Santa Cruz County Board of Supervisors Minutes: 12/9/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 33
Tuesday, December 9, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 18, 2003 and November 25, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 20, 2003 through December 3, 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 Eric J. Lawson, No. 304-050, and referred to County Counsel

11.   REJECTED the claim of Gregory Nicholas Steshenko, No. 304-053, and referred to County Counsel

12.   ADOPTED RESOLUTION NO. 347-2003 authorizing the sale of Series B General Obligation Bonds in the amount of $8,000,000 for the Soquel Union Elementary School District, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED audit report on the Juvenile Crime Enforcement and Accountability Challenge Grant II for the fiscal years ended June 30, 2003, 2002, 2001, and 2000, as recommended by the Auditor-Controller

14.   ACCEPTED AND FILED Statement of Assets in the County Treasury on September 22, 2003, as recommended by the Auditor-Controller

15.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $4,544.20 to replace specified uncashed and staledated warrants, as recommended by the Auditor-Controller

16.   ADOPTED RESOLUTION NO. 348-2003 accepting and appropriating State-County Property Tax Administration Grant Program funds; approved independent services agreement with Appleby and Company, Incorporated in the amount of $80,950 to integrate the Recorder-Assessor electronic interface into the Assessor's workflow system; and approved related actions, as recommended by the Assessor

17.   APPROVED revisions to the County Procedures Manual and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer

18.   APPROVED transfer of funds within the Liability Fund and adopted RESOLUTION NO. 349-2003 Declaring Intention to Reimburse Expenditures, as recommended by the County Administrative Officer

19.   ADOPTED RESOLUTION NO. 350-2003 establishing a .32% per annum simple interest rate on tenant's rental security deposits, effective January 1, 2004 and approved related actions, as recommended by the County Administrative Officer

20.   APPROVED contract with Theresa Shook to serve as code compliance hearing officer for the period of December 10, 2003 through December 31, 2007, as recommended by the County Administrative Officer

21.   AS THE BOARD OF DIRECTORS OF THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ADOPTED RESOLUTION NO. 351-2003 of the Board of Supervisors Declaring Intention to Reimburse Expenditures, as recommended by the County Administrative Officer

22.   DENIED claim of James Fulkerson for partial property tax refund and referred the matter to County Counsel, as recommended by County Counsel

23.   DEFERRED report on adoption of the 2000 Urban Wildland Intermix Code to January 6, 2004, as recommended by the Emergency Services Administrator

24.   AUTHORIZED extension of 1.0 limited term Housing Rehabilitation Construction Specialist to August 31, 2004, as recommended by the Emergency Services Administrator

24.1.   DEFERRED annual report on Emergency Response Fee to December 2004 as a result of delayed implementation, as recommended by the Emergency Services Administrator

25.   REJECTED all bids submitted for Rountree Water System Improvements project, received on November 18, 2003, and directed General Services to return with a request to re-advertise for this project on or before January 13, 2004, as recommended by the Director of General Services

26.   ACCEPTED AND FILED report on the County's Employee Wellness and Return to Work Programs, as recommended by the Personnel Director and Risk Manager

27.   AUTHORIZED the Sheriff-Coroner to enter into and sign the Sexual Assault Nurse Examiners agreement between Catholic Healthcare West dba Dominican Hospital and the County of Santa Cruz, as recommended by the Sheriff-Coroner

28.   ADOPTED RESOLUTION NO. 352-2003 in support of "The 2004 Local Taxpayers and Public Safety Protection Act" to protect local government revenues, and approved related actions, as recommended by Supervisor Beautz

29.   DIRECTED the Personnel Director to investigate the proposal on the Health Care Flexible Spending Accounts Program and return to the Board with a report and recommendations no later than February 3, 2004, as recommended by Supervisor Wormhoudt

29.1.   ACCEPTED nomination of Linda Byrum for appointment to the Domestic Violence Commission, as an at-large representative of survivors of domestic violence, for a term to be staggered by lot, with final appointment to be made January 6, 2004, as recommended by Supervisor Wormhoudt

30.   REQUESTED the Planning Commission to exercise its discretion, pursuant to County Code Section 13.10.124(b), to refer Applications 01-0094 and 01-0447 to the Board of Supervisors for consideration, as recommended by Supervisor Pirie

31.   SEE ITEM NO. 85.2 REGULAR AGENDA

32.   APPROVED appointment of David Zweig to the Deferred Compensation Advisory Commission, as the representative of the Treasurer-Tax Collector, as recommended by Chairperson Pirie

33.   APPROVED appointment of Francie Newfield to the Long Term Care Interagency Commission, representing Multi-Purpose Senior Services, for a term to expire April 1, 2004, as recommended by Chairperson 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.   ADOPTED RESOLUTION NO. 353-2003 accepting and appropriating unanticipated federal Medicaid revenue into the Health Services Agency budget; approved master agreement with community agencies for Targeted Case Management Medicaid program; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

36.   ADOPTED RESOLUTION NO. 354-2003 accepting and appropriating $120,411 in unanticipated federal revenue into the Public Health budget and restore three Public Health Nurse positions in the Health Services Agency budget that were scheduled for deletion on January 3, 2004, as recommended by the Health Services Agency Director

37.   ADOPTED RESOLUTION NO. 355-2003 accepting and appropriating $9,000 in federal revenue; approved agreements with the State Coastal Conservancy and the US Environmental Protection Agency (EPA) to address water quality issues in the San Lorenzo River; approved an agreement with Molecular Epidemiology to conduct water quality sampling services and authorized the Health Services Agency Director to sign agreements, as recommended by the Health Services Agency Director

38.   APPROVED revised master agreements for Licensed Clinical Social Worker/Marriage and Family Therapist, Psychologist, and Clinic Provider and authorized the Health Services Agency to sign, as recommended by the Health Services Agency Director

39.   ACCEPTED AND FILED report on Long Term Care Integration and Adult Day Health Center in South County, as recommended by the Health Services Agency Director

40.   ACCEPTED AND FILED report on the Children and Youth Commission and directed the Health Services Agency to work with County Counsel and report on the status of the merger between Children and Youth Commission and Children's Network on or before February 24, 2004, as recommended by the Health Services Agency Director

41.   ACCEPTED AND FILED report on the Medical Marijuana Identification Card Program, as recommended by the Health Services Agency Director

42.   AUTHORIZED the Health Services Agency to submit a letter of intent to the State Department of Health Services for the National Hospital Bioterrorism Preparedness funds in the amount of $281,339, as recommended by the Health Services Agency Director

43.   ADOPTED RESOLUTION NO. 356-2003 accepting and appropriating $281,300 in unanticipated state and federal revenue; approved amendment to the agreement with Santa Cruz Community Counseling Center and an agreement with the Pajaro Valley Prevention and Student Assistance for mental health treatment services; and approved related actions, as recommended by the Health Services Agency Director

44.   APPROVED agreement with the Homeless Community Resource Center for the provision of the Food Stamp Employment and Training Program (FSET) in the amount of $64,389; adopted RESOLUTION NO. 357-2003 accepting unanticipated revenue in the amount of $14,743 from USDA-FNS for FSET program; and approved related actions, as recommended by the Human Resources Agency Director

45.   APPROVED agreement with the City of Sunnyvale in the amount of $57,735 for nurses training and authorized the Human Resources Agency Director to sign the contract, as recommended by the Human Resources Agency Director

46.   APPROVED and authorized the Human Resources Agency Director to sign contract amendment with Community Bridges to increase the contract amount by $2,000 per year through fiscal year 2004/2005, as recommended by the Human Resources Agency Director

47.   ACCEPTED AND FILED report on Community Programs Outcomes Reporting; adopted proposed Community Programs Outcomes Reporting Work Plan; and directed the Human Resources Agency Director return to the Board with a progress report on Community Programs outcomes reporting requirements on May 25, 2004, as recommended by the Human Resources Agency Director

48.   ADOPTED RESOLUTION NO. 358-2003 accepting and appropriating $300,000 in unanticipated revenue from the State Office of Child Abuse Services for the Father Involvement Initiative; authorized the Human Resources Agency Director to sign the grant agreement with California Department of Social Services for the project; and authorized the Human Resources Agency Director to execute the associated contract with the Santa Cruz Community Counseling Center, as recommended by the Human Resources Agency Director

49.   ADOPTED RESOLUTION NO. 359-2003 accepting and appropriating $6,170 in unanticipated revenue from the California State Fraud Prevention program and $8,931.61 from the California State Automobile Association; approved fixed asset purchase of one specialty vehicle for undercover fraud detection for Human Resources Agency Special Investigation Unit; and adopted RESOLUTION NO. 360-2003 accepting unanticipated revenue in the amount of $15,101 for the fixed asset purchase of one vehicle, as recommended by the Human Resources Agency Director

50.   REVIEWED AND APPROVED Conditions of Approval for Santa Cruz Gardens #12 Project, Application 96-0221, Tract 1472, as recommended by the Planning Director
wcBSP

51.   ACCEPTED AND FILED report on Hansen Information Technologies Permit Tracking System software implementation to replace the Automated Land Use System (ALUS), as recommended by the Planning Director

52.   APPROVED amendment to agreement with Bowman and Williams increasing compensation by $400 for engineering services for County Service Area (CSA) No. 13, and authorized the Director of Public Works to sign the agreement on behalf of the CSA, as recommended by the Director of Public Works

53.   APPROVED Contract Change Order No. 1 in the amount of $10,685 for the Huckleberry Woods - County Service Area (CSA) No. 15 Road Maintenance project (5th District); 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 action, as recommended by the Director of Public Works

54.   ACCEPTED AND FILED report on the Harkins Slough Road Bridge project, as recommended by the Director of Public Works

55.   ADOPTED RESOLUTION NO. 361-2003 accepting unanticipated revenue in the amount of $46,328 from the California Integrated Waste Management Board for a Reuse Assistance Grant awarded to promote computer reuse, as recommended by the Director of Public Works

56.   APPROVED independent contractor agreement with GeoSyntec Consultants, Incorporated for a not-to-exceed amount of $393,060 for solid waste consultant engineering services, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

57.   APPROVED Contract Change Order No. 1 in the amount of $30,121.21 for the Brommer Street Improvements Phase II project; made findings that improvements are of benefit to the project area; authorized the Chairperson of the Board to the sign change order; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

58.   APPROVED independent contractor agreement with Monica Burke Consulting for Northern and Coastal California Water Bond Initiative Coalition consultant services for a not-to-exceed amount of $33,264, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

59.   ACCEPTED AND FILED status report of the Joint Powers Facilities Construction Agreement between the County and Cabrillo College for Soquel Drive and Cabrillo College Drive Roadway Improvements; directed the Department of Public Works to report back on or before June 8, 2004 on the closeout of the Joint Powers Facilities Construction Agreement, as recommended by the Director of Public Works

60.   ACCEPTED improvements for the Ben Lomond Transfer Station Loading Pit and Metallic Concrete Repair project; approved final cost in the amount of $209,317.20; and approved related actions, as recommended by the Director of Public Works

61.   AUTHORIZED the Director of Public Works to make a partial release of the Faithful Performance Security submitted for Tract 1419, Mar Sereno Estates, as recommended by the Director of Public Works

62.   ACCEPTED improvement for Valencia Road Bridge Seismic Retrofit project; approved final cost in the amount of $362,237.72; and approved related action, as recommended by the Director of Public Works

63.   AUTHORIZED payment in the amount of $6,850.18 to United Datatech Distributors and $39,392.75 to Philip Transportation and Remediation, Incorporated for prior fiscal year services in transportation, recycling and disposal of electronic waste, as recommended by the Director of Public Works

64.   APPROVED specifications and engineer's estimate for the Sudden Oak Death Hazardous Tree Removal project, Phase II; authorized calling for bids; set the bid opening for January 6, 2004 at 10:45 a.m.; and approved related action, as recommended by the Director of Public Works

65.   APPROVED list of prioritized County roadway projects for submittal to the Santa Cruz County Regional Transportation Commission, as recommended by the Director of Public Works

65.1.   APPROVED independent contractor agreement with Carolina Software for a not-to-exceed amount of $68,628 for installation, training and technical support for their WasteWORKS landfill and transfer station solid waste management software; authorized the Director of Public Works to sign the agreement on behalf of the County; and approved transfer of funds from structures and improvements to fixed assets and Public Works services, as recommended by the Director of Public Works

66.   APPROVED amendment to agreement with California Polytechnic State University increasing the amount by $45,000 for the installation of a bottomless arch culvert under Swanton Road at the Quesaria Creek crossing and approved related action, as recommended by the Director of Public Works

67.   SEE ITEM NO. 85.1 REGULAR AGENDA

68.   RATIFIED Contract Change Order No. 1 in the amount of $5,000 and Contract Change Order No. 2 in the amount of $9,900; approved Contract Change Order No. 3 in the amount of $15,000 for excavation and testing at the Brommer and Felton Maintenance Yards; authorized the Chairperson of the Board to sign Contract Change Order No. 3 on behalf of the County; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

69.   APPROVED plans, specifications and engineer's estimate for the Kings Creek Road Bridge Replacement project; authorized calling for bids; set the bid opening on January 27, 2004 at 10:45 a.m.; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

70.   APPROVED proposed plan line and route concept for Cabrillo College Drive between Park Avenue and Twin Lakes Church access road and directed Public Works to include the plan line and route concept for Cabrillo College Drive in the Master Plan Line file, as recommended by the Director of Public Works

71.   ACCEPTED AND FILED report on the Relinquishment of the Pajaro River Levee project, as recommended by the Director of Public Works

72.   AS THE BOARD OF THE DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED the amendment to agreement with Green Line Underground Video for sewer main video inspection to extend the term of the contract to June 30, 2004, as recommended by the Director of Public Works

73.   AS THE BOARD OF THE DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, ACCEPTED AND FILED report on the Relinquishment of the Pajaro River Levee project, as recommended by the District Engineer

74.   AS THE BOARD OF THE DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, APPROVED payment to the Pajaro Valley Water Management Agency in the amount of $6,055 for the repair of the Harkins Slough Pump Station, as recommended by the District Engineer

75.   AS THE BOARD OF THE DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ACCEPTED AND FILED report on the Relinquishment of the Pajaro River Levee project, as recommended by the District Engineer

76.   DIRECTED the Parks Department to report back on or before January 27, 2004 with final recommendations regarding acceptance of the Coastal Conservancy funding agreement for the 26th Avenue Beach Access Stairway, as recommended by the Director of Parks, Open Space and Cultural Services

77.   APPROVED amendment to the Lewis Tree Service contract to increase compensation in the amount of $10,000 for fiscal year 2003/2004 and authorized the Director of Parks, Open Space and Cultural Services to sign the agreement on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

78.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED independent contractor agreement with Tri-B, Incorporated in an amount not-to-exceed $245,000 for construction administration services for the Live Oak Library project and approved related actions, as recommended by the Redevelopment Agency Director

79.   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.: Mendes v. County of Santa Cruz Santa Cruz County Superior Court No. 146070

Case Name/No.: Kathryn Canlis v. Civil Service Commission of Santa Cruz County Court of Appeal No. HO25054

Case Name/No.: Alan Johnson v. County of Santa Cruz and Kathryn Canlis Federal District Court of Northern California Case No. C 02 0441 JW

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

Case Name/No.: Ramona Pursley v. County of Santa Cruz Workers Compensation Appeals Board Nos. SAL 88213, SAL 88214

PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS

Position Title: County Administrative Officer

Position Title: County Counsel

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

80.   Continued public hearing to consider amending Santa Cruz County Code Chapter 16.50 to incorporate elements of a model right-to-farm ordinance into the existing Agricultural Land Preservation and Protection ordinance;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 362-2003 Regarding Proposed Amendment to County Code Chapter 16.50, Agricultural Land Preservation and Protection Ordinance, To Combine Relevant Aspects of a Model "Right-To-Farm" Ordinance with the Existing Chapter 16.50, and ADOPTED ORDINANCE NO. 4753 Amending the Agricultural Land Preservation and Protection Ordinance, Santa Cruz County Code Chapter 16.50; directed the Treasurer-Tax Collector to include the notice required by new County Code Section 16.50.090(c) with future annual tax bills; Certified that the ordinance amendment is exempt from further review under the California Environmental Quality Act; and directed the Planning Director to forward the Ordinance Amending County Code Chapter 16.50 to the Coastal Commission for certification;

(2) directed staff to work with the Board of Realtors on the disclosure statement and send a letter to the City Councils of our jurisdictions to approve the County Right-To-Farm Ordinance
(1) CBWSP
(2) CPbwS

81.   Public hearing held to consider the adoption of Resolution amending the boundaries and the scope and purpose of County Service Area No. 11, Lompico Community Zone of Benefit (CSA No. 11 "L") to provide additional types of extended services and to consider related special tax;

(1) opened public hearing, to hear objections or protests, to the proposed Resolution of Intent to Amend the Boundaries and the Scope and Purposes of County Service Area No. 11, Lompico Community Zone of Benefit (CSA No. 11 "L");

(2) closed public hearing and, at the conclusion of the hearing, adopted RESOLUTION NO. 363-2003 Amending the Boundaries and the Scope and Purposes of County Service Area No. 11, Lompico Community Zone of Benefit (CSA No. 11 "L"), to Provide Additional Types of Extended Services; and

(3) ADOPTED RESOLUTION NO. 364-2003 Resolution Calling and Providing for a Special Election to be held on Tuesday, April 13, 2004, for the Purpose of Submitting to the Qualified Electors of County Service Area No. 11, Lompico Community Zone of Benefit, of the County of Santa Cruz a Measure Proposing the Levy of a Special Tax for Parks and Recreation Purposes
WCBSP

82.   Public hearing held to consider recommendation of the Planning Commission to rezone certain properties to or from the Historic Landmark (L) combining district;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4754 Amending Chapter 13.10 of the Santa Cruz County Code to rezone the indicated parcels consistent with the presence or absence of designated historic resources as discussed in the staff report; and

(2) Certified the CEQA exemption
CWBSP

83.   CONTINUED TO JANUARY 13, 2004 public hearing to consider Application No. 01-0173, a proposal to rezone Assessor's Parcel Numbers 089-121-82 and 83 from the Special Use (SU) and Public Facilities (PF) zone districts to the Timber Production (TP) zone district; requires a Rezoning; the property is located on the southeast side of Bear Creek road just north of Hopkins Gulch and on the east side of Bear Creek Estates No. 4, Boulder Creek; no situs; Applicant Gary Paul; Owner: Bringhurst LLC
SCBWP

84.   Public hearing held to consider amendments to the Unified Fee Schedule;

closed public hearing; ADOPTED RESOLUTION NO. 365-2003 Revising the Unified Fee Schedule with the amended fees and charges
BWCSP

85.   Continued public hearing to consider the 2004 Growth Goal;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 366-2003 Establishing the Year 2004 Growth Goal of 0.50% for the unincorporated portion of the County, with associated findings and implementing actions;

(2) adopted Notice of Exemption;

(3) and directed Planning staff to report to the Board if any Year 2004 allocation category is approaching depletion so that a public hearing can be scheduled to consider use of the 2003 carry over as recommended by the Planning Commission
BWcSP

85.1.   ACCEPTED AND FILED the Final 2003/2004 Capital Improvement Program document; adopted RESOLUTION NO. 367-2003 canceling estimated revenues and appropriations in the amount of $215,000; adopted RESOLUTION NO. 368-2003 accepting and appropriating unanticipated revenue in the amount of $194,500; and directed Public Works to return on or before May 18, 2004, with the Proposed 2004/2005 Capital Improvement Program document; with an additional direction that staff report back on January 27, 2004 with a plan to make up for the shortfall for the Soquel Drive Winkle/Dover signalization project
BWCSP

85.2.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, AUTHORIZED the expenditure of up to $6,500 in support of Action Pajaro Valley's Pajaro River Task Force consensus building process from the District's General Engineering budget, which includes ratification of an earlier request from Action Pajaro Valley in the amount of $1,500; additionally requested Chair Pirie communicate to Action Pajaro that the Board considers this a one time allocation and will not be willing to consider future funding of this particular project
WCBSP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS