Santa Cruz County Board of Supervisors Minutes: 2/10/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 5
Tuesday, February 10, 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 No. 47.1; Deleted Item No. 47, Closed Personnel and Litigation: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIATION: Case Name/No.: Arreola, et al v. County of Monterey, et al. Monterey County Superior Court Case No. 105611 CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Director of Personnel All Bargaining Units and Unrepresented Employees
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 27, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of January 29, 2004 through February 4, 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.   REJECTED the claim of Matthew Hartogh, No. 304-070, and referred to County Counsel

11.   REJECTED the claim of Rachel Banuelos for Anthony Rodriguez, Anthony Rodriguez, No. 304-071, and referred to County Counsel

12.   INSTRUCTED the Auditor to issue a replacement warrant in the amount of $4,467.61 to replace a specified uncashed and staledated warrant, as recommended by the Auditor-Controller

13.   ADOPTED RESOLUTION NO. 29-2004 accepting and appropriating unanticipated revenue in the amount of $7,000 into the County Administrative Office Budget Index for services associated with the Sanctuary Scenic Trail project, as recommended by the County Administrative Officer

14.   APPROVED denial of Governmental Contract Claim of IntelliTime Systems Corporation (January 15, 2004) pursuant to Santa Cruz Code Section 1.05.110, as recommended by County Counsel and the Auditor-Controller

15.   ADOPTED RESOLUTION NO. 30-2004 declaring elected the unopposed Central Committee and County Council candidates who have filed Declarations of Candidacy for the March 2, 2004 Primary Election, as recommended by the County Clerk-Recorder

16.   APPROVED gross pay adjustment in the amount of $743.08 for an employee in the Sheriff's Office, as recommended by the Sheriff-Coroner

17.   ACCEPTED AND FILED Treasury Oversight Commission Compliance audit for the year ended June 30, 2003, as recommended by the Treasurer-Tax Collector

18.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending December 31, 2003, as recommended by the Treasurer-Tax Collector

19.   APPROVED and adopted the 2004 Santa Cruz County Investment Policy, as recommended by the Treasurer-Tax Collector

20.   APPROVED appointment of Carole Birndorf to the Mental Health Advisory Board, in the category of "person with experience and knowledge of the mental health system," for a term to expire April 1, 2005, as recommended by Supervisor Pirie

21.   ACCEPTED nomination of Foster N. Anderson for appointment to the In-Home Supportive Services Advisory Commission, as an at-large representative of consumers, for a term to expire April 1, 2004, with final appointment to be made February 24, 2004, as recommended by Supervisor Wormhoudt

22.   APPROVED appointment of Laura C. Kuhn to the Workforce Investment Board, as the at-large representative of the City of Scotts Valley, for a term to expire June 30, 2004, as recommended by Chair Wormhoudt

23.   ACCEPTED AND FILED annual report of the Technical Advisory Group on Ambulance Contract Compliance, as recommended by Chair Wormhoudt

24.   ACCEPTED AND FILED annual report of the Treasury Oversight Commission, and approved related action, as recommended by Chair Wormhoudt

25.   ACCEPTED AND FILED annual report of the Alcohol and Drug Abuse Commission, and approved related action, as recommended by Chair Wormhoudt

26.   ACCEPTED AND FILED annual report of the Fire Department Advisory Commission, and approved related action, as recommended by Chair Wormhoudt

27.   ACCEPTED AND FILED annual report of the Equal Employment Opportunity Commission, and approved related action, as recommended by Chair Wormhoudt

28.   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

29.   ADOPTED RESOLUTION NO. 31-2004 accepting and appropriating unanticipated revenue in the amount of $145,000 into the Health Services Agency budget for inception of Lease Purchase Agreement; authorized lease purchase of two hematology analyzers in an amount not-to-exceed $145,000 and approved related action, as recommended by the Health Services Agency Director

30.   DEFERRED report back on the use of the Alliance for transportation to the Cabrillo Stroke Center to the February 24, 2004 meeting, as recommended by the Health Services Agency Director

31.   ADOPTED RESOLUTION NO. 32-2004 authorizing the Health Services Agency Director to execute agreement with State Water Resources Control Board for a Mini-Loan Program for Upgrade of Individual Onsite Sewage Disposal Systems in the San Lorenzo River Watershed; adopted RESOLUTION NO. 33-2004 accepting and appropriating $468,500 in unanticipated revenue for the San Lorenzo Watershed Septic Loan Program; approved agreement with Amerinational Community Services, Incorporated to administer the San Lorenzo Watershed Septic Loan Program; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

32.   AUTHORIZED the Human Resources Agency to work with the Auditor-Controllers' Office to take any necessary actions to accept and expend sponsorship payments related to the Workforce Investment Board's (WIB) Youth Council Poster Fair and the In-Home Supportive Services (IHSS) Advisory Commission/IHSS Public Authority education event; and authorized the WIB and the IHSS Public Authority to make use of any excess revenues generated for further educational programs sponsored by the WIB and the IHSS Public Authority respectively, as recommended by the Human Resources Agency Director

33.   SCHEDULED a public hearing on Tuesday, March 2, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider ordinance amendments to Chapters 12.28, 12.30, 13.10, 13.11, 13.14, 13.20, 14.01, 15.01, 15.10, 16.10, 17.02, and 18.10 of the Santa Cruz County Code to make minor technical changes, as recommended by the Planning Director

34.   SCHEDULED a public hearing on Tuesday, March 9, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider Application No. 03-0276 (Seacliff Highlands) and directed the Clerk of the Board to take related action, as recommended by the Planning Director

35.   ADOPTED RESOLUTION NO. 34-2004 accepting and appropriating unanticipated revenue in the amount of $15,000; approved contract with CIRCA: Historic Property Development for surveys and evaluations of the historic significance of certain properties in the Live Oak Planning area and authorized the Planning Director to sign, as recommended by the Planning Director

36.   APPROVED the South County Permit Center lease extension and approved related actions, as recommended by the Planning Director

37.   ADOPTED RESOLUTION NO. 35-2004 approving and accepting terms and conditions of the contract for the Capitola Road Improvement project property acquisition; made 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

38.   APPROVED plans and specifications and the engineer's estimate for the Seventh Avenue Improvements Eaton Street to Capitola Road; authorized calling for bids; set the bid opening for 10:45 a.m. on March 9, 2004; and approved related action, as recommended by the Director of Public Works

39.   APPROVED Contract Change Order in the amount of $18,749.85 for the China Grade Storm Damage Repair project; 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

40.   CONTINUED TO FEBRUARY 24, 2004 consideration to adopt resolution of intention to declare property in Seacliff an underground utility district

41.   ACCEPTED AND FILED report on the Buena Vista Landfill Gas Power project and directed Public Works to return with final project recommendations as soon as a power sales agreement is reached; with an additional direction that staff report back at budget time on the status of working toward a power sales agreement

42.   APPROVED appointment of Paul Brennan to the Soquel Village Parking and Business Improvement Area (PBIA) for a four year term to expire April of 2007, as recommended by the Redevelopment Agency Executive Director

43.   CONTINUED TO FEBRUARY 24, 2004 consideration to approve amendment to Lewis Tree Service contract to increase compensation in the amount of $20,000 for a new total not-to-exceed $40,000 in fiscal year 2003/2004

44.   DIRECTED the Parks Department to report back on or before March 2, 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

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing for the Study of Historical Properties in Live Oak for an amount not-to-exceed $15,000 and approved related actions, as recommended by the Redevelopment Agency Executive Director

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of a property acquisition settlement in the amount of $8,150 for the Capitola Road Improvement project and approved related actions, as recommended by the Redevelopment Agency Executive Director

47.   DELETED ITEM

47.1.   APPROVED independent contractor agreements with Williams Tree Service, Incorporated and Coast Tree Service, both in the not-to-exceed amount of $20,000 per year for emergency tree removal, tree trimming and stump grinding; authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

REGULAR AGENDA

48.   Public hearing held to consider approval of the Harkins Slough Road Bridge and Road Improvement Project (Application Nos. 01-0447 and 01-0094) and certification of the project Environmental Impact Report (EIR);

1) closed public hearing;

2) certified the Environmental Impact Report for the Harkins Slough Road Bridge and Road Improvement Project at the West Branch of Struve Slough based on the Findings included as Attachment 8;

3) approved Application 01-0447 according to the Findings in Attachments 1 - 3 and subject to the conditions in Attachment 4; and,

4) approved Application 01-0094 according to the Findings in Attachments 5 and 6, and subject to the conditions in Attachment 7; with additional directions to: (a) add one more permit condition to both of the project approvals that reads as follows: "a one foot non-access strip completely surrounding the potable water pipeline and waste water pipeline serving the high school shall be established and depicted on the improvement plans for this project. The purpose of this non-access strip is to prohibit any future pipeline attachments and or extensions to the affected pipelines"; (b) approve the Mitigation Monitoring Plan (attachment 11); and (c) direct Public Works to return in March or April 2004 with specific options for the bridge railing for the Boards consideration and the options should not be limited to the two Caltran's options
CPBSW

49.   CONSIDERED report on long-term financing for Pajaro River Levee Reconstruction project and associated maintenance costs including Statement of Necessary Work by the Department of Water Resources (DWR) under relinquishment and approved related actions;

1) accepted and filed report;

2) modified recommendation No. 2 to read as follows: set March 16, 2004, at 7:00 p.m. or thereafter, in the Watsonville City Council Chambers, as the date and time for a public hearing on the selection of a Locally Preferred Project for the Pajaro River Levee Reconstruction Project;

3) directed staff to return with a recommendation and to schedule a public hearing to consider relinquishment issues after the State has established the Maintenance Area Boundary; with additional directions that the Clerk of the Board publish the Notice of Public Hearing ten days prior to the March 16, 2004 hearing date and directed Department of Public Works to file a protest of the State Department of Water Resources (DWR) Statement of Budget and Interim Maintenance Plan and provide public notice of State hearing
PCBSW

50.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, CONSIDERED report on long-term financing for Pajaro River Levee Reconstruction project and associated maintenance costs including Statement of Necessary Work by the Department of Water Resources (DWR) under relinquishment and approved related actions;

1) accepted and filed report;

2) modified recommendation No. 2 to read as follows: set March 16, 2004, at 7:00 p.m. or thereafter, in the Watsonville City Council Chambers, as the date and time for a public hearing on the selection of a Locally Preferred Project for the Pajaro River Levee Reconstruction Project;

3) directed staff to return with a recommendation and to schedule a public hearing to consider relinquishment issues after the State has established the Maintenance Area Boundary; with additional directions that the Clerk of the Board publish the Notice of Public Hearing ten days prior to the March 16, 2004 hearing date and directed Department of Public Works to file a protest of the State Department of Water Resources (DWR) Statement of Budget and Interim Maintenance Plan and provide public notice of State hearing
PCBSW

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CONSIDERED report on long-term financing for Pajaro River Levee Reconstruction project and associated maintenance costs including Statement of Necessary Work by the Department of Water Resources (DWR) under relinquishment and approved related actions;

1) accepted and filed report;

2) modified recommendation No. 2 to read as follows: set March 16, 2004, at 7:00 p.m. or thereafter, in the Watsonville City Council Chambers, as the date and time for a public hearing on the selection of a Locally Preferred Project for the Pajaro River Levee Reconstruction Project;

3) directed staff to return with a recommendation and to schedule a public hearing to consider relinquishment issues after the State has established the Maintenance Area Boundary; with additional directions that the Clerk of the Board publish the Notice of Public Hearing ten days prior to the March 16, 2004 hearing date and directed Department of Public Works to file a protest of the State Department of Water Resources (DWR) Statement of Budget and Interim Maintenance Plan and provide public notice of State hearing
PCBSW

52.   CONSIDERED report on second units and direct Planning Staff to process ordinance amendments to change the processing procedures for second units;

1) accepted and filed report; and

2) directed staff to take the proposed amendments to the attached Second Unit Ordinance to the Planning Commission for consideration
BPCSW

53.   CONSIDERED report on adoption of the Urban Wildland Intermix Code;

1) accepted and filed report;

2) directed the Emergency Services Administrator to convey the Board members comments to the County Fire Chiefs for their further action;

3) directed the Emergency Services Administrator to return on March 9, 2004 with final ordinance language and other implementing actions as necessary to adopt the Urban Wildland Intermix Code for the County Fire Department; with an additional direction that staff communicate with the Fire Chiefs, the Board's intent that the uniform procedure would return
BCPSW

54.   RECEIVED bids regarding Rountree Water System Improvements Project and referred to the General Services Department to return on or before March 2, 2004 with recommendation on awarding of bid
PBCSW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS