Santa Cruz County Board of Supervisors Minutes: 8/26/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 23
Tuesday, August 26, 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; Item 45, added, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property street address (APN if no street address): APN 14-071-35 and APN 14-071-33, Negotiating parties (not agents): Scott Loichinger, Public Works, and Tom Burns, Redevelopment Agency
4.		ORAL COMMUNICATIONS - thirteen 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 August 12, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 14, 2003 through August 20, 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.   CONTINUED the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services to September 23, 2003, as recommended by the County Administrative Officer

11.   ACCEPTED AND FILED report on the Monterey Bay National Marine Sanctuary Scenic Trail; approved final design for Santa Cruz (Wilder Ranch to Seacliff Beach); and approved related actions, as recommended by the County Administrative Officer

12.   ACCEPTED AND FILED report on the Watsonville Court facility, conceptually approved changes to the Memorandum of Understanding (MOU) with the City of Watsonville; and directed the County Administrative Officer to return on or before October 28, 2003 with a revised Memorandum of Understanding (MOU) between the City of Watsonville and the County incorporating these changes, as recommended by the County Administrative Officer

13.   SCHEDULED a public hearing on September 23, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider allocation of federal funds from the Bureau of Justice Assistance (BJA) and the State Supplemental Law Enforcement Funds (SLESF), as recommended by the County Administrative Officer

14.   ACCEPTED recommendation of the Mobilehome Commission that the reasonable rate of return for qualified mobile home park capital improvements remain at twelve percent (12%), as recommended by County Counsel

15.   ADOPTED ORDINANCE NO. 4737 amending Sections 13.10.322(b), 13.10.323(e)(6), and 13.10.700-D of the Santa Cruz County Code regarding Accessory Structures and ratified Board actions taken on April 1, 2003, regarding the amendments, including the minor revisions contained in revised agenda packet pages 45 and 54, as recommended by County Counsel

16.   APPROVED contract in an amount not-to-exceed $25,000 with Nelson, Perlov and Lee, LLP for litigation consulting services , as recommended by County Counsel

17.   ADOPTED RESOLUTION NO. 251-2003 authorizing the District Attorney to reapply to the State Department of Insurance to use $118,013 of funding in fiscal year 2003/2004 for the Worker's Compensation Insurance Fraud program, as recommended by the District Attorney

18.   ADOPTED RESOLUTION NO. 252-2003 authorizing the District Attorney's Office to reapply to the Department of Justice for the Spousal Abuser Prosecution Program grant in the amount of $39,913 through fiscal year 2003/2004, and waived the requirement for the recovery of indirect costs, pursuant to County Procedure Section 900A.3, as recommended by the District Attorney

19.   ADOPTED RESOLUTION NO. 253-2003 accepting and appropriating $210,000 in unanticipated revenue from the Federal Flood Mitigation Assistance Grant Program and approved related actions, as recommended by the Emergency Services Administrator

20.   ADOPTED RESOLUTION NO. 254-2003 accepting and appropriating $213,389 in State Domestic Preparedness grant funds into the Emergency Services, Sheriff and Emergency Medical Services budgets; approved associated fixed assets; and approved related actions, as recommended by the Emergency Services Administrator

21.   ACCEPTED the windows portion of the 1400 Emeline Remediation project as completed; approved additional costs associated with the contract change order in the amount of $38,271.88 and authorized the General Services Director to sign the change order; approved the final cost of $217,791.88; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

22.   APPROVED contract with CMS Communications in an amount not-to-exceed $100,000 for telephone system reconfiguration and expansion for fiscal year 2003/2004, and authorized the Information Services Director to sign the agreement, as recommended by the Information Services Director

23.   DEFERRED report on Sheriff's inmate programs to September 23, 2003, as recommended by the Sheriff-Coroner

24.   APPROVED contract amendment to extend the term of the agreement to December 31, 2003 with William Doolittle and Associates, Incorporated for professional assistance with the implementation of the replacement countywide message switch system, as recommended by the Sheriff-Coroner

25.   APPROVED gross pay adjustment in the amount of $1,502.42 for a Sheriff's Office employee, as recommended by the Sheriff-Coroner

26.   ACCEPTED Treasurer's Monthly Cash Report and Transaction Report for the period ending July 31, 2003, and approved related action, as recommended by the Treasurer-Tax Collector

27.   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

28.   APPROVED standard amendment to Community Programs contracts for fiscal years 2003 through 2005; authorized the Human Resources Agency Director to execute the amendments for each of the Community Program contracts; and authorized the Human Resources Agency Director to sign the contract amendment with the Santa Cruz Community Counseling Center, Incorporated for continued substance abuse prevention and treatment services in South County, as recommended by the Human Resources Agency Director

29.   ACCEPTED AND FILED report on Pajaro Valley Vocational Training Center Application Matching Funds, as recommended by the Human Resources Agency Director

30.   AUTHORIZED the Human Resources Agency Director to sign a contract with Panoramic Software, Incorporated in the amount of $54,000 for the Public Guardian Program and $9,000 for the Veterans Program software maintenance, as recommended by the Human Resources Agency Director

31.   APPROVED revised budget and rate request for the In-Home Supportive Service (IHSS) Public Authority at $11.42 per hour of IHSS services; authorized the Human Resources Agency to submit the rate change request to the State of California for approval; approved the purchase of an automated call system as a fixed asset and transfer $5,500 to fixed assets for this purpose; approved a three-year contract in the total amount of $25,500 with Refined Technology, Incorporated, retroactive to July 1, 2003; and authorized the Human Resources Agency Director to sign the contract on behalf of the IHSS Public Authority, as recommended by the Human Resources Agency Director

32.   APPROVED agreement with the University of California Davis in the amount of $133,500 for staff development training and authorized the Human Resources Agency Director to sign the agreement, as recommended by the Human Resources Agency Director

33.   SEE ITEM NO. 48.1 REGULAR AGENDA

34.   ACCEPTED AND FILED report regarding draft comments on Phase IV Report on the Association of Monterey Bay Area Governments' (AMBAG) Inter-Regional Jobs-Housing Balance Study and approved related actions, as recommended by the Planning Director

35.   SCHEDULED a public hearing on September 23, 2003 on the morning agenda, at 9:00 a.m. or thereafter to consider the 2004 Growth Goal, as recommended by the Planning Director

36.   APPROVED specifications and engineer's estimate for the Lomond Terrace, County Service Area (CSA) No. 28 Road Improvement Project 2003 (5th District); authorized calling for bids; set the bid opening on September 23, 2003 at 10:45 a.m.; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

37.   APPROVED road closures and the Ninth Annual Monte Foundation Fireworks Show, and approved related action, as recommended by the Director of Public Works

38.   ACCEPTED low bid from Monterey Peninsula Engineering, Incorporated of Monterey, California in the amount of $86,492 for the Mattison Lane Curb, Gutter & Sidewalk Improvement project; authorized the award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

39.   APPROVED Memorandum of Understanding (MOU) for the Green Business Certification Program for pollution prevention; authorized the Directors of the Departments of Public Works and Environmental Health Services to sign the MOU on behalf of the County; and approved related actions, as recommended by the Director of Public Works

40.   AUTHORIZED payment to Haro Kasunich and Associates, Incorporated in the amount of $2,113.75 for the Hutchinson Road Slipout Repair project for geotechnical related construction monitoring, as recommended by the Director of Public Works

41.   APPROVED independent contractor agreement with The Landscape Company in the amount of $1,300 per month for the months of July 2003 through June 2004, for a total not-to-exceed amount of $15,600 for landscaping and tree trimming services to Aptos Seascape, County Service Area No. 3 (2nd District) and authorized the Director of Public Works to sign the agreement on behalf of the County Service Area, as recommended by the Director of Public Works

42.   APPROVED proposed amendment to agreement with the Valley Women's Club of San Lorenzo Valley to establish the not-to-exceed compensation amount at $248,535 for operation of the drop-off recycling facilities at the Ben Lomond Transfer Station, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

43.   ACCEPTED improvement for the Browns Valley Road Bridge Replacement project; approved final cost in the amount of $1,904,000.81; and approved related action, as recommended by the Director of Public Works

44.   APPROVED specifications and the engineer's estimate for the Venice Drive Drainage Improvement project; authorized calling for bids; set the bid opening for September 23, 2003 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works

45.   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.: Arreola, et al. v. County of Monterey, et al. Monterey County Superior Court Case No. 105611

Claim Name/No.: Aaron Copeland, Claim No. 5201045

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address (APN if no street address): APN 14-071-35 and APN 14-071-33

Negotiating parties (not agents): Scott Loichinger, Public Works, and Tom Burns, Redevelopment Agency

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

46.   CONSIDERED the Santa Cruz County Trauma Plan;

approved the Santa Cruz County Trauma Plan and authorized the Health Services Agency to submit it to the State EMS Authority
CBWAP

47.   APPROVED appointment of Hazel Sladden to the Managed Medical Care Commission, as an at-large representative of a non-governmental community clinic, in accordance with County Code Section 7.59.030, for a term to expire April 1, 2007
ACBWP

48.   Presentation made by the Human Care Alliance regarding the current state of local health and human services

48.1.   ACCEPTED AND FILED report on proposed ordinance amendments to Volume II of the County Code; and directed the Planning Department to process the proposed amendments in Attachment 2, including review by the Environmental Coordinator and the Planning Commission, as recommended by the Planning Director
AWBCP

49.   RECEIVED bids regarding Huckleberry Woods, County Service Area (CSA) No. 15 Road Maintenance Project (5th District) and referred to the Department of Public Works to return on or before September 9, 2003 with a recommendation on awarding of bid
ABW(C)P (Supervisor Campos abstained because he owns stock in Granite Construction)

50.   RECEIVED bids regarding Water Street Sidewalk Repair & Courthouse Rear Landing Slab Replacement Project and referred to the General Services Department to return on or before September 16, 2003 with recommendation on awarding of bid
WAB(C)P (Supervisor Campos abstained because he owns stock in Granite Construction)

51.   RECEIVED bids regarding Refrigeration Unit Replacement Juvenile Hall Project and referred to the General Services Department to return on or before September 16, 2003 with a recommendation on awarding of bid
AWBCP

52.   Public hearing held to consider Application Number 03-0106, 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; the 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; Applicant: Dee Murray; Owner: Burton Kessenick and Lynn Martin

(1) closed public hearing;

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

(3) adopted RESOLUTION NO. 255-2003 to approve and accept the amended Open Space Easement Contract;

(4) directed the Chairperson of the Board to execute the Amended Open Space Easement Contract; and

(5) directed the Planning Department to work with the Clerk of the Board and Recorder's Office to record and file the amended Open Space Easement
WCBAP

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