Santa Cruz County Board of Supervisors Minutes: 8/5/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 20
Tuesday, August 5, 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.		Supervisor Beautz absent Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions and Deletions to the Consent Agenda; Additional Items to No. 57 added as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case Name/No.: In the Matter of Jeffrey M. Young, CalPERS Case No. 5564 CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Director of Personnel Employee Organization: Health Care Professional Unit
4.		ORAL COMMUNICATIONS - two 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 June 17, 2003, June 24, 2003 and Budget minutes of June 16, 2003, June 18, 2003, June 19, 2003, June 20, 2003, June 23, 2003, and June 26, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 26, 2003 through July 30, 2003 and approved upon adoption of the 2003/2004 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 Sophia Holloway, No. 203-122, and referred to County Counsel

11.   REJECTED the claim of Bryon Thomas, No. 304-002, and referred to County Counsel

12.   DENIED the application to file a claim on behalf of Paragon Subrogation Services, No. 304-003, and referred to County Counsel

13.   ADOPTED ORDINANCE NO. 4729 Amending Chapter 2.106 of the Santa Cruz County Code Relating to the Santa Cruz Emergency Management Council

14.   ADOPTED ORDINANCE NO. 4730 Repealing and Reenacting Chapter 7.84 to the Santa Cruz County Code Relating to Security Alarm Systems

15.   ACCEPTED AND FILED preliminary report on 2003/2004 State Budget; directed the County Administrative Officer to return on or before September 9, 2003 with a further report and recommendations on the 2003/2004 State budget; and approved related actions, as recommended by the County Administrative Officer

16.   APPROVED plans and specifications for the Refrigeration Unit Replacement at 3650 Graham Hill Road project (Juvenile Hall); directed the General Services Department to advertise for bids; and set the bid opening on August 26, 2003 at 10:45 a.m., as recommended by the Director of General Services

17.   APPROVED plans and specifications for the Water Street Sidewalk Repair and Courthouse Rear Landing Slab Replacement project; directed the General Services Department to advertise for bids; and set the bid opening on August 26, 2003 at 10:45 a.m., as recommended by the Director of General Services

18.   DEFERRED approval of independent contractor agreement between the Personnel Department and Marie F. Sang to August 12, 2003, as recommended by the Personnel Director

19.   ACCEPTED AND FILED the Federal Annual Financial Certification Report for equitable sharing funds for the period of July 1, 2002 through June 30, 2003; authorized the Sheriff-Coroner and County Administrative Officer to sign and submit the report to the United States Department of Justice, as recommended by the Sheriff-Coroner

20.   APPROVED contract amendment with Lamberth Consulting for analyzing traffic stop data to extend the term to December 31, 2003 and defer the final report on the analysis of traffic stop data to November 18, 2003, as recommended by the Sheriff-Coroner

21.   APPROVED agreement between the State of California 14th District Agricultural Association and the Sheriff's Office in the amount of $11,800 for security services at the 2003 Santa Cruz County Fair and authorized the Sheriff-Coroner to sign the agreement on behalf of the County, as recommended by the Sheriff-Coroner

22.   ACCEPTED Treasurer's Monthly Cash Report and Transaction Report for the period ending June 30, 2003 and approved related action, as recommended by the Treasurer-Tax Collector

23.   ADOPTED RESOLUTION NO. 218-2003 supporting the Budget Accountability Act and directed the Chairperson to sign the official Endorsement form in support of the Budget Accountability Act, as recommended by Supervisor Wormhoudt

24.   ADOPTED RESOLUTION NO. 219-2003 in support of Assembly Bill 906, Assembly Bill 121, and Assembly Bill 471 to prohibit cruise ship pollution in the Monterey Bay National Marine Sanctuary, as recommended by Supervisor Wormhoudt

25.   ADOPTED RESOLUTION NO. 220-2003 supporting the passage of State Assembly Constitutional Amendment 14 and Senate Constitutional Amendment 11, and approved related actions, as recommended by Supervisor Campos

26.   APPROVED appointment of Sam L. Mann to the Pajaro Valley Public Cemetery District Board of Trustees for a term to expire December 1, 2005, as recommended by Supervisor Campos

27.   ADOPTED RESOLUTION NO. 221-2003 supporting the passage of Senate Bill 888, enacting the Repeal of the Electricity Deregulation Act of 2003, and approved related action, as recommended by Chairperson Pirie

28.   APPROVED appointment of Ellen Ortiz to the Child Care Planning Council, as a representative in Category 3, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

29.   ACCEPTED notification of at-large vacancy on the Managed Medical Care Commission, for a provider representative of a non-governmental community clinic, with nominations for appointment to be received on August 19, 2003, and final appointment to be made August 26, 2003, as recommended by Chairperson Pirie

30.   ACCEPTED notification of at-large vacancy on the Long Term Care Interagency Commission, for a representative 55 years of age and older, with nominations for appointment to be received on August 19, 2003, and final appointment to be made August 26, 2003, as recommended by Chairperson Pirie

31.   APPROVED appointment of Sonya Drottar to the Domestic Violence Commission, as the representative of Women's Crisis Support-Defensa de Mujeres, as recommended by Chairperson Pirie

32.   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

33.   ADOPTED RESOLUTION NO. 222-2003 authorizing the Health Services Agency to sign on-going state standard agreements included on the 2003/2004 Continuing Agreements List and approved related actions, as recommended by the Health Services Agency Director

34.   SEE ITEM NO. 57.1 REGULAR AGENDA

35.   AUTHORIZED issuance of ambulance operator's license to American Medical Response West for 2003/2004, as recommended by the Health Services Agency Director

36.   APPROVED Drug Court Partnership Grant Award amendment and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

37.   AUTHORIZED the Health Services Agency to submit a grant application to the First 5 Commission for $30,000 for alcohol and drug case management services; authorized the Health Services Agency Director to sign grant award agreement, if awarded; and authorized the Health Services Agency to submit an application to the Federal Center for Substance Abuse Treatment for $500,000 per year for up to three years for residential treatment services, as recommended by the Health Services Agency Director

38.   AUTHORIZED the Health Services Agency to submit a grant application to the Pajaro Valley Community Health Trust for an expanded Oral Health Project in the amount of $30,000, as recommended by the Health Services Agency Director

39.   ADOPTED RESOLUTION NO. 223-2003 accepting and appropriating $35,611 in Medical Marijuana Identification Card fee revenue to finance the Identification Card program, as recommended by the Health Services Agency Director

40.   ACCEPTED AND FILED Quarterly Status Report on public health disaster preparedness and directed the Health Services Agency to return on or before November 4, 2003 with the fourth Quarterly Status Report on All Hazards Public Health Preparedness and Response to Bioterrorism, as recommended by the Health Services Agency Director

41.   ADOPTED RESOLUTION NO. 224-2003 approving agreement No. FAPP-3067, in the amount of $777,534 with the California Department of Education for child development services for fiscal year 2003/2004; adopted RESOLUTION NO. 225-2003 approving agreement No. GAPP-3070, in the amount of $808,912 with the California Department of Education for child development services for fiscal year 2003/2004; adopted RESOLUTION NO. 226-2003 approving agreement No. G2AP-3065, in the amount of $74,741 with the California Department of Education for child development services for fiscal year 2003/2004; adopted RESOLUTION NO. 227-2003 approving agreement No. F2AP-3065, in the amount of $1,099,907 with the California Department of Education for child development services for fiscal year 2003/2004; adopted RESOLUTION NO. 228-2003 approving agreement No. F3TO-3066, in the amount of $557,366 with the California Department of Education for child development services for fiscal year 2003/2004; adopted RESOLUTION NO. 229-2003 approving agreement No. G3TO-3066, in the amount of $345,957 with the California Department of Education for child development services for fiscal year 2003/2004; adopted RESOLUTION NO. 230-2003 approving agreement No. F2AP-2065, in the amount of $1,180,340 with the California Department of Education for child development services for fiscal year 2003/2004 and authorized the Human Resources Agency Director to make subsequent minor changes when appropriate and necessary, as recommended by the Human Resources Agency Director

42.   SCHEDULED a public hearing on Tuesday, August 26, 2003, on the afternoon agenda, at 1:30 p.m. or thereafter to consider the proposal to amend the Open Space Easement Contract on Assessor's Parcel Number 080-142-15 to recognize an existing, legal single family dwelling and appurtenant structures and allow additions thereto and allow ancillary accessory structures normally associated with a single family dwelling; requires an Open Space Easement Contract Amendment; property is located on the east side of Pine Flat Road (at 2878 Pine Flat Road), approximately one mile west and south of Empire Grade, Bonny Doon, as recommended by the Planning Director

43.   ADOPTED RESOLUTION NO. 231-2003 regarding proposed amendment to County Code Section 13.10.685 regarding the conversion of transient occupancy recreational vehicle and travel trailer parks to permanent residency; adopted ORDINANCE NO.4731 amending County Code Section 13.10.685 regarding conversion of transient occupancy recreational vehicle and travel trailer parks to permanent residency; determined the proposed amendment is categorically exempt from further review under the California Environmental Quality Act and certified the Categorical Exemption, as recommended by the Planning Director

44.   CONTINUED TO AUGUST 12, 2003 consideration to accept and file report regarding the park site acquisition process and take related actions

45.   ADOPTED RESOLUTION NO. 232-2003 supporting Assembly Constitutional Amendment No. 10 (ACA 10), relating to funding for storm water management programs, and authorized the Chairperson of the Board of Supervisors to send a letter in support of ACA 10 to Assembly Member Tom Harman on behalf of the Board, as recommended by the Director of Public Works

46.   APPROVED Contract Change Order No. 8 in the amount of $16,670.60 for the Brommer Street Improvements, Seventh to Seventeenth Avenue; made findings that the improvements are of benefit to the project area; authorized the Chairperson of the Board to sign the order on behalf of the County; and approved related actions, as recommended by the Director of Public Works

47.   ACCEPTED low bid of Conley Construction in the amount of $102,200 for the Bonny Doon Road Storm Damage Repair; authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director Public Works

48.   APPROVED Federal Apportionment Exchange Program and State Match Program Agreement; adopted RESOLUTION NO. 233-2003 authorizing execution of agreement and accepting revenue for transportation projects in the amount of $324,813; authorized the Chairperson of the Board of Supervisors to sign the agreement; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

49.   ACCEPTED low bid of Cazador Engineering in the amount of $127,905 for the Highland Way Storm Damage Repair project; authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

50.   APPROVED specifications and engineer's estimate for the Huckleberry Woods-County Service Area (CSA) No. 15 Road Maintenance project; authorized calling for bids; set the bid opening on August 26, 2003 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 234-2003 accepting and appropriating unanticipated revenue in the amount of $121,084 from the California Department of Fish and Game for the Phase II, San Lorenzo River Road-Related Erosion Assessment and Prevention project; as recommended by the Director of Public Works

52.   APPROVED Contract Change Order No. 1 for the 2002/2003 Pavement Management Digout project in the amount of $32,000; authorized the Chairperson of the Board to sign the change order on behalf of the County; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

53.   APPROVED proposed Disadvantaged Business Enterprise participation goal for federal fiscal year 2003/2004 and authorized Public Works to submit the goal for a 45-day public review, as recommended by the Director of Public Works

54.   DIRECTED Public Works to complete selection of a consultant to assist with drafting a request for proposals for development of the Buena Vista Landfill Gas Power project and return with a consultant services agreement and proposed schedule for the request for proposal on or before September 16, 2003, as recommended by the Director of Public Works

55.   ACCEPTED low bid of Reber Construction Company, Incorporated in the amount of $509,928.14 for the China Grade, Road Repair - Storm Damage Repair project; authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED TO AUGUST 12, 2003 consideration to approve contract with Ripley-Scoggin LLP Architects for the preparation of construction documents and construction observations for the Live Oak Library Expansion project in an amount not to exceed $567,014 and related actions

56.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED TO AUGUST 12, 2003 consideration to approve financing for the construction of a portion of the 2003 Overlay Project and related actions

57.   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.: Aaron Copeland, Claim No. 5201045

Case Name/No.: In the Matter of Jeffrey M. Young, CalPers Case No. 5564

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Health Care Professional Unit

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

57.1.   ACCEPTED AND FILED four-month report on the Central Coast Alliance for Health and directed the Health Services Agency to return on September 23, 2003 with an update on the financial situation of the Central Coast Alliance for Health and approved related action, with additional directions to include the following information: (a) what is happening with the inter-governmental transfer (IGT) mechanism and potential bail outs, (b) where San Mateo County is in its effort to maintain its program, (c) what is happening in terms of lobbying efforts with local officials from our area and other areas, (d) directed the Board receive a complete report on where we are with our program;

(2) and directed the Chair of the Board to draft a letter to our elected representatives, as well as those in San Mateo County, urging them to find a way to keep the San Mateo County program intact
(1) WA/B/CP
(2) WC/B/AP

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY ADOPTED RESOLUTION NO. 235-2003 authorizing and directing the Notice of Sale of the Not-to-Exceed $50,000,000 Principal Amount Tax Allocation Bonds, approving Preliminary Official Statement and distribution of Preliminary Official Statement, authorizing execution and Delivery of Official Statement, an indenture of Trust, and authorizing the sales of bonds on certain terms and conditions, appointing bond counsel and a financing consultant, authorizing certain other official actions and providing for other matters properly relating thereto; and adopted RESOLUTION NO. 236-2003 approving that agreement entitled "An Agreement between the County of Santa Cruz and the County of Santa Cruz Redevelopment Agency Relating to Reimbursements of Tax Allocation Subordinated to County of Santa Cruz Redevelopment Agency 2003 Tax Allocation Refunding Bonds" (Live Oak/Soquel Community Improvement Project Area)
CA/B/WP

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY PUBLIC FINANCE AUTHORITY, ADOPTED RESOLUTION NO. 237-2003 of the Santa Cruz County Public Financing Authority authorizing and directing the Notice of Sale of Not-to-Exceed $50,000,000 Principal Amount Tax Allocation Bonds, authorizing execution and delivery of Escrow Deposit and Trust Agreement, and authorizing the sale of bonds on certain terms and conditions, appointing bond counsel and financing consultant, authorizing certain other official actions and providing for other matters properly relating thereto
CA/B/WP

60.   ADOPTED RESOLUTION NO. 238-2003 amending Resolution No. 330-87 and approving that agreement entitled "An Agreement Between the County of Santa Cruz and the County of Santa Cruz Redevelopment Agency Relating to Reimbursement of Monies Subordinated to the County of Santa Cruz Redevelopment Agency 2003 Tax Allocation Refunding Bonds (Live Oak/Soquel Community Improvement Project Area) and adopted RESOLUTION NO. 239-2003 approving the issuance of the County of Santa Cruz Redevelopment Agency 2003 Tax Allocation Refunding Bonds (Live Oak/Soquel Community Improvement Project Area)
CA/B/WP

61.   CONSIDERED amendments to Chapter 7.59 of the Santa Cruz County Code changing the scope of health plan services that may be provided by the Central Coast Alliance for Health;

approved "in concept" ordinance amending Subsection C of Section 7.59.020 of Chapter 7.59 of the Santa Cruz County Code relating to the purpose of the Santa Cruz-Monterey Managed Medical Care Commission to return on August 12, 2003 for final adoption
WA/B/CP

62.   Public hearing held to consider Application No. 02-0001, the proposal to rezone Assessor's Parcel Number 106-171-07 from the Special Use (SU) zone district to the Timber Production (TP) zone district; requires a rezoning; the property is located on the north side of Skid Road, about 4,000 feet east from Eureka Canyon Road, Watsonville; Applicant: Thomas and Mary Ann Legan; Owner: Thomas and Mary Ann Legan;

(1) closed public hearing;

(2) approved the determination that the project is statutorily exempt from the California Environmental Quality Act;

(3) adopted ORDINANCE NO. 4732 amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Number 106-171-07 from the Special Use (SU) zone district to the Timber Production (TP) zone district; and

(4) directed the Planning Department to update the General Plan Timber Resources Map to include the entire area within the boundaries of Assessor's Parcel Number 106-171-07 as Timber Resources
AC/B/WP

63.   Public hearing held to consider Application No. 99-0687, the proposal to rezone Assessor's Parcel No. 099-011-14 from the Agriculture (A) zone district to the Timber Production (TP) zone district; requires a Rezoning; the property is located at the end of Nicasio Way about three quarters of a mile north from the intersection of Laurel Glen Road; Applicant Bill Franzosa; Owner: Bill Franzosa;

(1) closed public hearing;

(2) approved the determination that the project is statutorily exempt from the California Environmental Quality Act; executed the Agreement between the County of Santa Cruz and the property owner, Bill Franzosa;

(3) adopted ORDINANCE NO. 4733 amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Number 099-011-14 from the Agriculture (A) zone district to the Timber Production (TP) zone district;

(4) directed the Planning Department to execute and record the Declaration of Restrictions on the property deed; and

(5) directed the Planning Department to update the General Plan Timber Resources Map to include the entire area within the boundaries of Assessor's Parcel Number 099-011-14 as Timber Resources
AC/B/WP

64.   Public hearing held on proposed 2003/2004 service charge reports for County Service Area (CSA) No. 11 - Parks Debt Service;

(1) opened the public hearing, to hear objections, to the proposed 2003/2004 service charge report for County Service Area (CSA) #11 - Parks Debt Service;

(2) closed public hearing and adopted RESOLUTION NO. 240-2003 confirming the service charge for CSA #11 - Parks Debt Service
WC/B/AP

65.   Public hearing held to consider fiscal year 2003/2004 Assessment Report for County Service Area No. 9E - Streetscape Maintenance;

(1) closed public hearing; and

(2) adopted RESOLUTION NO. 241-2003 confirming the Assessment Report for the 2003-2004 fiscal year for County Service Area No. 9E, Streetscape Maintenance
WC/B/AP

66.   CONSIDERED adoption of the Purchasing Policy manual and considered ordinance amendment to the Santa Cruz County Code Section 2.37.040;

(1) adopted the Purchasing Policy Manual; and

(2) approved "in concept" proposed amendment to County Code Section 2.37.040 to return on August 12, 2003 for final adoption
WA/B/CP

67.   RECEIVED bids regarding Mattison Lane Curb, Gutter and Sidewalk Improvement Project and referred to the Department of Public Works to return on or before August 26, 2003 with recommendation on awarding of bid
AW/B/(C)P Supervsior Campos abstained because he owns stock in Granite Construction

68.   RECEIVED bids regarding Sidewalk Infill - 2003, Merrill Street, Paul Minnie Avenue, and Thirtieth Avenue and referred to Public Works to return on or before August 19, 2003 with recommendation on awarding of bid
WA/B/(C)P Supervisor Campos abstained because he owns stock in Granite Construction

69.   RECEIVED bids regarding 2002/2003 Pavement Management Sealcoat Project and referred to Public Works to return on or before August 12, 2003 with recommendation on awarding of bid
AW/B/CP

70.   RECEIVED bids regarding 2003 Overlay Project and referred to Public Works to return on or before August 12, 2003 with recommendation on awarding of bid
AW/B/(C)P Supervisor Campos abstained because he owns stock in Granite Construction

WRITTEN CORRESPONDENCE LISTING: The Written Correspondence Listing is established to act as a report of materials received by the Board as a whole but may also include items requested for inclusion by individual Supervisors. Upon completion of any actions deemed necessary (i.e. acknowledgment, referral, etc.), these items are included in the Written Correspondence Listing under the appropriate heading. While these items are not part of the official record of meetings of the Board of Supervisors, they will be maintained by the Clerk of the Board for a period of two years, after which time they may be destroyed after the County's Historic Resources Commission has been provided an opportunity for review.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS