Santa Cruz County Board of Supervisors Minutes: 6/3/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 16
Tuesday, June 3, 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.		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; Item No. 41, ADDED, 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; and CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: Director of Personnel, Employee Organization: Unrepresented Employees
4.		ORAL COMMUNICATIONS - nine people addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 20, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of May 15, 2003 through May 28, 2003 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.   ACCEPTED AND FILED Volume II, Departmental Line Item Budget Detail for the 2003/2004 Proposed Budget, as recommended by the County Administrative Officer

11.   ADOPTED RESOLUTION NO. 145-2003 extending Budget Hearings to eleven calendar days; adopted the schedule for the 2003/2004 Budget Hearings; and directed the Clerk of the Board to provide the required public notice, as recommended by the County Administrative Officer

12.   APPROVED request of Thomas Wallraff for attorney fees in the Special Circumstances case of People v. Rivera, at a rate of $95 per hour, as recommended by the County Administrative Officer

13.   ADOPTED recommendation of the Mobilehome Commission increasing the hours of legal representation provided by Senior Citizens Legal Services for various rent adjustment proceedings and directed County Counsel to execute an amendment to the agreement with Senior Citizens Legal Services, as recommended County Counsel
WABC(P) (Chairperson Pirie abstained, husband employed by Senior Citizens Legal Services)

14.   APPROVED recommendations of the Anti-Terrorism Authority for the Federal 2003 Domestic Preparedness Program grant allocations and authorized the Emergency Services Administrator to submit the application on behalf of the Santa Cruz County Operational Area, as recommended by the Emergency Services Administrator

15.   AUTHORIZED the Emergency Services Administrator to submit the Federal 2002 Domestic Preparedness Program grant application, as recommended by the Emergency Services Administrator

16.   AUTHORIZED the Chief Probation Officer to submit an application in the amount of $94,131 to the Office of Criminal Justice Planning for the Year 2003 Juvenile Accountability and Incentive Block Grant, as recommended by the Chief Probation Officer

17.   APPROVED submittal of grant application in the amount of $77,738 to the United States Department of Justice for overtime associated with the Sheriff's Bomb Squad and authorized the County Administrative Officer and the Sheriff-Coroner to sign the application, as recommended by the Sheriff-Coroner

18.   ADOPTED RESOLUTION NO. 146-2003 increasing the penalty assessment fee to $15 for failure to appear in court or failure to pay a fine and directed that this fee increase be included in the Courts bail schedule, as recommended by the Sheriff-Coroner

19.   APPROVED appointment of M'Liss Keesling to the Equal Employment Opportunity Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

20.   ADOPTED RESOLUTION NO. 147-2003 urging support for the Midpeninsula Regional Open Space District's Annexation Application to the San Mateo County Local Agency Formation Commission, as recommended by Supervisor Wormhoudt

21.   APPROVED appointment of Robert R. Stokes to the Energy Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

22.   ACCEPTED AND FILED report on the need to continue the state of local emergency relative to the transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

23.   DEFERRED report on contract with AMR West for Ambulance services to June 10, 2003, as recommended by the Health Services Agency Director

24.   APPROVED agreement with Axolotl Corporation for software subscription licenses to Axolotl-Elysium clinical messaging system and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

25.   ADOPTED RESOLUTION NO. 148-2003 authorizing execution of Amendment 02 to Agreement F2AP-2065 with the California Department of Education for $1,115,340; adopted RESOLUTION NO. 149-2003 authorizing execution of Amendment 01 to Agreement G2AP-2065 with the California Department of Education for $201,510; adopted RESOLUTION NO. 150-2003 authorizing execution of Amendment 01 to Agreement F3TO-2066 with the California Department of Education for $665,403; adopted RESOLUTION NO. 151-2003 authorizing execution of Agreement G3TO-2006 with the California Department of Education for $392,570 and authorized the Human Resources Agency Director to sign the agreements and to make subsequent minor changes thereto when appropriate and necessary, as recommended by the Human Resources Agency Director

26.   AUTHORIZED the Human Resources Agency Director to sign the contract with Home Base for preparation of the 2003 HUD Homeless Assistance funding application; authorized the Human Resources Agency Director to sign an amended Memorandum of Understanding with the City of Santa Cruz for cost sharing of this project; and directed the Human Resources Agency Director to return on or before June 24, 2003, with recommendations regarding selected projects to be included in the 2003 HUD Homeless Assistance funding application, as recommended by the Human Resources Agency Director

27.   ADOPTED RESOLUTION NO. 152-2003 authorizing the Multi-purpose Senior Services Program for July 1, 2003 through June 30, 2004; authorized the Human Resources Agency Director to sign the contract with the California Department of Aging in the amount of $664,424 for fiscal year 2003/2004; and directed the Human Resources Agency Director to report back after the State budget is approved to recommend any necessary program funding modifications, as recommended by the Human Resources Agency Director

28.   DEFERRED report back on the In-Home Supportive Services transition plan for contract consumers in fiscal year 2003/2004 to June 10, 2003; with an additional direction that staff report back on June 24, 2003 on the issue of insurance coverage for employees transitioning from Addus to County employment

29.   DEFERRED report on the General Assistance Program until June 10, 2003, as recommended by the Human Resources Agency Director

30.   SCHEDULED a public hearing on Tuesday, June 24, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the Planning Commission's recommendations regarding County Code amendments to implement Assembly Bill 1866, Second Units, as recommended by the Planning Director

30.1.   ADOPTED RESOLUTION NO. 153-2003 for the Summary Vacation of the County's interest in a lane located between Lots 21 and 22 of Block 7 of the Zayante Lakes Subdivision No. 2; and take related action, as recommended by the Planning Director

31.   CONTINUED TO JUNE 10, 2003 consideration to accept and file report on draft earlier notifications guidelines and draft amendments to Chapter 18.10 about earlier notification for projects requiring public hearing at Levels V, VI, and VII; and take related action

32.   APPROVED plans, specifications and engineer's estimate for the Brommer Street Improvements Phase II, Seventeenth Avenue to Thompson Avenue; authorized calling for bids; set the bid opening on June 24, 2003 at 10:45 a.m.; and directed the Clerk of the Board to approved related action, as recommended by the Director of Public Works

33.   ACCEPTED improvements for the Larkspur Street Bridge, Either Way Bridge, Erwin Way Bridge Seismic Retrofit project; approved final cost in the amount of $184,920; and approved related action, as recommended by the Director of Public Works

34.   AUTHORIZED the rejection of proposals submitted for the Roy Wilson Maintenance Yard Groundwater Monitoring, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 154-2003 accepting and appropriating unanticipated revenue in the amount of $1,300 for County Service Area (CSA) No. 22, Kelly Hill, (5th District), as recommended by the Director of Public Works

36.   APPROVED Memorandum of Understanding dated May 21, 2003, between the State of California and the County of Santa Cruz for the maintenance responsibilities of the Ben Lomond Highway 9 Safety and Streetscape project, and authorized the Director of Public Works to sign the Memorandum of Understanding on behalf of the County, as recommended by the Director of Public Works

37.   SEE ITEM NO. 56.1 REGULAR AGENDA

38.   ACCEPTED AND FILED report on the Harkins Slough Road Bridge project; approved amendment to the agreement with Mark Thomas and Company, Incorporated increasing the contract by $29,490.35 for a not-to-exceed amount of $556,667.84; authorized the Director of Public Works to sign the amendment to agreement on behalf of the County; approved amendment to revenue agreement with Pajaro Valley Unified School District for an additional $13,979.60 for a new total of $93,071.59; authorized the Director of Public Works to sign amendment to revenue agreement on behalf of the County; and directed Public Works to return to the Board on or before November 25, 2003, with a report on the status of the project, as recommended by the Director of Public Works

39.   ACCEPTED the grant in the amount of $7,000 from the Community Foundation, to be used for program start-up costs for the Quail Hollow Ranch Summer Camp, which begins July 1, 2003, as recommended by the Director of Parks, Open Space and Cultural Services

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, approved award of $300 for prizes for the County of Santa Cruz Annual Water Awareness Month Competition to be distributed for first, second and third place prizes, as recommended by the District Engineer

41.   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.: County of Santa Cruz v. E.A. Hathaway and Company, et al. San Mateo Superior Court Case No. 415538

PERSONNEL SESSION: County Counsel

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: Director of Personnel

Employee Organization: Unrepresented Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

42.   Public hearing held on proposed 2003/2004 service charge reports for County Service Area (CSA) No. 7, Boulder Creek, and CSA No. 20, Trestle Beach;

(1) opened public hearing, to hear objections, to the proposed 2003/2004 service charge report for CSA No. 7, Boulder Creek and CSA No. 20, Trestle Beach;

(2) closed public hearing; and

(3) adopted RESOLUTION NO. 155-2003 confirming the service charge report for CSA No. 7, Boulder Creek and CSA No. 20, Trestle Beach
AWBCP

43.   Public hearing held on proposed 2003/2004 benefit assessment/service charge report for County Service Area (CSA) No. 57, Graham Hill Drainage and Sanitation;

(1) opened public hearing, to hear objections, to the proposed 2003/2004 benefit assessment/service charge report for CSA No. 57, Graham Hill, Drainage and Sanitation;

(2) closed public hearing and adopted RESOLUTION NO. 156-2003 confirming the benefit assessment/service charge report for CSA No. 57, Graham Hill, Drainage and Sanitation
AWBCP

44.   Public hearing held on proposed 2003/2004 service charge report for County Service Area (CSA) No. 2, Place De Mer; CSA No. 5, Sand Dollar Beach and Canon Del Sol; and CSA No. 10, Rolling Woods;

(1) opened public hearing, to hear objections, to the proposed 2003/2004 service charge report for CSA No. 2, Place DeMer; CSA No. 5, Sand Dollar Beach and Canon Del Sol and CSA No. 10, Rolling Woods;

(2) closed public hearing; and

(3) adopted RESOLUTION NO. 157-2003 confirming the service charge report for CSA No. 2, Place De Mer; CSA No. 5, Sand Dollar Beach and Cannon Del Sol; and CSA No. 10, Rolling Woods
ACBWP

45.   Public hearing held on proposed 2003/2004 benefit assessment/service charge reports for various County Service Areas;

(1) opened public hearing, to hear objections, to the proposed 2003/2004 benefit assessment/service charge reports for various County Service Areas;

(2) adopted RESOLUTION NO. 158-2003 establishing benefit assessments for County Service Area No. 54, Summit West;

(3) closed public hearing and adopted RESOLUTION NO. 159-2003 confirming the benefit assessment/service charge reports for various County Service Areas
AWBCP

46.   Public hearing held on 2003/2004 Freedom County Sanitation District sewer service charge report;

(1) opened public hearing, to hear objections, to the sewer charge report for the Freedom County Sanitation District;

(2) closed public hearing and adopted RESOLUTION NO. 160-2003 confirming the 2003/2004 sewer charge report for the Freedom County Sanitation District
CABWP

47.   Public hearing held on 2003/2004 Davenport County Sanitation District sewer service charge report;

(1) opened public hearing, to hear objections, to the 2003/2004 Sewer and Water Service Charge Report for Davenport County Sanitation District;

(2) closed public hearing, and adopted RESOLUTION NO. 161-2003 confirming the 2003/2004 Sewer and Water Service Charge Report for Davenport County Sanitation District
WCBAP

48.   APPROVED appointment of Al Haynes to the Water Advisory Commission, as an at-large representative of public water purveyors, in accordance with Santa Cruz County Code Section 2.96.030, for a term to expire April 1, 2007
ACBWP

49.   CONSIDERED report on Code Compliance, including a proposed ordinance amending Chapter 12.01.070;

(1) accepted and filed report;

(2) directed the Planning Department to include an item in next year's work program to review the standards for minor structures associated with residential uses; with an additional direction that staff return with a definition of what is meant by "minor" in the provisions of the amendment to the building permit regulations and with some policy regarding initiation of complaints and the requirements for written communication to initiate compliance investigations; and

(3) approved "in concept" ordinance amending County Code Chapter 12.01.070 to return on June 10, 2003 for final adoption
AWBCP

50.   CONSIDERED Draft Housing Element and related actions;

(1) accepted and filed report on the Draft Housing Element; with an additional direction the Board receive a timeline on the public review and approval process and an additional suggestion staff add an additional page which speaks to the constraints with regard to the water and septic issues;

(2) directed staff to submit a copy of the Draft Housing Element to the California Department of Housing and Community Development (HCD) for preliminary review;

(3) directed staff to conduct the public participation process including public hearings before the Housing Advisory Commission and the Planning Commission; and

(4) directed the Clerk of the Board to schedule a public hearing on October 21, 2003 to consider the recommendations of the Commissions on the Draft Housing Element and to consider adoption of the Housing Element
CWBAP

51.   CONSIDERED report and resolution to initiate the Public Agency Retirement System (PARS) Early Retirement Program;

accepted and filed report on Public Agency Retirement System (PARS) and directed the Personnel Department to return on June 10, 2003 with recommendations regarding the Public Agency Retirement Systems (PARS) separation incentive plan
WBCAP

52.   CONSIDERED Quarterly Report for the Planning Department;

accepted and filed the first quarterly report for the Planning Department; with additional directions for a report back on June 26, 2003, on the cost and obstacles involved in creating a panel of Zoning Administrators to process cases on a rotational basis, and include in the next quarterly report an update on placing zoning and planning documents on the website
AWBCP

53.   CONSIDERED Ordinance amending Chapter 9 of the Santa Cruz County Code relating to multi-way stop intersections;

approved "in concept" ordinance amending Chapter 9 of the Santa Cruz County Code relating to multi-way stop intersections to return on June 10, 2003 for final adoption
ACBWP

54.   RECEIVED bids regarding Sudden Oak Death Hazardous Tree Removal Project and referred to the Department of Public Works to return on or before June 10, 2003 with a recommendation on awarding of bid
BAWCP

55.   RECEIVED bids regarding 2002/2003 Pavement Management Digout Project, Phase II and referred to the Department of Public Works to return on or before June 10, 2003 with a recommendation on awarding of bid
AWB(C)P

56.   RECEIVED bids regarding the Ben Lomond Transfer Station Loading Pit and Metallic Concrete Floor Repair and referred to the Department of Public Works to return on or before June 17, 2003 with a recommendation on awarding of bid
WCBAP

56.1.   ACCEPTED AND FILED report regarding State Water Resources Control Board Pesticide Research and Identification of Source and Mitigation (PRISM) grant; approved grant submittal to the California Department of Fish and Game for $215,760 to provide funding for engineering services for watershed restoration projects; and directed Public Works to proceed with the two conceptual grant proposals, and if approved, submit grant applications to the Coastal Non-Point Source Pollution Control Program for construction of watershed restoration projects and establishment of a vegetation management program to reduce herbicide applications on roadways and levees, as recommended by the Director of Public Works
ACBWP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS