Santa Cruz County Board of Supervisors Minutes: 11/25/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 32
Tuesday, November 25, 2003

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, S = Stone; 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 and deletions to the Consent Agenda: ADDED Item Nos. 37.1 and 37.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

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 November 13, 2003 through November 19, 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. 4748 Amending Sections 10.04.165 and 10.04.300 and Adding Section 10.04.305 to the Santa Cruz County Code Relating to Approved Use of Park Facilities

11.   DENIED the application to file a late claim on behalf of Maria G. Quiroz, No. 102-123B, and referred to County Counsel

12.   REJECTED the claim of Tyrone Phillips, No. 304-045, and referred to County Counsel

13.   DEFERRED consideration of modifications to the Memorandum of Understanding (MOU) with the City of Watsonville for the development of expanded Court services in downtown Watsonville until on or before January 13, 2004, as recommended by the County Administrative Officer

14.   SCHEDULED a public hearing on December 9, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider revisions to the Unified Fee Schedule and directed the Clerk of the Board to take related action, as recommended by the County Administrative Officer

15.   DEFERRED report on adoption of the Urban Wildland Interface Code to December 9, 2003, as recommended by the Emergency Services Administrator

16.   AUTHORIZED extension of One Limited Term Housing Rehabilitation Construction Specialist position through December 31, 2003, as recommended by the Emergency Services Administrator

17.   ADOPTED RESOLUTION NO. 327-2003 authorizing the District Attorney to submit a grant application to the Office of Criminal Justice Planning for the Child Abuser Vertical Prosecution Program in the amount of $53,149 for Fiscal Year 2003-04; and adopted RESOLUTION NO. 328-2003 accepting and appropriating unanticipated revenue in the amount of $53,149 into the District Attorney's Grant Index, as recommended by the District Attorney

18.   SEE ITEM NO. 45.1 REGULAR AGENDA

19.   AUTHORIZED payment of prior year invoice in the amount of $85, as recommended by the Director of General Services

20.   ADOPTED RESOLUTION NO. 329-2003 electing to be subject to Public Employees' Medical and Hospital Care Act only with respect to members of a specific Employee Organization and fixing the Employer's contribution for Employees and the Employer's contribution for annuitants at different amounts; adopted RESOLUTION NO. 330-2003 fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act for the General Representation Unit; adopted RESOLUTION NO. 331-2003 fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act for the Middle Management Unit; adopted RESOLUTION NO. 332-2003 fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act for the District Attorney/Child Support Attorney Representation Unit; adopted RESOLUTION NO. 333-2003 fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act for the District Attorney Inspectors Representation Unit; adopted RESOLUTION NO. 334-2003 fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act for each Department Head or member of the Board of Supervisors; adopted RESOLUTION NO. 335-2003 fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act for the Unrepresented Management group; adopted RESOLUTION NO. 336-2003 fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act for the Law Enforcement Middle Management Unit, as recommended by the Personnel Director

21.   ACCEPTED AND FILED report on the implementation of cultural competency guidelines for County Departments; directed the Personnel Department to incorporate departmental cultural competency plans into the County's EEO Plan; and directed the Personnel Director to report back on progress made on June 8, 2004 through the annual EEO Report, as recommended by the Personnel Director

21.1.   ACCEPTED AND FILED report on the national nursing crisis and steps to mitigate impacts in Santa Cruz County programs; adopted RESOLUTION NO. 337-2003 amending Resolution 279-75, which makes a title change, deletes an obsolete class, creates new classes, and makes a salary range change; directed Health Services Agency to report back in budget hearing on the progress of the partnership with Cabrillo, CareerWorks, and County Personnel; and directed Health Services Agency to report back on May 4, 2004 with impacts of the "nursing ratios" on hospitals and the community, as recommended by the Personnel Director and Health Services Agency Director

22.   APPROVED appointment of Linda Kishlansky to the Child Care Planning Council, as a Public Agency Representative, for a term to expire April 1, 2005, as recommended by Supervisor Beautz

23.   APPROVED appointment of Jacob Hunter to the Fire Department Advisory Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

24.   APPROVED reappointment of William R. George and Lorraine Beall to the Pajaro Valley Public Cemetery District for terms to expire December 31, 2007, as recommended by Supervisor Campos

25.   APPROVED appointment of Renee Shepherd to the Planning Commission for a term to expire January 3, 2005, as recommended by Supervisor Stone

26.   AUTHORIZED the Information Services Director to sign a contract with Tel-Net Communications for network cabling services through June 30, 2006, in a not-to-exceed amount of $200,000 for fiscal year 2003-04, as recommended by the Information Services Director

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.   AUTHORIZED the Health Services Agency to submit a grant application to the Social Security Administration for a Benefits Advocacy Project for Homeless Individuals in Santa Cruz County in the amount of $200,000, as recommended by the Health Services Agency Director

29.   ACCEPTED AND FILED report on Community Programs Outcomes Reporting; and directed the Human Resources Agency to return on December 9, 2003 for approval of the Community Programs Outcomes Reporting Work Plan, as recommended by the Human Resources Agency Director

29.1.   DEFERRED report on Public Guardian fees for services to January 27, 2004, as recommended by the Human Resources Agency Director

30.   APPROVED independent contractor agreement with Dynamic Consultants, Incorporated for a not-to-exceed amount of $29,500 for soil and material testing for the Buena Vista Landfill Entrance Facility Improvements-Phase I, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

31.   ADOPTED RESOLUTION NO. 338-2003 authorizing funds for service panel conversions in the Davenport Underground Utility District, as recommended by the Director of Public Works

32.   ACCEPTED the improvement and approved the final cost of $4,835,616.14 for the Capitola Road Improvements Soquel Avenue to Thirtieth Avenue, and approved related action, as recommended the Director of Public Works

33.   AUTHORIZED distribution of Request for Proposals with a final contract for the operation of County Service Area (CSA) No. 7; directed Public Works to return on March 23, 2004, with a final contract for consideration by the Board; directed Public Works, in conjunction with County Counsel, to report back on March 23, 2004, with a status report on negotiations with Big Basin Water Company for billing of CSA No. 7 sewer services; with an additional direction to put a process in place, with a time line, for resolution to establish a web-site with pertinent information for the public on the status of the project and outreach to make sure that all the members of the community have access to that information

34.   ADOPTED RESOLUTION NO. 339-2003 amending Resolution No. 584-90 by extending the term of the North Coast Beaches Advisory Committee to December 31, 2004, as recommended by the Director of Parks, Open Space and Cultural Services

35.   ADOPTED RESOLUTION NO. 340-2003 accepting two restrictive easements; directed the Chair of the Board to execute the necessary and/or appropriate documents to accept the easements; and directed the Clerk of the Board to take related actions, as recommended by the Director of Parks, Open Space and Cultural Services

36.   AS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY, APPROVED financing in the amount of $280,000 for the Simpkins Family Swim Center Co-generation Project and approved related actions, as recommended by the Redevelopment Agency Director

37.   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

REPORT OF COUNTY COUNSEL - No report given

37.1.   CONTINUED TO DECEMBER 9, 2003 the expenditure of $5,000 by the Department of Public Works in support of the Pajaro River Task Force consensus building process

37.2.   APPROVED appointment of Supervisor Stone to the Santa Cruz City/County Library Joint Powers Board, as recommended by Chairperson Pirie

REGULAR AGENDA

38.   Public hearing held to consider Application No. 02-0565, a proposal to rezone a parcel from PF (Public Facilities) to R-1-6 (single Family Residential) and amend the General Plan designation of Public Facility to Urban Low Density Residential (R-UL). Requires a Rezoning and a General Plan Amendment. Property located on the southwest corner of Sims Road and Fire House Road, at 41 Sims Road, Santa Cruz;

(1) closed public hearing;

(2) certified the Negative Declaration as complying with the requirements of the California Environmental Quality Act (Exhibit D of Attachment 4);

(3) approved Application No. 02-0565;

(4) adopted RESOLUTION NO. 341-2003 adopting a General Plan Land Use Designation Amendment concerning APN 067-202-40 referred to as The Santa Cruz Scotts Valley Fire Protection District Project Application 02-0565; and

(5) adopted ORDINANCE NO. 4749 amending Chapter 13.10 of the Santa Cruz County Code Changing from One Zone District to Another Regarding the Scotts Valley Fire Protection District Project, Application 02-0565
BWCSP

39.   Public hearing held to consider the Coastal Commission Modifications to Previously approved General Plan/Local Coastal Program Land Use Plan and Implementing Ordinance Amendments related to the Memorandum of Understanding for the Third Pajaro Valley Unified School District High School;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 342-2003 Accepting the Coastal Commission's Modifications to Previously Approved General Plan/Local Coastal Program Land Use Plan and Implementing Ordinance Amendments Related to the Memorandum of Understanding for the Third Pajaro Valley Unified School District High School;

(3) adopted ORDINANCE NO. 4750 Amending County Code by Adding Sections 13.10.490 through 13.10.493 Establishing a Watsonville Utility Prohibition Combining Zone District, and Sections 17.02.081 and 14.32.90(c)(A)(11) relating to improvements to Harkins Slough Road;

(4) certified the CEQA Exemption; and

(5) directed the Planning Department to transmit the amendments to the California Coastal Commission as Local Coastal Program (LCP) Land Use Plan and Implementation Ordinance amendments for their approval and certification
CWBSP

40.   Public hearing held to consider the Coastal Commission's Modifications to the Second Unit Ordinance;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 343-2003 Adopting Amendments to the General Plan/Local Coastal Program Implementing Ordinances Relating to Second units;

(3) adopted ORDINANCE NO. 4751 Amending Subsections (b), (c) and (d) of Section 14.10.681, Subsection (b) of Section 14.10.312, Subsection (b) of Section 14.10.322 and Subsection (c)(6)(ii)of Section 14.10.323 of the Santa Cruz County Code Relating to Second Units;

(4) directed Planning staff to submit the County's action to the California Coastal Commission for final certification
CWBSP

41.   Public hearing held to consider the Coastal Commission Modifications to Planned Unit Development Ordinance;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 344-03 Accepting the California Coastal Commissions Modifications to the Planned Unit Development Ordinance;

(3) adopted ORDINANCE NO. 4752 Amending Chapter 18.10 of the Santa Cruz County Code, the Planned Unit Development Ordinance, to Incorporate Coastal Commission Modifications;

(4) certified the CEQA Exemption; and

(5) directed the Planning Department to transmit the amendments to the California Coastal Commission as Local Coastal Program (LCP)Land Use Plan and Implementation Ordinance amendments for their approval and certification
WCBSP

42.   Presentation made honoring Jeff Almquist for his service as the Fifth District County Supervisor

43.   Public hearing held to consider purchase of four Capstone cogeneration units for the Main Jail and Simpkins Swim Center in the amount of $395,832;

(1) closed public hearing;

(2) adopted the finding that the anticipated cost to the County for electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the County of electrical, or other energy that would have been consumed by the County in the absence of those purchases;

(3) authorized the General Services Department to purchase four Capstone Microturbines at an approximate cost of $395,832 including sales tax;

(4) awarded a contract to Geo. H. Wilson, Inc., in the amount of $310,695 for the Cogeneration Projects at the Main Jail and Simpkins Swim Center;

(5) authorized the General Services Director to notify the contractor and to sign the contract agreements on behalf of the Board; and

(6) authorized the General Services Director to approve change orders and encumber $28,035 in addition to the contract amount to cover change order expenditures, as required
WCBSP

44.   APPROVED reappointment of Michael W. Keogh to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large appointee, for a term to expire December 31, 2007
CBWSP

45.   CONSIDERED report on the consolidation of the County's fiscal offices, and a resolution setting an election for Tuesday, March 2, 2004 to submit to the electorate the question of whether the Office of Director of Finance shall be established thereby consolidating the offices of the Auditor-Controller and Treasurer-Tax Collector and related actions;

the Board declined to take action on staff recommendations and directed staff to return January 27, 2004 for further consideration
BCWSP

45.1.   APPROVED the 2004 County Legislative Program and directed the County Administrative Officer to forward the program to our State and Federal representatives and to our State and Federal associations for their consideration; adopted RESOLUTION NO. 345-2003 urging Governor Schwarzenegger and the California Legislature to maintain local Vehicle License Fee revenues to Counties; adopted RESOLUTION NO. 346-2003 in support of Senate Bill 1 (5th Extraordinary Session) by Senator Jim Brulte to provide for state reimbursement to Local Governments for the Revenue Loss Associated with the Vehicle License Fee Reduction; and requested the Chairperson send a letter of support to our State Legislators in support of the bill, as recommended by the County Administrative Officer
WBCSP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS