Santa Cruz County Board of Supervisors Minutes: 10/7/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 27
Tuesday, October 7, 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
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to the Consent Agenda: Item No. 56.1, 56.2 and 56.3
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - person/people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 16, 2003 and approved the minutes of September 23, 2003 with attached memo of the Clerk of the Board related to item No. 59 on the agenda of September 23, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 18, 2003 through October 1, 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 Peter Gonzalez, No. 304-020, and referred to County Counsel

11.   REJECTED the claim of Michael D. Weber, No. 304-021, and referred to County Counsel

12.   REJECTED the claim of David Shaw, No. 304-025, and referred to County Counsel

13.   REJECTED the claim of Steven E. Holt, No. 304-026, as insufficiently filed and referred to County Counsel

14.   REJECTED the claim of Sergio Rocha, No. 304-027, and referred to County Counsel

15.   ACCEPTED AND FILED report on the Auditor-Controller's audit of the Inmate Welfare Fund for the fiscal year ended June 30, 2002 and the review of that Fund for the fiscal years ended June 30, 1998 through June 20, 2001, and directed the Sheriff to implement the report's recommendations, as recommended by the Auditor-Controller

16.   INSTRUCTED the Auditor to issue a replacement warrant in the amount of $27,769 to replace an uncashed and staledated warrant, as recommended by the Auditor-Controller

17.   ACCEPTED AND FILED report on timekeeping in the Water and Wastewater Division of the Department of Public Works; directed the Public Works Department to return on November 18, 2003 with a response on the report's recommendations; and approved related actions, as recommended by the Auditor-Controller

18.   ADOPTED RESOLUTION NO. 282-2003 approving the 2003/2004 Budget for County Funds and Special Districts governed by the Board of Supervisors; cancelled various appropriations due to insufficient funding or contingency balances that exceed legal limitations; adopted RESOLUTION NO. 283-2003 adopting the appropriation limitations for the County and Board governed Special Districts; approved the year-end transfers of appropriations previously authorized by the Board's Last Day directions, as recommended by the Auditor-Controller

19.   ADOPTED RESOLUTION NO. 284-2003 accepting and appropriating $100,000 in grant funds and contributions for the fabrication and installation of Monterey Bay Sanctuary Scenic Trail interpretive exhibits and approved related actions, as recommended by the County Administrative Officer

20.   AUTHORIZED the Real Property Division of the Department of Public Works to convey the County's interest in 739 River Street to the City of Santa Cruz for the purpose of conducting homeless services; authorized the County Administrative Officer to execute a fifty-five year sublease for clinic space for Health Services Agency's Homeless Persons Health Project in the new Family Shelter Building which will be constructed in the coming months by the Homeless Service Center, Incorporated; and authorized a short term lease of space for the Homeless Persons Health Project while the new Family Shelter building is being constructed, as recommended by the County Administrative Officer

21.   AUTHORIZED agreements with the Bonny Doon Fire and Rescue Auxiliary regarding emergency response vehicles, as recommended by the Emergency Services Administrator

22.   APPROVED agreement with the Santa Cruz County Fairgrounds for the use of the facility for disaster response and public safety training purposes and directed the General Services Department to execute the agreement, as recommended by the Director of General Services

23.   APPROVED deferral of a bid award for the Water Street Sidewalk Repair and Courthouse Rear Landing Slab Replacement project until October 21, 2003, as recommended by the Director of General Services

24.   AWARDED contract to the Elevator Services Company, in the amount of $169,500 for the modernization of elevators at 1020 and 1040 Emeline Avenue; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; and authorized the General Services Director to approve change orders and encumber $16,950 in addition to the contract amount for change order expenditures; and approved related actions, as recommended by the Director of General Services

25.   ACCEPTED the Metal Fabrications Component of the Building Envelope Repairs project at the Health and Human Services building as completed; approved the final cost in the amount of $30,021.50; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

26.   AWARDED contract to Cold Craft, Incorporated in the amount of $49,835 for the Refrigeration Unit Replacement at 3650 Graham Hill Road; adopted RESOLUTION NO. 285-2003 accepting and appropriating unanticipated revenue in the amount of $34,647 to complete financing for the project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; authorized the General Services Director to approve change orders and encumber $4,984, in addition to the contract amount for change order expenditures; and approved related actions, as recommended by the Director of General Services

27.   ADOPTED RESOLUTION NO. 286-2003 Amending Salary Resolution No. 279-75 to implement a classification and salary action in the Auditor-Controller's Office, as recommended by the Personnel Director and the Auditor-Controller

28.   ACCEPTED AND FILED Probation Department Progress Report to the Board of Corrections for Juvenile Justice Crime Prevention Act of 2000 (JJCPA) Program, as recommended by the Chief Probation Officer

29.   AUTHORIZED the Sheriff-Coroner to sign the hold harmless agreement for Search and Rescue Team training at Fort Hunter Liggett on October 17 through 19, 2003, as recommended by the Sheriff-Coroner

30.   APPROVED Memorandum of Agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for reimbursement of overtime salary costs incurred by the Santa Cruz County Sheriff's Office in providing resources to assist the ATF, and authorized the Sheriff-Coroner to sign the agreement on behalf of the County, as recommended by the Sheriff-Coroner

31.   APPROVED appointment of Barry Hooper to the Energy Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

32.   ACCEPTED nomination of Ann Butler for reappointment to the Assessment Appeals Board, as an at-large representative, for a term to expire September 1, 2006, with final appointment to be made October 21, 2003, as recommended by Supervisor Pirie

33.   APPROVED appointment of Sheri L. Damon to the Housing Advisory Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

34.   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

35.   AUTHORIZED the Auditor-Controller to make payment to the University of California Santa Cruz Inn and Conference Center in the amount of $2,200 for costs associated with "The Role of Private Practice in Public Health Disasters" conference, as recommended by the Health Services Agency Director

36.   ADOPTED RESOLUTION NO. 287-2003 accepting and appropriating $393,949 of unanticipated Federal and State revenues into the Health Services Agency Alcohol and Drug Program; approved amendments to agreements with Santa Cruz Community Counseling Center increasing the maximum amount by $209,996 to $2,115,963, Triad Community Services increasing the maximum amount by $203,027 to $766,008, Pajaro Valley Prevention and Student Assistance increasing the maximum amount by $99,923 to $271,191, Youth Resource Bank increasing the maximum amount by $21,000 to $92,500, and Santa Cruz City Schools increasing the maximum amount by $6,000 to $24,000, for various alcohol and drug services, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

37.   APPROVED various agreements for health services, as recommended by the Health Services Agency Director

38.   ADOPTED RESOLUTION NO. 288-2003 accepting and appropriating unanticipated revenue in the amount of $15,190 for the Kinship/Foster Care Program, as recommended by the Human Resources Agency Director

39.   ACCEPTED AND FILED report on State funding of MediCal eligibility; adopted RESOLUTION NO. 289-2003 accepting and appropriating unanticipated revenue in the amount of $1,287,626; approved the addition of 9.0 bilingual FTE Eligibility Worker I/II, 5.0 bilingual FTE Eligibility Worker III, 2.0 bilingual FTE Eligibility Supervisor I, and 2.0 bilingual FTE Typist Clerk II, and directed the Personnel Department to expedite the classification of these positions effective no later than October 31, 2003; and directed the Personnel Director to begin the necessary recruitment and hiring activities for the approved positions, as recommended by the Human Resources Agency Director

40.   DEFERRED status report on the Transition Work Plan for serving In-Home Supportive Services contract consumers to the October 28, 2003 meeting, as recommended by the Human Resources Agency Director

41.   APPROVED Contract Change Order in the amount of $19,909.91 for the Buena Vista Landfill Entrance Facility Improvements; authorized the Chairperson of the Board to sign the change order on behalf of the County; and approved related action, as recommended by the Director of Public Works

42.   APPROVED amendment to agreement with LSA Associates for services to undertake additional cultural resources technical study for the Graham Hill Road Improvement project, increasing compensation by $18,001 for a not-to-exceed total of $129,595, amending the rate schedule, and extending the term of the contract until June 30, 2004; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

43.   DELETED ITEM

44.   ADOPTED RESOLUTION NO. 290-2003 accepting and appropriating unanticipated revenue in the amount of $225,000 from the California Department of Forestry and Fire Protection for the Sudden Oak Death Hazardous Tree Assessment and Removal Program; approved amendment to agreement with James P. Allen and Associates for arborist services, increasing the contract by $45,680 for a total not-to-exceed amount of $87,030; and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

45.   APPROVED the Disadvantaged Business Enterprise Annual Overall Goal Information for 2003/2004 and directed Public Works to file the approved information with the California Department of Transportation, as recommended by the Director of Public Works

46.   ADOPTED RESOLUTION NO. 291-2003 approving and accepting terms and conditions for right-of-way acquisition for Kings Creek Road Bridge Replacement project; authorized the Director of Public Works to sign the contract; and approved payment of claim, as recommended by the Director of Public Works

47.   ACCEPTED low bid from Santa Cruz Engineering Contractors, Incorporated in the amount of $53,990 for the Venice Drive Drainage Improvement project; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

48.   ACCEPTED low bid of Granite Construction Company in the amount of $17,583 for the Lomond Terrace County Service Area (CSA) No. 28 Road Improvement Project 2003; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works
WB(C)AP (Supervisor Campos abstained because he owns stock in Granite Construction)

49.   APPROVED independent contractor agreement to carry out motor oil recycling and public awareness services with Ecology Action of Santa Cruz for a not-to-exceed amount of $27,000, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

50.   ACCEPTED improvement for the Cuesta Drive Storm Repair project as completed; approved final cost in the amount of $36,132.32; and approved related action, as recommended by the Director of Public Works

51.   DIRECTED Public Works, in conjunction with County Counsel, to report back on or before November 25, 2003, with a request for proposal to contract for the operation of County Service Area (CSA) No. 7, Boulder Creek, a proposed contract with Big Basin Water Company to bill for sewer services for CSA No. 7, and a status report on negotiations with the California Regional Water Quality Control Board and the Public Utilities Commission on the possibility of privatization of CSA No. 7, as recommended by the Director of Public Works

52.   ACCEPTED the Hestwood Neighborhood Park Project as completed; and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

53.   ACCEPTED AND FILED status report on Seasonal Farm Worker Housing Program; directed the Redevelopment Agency Administrator to return with a further status report on or before January 27, 2004; and approved related action, as recommended by the Redevelopment Agency Administrator

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funding in the amount of $1,975 for replacement signage associated with the Capitola Road Improvement project and approved related actions, as recommended by the Redevelopment Agency Administrator

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $27,522.01 for the Venice Drive Drainage Improvement project and approved related actions, as recommended by the Redevelopment Agency Administrator

56.   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

Case Name/No.: Monterey County Water Resources Agency v. County of Santa Cruz, et al. San Benito County Superior Court Case No. 228382

Case Name/No.: City of Capitola, et al. v. Nicolas Papadakis, et al. Santa Clara Superior Court Case No. CV-818073

Case Name/No.: Maria Rangel v. County of Santa Cruz Workers Compensation Appeals Board No. SAL 87107

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation to be considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address (APN if no street address):

APN 083-035-03

Negotiating parties (not agents): Scott Loichinger, Public Works, and Steven and Megan Mork

Property street address (APN if no street address):

APN 40-181-06,07 and 09

Negotiating parties (not agents): Scott Loichinger, Public Works, and Steve Carmichael

Property street address (APN if no street address):

APN 52-191-52

Negotiating parties (not agents): Scott Loichinger, Public Works, and University of California at Davis

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Health Care Professional Unit

REPORT OF COUNTY COUNSEL - In the matter of Maria Rangel v. County of Santa Cruz Workers Compensation Appeals Board No. WCAB SAL 87107, the Board of Supervisors authorized settlement in the total sum of $84,602 with a contribution by Claims Management Incorporated of $15,000
BPWCA

56.1.   ADOPTED RESOLUTION NO. 292-2003 rescinding Resolution No. 261-2003 relating to the purposes of County Service Area No. 11, Lompico Community Zone of Benefit (CSA No. 11L); cancelled the associated October 21, 2003 public hearing; and directed staff to return on or before October 28, 2003 with the necessary actions to reactivate the revised zone of benefit, as recommended by the Director of Parks, Open Space and Cultural Services

56.2.   ACCEPTED AND FILED report of Supervisor Almquist regarding the establishment of a community partnership between Santa Cruz County and the Municipio of Guama, Cuba, as recommended by Supervisor Almquist

56.3.   SEE ITEM NO. 61.1 REGULAR AGENDA

REGULAR AGENDA

57.   Public hearing held to consider the Planning Commission's recommendations on General Plan and Zoning Amendments on Highway 9 and other nearby locations;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 293-2003 Adopting General Plan Amendments (Attachment 3) for designated properties along Highway 9 and elsewhere, amended as follows: deleted reference to San Lorenzo Valley School District, Redwood School property; deleted attachment 2 which is a proposed policy governing use of property at Redwood Elementary School, as well as, any reference to Redwood Elementary School in Exhibit B to attachment 3; and deleted in the resolution the section, on page two, beginning "BE IT FURTHER RESOLVED"; and any reference, if any, of the school district properties actually listed by parcel number on any of the attachments;

(2) ADOPTED ORDINANCE NO. 4739 to approve the rezoning of designated properties along Highway 9 and elsewhere;

(3) and certified the Negative Declaration
APBWC

58.   CONSIDERED report on results of public opinion survey for Mosquito and Vector Control Services;

(1) accepted and filed report on results of public opinion survey for Mosquito and Vector Control Services;

(2) directed the Agricultural Commissioner to return on November 4, 2003 with a recommended engineering consultant to prepare a financial analysis of benefit to parcels;

(3) and directed the Agricultural Commissioner to report back on the interest of the cities in annexing to the Mosquito and Vector Control County Service Area;

(4) with an additional direction that the Agricultural Commissioner return on November 4, 2003 with a recommendation on how to access the interest in these districts on the part of residents in the area
APBWC

59.   CONSIDERED Ordinance repealing Chapter 5.60 of the Santa Cruz County

Code relating to regulation of disclosures of confidential consumer information;

approved "in concept" ordinance repealing Chapter 5.60 of the Santa Cruz County Code relating to regulation of disclosures of confidential consumer information to return on October 21, 2003 for final adoption
WBCAP

60.   CONSIDERED quarterly report from the Planning Department;

accepted and filed quarterly report from the Planning Department
WABCP

61.   CONSIDERED fiscal year 2003/2004 Advanced Planning Work Program and related actions;

adopted the fiscal year 2003/2004 Advanced Planning Work Program report with the following changes: (1) When the Volume II Task Force ordinance amendments report returns in January 2004, that staff comment on the possibility of not convening a Task Force on Volume II until the minor amendments are accomplished; (2) eliminate the new project employee housing on public facilities zone and consider that item at the time the report returns in November 2003; (3) as specific proposals are submitted on the four corners project, that a process be employed to get community feedback; (4) directed staff to continue to support community efforts to preserve housing in the Pleasure Point area
WBCAP

61.1.   MADE a minor modification of the Board's order of September 23, 2003, concerning this project, to allow action on today's agenda. As a result of this action, the Planning Department will no longer be required to return to the Board for additional direction on October 21, 2003;

(2) directed the Planning Department to require that the applicant, as a part of any development application, request an amendment of the General Plan and/or Zoning Ordinance to allow the Planning Department to prepare findings that the 43 unit Cabrillo Commons project is consistent with the Santa Cruz County General Plan, and which will also be protective of resources previously identified in the letter of September 19, 2003
WBCAP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS