Santa Cruz County Board of Supervisors Minutes: 11/19/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 31
Tuesday, November 19, 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.		Supervisor Wormhoudt Absent Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions to the Consent Agenda: See Item Nos. 59.1, 59.2, 59.3 and 59.4
4.		ORAL COMMUNICATIONS - two people addressed the Board
5.		Additions and Deletions to Regular Agenda; See Item No. 61, Zone 7: deleted Item No. 1.5

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of November 5, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 31, 2002 through November 13, 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. 4689 Amending Chapter 9 of the Santa Cruz County Code Relating to Stop Intersections

11.   ADOPTED ORDINANCE NO. 4690 Amending Chapter 9 of the Santa Cruz County Code Relating to Multi-Way Stop Intersections

12.   DIRECTED the Auditor-Controller to issue a replacement warrant in the amount of $77.10, as recommended by the Auditor-Controller

13.   ADOPTED RESOLUTION NO. 410-2002 establishing the 2002-2003 appropriations limitations for the County and Special Districts governed by the Board of Supervisors, as recommended by the Auditor-Controller

14.   APPROVED revenue agreement with the Santa Cruz Metropolitan Transit District (SCMTD) and authorized the Auditor-Controller to sign the agreement for payroll services, as recommended by the Auditor-Controller

15.   DEFERRED report on SPCA disallowed costs until December 10, 2002, as recommended by the Auditor-Controller

16.   APPROVED the request for compensation at the rate of $95 per hour in the Special Circumstance case of People v. Enrique Perez Colin, as recommended by the County Administrative Officer

17.   DEFERRED the report on the suspension of reimbursement for State mandated costs and the report on the impact of Human Resources Agency reductions on County Counsel until December 10, 2002, as recommended by the County Administrative Officer

18.   ADOPTED RESOLUTION NO. 411-2002 appointing Dana McRae as County Counsel of the County of Santa Cruz effective October 23, 2002, as recommended by the County Administrative Officer

19.   APPROVED the Dependent Care Reimbursement Plan Amendment for Tax Year 2003, as recommended by the Personnel Director

20.   ADOPTED RESOLUTION NO. 412-2002 setting the Medical Plan Contributions for various employee groups under the Public Employees' Medical and Hospital Care Act, as recommended by the Personnel Director

20.1.   ADOPTED RESOLUTION NO. 413-2002 determining Disability Retirement status of Richard Thomas, a Safety employee, as recommended by the Personnel Director

20.2.   APPROVED renewal of Health Services Agency Professional and general liability policy, as recommended by the Health Services Agency Director and the Personnel Director

21.   REJECTED the claim of Lance Clifford, No. 203-034, and referred to County Counsel

22.   REJECTED the claim of Adrian O. Adams, No. 203-035A, and referred to County Counsel

23.   REJECTED the claim of Adrian Adams, No. 203-035B, and referred to County Counsel

24.   REJECTED the claim of Adrian Adams, No. 203-035C, and referred to County Counsel

25.   REJECTED the claim of Adrian Adams, No. 203-035D, and referred to County Counsel

26.   REJECTED the claim of Nancy Lechner, No. 203-036, and referred to County Counsel

27.   REJECTED the claim of Bradley Robinson, No. 203-037, and referred to County Counsel

28.   REJECTED the claim of Lorri Nieto, No. 203-045, and referred to County Counsel

29.   DEFERRED approval of contract amendment with Motorola/Printrak for the replacement of the California Law Enforcement Telecommunications System Message Switch until December 10, 2002, as recommended by the Sheriff-Coroner

30.   APPROVED contract change orders for equipment and power upgrades in the amount of $13,185 for the Sheriff's Mobile Data Computing System; authorized the Sheriff-Coroner to sign the change orders; and approved the associated transfer of funds in the amount of $13,185, as recommended by the Sheriff-Coroner

31.   ADOPTED RESOLUTION NO. 414-2002 approving the Sale of Tax-Defaulted Property at Public Auction, as recommended by the Treasurer-Tax Collector

32.   ACCEPTED nomination of Mike Blaesser for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2004, with final appointment to be made December 10, 2002, as recommended by Supervisor Beautz

33.   ACCEPTED notification of two at-large vacancies on the Children and Youth Commission, representing persons under age 18 and providers, with nominations for appointment to be received on December 10, 2002, and final appointment to be made January 7, 2003, as recommended by Chairperson Beautz

34.   ACCEPTED notification of at-large vacancy on the Workforce Investment Board, representing economic development agencies, with nominations for appointment to be received December 10, 2002, and final appointment to be made January 7, 2003, as recommended by Chairperson Beautz

35.   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

36.   ACCEPTED AND FILED report on State budget impacts on health services; adopted RESOLUTION NO. 415-2002 canceling estimated revenues and appropriations of $180,275 in Health Services Agency budget; approved budget modifications to address state Children's System of Care funding reductions; and directed Mental Health to work with the Human Resources Agency and the Probation Department on youth issues, as recommended by the Health Services Agency Director

37.   ADOPTED RESOLUTION NO. 416-2002 accepting and appropriating $37,204 in unanticipated California Healthcare for Indigents Program (CHIP) revenue into the Medi-Cruz budget, as recommended by the Health Services Agency Director

38.   DEFERRED report on Health Improvement Partnership Project until November 26, 2002, as recommended by the Health Services Agency Director

39.   AUTHORIZED Health Services Agency to sign grant agreements with the federal Center for Substance Abuse Treatment and the State Department of Alcohol and Drug Programs for adolescent residential treatment and Drug Court funding; authorized the Health Services Agency to negotiate contracts and contract amendments; adopted RESOLUTION NO. 417-2002 accepting and appropriating $470,912 in unanticipated revenue into the Health Services Agency budget; adopted RESOLUTION NO. 418-2002 accepting and appropriating $37,894 in unanticipated revenue into the Probation Department budget and approved related personnel actions, as recommended by the Health Services Agency Director and Chief Probation Officer

40.   ADOPTED RESOLUTION NO. 419-2002 appointing Melva Simmons to the Office of Public Guardian of Santa Cruz County, as recommended by the Human Resources Agency Director

41.   SCHEDULED a public hearing on December 10, 2002, on the afternoon agenda, at 1:30 p.m. or thereafter to consider the proposal to rezone Assessor's Parcel Number 098-151-02 from the Special use ("SU") zone district to the Timber Production ("TP") zone district, as recommended by the Planning Director

42.   SCHEDULED a public hearing on December 10, 2002, on the afternoon agenda, at 1:30 p.m. or thereafter to consider the proposal to rezone Assessor's Parcel Number 089-531-12 from the Special Use ("SU") zone district to the Timber Production ("TP") zone district, as recommended by the Planning Director

42.1.   APPROVED allocation of Fish and Game funds recommended by the Fish and Game Advisory Commission in the amount of $25,000 to Coast Dairies and Land Company and $3,000 to Native Animal Rescue, as recommended by the Planning Director

43.   APPROVED 2002/2003 Advanced Planning and Housing Work Program; with an additional direction Planning return during budget hearings with a report on the cost and a possible time line for creation of a specific plan for the Green Valley area and to develop strategies to increase farmworker housing in the community and return on February 4, 2003 with a report on those strategies

44.   ADOPTED RESOLUTION NO. 420-2002 accepting and appropriating unanticipated revenue in the amount of $6,782.35 and authorized the Planning Director to enter into a Purchase Order agreement with Kim Tschantz to provide consultant services, as recommended by the Planning Director

45.   ACCEPTED AND FILED progress report on FishNet 4C Implementation Plan; directed staff to incorporate implementation actions into work programs, and directed the Planning Department to report back on November 18, 2003 with a progress report on the Implementation Plan, as recommended by the Planning Director

46.   SEE ITEM NO. 65.1 REGULAR AGENDA

47.   APPROVED independent contractor agreement with Kinnetic Laboratories/ToxScan in a not-to-exceed amount of $20,560 for storm water treatment system monitoring for the 30th, 32nd, and 33rd Avenue Storm Drain, Sanitary Sewer and Sidewalk Improvements, and authorized the Director of Public Works to sign the independent contractor agreement, as recommended by the Director of Public Works

47.1.   AUTHORIZED the Chairperson of the Board to send a letter of support to the California Department of Transportaion regarding the necessity of maintaining the Highway 1 Emeline Avenue off-ramp in the Highway 1/17 Merge Lanes Project, as recommended by the Director of Public Works

48.   APPROVED amendment to agreements for transportation, recycling and disposal of electronic products waste with Philip Transportation and Remediation, Incorporated for a not-to-exceed amount of $210,000 and with United Datatech Distributors for a not-to-exceed amount of $90,000, and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

49.   ADOPTED RESOLUTION NO. 421-2002 authorizing Public Works to apply for Environmental Enhancement and Mitigation Program grant funds for the Geyer property acquisition, and directed Public Works to return on or before May 20, 2003, to report on the outcome of the grant application; with an additional direction the Chairperson request the Transportation Commission take whatever steps are appropriate to support the grant application

50.   ACCEPTED AND FILED report on the Local Hiring of Apprenticeship Ordinance and directed Public Works to return on January 28, 2003 with an updated report, as recommended by the Director of Public Works

51.   ACCEPTED AND FILED report on future recommended underground utility projects, as recommended by the Director of Public Works

52.   ACCEPTED improvements and approved the final cost in the amount of $37,710 for the Larkin Valley Road Storm Damage Repair project and approved related action, as recommended by the Director of Public Works

53.   APPROVED Contract Change Order No. 2 in the amount of $31,265 for the 2001/2002 Pavement Management Overlay Project for County Service Area (CSA) No. 33, Redwood Drive, Supervisorial District 2; authorized the Chairperson of the Board to sign the contract change order; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works
PA/W/(C)B

54.   APPROVED independent contractor agreements for the Public Works Solid Waste and Recycling Services section and authorized the Director of Public Works to sign the agreements with Inland Industrial Tire, for large tire repair and replacement services for a not-to-exceed cost of $45,000; Dixon and Son Tires, Incorporated, for truck and fleet tire services for a not-to-exceed cost of $25,000 and Central Electric, for electrical repair services for a not-to-exceed cost of $18,000, as recommended by the Director of Public Works

55.   ACCEPTED improvements and final cost in the amount of $198,699.74 for the 2001/2002 Pavement Management Slurry Seal Project and approved related action, as recommended by the Director of Public Works

56.   APPROVED amendment to agreement with Ecology Action of Santa Cruz for a not-to-exceed amount of $30,000 for fiscal year 2002/2003 for the Used Oil Recycling Block Grant Program and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY APROVED an agreement with Shangrila Landscape, Incorporated, in the amount of $28,500 for the Capitola Road Landscape Establishment Period contract and approved related actions, as recommended by the Redevelopment Agency Administrator

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY APPROVED Agency financing of an agreement with Kinnetics Laboratories, Incorporated for storm water monitoring in the amount of $22,000 and approved related actions, as recommended by the Redevelopment Agency Administrator

59.   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.: Nancy Coe v. County of Santa Cruz, Superior Court

Case No. 139334

Case Name/No.: Alan Johnson v. County of Santa Cruz, et al., Santa Cruz Superior

Court No. 1416708; Sixth Appellate District Case No. H 025045; U.S. District Court Case No. C 020441 JW

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Personnel Director

Employee Organization: All

REPORT OF COUNTY COUNSEL - No report given

59.1.   DIRECTED County Counsel to review the Personal Privacy Ordinance adopted by San Mateo County and return to the Board of Supervisors on December 10, 2002, with any comments on the proposed language that is appropriate and in a form suitable for potential adoption, as recommended by Supervisor Almquist

59.2.   DIRECTED County Counsel to send a letter urging the First District Court of Appeal to publish its opinion in Finley-Tassajara Corporation v. County of Contra Costa, Case No. A097392, as recommended by County Counsel

59.3.   ACCEPTED notification of at-large vacancy on the Board of Directors of the Santa Cruz Metropolitan Transit District, with nominations for appointment to be received on December 10, 2002, and final appointment to be made January 7, 2003, as recommended by Chairperson Beautz

59.4.   DIRECTED the Planning Department to move forward with an appeal of the Islandia property timber harvest proposal if it is approved, as soon as it is approved, as recommended by Supervisor Almquist

REGULAR AGENDA

60.   CONSIDERED the County's participation in the Food Bank Holiday Food Drive this year, as well as, continued participation on an annual basis;

(1) presentation made by representatives of the Second Harvest Food Bank;

(2) approved the County's participation in the Food Bank Holiday Food Drive again this year, as well as continued participation on an annual basis, and encouraged County department heads and employees to actively participate in this effort; and

(3) established November 12 through December 6, 2002, as the period for contributions to the Food Drive at County facilities
PC/W/AB

61.   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 scheduled meeting

62.   AS THE BOARD OF DIRECTORS FOR THE REDEVELOPMENT AGENCY Public Hearing held on status of implementing Live Oak-Soquel Redevelopment Plan and 1999 Implementation Plan;

(1) opened public hearing; and

(2) continued public hearing until November 26, 2002
ACP/W/B

63.   Continued hearing on proposed ordinance amending the provisions of the Santa Cruz County Code which apply to hearing officers;

(1) approved ordinance "in concept" to return on November 26, 2002 for final adoption; with an additional direction County Counsel add to the ordinance, under qualifications, that the hearing officer is an attorney in good standing with the California State Bar Association and include hearing officers to Section II, which reflects the requirements of the County relative to conflicts of interest

(2) approved amendments to County Hearing Officer contracts and authorized the County Administrative Officer to execute the amended contracts;
AP/W/CB

64.   APPROVED reappointment of Martha Martinez to the Housing Authority Board of Commissioners, as an at-large tenant representative, for a term to expire November 19, 2004
CAP/W/B

65.   APPROVED reappointment of Frank W. Cappuro to the Pajaro Valley Water Managment Agency Board of Directors, pursuant to the provisions of Water Code Appendix Section 124-402, for a term to expire November 19, 2004
CP/W/AB

65.1.   ACCEPTED AND FILED report on State accessibility requirements as they relate to existing parking lots and new residential structures and referred the matter of ordinance changes for inclusion in the next update of the Planning Department Work Program, with an additional direction the Planning Department return on March 4, 2003 with a report reflecting the continuing discussions between members of the Commission on Disabilities and the Planning Department staff on the options the Board might have to move this item forward
AP/W/CB

66.   Jurisdictional hearing to consider the Planning Commission's determination that the use proposed under Application 01-0151 is consistent with the allowed uses in the Residential Agriculture zone district and with the Rural-Residential General Plan designation. The property is located on the east side of Freedom Boulevard at the intersection with Valencia Road, Aptos;

(1) motion to take jurisdiction of Appeal of Application No. 01-0151 and schedule a public hearing on December 10, 2002 at 2:00 p.m. or thereafter;

(2) amended motion to specify the jurisdictional hearing on this Appeal is a de novo hearing on the issue of whether this Application is an appropriate use within the zone district and public testimony will be limited to one hour
(1) PA/W/CB
(2) ACP/W/B

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS