Santa Cruz County Board of Supervisors Minutes: 3/9/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 8
Tuesday, March 9, 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.		Supervisor Pirie absent
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to the Consent Agenda: Item No. 25: additional item to Closed Personnel and Litigation Session: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Case Name/No.: Maria Demarest v. County of Santa Cruz Workers Compensation Appeals Board No. SAL 99451; Deletions to the Consent Agenda: Item No. 25, deleted from the Closed Personnel and Litigation Session: CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: Director of Personnel, All Bargaining Units and Unrepresented Employees
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of February 24, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 26, 2004 through March 3, 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 Ramon Ceras, No. 304-080, as insufficiently filed, and referred to County Counsel

11.   REJECTED the claim of Carol Williams, No. 304-086A, and referred to County Counsel

12.   REJECTED the claim of Carol Williams, No. 304-086B, and referred to County Counsel

13.   ADOPTED ORDINANCE NO. 4757 Repealing Chapter 2.44 of the Santa Cruz County Code Relating to Children and Youth Commission

14.   SCHEDULED a hearing on Tuesday, May 4, 2004 at 9:00 a.m. or thereafter as the date and time to discuss the consolidation of the Treasurer-Tax Collector and Auditor-Controller functions under the office of director of finance, and directed the Clerk of the Board to provide notice of this discussion to the public, as recommended by the County Administrative Officer

15.   APPROVED contract and Operational Agreement with the California Department of Forestry for fire protection services in County Service Areas 4 and 48 during fiscal year 2003/2004 in the amount of $2,453,160; adopted RESOLUTION NO. 50-2004 certifying the Board's approval of the Agreement; and approved related actions, as recommended by the Emergency Services Administrator

16.   ADOPTED RESOLUTION NO. 51-2004 accepting and appropriating $5,282 in CERT/Citizen Corps grant funds and authorized the Emergency Services Administrator to reimburse local agencies, as recommended by the Emergency Services Administrator

17.   APPROVED and adopted the revised General Services Department Conflict of Interest Code/Statement of Incompatible Activities, as recommended by the Director of General Services

18.   DEFERRED recommendation of award for the Rountree Water System Improvements project until the bid protest is heard, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 52-2004 accepting and appropriating unanticipated revenue in the amount of $2,747 to complete the purchase of a Mobile Car Video System for a total amount of $24,527, as recommended by the Sheriff-Coroner

20.   CONTINUED TO MARCH 16, 2004 consideration to direct the Planning Department to assess the inventory of all properties in the unincorporated areas, currently vacant and underutilized, located within the Urban Service Line, regardless of the existing zoning and General Plan designation, where there is potential to develop 30 or more residential units either in a single or adjacent properties

20.1.   APPROVED appointment of Angela Gengler to the Parks and Recreation Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

21.   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

22.   APPROVED transfer of $8,960 in the General Assistance budget, as recommended by the Human Resources Agency Director

23.   ACCEPTED improvement for the Hutchinson Road - County Service Area (CSA) No. 13 Slipout Repair project; approved final cost in the amount of $297,968; and approved related action, as recommended by the Director of Public Works

24.   APPROVED Contract Change Order No. 1 in the amount of $11,000 for the Sudden Oak Death Hazardous Tree Removal Project - Phase II; authorized the Chairperson of the Board to sign the change order on behalf of the County; adopted RESOLUTION NO. 53-2004 accepting and appropriating unanticipated revenue in the amount of $63,129.50; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

25.   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.: Big Creek Lumber Co., et al. v. County of Santa Cruz, et al. Sixth District Court of Appeal No. H023778

Claim Name/No. Jayme Bizoso-Velez, Claim No. 5201541

Case Name/No.: Maria Demarest v. County of Santa Cruz Workers Compensation Appeals Board No. SAL 99451

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

26.   CONSIDERED adoption of a resolution urging the defeat of the proposed Federal Marriage Amendment which would prohibit same gender marriages;

(1) directed the Chair to write a letter to the County Clerk requesting and encouraging him to issue marriage licenses, perform civil ceremonies, and register marriage certificates for same gender couples;

(2) agreed to join the City and County of San Francisco's suit against the State of California seeking to legalize same gender marriages and directed the County Counsel to report back on March 23, 2004, regarding the most effective way to do this;

(3) ADOPTED RESOLUTION NO. 54-2004 opposing the constitutional amendment banning same gender marriages
(1) SCb/P/W
(2) SCB/P/W
(3) SCB/P/W

27.   Public hearing held to consider Application No. 03-0276, a proposal for a 40-unit affordable project; the property is located northwest of the Searidge Road and McGregor Drive intersection in the Seacliff area of Aptos; no situs; Assessor's Parcel No.: APN 038-081-34; Owner: South County Housing; Applicant: South County Housing/RJA & Associates;

(1) opened public hearing;

(2) continued to March 16, 2004
SB/P/CW

28.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED TO MARCH 16, 2004 consideration of financing for the Seacliff Highlands Housing project in the amount of $2,559,700
BC/P/SW

29.   CONSIDERED report on the Central Coast Alliance for Health budget issues and related actions;

accepted and filed report on the Central Coast Alliance for Health budget issues and directed the Health Services Agency to work with the Alliance and to report back on June 8, 2004
BC/P/SW

30.   CONSIDERED report on public inebriates;

accepted and filed report on public inebriates and directed staff to return on May 4, 2004 with a report back on the serial inebriate program
BC/P/SW

31.   CONSIDERED adoption, in concept, of an ordinance amending Title 7 of the Santa Cruz County Code by amending Chapter 7.92 and adding Chapter 7.93 to adopt the Urban Wildland Intermix Code and defer final reading of the ordinance pending submittals from each participating fire agency and related actions;

(1) reviewed the proposed Urban Wildland Intermix ordinance (Attachment 1);

(2) adopted the ordinance language "in concept" and deferred final reading of the ordinance pending submittals from each participating fire agency;

(3) directed the Emergency Services Administrator to return for Board comment upon completion of the Districts' draft ordinances; and

(4) accepted and filed report;

(5) with the following changes to page 190, Attachment 2, Tentative Schedule for Adoption of the 2004 Urban Wildland Intermix Code (UWIC): to verify that the Fire District board meetings are actually going to be public hearings; add as noticed public hearings the meetings of April 20, 2004 and May 18, 2004 on the Board of Supervisors' agenda; and May 18, 2004 would be the final review; and if there is a great deal of public interest, to spread out these meetings and give people more time for comment; and include written language on the April 20, 2004 meeting, which clarifies what water supply means in the ordinance
BC/P/SW

32.   RECEIVED bids regarding Seventh Avenue Improvements Eaton Street to Capitola Road and referred to the Department of Public Works to return on or before March 23, 2004 with a recommendation on awarding of bid
BS/P/(C)W (Supervisor Campos abstained, because he owns stock in Granite Construction)

33.   RECEIVED bids regarding Modernization of Two Elevators Located at 1080 Emeline and referred to the General Services Department to return on or before April 20, 2004 with a recommendation on awarding of bid
CB/P/SW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS