Santa Cruz County Board of Supervisors Minutes: 1/27/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 3
Tuesday, January 27, 2004

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. 70.1, 70.2 and 70.3
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of January 6, 2004 and January 13, 2004, as recommended by the Clerk of the Board
PBCSW

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of January 8, 2004 through January 21, 2004 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. 4755 Amending Subsections 17.10.020, 17.10.050, 17.10.060, 17.10.070, 17.10.075, 17.10.090, and 17.10.110 of the Santa Cruz County Code Relating to Affordable Housing Requirements

11.   ADOPTED ORDINANCE NO. 4756 Adding Chapter 9.57 to the Santa Cruz County Code Relating to Abandoned Vehicles on Streets and Highways

12.   REJECTED the claim of Ron Arcaroli, No. 304-063 as insufficiently filed, and referred to County Counsel

13.   REJECTED the claim of Larry D. Hamilton, No. 304-067, and referred to County Counsel

14.   ADOPTED RESOLUTION NO. 13-2004 accepting $49,000 into Agricultural Commissioner Budget for fiscal year 2003/2004 and appropriating $7,000 for the Sudden Oak Death inspection program, as recommended by the Agricultural Commissioner

15.   ACCEPTED AND FILED report on expansion of County Service Area (CSA) No. 53, the Mosquito and Vector Control District and directed the Agricultural Commission to return on or before March 23, 2004 with the assessment engineering analysis, a report on the proposed ballot procedure, information on the cities interest in annexation and recommendations on how to proceed, as recommended by the Agricultural Commissioner

16.   INSTRUCTED the Auditor-Controller to issue a replacement warrant in the total amount of $3,817.75 to replace an uncashed and staledated warrant, as recommended by the Auditor-Controller

17.   DEFERRED recommendations related to modifications to the Memorandum of Understanding with the City of Watsonville for the development of expanded court facilities in downtown Watsonville until on or before February 24, 2004, as recommended by the County Administrative Officer

18.   DIRECTED the County Administrative Office to return on March 9, 2004 with a report on the consolidation of the County's fiscal offices, including actions required to submit to the electorate the question of whether the Office of Director of Finance should be established, thereby consolidating the offices of Auditor-Controller with Treasurer-Tax Collector, as recommended by the County Administrative Officer
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19.   APPROVED submission of an application to the Environmental Enhancement and Mitigation Program for $250,000 in grant funds to develop, fabricate and install interpretive and orientation exhibits along the Monterey Bay National Marine Sanctuary Scenic Trail; adopted RESOLUTION NO. 14-2004 communicating that approval to the State Resources Agency; and approved related actions, as recommended by the County Administrative Officer

20.   APPROVED Proposition 172 Maintenance of Effort calculation for 2003/2004; and directed the County Administrative Officer to execute and forward the 2003/2004 certification to the Auditor-Controller, as recommended by the County Administrative Officer

21.   APPROVED amendment to agreement with Maximus in the amount of $11,500 for services related to claims administration for grand jury state mandated cost recovery activities, as recommended by the County Administrative Officer

22.   APPROVED transfer from general contingencies in the amount of $23,000 to partially offset unanticipated cost of October 7, 2003 Special Gubernatorial Recall Election, and adopted RESOLUTION NO. 15-2004 accepting and appropriating unanticipated revenue in the amount of $286,000 from various jurisdictions to conduct elections consolidated with the March 2004 Presidential Primary and approved related actions, as recommended by the County Clerk

23.   APPROVED Settlement Agreement and future payments to the County by the City of Scotts Valley in County of Santa Cruz v. Redevelopment Agency of the City of Scotts Valley, as recommended by County Counsel

24.   APPROVED plans and specifications for the Felton Covered Bridge Park Play Area Improvements; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on February 24, 2004, as recommended by the Director of General Services

25.   APPROVED plans and specifications for the Mesa Village Park-Play Area Improvements; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on February 24, 2004, as recommended by the Director of General Services

26.   ADOPTED RESOLUTION NO. 16-2004 providing for the replenishment of the Treasurer-Tax Collector's Cash Difference Fund and approved related actions, as recommended by the Treasurer-Tax Collector

27.   APPROVED appointment of Jean Brocklebank to the Mobilehome Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

28.   ACCEPTED nomination of Raymond Ralston as an at-large appointee to the Housing Authority Board of Commissioners, as a tenant representative over 62 years of age, for a term to expire February 3, 2006, with final appointment to be made February 3, 2004, as recommended by Supervisor Pirie

29.   APPROVED appointment of Mike Barsi to the Civil Service Commission for a term to expire December 31, 2007, as recommended by Supervisor Pirie

30.   APPROVED appointment of Tricia Pastor to the Child Care Planning Council, as a community representative, for a term to expire April 1, 2007, as recommended by Supervisor Pirie

31.   APPROVED appointment of Maria L. Lopez to the Equal Employment Opportunity Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

32.   ACCEPTED nomination of Mike Barsi for reappointment to the Board of Law Library Trustees for a term to expire December 31, 2004, with final appointment to be made February 3, 2004, as recommended by Supervisor Campos

33.   APPROVED appointment of Lawrence A. Prather as the alternate Fifth District representative on the Planning Commission, for a term to expire January 3, 2005, as recommended by Supervisor Stone

34.   ACCEPTED AND FILED annual report of the Fish and Game Advisory Commission, and approved related action, as recommended by Chair Wormhoudt

35.   SEE ITEM NO. 74.2 REGULAR AGENDA

36.   ACCEPTED AND FILED annual report of the Commission on Disabilities, and approved related action, as recommended by Chair Wormhoudt

37.   ACCEPTED AND FILED annual report of the Assessment Appeals Board, and approved related action, as recommended by Chair Wormhoudt

38.   ACCEPTED AND FILED annual report of the In-Home Supportive Services Advisory Commission, and approved related action, as recommended by Chair Wormhoudt

39.   ACCEPTED AND FILED annual report of the Planning Commission, and approved related action, as recommended by Chair Wormhoudt

40.   ACCEPTED AND FILED annual report of the Women's Commission, and approved related action, as recommended by Chair Wormhoudt

41.   ACCEPTED AND FILED annual report of the Agricultural Policy Advisory Commission, and approved related action, as recommended by Chair Wormhoudt

42.   APPROVED appointment of members of the Board of Supervisors to various agencies, committees and commissions for calendar year 2004, and approved related action, as recommended by Chair Wormhoudt

43.   ACCEPTED AND FILED annual report of the Civil Service Commission, and approved related action, as recommended by Chair Wormhoudt

44.   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

45.   ADOPTED RESOLUTION NO. 17-2004 accepting and appropriating $299,000 of unanticipated revenue from the Ambulance Trust Fund into the Health Services Agency Budget; authorized the Auditor-Controller to pay invoice for data recording equipment; and authorized the purchase of fixed assets, as recommended by the Health Services Agency Director

46.   AUTHORIZED the Health Services Agency to submit a grant application to the State Department of Health Services for Health Resources and Services Administration (HRSA) Cooperative Agreement for fiscal year 2003 Local Funding for the National Hospital Bioterrorism Preparedness in the amount of $274,999, as recommended by the Health Services Agency Director

47.   ACCEPTED AND FILED report on water resource protection and management in Santa Cruz County and directed staff to provide a status report in January 2005, as recommended by the Health Services Agency Director

48.   ACCEPTED AND FILED report on Public Guardian Fees for probate conservatorships and directed the Human Resources Agency Director to continue reviewing potential options and incorporate any recommendations in the 2004-2005 budget, as recommended by the Human Resources Agency Director

49.   CONTINUED TO FEBRUARY 24, 2004 report on the formation of Volume II Task Force

50.   CONTINUED TO FEBRUARY 24, 2004 report on status of Green Valley Area Planning Issues and related actions

51.   DEFERRED action on contract for study of historical properties in Live Oak to February 10, 2004, as recommended by the Planning Director

52.   ACCEPTED improvement for the Soquel Drive Curb, Gutter and Sidewalk from Vienna Drive to Heather Terrace project; approved final cost in the amount of $357,578.63; and approved related action, as recommended by the Director of Public Works

53.   ADOPTED RESOLUTION NO. 18-2004 for acceptance of offers of dedication for the Seventh Avenue Road Improvement project, as recommended by the Director of Public Works

54.   AUTHORIZED distribution of Request for Proposals for Revegetation, Landscape Installation and Maintenance Services and directed Public Works to return on May 25, 2004, with a final consultant contract, as recommended by the Director of Public Works

55.   ADOPTED RESOLUTION NO. 19-2004 approving and accepting terms and conditions for the Live Oak Library Improvement project right-of-entry acquisition; make findings that the improvements are of benefit to the project area; authorized the Director of Public Works to sign right-of-entry document; and approved payment of claim, as recommended by the Director of Public Works

56.   APPROVED contract change order in the amount of $34,296.55 for the Bonny Doon Road Storm Damage Repair project; 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

57.   ACCEPTED AND FILED report on the funding status of the Soquel Drive at Winkle Avenue and Dover Drive traffic signals, as recommended by the Director of Public Works

58.   ADOPTED RESOLUTION NO. 20-2004 approving and accepting terms and conditions of the temporary construction easement contract for the Capitola Road Improvement Property acquisition; make findings that the improvements are of benefit to the project area; authorized the Director of Public Works to sign the contract; and approved payment of claim, as recommended by the Director of Public Works

59.   AS THE BOARD OF DIRECTORS OF THE FREEDOM SANITATION DISTRICT, APPROVED plans, specifications and engineer's estimate for the Calabasas Road Sewer Replacement project; authorized calling for bids; set the bid opening for 10:45 a.m. on February 24, 2004; and approved related actions, as recommended by the District Engineer

60.   ADOPTED RESOLUTION NO. 21-2004 approving and accepting terms and conditions of contracts and rights-of-entry for the Seventh Avenue Road Improvement Project - Phase II Eaton Street to Capitola Road; make findings that the improvements are of benefit to the project area; authorized the Director of Public Works to sign the contracts; and approved payment of claims, as recommended by the Director of Public Works

61.   APPROVED transfer of funds and authorized purchase of a recycling, self-contained, steam cleaning system for the Brommer Maintenance Yard in a not-to-exceed amount of $30,000, as recommended by the Director of Public Works

62.   DELETED ITEM

63.   APPROVED contract change order in the amount of $25,514.99 for the 2002/2003 Pavement Management Sealcoat project; 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

64.   ACCEPTED AND FILED the Annual Financial Reports of the Santa Cruz County Redevelopment Agency for the fiscal year ending June 30, 2003, as recommended by the Redevelopment Agency Director

65.   APPROVED independent contractor agreement with Pacific Watershed Associates in the not-to-exceed amount of $120,935 for consultant services for the Phase II - San Lorenzo River Road - Related Erosion Assessment and Prevention project, and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

66.   DEFERRED consideration of final recommendations regarding acceptance of the Coastal Conservancy funding agreement for the 26th Avenue Beach Access Stairway until February 10, 2004, as recommended by the Director of Parks, Open Space and Cultural Services

67.   ACCEPTED AND FILED report on Farm Worker Housing and approved related actions, as recommended by the Redevelopment Agency Executive Director

68.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of property acquisition in the amount of $250 for the Live Oak Library habitat restoration project and approved related actions, as recommended by the Redevelopment Agency Executive Director

69.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of property acquisitions in the amount of $105,900 for the 7th Avenue Improvement project and approved related actions, as recommended by the Redevelopment Agency Executive Director

70.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of a property acquisition settlement in the amount of $1,000 for the Capitola Road Improvement project and approved related actions, as recommended by the Redevelopment Agency Executive Director

70.1.   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.: In the Matter of the Application of California-American Water Company (U 210 W) for an order authorizing it to increase rates for water service in its Felton District to increase its revenues by $410,200 in the year 2003; $101,200 in 2004; and $31,000 in the year 2005

California Public Utilities Commission Application No. 02-09-0032

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organizations: Middle Management Association, District Attorney and Child Support Attorney Association and unrepresented employees designated as Executive Management

REPORT OF COUNTY COUNSEL - No report given

70.2.   ACCEPTED nomination of Thomas Dwyer for reappointment to the Board of Law Library Trustees for a term to expire December 31, 2004, with final appointment to be made February 3, 2004, as recommended by Supervisor Pirie

70.3.   DIRECTED the General Services Director, in consultation with the County Energy Commission, to develop a proposed County policy which would result in achieving greater fuel efficiency in County fleet vehicles, and return with a proposed policy on or before April 20, 2004, as recommended by Supervisors Campos and Wormhoudt

REGULAR AGENDA

71.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5, to convene and carry out a special meeting

72.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 7, to convene and carry out a regularly scheduled meeting

73.   CONSIDERED report on Hepatitis C and considered related actions;

1) accepted and filed report on Hepatitis C;

2) approved an addition to the County's Legislative Program related to adding Hepatitis C treatment to the Medi-Cal program for individuals who do not yet meet the definition of disabled, similar to other diseases;

3) directed the Health Services Agency to make available discounted laboratory services to the Center for Excellence for indigent patients, to assist the Center in seeking other sources of support, and to provide an update on the Center for Excellence and Hepatitis C on May 4, 2004 including an analysis and costs associated with treating different high-risk subgroups within the Hepatitis C population;

4) directed the Health Services Agency to investigate the CMSP funding option and report back on March 23, 2004;

6) authorized Public Health to apply for the Center for Healthcare Strategies, Inc. Grant in partnership with the Central Coast Alliance for Health;

7) directed the Health Department to continue to work with the Human Resources Agency to expand benefit advocacy to help get individuals who cannot work qualified for MediCal and Social Security disability;

8) directed the Health Services Agency to continue to work to identify grant funds for preventive services and bolster the prenatal care services for mothers who are intravenous drug users; with an additional direction that the Health Services Agency return on March 23, 2004 with an analysis of Dr. Young's proposal on "A Rational Approach to Treating Uninsured Persons With Chronic Hepatitis C in Santa Cruz County"
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74.   ACCEPTED AND FILED report on public inebriates and directed the Sheriff's Department and Health Services Agency to report back on February 24, 2004
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74.1.   DEFERRED TO MARCH 2, 2004 for further consideration ordinance adding and amending various sections of Chapter 9.48 of the Santa Cruz County Code relating to commercial vehicle limits; and additionally directed County Counsel to review the provisions as relative to the exceptions and staff to meet with the Supervisor, the affected residents, neighborhood representatives and farming industry representatives to see if an appropriate revision might be suggested at that time
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74.2.   ACCEPTED AND FILED annual report of the Building Board of Appeals Commission; with an additional direction staff provide a report February 24, 2004, to be placed on the consent agenda, which replies to David Smith's letter, a full report to Mr. Smith regarding his appeal filed in August 2003, and why it did not fall under the chapter relating to interpretations of the code and technical issues; additionally directed staff to report back on who is on the Building Board of Appeals Commission, what their slot is, and who prepared the Building Board of Appeals Commission 2003 Annual Report
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75.   RECEIVED bids regarding Kings Creek Road Bridge Replacement Project and referred to the Department Public Works to return on or before March 2, 2004 with recommendation on awarding of bid
PB(C)SW with Supervisor Campos abstaining because he owns stock in Granite Construction

76.   NO BIDS RECEIVED for the Modernization of Two Elevators Located at 1080 Emeline;

referred to the General Services Department to re-advertise for bids and set the bid opening for 10:45 A.M. on March 9, 2004, as recommended by the General Services Director
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PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS