Santa Cruz County Board of Supervisors Minutes: 8/12/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 21
Tuesday, August 12, 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-EXISTING LITIGATION Case, Claim Name/No.: Charlene Debert, Gary Figgins and Herbert Silverman v. County of Santa Cruz Planning Department Santa Cruz Superior Court No. 145820
4.		ORAL COMMUNICATIONS - one person addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of July 31, 2003 through August 6, 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.   ADOPTED ORDINANCE NO. 4734 Amending Subsection C. of Section 7.59.020 of Chapter 7.59 to the Santa Cruz County Code Relating to the Purpose of the Santa Cruz-Monterey Managed Medical Care Commission

11.   ADOPTED ORDINANCE NO. 4735 Amending Section 2.37.040 to the Santa Cruz County Code Relating to Purchasing Procedures

12.   SEE ITEM NO. 43.3 REGULAR AGENDA

13.   APPROVED contract with Appleby and Company, Incorporated in the amount of $89,900 to develop a program to track and process various exemptions and approved related actions, as recommended by the County Assessor

14.   ACCEPTED AND FILED Statement of Assets in the County Treasury on June 30, 2003, as recommended by the Auditor-Controller

15.   ADOPTED RESOLUTION NO. 242-2003 fixing and levying the 2003/2004 tax rates, pursuant to the State Constitution, as recommended by the Auditor-Controller

16.   DEFERRED a report on electronic voting to November 18, 2003, as recommended by the County Clerk-Recorder

17.   ACCEPTED AND FILED report on the status of layoffs and the Equal Employment Opportunities (EEO) implications, including actual layoffs, as recommended by the Personnel Director

18.   APPROVED independent contractor agreement with the law firm of Marie F. Sang, Esquire, as recommended by the Personnel Director

19.   AUTHORIZED the Personnel Director to accept the life, vision and dental renewals with ING, Vision Service Plan (VSP) and Private Medical Care, Incorporated (PMI) through September 2004, as recommended by the Personnel Director

20.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending June 30, 2003, as recommended by the Treasurer-Tax Collector

21.   CONFIRMED Bob Shepherd and Terry McHenry as members of the Treasury Oversight Commission for four-year terms ending March 2007, as recommended by the Treasurer-Tax Collector

22.   APPROVED appointment of Laura Segura Gallardo to the Child Care Planning Council, as a Community Representative (Category 4), for a term to expire April 1, 2007, as recommended by Supervisor Campos

23.   APPROVED appointment of Gail Stevens to the Seniors Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

24.   DEFERRED full report on Criminal Justice impacts on Emergency Rooms to September 9, 2003, as recommended by the Health Services Agency Director

25.   ACCEPTED AND FILED report on Detention Medical Staffing and directed the Health Services Agency to report back to the Board with further recommendations, if appropriate, as recommended by the Health Services Agency Director

26.   ACCEPTED AND FILED report on Senate Bill 921 single payer health plans; directed the Health Services Agency to continue to monitor legislation and regulatory efforts in this area; and report back to the Board with further recommendations, if appropriate, as recommended by the Health Services Agency Director

27.   SEE ITEM NO. 43.1 REGULAR AGENDA

28.   SCHEDULED a public hearing on September 9, 2003, on the morning agenda at 9:00 a.m. or thereafter, to consider the Coastal Commission's modifications to the Wireless Communications Facilities Ordinance, as recommended by the Planning Director

29.   CONTINUED TO AUGUST 26, 2003 consideration of report on proposed ordinance amendments to Volume II of the Santa Cruz County Code

30.   ACCEPTED low bid from California Pavement Maintenance Company in the amount of $402,506.30 for the 2002/2003 Pavement Management Sealcoat project; authorized award of contract; authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

31.   ACCEPTED low bid of Pavex Construction in the amount of $383,200 for the 2003 Overlay Project; authorized the 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

32.   ACCEPTED AND FILED report on the status of the County's ability to maintain and operate the wastewater collection treatment facilities for County Service Area No. 7 and directed the Department of Public Works to return on or before October 7, 2003 with another report on the status of wastewater operations for County Service Area No. 7, as recommended by the Director of Public Works

33.   APPROVED Contract Change Order No. 2 in the amount of $45,000 for the Hutchinson Road, County Service Area (CSA) No. 13, Slipout Repair Project (5th District); authorized the Chairperson of the Board to sign Contract 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

34.   ACCEPTED improvement for the Soquel-San Jose Road Storm Damage Repair project; approved final cost in the amount of $164,243.55; and approved related action, as recommended by the Director of Public Works

35.   APPROVED amendment to agreement with Ecology Action of Santa Cruz for solid waste public information services in the not-to-exceed amount of $99,000 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

36.   APPROVED amendment to agreement with Karin Grobe to establish the not-to-exceed amount of $80,000 for solid waste consulting services and to extend the term of the agreement 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

37.   APPROVED amendment to agreement with Kittleson Environmental Consulting to revise the compensation to a not-to-exceed amount of $50,000 per fiscal year and increase the hourly rate for fish and wildlife biological services for various public works projects, and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

38.   ADOPTED RESOLUTION NO. 243-2003 authorizing the filing of an application for $300,000 in funding to the Coastal Conservancy for improvements associated with the County's placement of the 26th Avenue Beach Access Stairway and approved related action, as recommended by the Director of Parks, Open Space and Cultural Services

39.   SEE ITEM NO. 43.2 REGULAR AGENDA

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing for the construction of a portion of the 2003 Overlay Project in the amount of $213,195 and approved related actions, as recommended by the Redevelopment Agency Administrator

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, Claim Name/No.: Willowbrook Village Homeowner's Association, et al. v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV 146110

Case, Claim Name/No.: Charlene Debert, Gary Figgins and Herbert Silverman v. County of Santa Cruz Planning Department, Santa Cruz Superior Court No. 145820

Case, Claim Name/No.: State Farm Insurance (Hanna Madland), Claim N. 203-126

REPORT OF COUNTY COUNSEL - (1) The Board of Supervisors approved settlement in Claim No. 203-126, State Farm Insurance (Hanna Madland) in the amount of $6,367.65;

(2) The Board of Supervisors approved settlement agreement in the matter of Willowbrook Village Homeowner's Association, et al. v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV 146110, the settlement agreement will be provided to anyone upon request;

(3) In the matter of Charlene Debert, Gary Figgins and Herbert Silverman v. County of Santa Cruz Planning Department, Santa Cruz Superior Court No. CV 145820, the Board of Supervisors declined to take an appeal from the Superior Court decision in that matter
(1) BPW/C/A
(2) BPWCA
(3) BPWCA

REGULAR AGENDA

41.1.   ADOPTED RESOLUTION NO. 244-2003 in support of Senate Bill 60, which would allow applicants who do not possess a social security number but meet other identification requirements to obtain a driver's license, as recommended by Supervisors Campos and Wormhoudt
WCBAP

42.   CONTINUED TO OCTOBER 28, 2003 public hearing to consider recommendation of the Planning Commission to amend County Code Chapter 16.50 to incorporate elements of a model right-to-farm ordinance into the existing Agricultural Land Preservation and Protection ordinance
WCBAP

43.   CONSIDERED proposed ordinance amending Section 4.50.010 of the Santa Cruz County Code granting the Assessor authority to cancel taxes and/or escape assessments where the assessment is $50 or less, pursuant to California Tax and Revenue Code 531.9;

approved "in concept" ordinance amending Section 4.50.010 of the Santa Cruz County Code granting the Assessor authority to cancel taxes and/or escape assessments where the assessment is $50 or less, pursuant to California Tax and Revenue Code 531.9 to return on August 19, 2003 for final adoption
CBWAP (second inaudible)

43.1.   CONTINUED TO SEPTEMBER 23, 2003 consideration of report regarding the park site acquisition process; including a report back on the following issues: (a) definition for "application", (b) process for a deed designation, (c) address issue of how to design the use of a future park property and the impact of an adjacent development
BWCAP

43.2.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract with Ripley-Scoggin LLP Architect in an amount not-to-exceed $567,014 for the preparation of construction documents and construction observations for the Live Oak Library Expansion project and approved related actions; with an additional direction to staff to attempt to negotiate a reduction of the 30 days in the Early Termination provision to 10 days
BAWCP

43.3.   ADOPTED RESOLUTION NO. 245-2003 accepting and appropriating unanticipated revenue in the amount of $5,577 into the Agricultural Commissioner Budget to be used for expenses related to Weed Management activities, as recommended by the Agricultural Commissioner
CABWP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS