2005; and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

42.   APPROVED independent contractor agreement with Ecology Action of Santa Cruz for pollution prevention education services in carrying out the California Integrated Waste Management Board (CIWMB) Household Hazardous Waste grant for a not-to-exceed amount of $160,373.10; authorized the Director of Public Works to sign the agreement on behalf of the County; and adopted RESOLUTION NO. 407-2002 accepting and appropriating unanticipated revenue in the amount of $299,999.22 from the CIWMB, as recommended by the Director of Public Works

43.   AUTHORIZED a lump sum payment to Monterey Bay Fence for prior fiscal years fencing supply and repair services in the amount of $3,616.36, as recommended by the Director of Public Works

44.   REVIEWED draft operations and maintenance manual for County operations and maintenance activities developed through FishNet 4C; and directed Public Works to return in March 2003 with the final draft to be adopted, as recommended by the Director of Public Works

45.   ADOPTED RESOLUTION NO. 408-2002 accepting unanticipated revenue in the amount of $75,000 from the Monterey Bay Unified Air Pollution Control District for the Electric Bike Commuter Incentive Program Phase II; approved the independent contractor agreement with Ecology Action of Santa Cruz in the amount of $75,000 for the Electric Bike Commuter Incentive Program Phase II; and authorized the Director of Public Works to sign the Grant Acceptance Agreement with Monterey Bay Unified Air Pollution Control District for the Electric Bike Commuter Incentive Program Phase II, as recommended by the Director of Public Works

46.   APPROVED independent contractor agreement with TJKM Transportation Consultants in the total not-to-exceed amount of $41,044 for the Aptos Village Traffic Study; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

46.1.   APPROVED amendment to agreement with D. W. Alley and Associates for general environmental consulting and monitoring services for Public Works projects which increases the contract by $10,000, for a not-to-exceed amount of $20,000 and extends the term to June 30, 2004; and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

47.   ACCEPTED the Carbon Dioxide Feed System Project at the Simpkins Family Swim Center as completed; approved the final cost of the project in the amount of $15,980; and authorized the Clerk of the Board to file the Notice of Completion, as recommended by the Director of Parks, Open space and Cultural Services

48.   ACCEPTED AND FILED status report on issues related to housing units which are at-risk of losing affordability restrictions and approved related actions, with a further report on January 28, 2003, as recommended by the Redevelopment Agency Administrator

49.   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.: Arreola, et al. v. Monterey County, et al., Monterey Superior Court No. 105611

Case Name/No.: Barden v. City of Sacramento 292 F.3d 1073 (9th Cir. 2002)

Case Name/No.: Claim of Richard Thomas, Claim No. 6200009

Case Name/No.: Guy Harry Grable v. Christian Ford Beamish and County of Santa Cruz (Cunningham Lindsey Claims Management, Incorporated, as Plaintiffs-In-Intervention Santa Cruz County Superior Court Case No. CV 141859

Case Name/No.: County v. Moores, et al. Santa Cruz County Superior Court Case No. CV 139535

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

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

ACCEPTED request to add late item to the Closed Litigation Session that the Board of Supervisors determined by two-thirds vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

Added District Attorney Inspector Negotiations to the closed session agenda to provide instructions to the County Negotiating Team prior to the conclusion of the existing contract

CWPAB

REPORT OF COUNTY COUNSEL - The Board held a closed session on October 22, 2002 to consider the appointment of the County Counsel and at the conclusion of that meeting took the action to appoint Dana McRae as the County Counsel effective October 23, 2002;

The Board of Supervisors authorized the County Counsel's Office to participate as Amecus on behalf of the County of Santa Cruz in litigation known as Barden v. City of Sacramento 292 F.3d 1073 (9th Cir. 2002)

PWCAB

49.1.   ADOPTED RESOLUTION NO. 409-2002 approving the Department of Public Works' submittal of a grant application to American Rivers-National Oceanic and Atmospheric Administration Community Based Restoration Partnership in the amount of $25,000 for a fish passage improvement project on Swanton Road at Queseria Creek; and authorized the Director of Public Works to sign and submit all documents necessary for completion of the project, as recommended by the Director of Public Works

49.2.   APPROVED reappointment of Fred Hodder, George Kelly, and John Lundell to the Board of Directors of the Pajaro Dunes Geologic Hazard Abatement District for terms to expire December 1, 2006, as recommended by Supervisor Pirie

REGULAR AGENDA

50.   CONTINUED TO NOVEMBER 19, 2002 consideration of proposed ordinance amending the provisions of the Santa Cruz County Code which apply to hearing officers
APWCB

51.   CONSIDERED adoption of an ordinance amending Chapter 9 of the Santa Cruz County Code relating to stop intersections on Quail Hollow Road;

approved "in concept" ordinance amending Chapter 9 of the Santa Cruz County Code relating to stop intersections on Quail Hollow Road to return on November 19, 2002 for final adoption
AWPCB

52.   CONSIDERED Ordinance amending County Code Section 9.28.030 Multi-way Stop Intersections for the installation of multi-way stop signs on Seacliff Drive at Sea Terrace Way;

adopted "in concept" ordinance amending County Code Section 9.28.030 Multi-way Stop Intersections for the installation of multi-way stop signs on Seacliff Drive at Sea Terrace Way to return on November 19, 2002 for final adoption
PAWCB

52.1.   CONSIDERED request for extension of time to file an appeal, dated October 31, 2002, from the Rural Aptos Community Association;

directed the Clerk of the Board to accept the request for appeal dated October 31, 2002, from the Rural Aptos Community Association and to schedule a jurisdictional hearing on November 19, 2002; requested County Counsel look into drafting an ordinance that would give guidance in the future in similar situations and that would require those situations show clear evidence that there is a demonstrable defect that has affected their ability to take an appeal
PAWCB

53.   RECEIVED bids regarding Mesa Village Sheriff's Office Service Center project and referred to the General Services Department to return on or before November 26, 2002 with a recommendation on awarding of bid
AP/W//C/B

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS