Santa Cruz County Board of Supervisors Minutes: 2/24/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 6
Tuesday, February 24, 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 to the Consent Agenda: ADDED: additional items to Item No. 55: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION: Case Name/No.: UACC Midwest, Inc. and United Cable Television of Santa Cruz, Inc. v. City of Santa Cruz, County of Santa Cruz Northern District Federal Court No. C-84-7546 SI; Case Name/No: Charter Communications v. County of Santa Cruz Northern District Federal Court Case No. C-99-1874 EAL; and Item No. 55.1; deletions to the Consent Agenda: DELETED: from Item No. 55: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION: Claim Name/No.: Aaron Copeland, Claim No. 5201045; and Item No. 48
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twenty-six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of February 3, 2004 and February 10, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 5, 2004 through February 18, 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 Granite Construction Company, No. 304-074, and referred to County Counsel
P(C)BSW (Supervisor Campos abstained because he owns stock in Granite Construction)

11.   REJECTED the claim of Madeline K. Elsea Lee, No. 304-075, and referred to County Counsel

12.   APPROVED gross pay adjustment in the amount of $708.22 for an employee in the Assessor's Office, as recommended by the County Assessor

13.   ACCEPTED AND FILED Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ended June 30, 2003, as recommended by the Auditor-Controller

14.   APPROVED Revised Agreement between the City of Watsonville, the Watsonville Redevelopment Agency, and the County of Santa Cruz for expanded court facilities as part of the Watsonville Civic Plaza project; adopted RESOLUTION NO. 36-2004 in accordance with Health and Safety Code 33445 confirming approval of the Restated Agreement and making a determination that the County has no other reasonable means of financing that portion of the County Space to be paid for by the Watsonville Redevelopment Agency other than by such payment by the Agency; and approved related actions, as recommended by the County Administrative Officer

15.   ADOPTED RESOLUTION NO. 37-2004 amending Resolution No. 247-76 to update Section 165.1 ELECTIONS (SPECIAL PAY) of Santa Cruz County's Personnel Manual, as recommended by the County Clerk-Recorder and the Personnel Director

16.   AUTHORIZED the County Fire Chief to submit a grant application to the Volunteer Fire Assistance Program for funding in the amount of $14,750 to purchase equipment for the County Fire Department, as recommended by the Emergency Services Administrator

17.   ADOPTED RESOLUTION NO. 38-2004 accepting and appropriating $11,013 in 2003 CERT grant funds and authorized the Emergency Services Administrator to execute the grant documents, as recommended by the Emergency Services Administrator

18.   APPROVED transfer of grant funds in the amount of $2,723.26 and authorized the purchase of one public safety mobile radio, as recommended by the Emergency Services Administrator

19.   CONTINUED TO MARCH 9, 2004 consideration to approve and adopt the revised General Services Department Conflict of Interest Code/Statement of Incompatible Activities

20.   APPROVED gross pay adjustment of $754.58 for a Sheriff's Correctional Officer, as recommended by the Sheriff-Coroner

21.   APPROVED transfer of funds in the amount of $32,000 from Detention Bureau salaries and benefits to services and supplies to cover costs of Court Security contract services, as recommended by the Sheriff-Coroner

22.   ACCEPTED Treasurer's Monthly Cash Report and Transaction Report for the period ending January 1, 2004 and approved related action, as recommended by the Treasurer-Tax Collector

23.   DIRECTED the Chair to write to the County's State and federal representatives and request their further support of the items identified in the 2004 Library Legislative Program, as recommended by Supervisors Beautz and Stone

24.   APPROVED appointment of Donna Ziel as the Alternate to Supervisor Stone on the Santa Cruz County Regional Transportation Commission, as recommended by Supervisor Stone

25.   ACCEPTED notification of at-large vacancy on the Workforce Investment Board, for a representative of labor organizations, with nominations for appointment to be received on March 9, 2004, and final appointment to be made March 16, 2004, as recommended by Chair Wormhoudt

26.   APPROVED amended bylaws of the Treasury Oversight Commission, as recommended by Chair Wormhoudt

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

28.   ACCEPTED AND FILED annual report of the Public Health Commission, and approved related action, as recommended by Chair Wormhoudt

29.   ACCEPTED AND FILED annual report of the Latino Affairs Commission, and approved related action, as recommended by Chair Wormhoudt

30.   ACCEPTED AND FILED annual report of the On-Site Sewage Disposal Technical Advisory Committee, as recommended by Chair Wormhoudt

31.   ACCEPTED AND FILED annual report of the Environmental Health Appeals Commission, as recommended by Chair Wormhoudt

32.   ACCEPTED notification of various at-large vacancies on the First 5 Commission, with nominations for appointment to be received on March 9, 2004, and final appointments to be made March 16, 2004, as recommended by Chair Wormhoudt

33.   ACCEPTED notification of various at-large vacancies on the Long Term Care Interagency Commission, with nominations for appointment to be received on March 9, 2004, and final appointments to be made March 16, 2004, as recommended by Chair Wormhoudt

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.   ACCEPTED AND FILED By-Law change for the Public Health Commission, as recommended by the Health Services Agency Director

36.   APPROVED agreement with Salud Para La Gente, Incorporated for Vaccine for Children Project, in the amount of $76,000 and approved related actions, as recommended by the Health Services Agency Director

37.   APPROVED various agreements for youth alcohol and drug prevention services funded by the California Safe and Drug Free Schools and Communities Program and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

37.1.   ACCEPTED AND FILED report on Extended Clinic Hours Pilot Program and approved related actions, including a further report at budget hearings, as recommended by the Health Services Agency Director

38.   ACCEPTED AND FILED report on the impacts on transportation issues for the Cabrillo Stroke Center, and directed staff to support the Alliance and Stroke Center on the new health education incentive system, as recommended by the Health Services Agency Director

39.   ACCEPTED AND FILED report on status of Green Valley Area Planning Issues and approved related action, as recommended by the Planning Director

40.   ACCEPTED AND FILED report on the Building and Fire Code Appeals Board Annual Report and approved related actions, as recommended by the Planning Director

41.   ACCEPTED AND FILED report on the status of the Planning Commission's review of RMC Pacific Materials/Davenport Cement Plant operating permit No. 88-0188, as recommended by the Planning Director

42.   SEE ITEM NO. 65.2 REGULAR AGENDA

43.   SCHEDULED a public hearing on Tuesday, March 16, 2004 on the morning agenda, at 9:00 a.m. or thereafter to consider Application 01-0041, a proposal to rezone two vacant parcels (portions of Assessor's Parcel Numbers 040-281-01, 02 and 03) from the Special Use (SU) zone district to the Timber Production (TP) zone district; requires a Rezoning; property is located on the north side of Sequoia Way about 1,000 feet north from Cathedral Drive and just north of 221 Sequoia Drive, Aptos, as recommended by the Planning Director

44.   ACCEPTED improvement for the Lomond Terrace Improvement Project 2003, County Service Area (CSA) No. 28; approved final cost in the amount of $18,303; and approved related action, as recommended by the Director of Public Works

45.   DEFERRED TO MARCH 16, 2004 report on alternative traffic calming devices

46.   ACCEPTED AND FILED report on the Aptos Village Traffic Study, and directed Public Works to submit the draft Aptos Village Traffic Study to the Planning Department for inclusion into the Aptos Village Specific Plan environmental documentation, as recommended by the Director of Public Works

47.   ADOPTED RESOLUTION NO. 39-2004 approving and accepting terms and conditions of the contracts and rights-of-entry for the Seventh Avenue Road Improvement Project - Phase II Eaton Street to Capitola Road; made 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

48.   DELETED ITEM

49.   APPROVED contract change order No. 2 in the amount of $22,064.46 for the Buena Vista Landfill Gas Management System, Modules 3 and 6; authorized the Chairperson to sign the change order on behalf of the County; and approved related action, as recommended by the Director of Public Works

50.   APPROVED contract change order No. 3 in the amount of $23,640.53 for the Buena Vista Landfill Expansion, Module 4A 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

51.   ADOPTED RESOLUTION NO. 40-2004 authorizing the Department of Public Works to submit a grant application for the Wilder Ranch Bikeway, Phase II project for the 2004/05 through 2008/09 Transportation Enhancement Activities Program, as recommended by the Director of Public Works

51.1.   SEE ITEM NO. 65.1 REGULAR AGENDA

52.   APPROVED 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 and authorized the Director of the Department 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

52.1.   ACCEPTED AND FILED report on the design of the Ben Lomond Dam Fish Passage and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

53.   SCHEDULED public hearings on Tuesday, March 16, 2004, on the morning agenda at 9:00 a.m. or thereafter and on Tuesday, April 27, 2004 on the morning agenda at 9:00 a.m. or thereafter to consider the proposed parking maintenance and operation charges for the Soquel Village Parking and Business Improvement Area for 2004/2005 fiscal year and directed the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Executive Director

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of property acquisitions for the 7th Avenue Improvement Project in the amount of $62,375 and approved related actions, as recommended by the Redevelopment Agency Executive Director

55.   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.: County of Santa Cruz v. Redevelopment Agency of the City of Capitola Santa Cruz County Superior Court No. CV 146817

Case Name/No.: Big Creek Lumber Company, et al. v. County of Santa Cruz, et al. Sixth District Court of Appeal No. H023778

Case Name/No.: UACC Midwest, Inc. and United Cable Television of Santa Cruz, Inc. v. City of Santa Cruz, County of Santa Cruz Northern District Federal Court No. C-84-7546 SI

Case Name/No.: Charter Communications v. County of Santa Cruz Northern Federal Court Case No. C-99-1874 EAL

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units and Unrepresented Employees

REPORT OF COUNTY COUNSEL - In the matter of the County of Santa Cruz v. Redevelopment Agency of the City of Capitola Santa Cruz County Superior Court Case No. CV 146817, the Board of Supervisors, with Supervisor Campos being absent, voted unanimously to settle this litigation with the City of Capitola Redevelopment Agency in the sum of $12,257.35
BP/C/SW

55.1.   DIRECTED County Counsel to review a draft ordinance prepared by the Women's Commission supporting The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and return to the Board on March 23, 2004, with a recommendation regarding the implementation of such an ordinance in Santa Cruz County, as recommended by Supervisor Campos

REGULAR AGENDA

56.   Continued to March 23, 2004 public hearing on the County's Draft Housing Element; with additional direction that the Board receive the corrected copy of the Draft Housing Element by the beginning of next week
BPCSW

57.   Continued to March 16, 2004 public hearing on the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services; with additional written response to be submitted by Bill Marticorena prior to March 16, 2004
BPCSW

58.   CONSIDERED status report on the Proposed 2004/2005 State Budget; request the Chair of the Board write a letter to our State legislators opposing the Governor's proposed reduction in TANF funding for juvenile justice services; and adopt resolution in support of Propositions 57 and 58, the California Economic Recovery Bond Act and the California Balanced Budget Act on the March 2, 2004 primary election ballot;

1) accepted and filed status report on the Proposed 2004-05 State Budget;

2) requested the Chair of the Board to write a letter to our State legislators and Governor Schwarzenegger opposing the Governor's proposed reduction in Temporary Assistance to Needy Families (TANF) funding for juvenile justice services;

3) motion failed to adopt resolution in support of proposition 57 and 58, the California Economic Recovery Bond Act and the California Balanced Budget Act on the March 2, 2004 primary election ballot; and

4) by consensus added to staff recommendation a direction for staff to return on April 27, 2004 with a status report on the State budget
(1) PB/C/SW
(2) PB/C/SW
(3) Pb/C/sw

59.   CONSIDERED report on the Children and Youth Commission and a proposed ordinance repealing Chapter 2.44 of the Santa Cruz County Code relating to the Children and Youth Commission;

1) accepted and filed report on the Children and Youth Commission; and

2) approved "in concept" ordinance repealing Chapter 2.44 of the Santa Cruz County Code relating to the Children and Youth Commission to return on March 9, 2004 for final adoption
PB/C/SW

60.   CONTINUED TO MARCH 2, 2004 report on public inebriates and related actions
BP/C/SW

61.   APPROVED appointment of Foster N. Andersen to the In-Home Supportive Services Advisory Commission, as an at-large representative of consumers, in accordance with County Code Section 2.124.040, for a term to expire April 1, 2005
PB/C/SW

62.   Presented Employee Recognition Awards and Proclamations to the Year 2003 Employee Award Winners

63.   RECEIVED bids regarding Felton Covered Bridge Park Play Area and referred to the General Services Department to return on or before March 16, 2004 with recommendation on awarding of bid
BP/C/SW

64.   RECEIVED bids regarding Mesa Village Park-Play Area Improvements and referred to the General Services Department to return on or before March 16, 2004 with recommendation on awarding of bid
BP(C)SW (Supervisor Campos abstained because he owns stock in Granite Construction)

65.   RECEIVED bids regarding Calabasas Road Sewer Replacement Project and referred to the Department of Public Works to return on or before March 23, 2004 with recommendation on awarding of bid
PPB(C)SW (Supervisor Campos abstained because he owns stock in Granite Construction)

65.1.   FOUND Drexal Power, Incorporated in default of contract number 33037 for the Buena Vista Landfill Entrance Facility Improvements, Phase I; terminated control of the project work by Drexal Power, Incorporated; authorized the Director of Public Works to take control of the project work; and approved related actions, as recommended by the Director of Public Works
BP/C/SW

65.2.   ACCEPTED AND FILED report on formation of Volume II Task Force; with an additional direction for a report back on August 10, 2004
PB/C/SW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS