Santa Cruz County Board of Supervisors Minutes: 1/28/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 3
Tuesday, January 28, 2003

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 No. 62
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 January 7, 2003 and January 14, 2003, 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.   ADOPTED ORDINANCE NO. 4702 Enacting Chapter 5.60 of the Santa Cruz County Code Relating to the Regulation of Disclosures of Confidential Consumer Information by Financial Institutions

11.   ADOPTED RESOLUTION NO. 10-2003 accepting and appropriating unanticipated revenue in the amount of $120,000 from the Monterey Bay Unified Air Pollution Control District for the Agricultural Engine Emissions Reductions Program; approved amendments to the independent contractor agreement with Ryerson, Master and Associates, Incorporated, adding $120,000 to the contract and extending the term of the contract to November 1, 2004; and authorized the Agricultural Commissioner to sign the amended contract, as recommended by the Agricultural Commissioner

12.   ACCEPTED AND FILED Statement of Count of Money in Treasury on November 25, 2002, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED report on the staffing and membership of the Integrated Pest Management Departmental Advisory Group, as recommended by the County Administrative Officer

14.   APPROVED Proposition 172 Maintenance of Effort Calculation and directed the County Administrative Office to execute and forward the 2002/2003 Certification to the Auditor-Controller, as recommended by the County Administrative Officer

15.   ADOPTED RESOLUTION NO. 11-2003 urging the California Legislature to reject the Governor's proposed shift of local Vehicle License Fee (VLF) revenues and to honor the 1998 commitment to restore the VLF, and directed the Clerk of the Board to take related action, as recommended by the County Administrative Officer

16.   ACCEPTED AND FILED report on the Watsonville Court Expansion/Watsonville Civic Plaza Project and directed the County Administrative Officer to report on or before March 11, 2003 with a further report on the status of the City of Watsonville Redevelopment Agency funding for this project and related information; with an additional direction that Supervisor Campos send a letter to the City of Watsonville as outlined in the material

17.   AWARDED contract to Kase Pacific Construction in the amount of $123,649 for the Sheriff's Office Remodel project; authorized the General Services Director to notify the contractor and sign the contract agreements and associated documents on behalf of the Board; authorized the General Services Director to approve change orders and encumber $12,365 in addition to the contract amount, to cover change order expenditures; and adopted RESOLUTION NO. 12-2003 accepting and appropriating unanticipated revenue in the amount of $65,000 from Sheriff's Federal Asset Forfeitures to complete the financing for this project, as recommended by the Director of General Services

18.   APPROVED contract amendment with Axiom Engineers for the not-to-exceed amount of $11,500 for additional engineering services associated with the retrofit of the Rountree Lane Water System; and authorized the General Services Director to sign and execute the agreement, as recommended by the Director of General Services

19.   APPROVED amendments with Trepte Construction for construction management services related to 1400 Emeline repair for an amount not-to-exceed $115,000 and Simpson, Gumpertz and Heger for engineering services for an amount not-to-exceed $50,000, as recommended by the Director of General Services

20.   DEFERRED Report on the PERS Golden Handshake Program to February 4, 2003, as recommended by the Risk Manager

21.   ACCEPTED AND FILED report on Update of Foster Care Expenditures for fiscal year 2002/03; and directed the Chief Probation Officer, Human Resources Agency and Health Services Agency Directors to provide an updated report on March 4, 2003 regarding fiscal year 2002/03 foster care expenditures and efforts to control these expenditures, as recommended by the Chief Probation Officer, and the Human Resources Agency and Health Services Agency Directors

22.   ADOPTED RESOLUTION NO. 13-2003 accepting and appropriating unanticipated revenue from Annie E. Casey Foundation in the amount of $57,198; adopted RESOLUTION NO. 14-2003 accepting and appropriating unanticipated revenue from the Robert Wood Johnson Foundation in the amount of $36,500 to provide Probation Department Services; authorized the Chief Probation Officer to sign grant award agreements with the Annie E. Casey Foundation and the Robert Wood Johnson Foundation; authorized the Chief Probation Officer to negotiate contract amendments with Barbara Collins in the amount of $22,000 and with Ollin Associates, Incorporated in the amount of $14,500 to begin the Reclaiming Futures Systems Implementation Grant activities pending recruitment of staff; and directed the Personnel Department to work with the Probation Department to add and classify positions, as recommended by the Chief Probation Officer

23.   ACCEPTED AND FILED report on the status of electronic timesheet and pay stub projects and Internet and Intranet project activity; approved agreement with Intellitime Systems Corporation in the amount of $46,000 for the acquisition of a Virtual Timecard interface system pilot project and authorized the Information Services Director to sign the agreement on behalf of the County; and requested that the Auditor-Controller encumber the funds appropriated in the Plant Acquisition Technology Improvement Fund in 2002-2003 for this project, as recommended by the Information Services Director

24.   DEFERRED report on issues related to emergency room use to March 11, 2003, as recommended by the Sheriff-Coroner

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

26.   DEFERRED the mid-year Central Collections Division status report to February 25, 2003, as recommended by the Treasurer-Tax Collector

27.   ACCEPTED nomination of Thomas Dwyer for reappointment to the Board of Law Library Trustees for calendar year 2003, with final appointment to be made February 4, 2003, as recommended by Supervisor Almquist

28.   DIRECTED the Chairperson to write to the County's State and federal representatives and request their support for the items identified in the 2003 Library Legislative Program, as recommended by Supervisor Beautz

29.   APPROVED appointment of Marie E. Bispo to the Children and Youth Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos

30.   APPROVED appointment of Yolanda Melgoza to the Housing Advisory Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos

31.   ACCEPTED nomination of Michael Barsi for reappointment to the Board of Law Library Trustees for calendar year 2003, with final appointment to be made February 4, 2003, as recommended by Supervisor Campos

32.   APPROVED reappointment of Dennis Osmer and Edenilson Quintanilla to the Planning Commission, as the Commissioner and Alternate Commissioner, respectively, for terms to expire January 8, 2007, as recommended by Supervisor Campos

33.   APPROVED reappointment of Denise Holbert and Marilyn Hummel to the Planning Commission, as the Commissioner and Alternate Commissioner, respectively, for terms to expire January 8, 2007, as recommended by Supervisor Wormhoudt

34.   ACCEPTED nomination of Eric C. Herrick for appointment to the Assessment Appeals Board, as an at-large representative, for a term to expire September 3, 2004, with final appointment to be made February 4, 2003, as recommended by Supervisor Wormhoudt

35.   ACCEPTED nomination of Tim Kelbert for reappointment to the Area Developmental Disabilities Board VII, as an at-large representative, for a term to expire January 1, 2006, with final appointment to be made February 4, 2003, as recommended by Supervisor Pirie

36.   ACCEPTED notification of at-large vacancy on the Housing Authority Board of Commissioners, for a nominee to be submitted by the City of Watsonville, as recommended by Chairperson Pirie

37.   ACCEPTED AND FILED annual report of the Building and Fire Code Appeals Board, as recommended by Chairperson Pirie

38.   ACCEPTED AND FILED annual report of the Deferred Compensation Advisory Commission and approved related action, as recommended by Chairperson Pirie

39.   ACCEPTED AND FILED annual report of the In-Home Supportive Services Advisory Commission and approved related action, as recommended by Chairperson Pirie

40.   APPROVED appointment of Bud Winslow to the Housing Authority Board of Commissioners, as the at-large representative of the Community Action Board, for a term to expire January 28, 2007, as recommended by Chairperson Pirie

41.   ACCEPTED AND FILED annual report of the Technical Advisory Group on Ambulance Contract Compliance, as recommended by Chairperson Pirie

42.   ACCEPTED AND FILED annual report of the Local Mental Health Board and approved related action, as recommended by Chairperson Pirie

43.   APPROVED appointment of members of the Board of Supervisors to various agencies, committees and commissions for calendar year 2003, as recommended by Chairperson Pirie

44.   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

45.   ACCEPTED AND FILED report on ambulance service negotiations and directed the Health Services Agency to return on February 25, 2003 with a further update, as recommended by the Health Services Agency Director

46.   ACCEPTED AND FILED report on the application of the Living Wage Program to non-profit agencies and directed staff to continue meeting with the Coalition for a Living Wage and the Human Care Alliance to develop implementation strategies and report back on March 4, 2003, as recommended by the Human Resources Agency Director

47.   DEFERRED recommendations on In-Home Supportive Services Contract Options until February 25, 2003, as recommended by the Human Resources Agency Director

48.   ACCEPTED AND FILED annual report of the Children's Network, as recommended by the Human Resources Agency Director

49.   ADOPTED RESOLUTION NO. 15-2003 accepting and appropriating unanticipated revenue in the amount of $7,433.23 from the Office of Child Abuse Prevention, as recommended by the Human Resources Agency Director

50.   DEFERRED update on the impacts of the State Budget on the winter shelter program and possible strategies for extending the program to the February 11, 2003 meeting, as recommended by the Human Resources Agency Director

51.   APPROVED affordable housing participation agreement for Tract No. 1424, Harbor Beach and approved related actions, as recommended by the Planning Director

52.   CONTINUED TO FEBRUARY 4, 2003 consideration to approve proposed route concept for Brommer Street from Seventeenth Avenue to Capitola city limits

53.   ACCEPTED AND FILED report on labor compliance on construction contracts and directed staff to return with an updated report on February 25, 2003, as recommended by the Director of Public Works

54.   ACCEPTED improvement for the Alta Via Road Storm Damage Repair project; approved final cost in the amount of $218,907.92; and approved related action, as recommended by the Director of Public Works

55.   ACCEPTED improvement for the Lompico Road Culvert Replacement project; approved the final cost in the amount of $110,641.96; and approved related action, as recommended by the Director of Public Works

56.   CONTINUED TO FEBRUARY 4, 2003 consideration to approve Contract Change Order No. 4 in the amount of $211,225 for the Brommer Street Improvements Seventh Avenue to Seventeenth Avenue; make necessary findings; and take related actions

57.   APPROVED contract amendment with Frey Environmental, Incorporated to extend the term of the contract to June 30, 2003 for the final environmental report preparation for the North Coast Beaches Project Phase I, Scott Creek Beach; and authorized the Director of Parks, Open Space & Cultural Services to sign the contract amendment on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

58.   ADOPTED RESOLUTION NO. 16-2003 approving changes to the local agency-state agreement for federal aid for the North Coast Beaches project, Scott Creek Beach to a total of $445,000; and authorized the Director of Parks, Open Space and Cultural Services to sign Program Supplement on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

59.   ACCEPTED AND FILED report on At Risk Housing Units and approved procedures for monitoring and preserving affordability of such units; with an additional direction that Redevelopment Agency staff provide the Board with a report as soon as they know that there is a request for termination

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the 2003 Annual Continuing Rental Agreement List, as recommended by the Redevelopment Agency Administrator

61.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED TO FEBRUARY 4, 2003 consideration to adopt resolution accepting unanticipated revenue totaling $241,787; approve use of funds for the Brommer Street Improvement Project; and related actions

62.   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.: Griffith v. County Utility Tax, Court of Appeal, Sixth Appellate District, Case No. H019505

Case Name/No.: John Talbot v. County of Santa Cruz, Santa Cruz County Superior Court No. CV 145181

Case Name/No.: In the Matter of the Application of California-American Water Company, Public Utilities Commission, Application No. 02-01-036

PERSONNEL SESSION: County Counsel

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

63.   Public hearing held on County Service Area No. 59, McGaffigan Mill Road formation and 2003/2004 Benefit Assessment (5th District);

(1) opened public hearing, considered public comments to the proposed County Service Area (CSA) No. 59, McGaffigan Mill road formation and 2003/2004 benefit assessment;

(2) requested submittal of ballots for CSA No. 59, McGaffigan Mill road 2003/2004 assessments;

(3) closed public hearing;

(4) ADOPTED RESOLUTION NO. 17-2003 Establishing CSA No. 59, McGaffigan Mill Road;

(5) and directed the Department of Public Works to count CSA No. 59, McGaffigan Mill Road assessment ballots and return to the Board with a tabulation and certification of the ballots on or before February 11, 2003
ABWCP

64.   CONTINUED TO FEBRUARY 11, 2003 consideration to adopt the Local Hiring of Apprenticeship Ordinance; with additional directions: (a) that the proposed ordinance be amended to include the following language: "If, in response to a written request, an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with this ordinance within 72 hours of such request (excluding Saturdays, Sundays, and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices for the remainder of the project"; (b) that staff send a notice to the non-union shops and Building Trades Council informing them that the ordinance is being considered by the Board on February 11,2003; (c) and include in the report back any comments on the proposed language that Mr. Bruno provided and whether there is any legal difficulty with this language being included
WCBAP

65.   CONSIDERED an update of the Compliance Review of the Contract between the Public Entities and the Santa Cruz Society for the Prevention of Cruelty to Animals (SPCA), and related actions;

(1) accepted and filed report;

(2) authorized the Auditor-Controller to work with County Counsel to obtain the SPCA's expeditious repayment of the amounts that are identified as past due fees and charges, and funds in excess of actual costs for the month of July 2002 ($228,089);

(3) referred the question of reimbursement of expenses incurred by the audit process to County Counsel ($35,280);

(4) and directed that this report be referred to County Counsel, City Attorneys, the County Administrative Officer and the City manager for recommendation of whether the costs determined to be questioned during the term of the contract with the Public Agencies should be disallowed by the Board of Supervisors and City Councils ($551,309); with an additional direction to report back on March 25, 2003 with the recommendations
BWCAP

66.   CONSIDERED recommendations for enhanced water resources protection and clean-up of groundwater contamination in Santa Cruz County;

(1) approved "in concept" the proposed enhanced program for oversight of soil and groundwater contamination and directed staff to return to the Board on April 29, 2003 with a detailed financial and implementation report;

(2) approved "in concept" the proposed ordinance amending Chapter 7.100, Hazardous materials and directed that it be brought back for approval after circulation to interested parties for review and comment;

(3) approved "in concept" the proposed ordinance amending Chapter 7.70, Water Wells and directed that it be brought back for approval as a Local Coastal Plan/General Plan amendment after circulation to interested parties for review and comment;

(4) and directed staff to provide a status report on enhanced water resource protection to the Board by January 27, 2004
CWBAP

67.   CONSIDERED Quarterly Status Report on Public Health Preparedness and Response to Bioterrorism and Other Public Health Emergencies;

(1) accepted and filed Quarterly Status Report on Public Health Preparedness and Response to Bioterrorism and Other Public Health Emergencies;

(2) directed Health Services Agency to return on or before April 29, 2003 with the second Quarterly Status Report;

(3)and directed Personnel to work with the Health Services Agency to add and classify positions

(4) with an additional direction that the Health Services Agency return with a status report on issue of adverse reactions to voluntary vaccination and whether this will be covered by the Workman's Compensation Plan or by the Federal Government
BCWAP

68.   CONTINUED TO FEBRUARY 25, 2003 report on the expansion of Mosquito and Vector Control CSA 53 and the costs of various options relative to the West Nile Virus; with an additional direction that staff return with an annotated schedule which includes the hiring of a consultant, the survey questions, and what steps will be taken to inform the four incorporated Cities
BCWAP

69.   CONSIDERED Ordinance amending Section 9.50.010 of the Santa Cruz County Code relating to vehicle length restrictions;

approved "in concept" ordinance amending Section 9.50.010 of the Santa Cruz County Code relating to vehicle length restriction; with an additional direction to return on February 4, 2002 for final adoption
BWCAP

70.   APPROVED appointment of Sue LaForge to the Workforce Investment Board, as an at-large representative of Title V of the Older Americans Grant Programs, in accordance with County Code Section 2.110.020, for a term to expire June 30, 2006
CBWAP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS