Santa Cruz County Board of Supervisors Minutes: 3/23/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 10
Tuesday, March 23, 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: Item No. 66.1, 66.2 and 66.3
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twelve people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 9, 2004, as recommended by the Clerk of the Board

8.   SEE ITEM NO. 72.1 REGULAR AGENDA

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.   DEFERRED consideration of ordinance implementing the United Nations Convention on the Elimination of All Forms of Discrimination Against Women until April 27, 2004, as recommended by County Counsel

11.   REJECTED the claim of Jesus Medina Rios, No. 304-085A, and referred to County Counsel

12.   REJECTED the claim of Maria M. Rios, No. 304-085B, and referred to County Counsel

13.   REJECTED the claim of Anna P. Rios, No. 304-085C, and referred to County Counsel

14.   REJECTED the claim of Jennifer A. Donner, No. 304-088, and referred to County Counsel

15.   REJECTED the claim of Roxanne Cummings, No. 304-090, and referred to County Counsel

16.   REJECTED the claim of Thomas Lee Marquez, Jr., No. 304-091, and referred to County Counsel

17.   ADOPTED RESOLUTION NO. 76-2004 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 891, West Zayante - Morrison Annexation, as recommended by the County Administrative Officer

18.   ADOPTED RESOLUTION NO. 77-2004 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 892, Cunnison Lane Reorganization, as recommended by the County Administrative Officer

19.   ADOPTED RESOLUTION NO. 78-2004 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 893, Mattison Lane Reorganization, as recommended by the County Administrative Officer

20.   AUTHORIZED the Department of Public Works to purchase 12 posters for a cost of $144, as recommended by the County Administrative Officer

21.   ADOPTED RESOLUTION NO. 79-2004 accepting and appropriating $1,620,000 in Federal Hazard Mitigation Grant Funds for the Felton Grove Elevation project; and adopted RESOLUTION NO. 80-2004 accepting and appropriating $51,269 into the Emergency Services budget, as recommended by the Emergency Services Administrator

22.   APPROVED completion of the Sheet Metal Flashings Component of the Building Envelope Repairs project at the Health and Human Services Building at 1400 Emeline; approved additional costs associated with a contract change order in the amount of $2,483.48 and authorized the Director of General Services to sign the change order on behalf of the County; approved final cost in the amount of $178,614.48; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

23.   APPROVED plans and specifications for the 26th Avenue Beach Access Stairway; directed the General Services Department to advertise for bids; set the bid opening on April 20, 2004 at 10:45 a.m.; and approved related action, as recommended by the Director of General Services

24.   AWARDED contract to Monterey Peninsula Engineering, in the amount of $318,900 for the Rountree Water System Improvements project; authorized the General Services Director to sign the contract agreement; authorized the General Services Director to approve change orders; approved transfer of funds in the amount of $30,000 from the Construction and Demolition Recycling Program to the Contributions to Capital Projects within the Department of Public Works; and adopted RESOLUTION NO. 81-2004 accepting and appropriating unanticipated revenue in the amount of $355,000 in Capital Projects-Rountree Water Systems Improvement Project, as recommended by the Director of General Services

25.   APPROVED plans and specifications for the Pinto Lake County Park-Interim Use Dog Park; directed the General Services Department to advertise for bids; set the bid opening for 10:45 a.m. on April 20, 2004, as recommended by the Director of General Services

26.   ACCEPTED AND FILED report on the County's Worker's Compensation Third Party Claims Administrator selection process and directed the Personnel Department to take recommended actions and return to the Board on April 27, 2004, as recommended by the Personnel Director and Risk Manager

27.   ADOPTED RESOLUTION NO. 82-2004 determining disability retirement status of safety employee, as recommended by the Personnel Director

28.   ADOPTED RESOLUTION NO. 83-2004 accepting and appropriating unanticipated revenue in the amount of $32,332 from the Watsonville Police Department's Federal Title II Grant in support of identifying and apprehending high risk juvenile offenders and working with their families and the community to reduce recidivism, as recommended by the Chief Probation Officer

29.   ADOPTED RESOLUTION NO. 84-2004 approving membership and re-authorizing the Juvenile Justice Coordinating Council through June 30, 2005 and directed the Probation Department to return to the Board on or before April 27, 2004 with a report on the revisions to the Multi-Agency Juvenile Justice Plan and Funding Application for Board of Corrections Juvenile Justice Crime Prevention Act Program, as recommended by the Chief Probation Officer

30.   AUTHORIZED Detention Bureau purchase of fixed assets for the Main Jail with Supplemental Law Enforcement Funds in the amount of $5,900, as recommended by the Sheriff-Coroner

31.   APPROVED reappointment of Toni Campbell to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

32.   APPROVED reappointment of Patricia Morales and Barbara Joy Templeton to the Mental Health Advisory Board for terms to expire April 1, 2007, as recommended by Supervisor Beautz

33.   APPROVED appointment of Maria Stolz to the Human Services Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

34.   APPROVED appointment of Armand "Pete" Petri to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

35.   APPROVED appointment of Tricia Pastor to the Child Care Planning Council, as a discretionary appointee (Category 5) for a term to expire April 1, 2007, as recommended by Supervisor Pirie

36.   APPROVED appointment of Elizabeth Chavez to the Child Care Planning Council, as a community representative (Category 4), for a term to expire April 1, 2005, as recommended by Supervisor Campos

37.   APPROVED reappointment of Arcadio Viveros to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Campos

38.   APPROVED reappointment of Naomi Brauner to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Wormhoudt

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

40.   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

41.   APPROVED agreement with the Santa Cruz AIDS Project, effective January 1, 2004, in the amount of $22,688 for HIV education and prevention services and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

42.   SEE ITEM NO. 72.3 REGULAR AGENDA

43.   ACCEPTED AND FILED preliminary report on County Medical Services Program (CMSP) participation and directed the Health Services Agency to return with a further report on May 4, 2004, as recommended by the Health Services Agency Director

44.   APPROVED transfer of appropriations of $5,000 within the Health Services Agency budget; and authorized fixed asset purchase of two mobile computing systems, as recommended by the Health Services Agency Director

45.   ADOPTED RESOLUTION NO. 85-2004 accepting and appropriating $246,624 in unanticipated revenue from the State for the Nutrition Network Incentive Award program; approved agreement with Community Alliance with Family Farmers in the amount of $198,659; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

46.   REVIEWED AND ACCEPTED notice of Non-renewal of Open Space Easement on Assessor's Parcel Number 105-421-35, submitted by property owners, as recommended by the Planning Director

47.   ADOPTED RESOLUTION NO. 86-2004 for the Summary Vacation of the County's interest in a portion of Woodland Drive adjacent to Lot 23 of Block F of the Rowardennan Hotel and Riverside Subdivision, as recommended by the Planning Director

48.   SEE ITEM NO. 72.4 REGULAR AGENDA

49.   ACCEPTED AND FILED report on contract operation and billing for County Service Area (CSA) No. 7, Boulder Creek services and directed Public Works to return with a status report on May 18, 2004, as recommended by the Director of Public Works

50.   ACCEPTED low bid of Monterey Peninsula Engineering, Incorporated in the amount of $2,184,211 for the Seventh Avenue Improvements; authorized the award of the contract; made findings that the improvements are of benefit to the project area; adopted RESOLUTION NO. 87-2004 accepting and appropriating unanticipated revenue in the amount of $109,410 from the Santa Cruz City Water Department; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

51.   APPROVED plans and specifications and the engineer's estimate for the Harkins Slough Road Bridge at West Branch Struve Slough; authorized calling for bids; set the bid opening on May 4, 2004 at 10:45 a.m.; and approved related action, as recommended by the Director of Public Works

52.   APPROVED specifications and the engineer's estimate for the 2003/2004 Pavement Management Slurry Seal project; authorized calling for bids; set the bid opening on April 20, 2004 at 10:45 a.m.; and approved related action, as recommended by the Director of Public Works

53.   APPROVED Cooperative Agreement between the State of California and County of Santa Cruz for reimbursement to the County for engineering, construction, inspection, and administrative expenses associated with the retrofit of the Highway 17 retaining wall above the El Rancho Drive storm damage site; adopted RESOLUTION NO. 88-2004 authorizing the execution of the agreement; and approved related action, as recommended by the Director of Public Works

54.   APPROVED amendment to agreement with Ross Taylor and Associates for environmental consulting services for the Road Crossing and Salmonid Passage Assessment project by increasing compensation by $3,045 for a total not-to-exceed amount of $44,664.38; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

55.   ACCEPTED AND FILED report on the Storm Water Management Plan (SWMP), and directed Public Works to return to the Board on May 18, 2004 for final approval of the SWMP, prior to submittal to the California Regional Water Quality Control Board, as recommended by the Director of Public Works

56.   ADOPTED RESOLUTION NO. 89-2004 in support of the "Race Through The Redwoods" for August 15, 2004, and approved related action, as recommended by the Director of Public Works

57.   APPROVED final map of Tract 1447, Greystone Subdivision; authorized the Director of Public Works to sign the Subdivision Agreement; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

58.   ACCEPTED improvement for the Buena Vista Landfill Expansion, Module 4A project; approved final cost in the amount of $1,578,547.53; and authorized the Clerk of the Board to take related action, as recommended by the Director of Public Works

59.   ADOPTED RESOLUTION NO. 90-2004 in support of the "Felton Remembers Parade" for May 29, 2004 and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

59.1.   SEE ITEM NO. 72.2 REGULAR AGENDA

60.   AUTHORIZED payment in the amount of $5,027.50 to Bowman and Williams for services performed in the design of the Soquel Drive Curb, Gutter, and Sidewalk from Vienna Drive to Heather Terrace project, as recommended by the Director of Public Works

61.   DEFERRED report back on Santa Cruz County Code Chapter 9.56, Abandoned and Wrecked Vehicles to August 3, 2004, as recommended by the Director of Public Works

62.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ACCEPTED low bid of Pacific Underground Construction, of San Jose, California in the amount of $223,315 for the Calabasas Road Sewer Replacement project; authorized the award of contract; approved the transfer of $330,000 from contingencies to the Calabasas Road Sewer Replacement project; and authorized the District Engineer to sign the contract on behalf of the County, as recommended by the District Engineer

63.   APPROVED naming the sports field in Brommer County Park the Tim Jenkins Field, as recommended by the Parks Commission and the Director of Parks, Open Space and Cultural Services

64.   ADOPTED RESOLUTION NO. 91-2004 authorizing the Cultural Council of Santa Cruz County to be designated representative to the California Arts Council, as recommended by the Director of Parks, Open Space and Cultural Services

65.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of the Seventh Avenue Improvement project in the amount of $2,577,312.60 and approved related actions, as recommended by the Redevelopment Agency Executive Director

66.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Redevelopment Agency funding assistance in an amount not-to-exceed $147,000 for the Santa Cruz Community Counseling Center for Wheelock House Special Needs Housing project; adopted RESOLUTION NO. 92-2004 authorizing the Redevelopment Agency to apply for California Housing Finance Agency funds to assist the project; and approved related actions, as recommended by the Redevelopment Agency Executive Director

66.1.   APPROVED appointment of Barbara Sprenger to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Stone

66.2.   ADOPTED RESOLUTION NO. 93-2004 accepting and appropriating unanticipated revenue in the amount of $10,071 and authorized the Human Resources Agency Director to amend the contract with Salvation Army in the amount of $1,821 for additional emergency winter shelter services, as recommended by the Human Resources Agency Director

66.3.   ADOPTED RESOLUTION NO. 94-2004 accepting and appropriating unanticipated revenue in the amount of $2,318,100 to support various categorical aid programs, and approved transfer of appropriations, as recommended by the Human Resources Agency Director

67.   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.: Nancy Coe v. County of Santa Cruz

Santa Cruz County Superior Court No. CV 139334

Case Name/No: Maria Demarest v. County of Santa Cruz

Workers Compensation Appeals Board No. SAL 99451

Case Name/No.: Joe and Sylvie Mendes v. County of Santa Cruz

Santa Cruz County Superior Court Case No. CV 146070

Claim Name/No.: Lucyanne Kostreba v. County of Santa Cruz

Claim Nos. 1109122 and 5200596

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address and APN: 2200 and 2260 7th Avenue, Santa Cruz County, California; APN 026-062-97 and APN 026-461-02

Negotiating party (not agent): Scott Loichinger, Public Works

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

68.   Public hearing held to consider the Draft Housing Element;

(1) closed public hearing on the Draft Housing Element;

(2) adopted, "in concept", the Draft Housing Element; with the following changes: (a) amend policy 1.11 to return to the original language with the addition of meeting the minimal county requirements; (b) include in the Draft Housing Element updated vacancy rates if there is some reliable information; (c) delete policy 2.13; (d) authorize that the subcommittee of the Board meet with staff and HCD officials if they require to certify; (e) objective 3.7 change the word "affordable" to "diverse"; (f) County Counsel provide written opinion on the CEQA process and what that would be and on the issue of whether we can have the ability to give preference to certain people on tax defaulted property; (g) the language in objective 1.6, that reads "In-lieu fees shall only be allowed for very high priced market rate units where the fees will subsidize several lower income units" should be moved to objective 1.7;

(3) directed the Planning Department to submit the Draft Housing Element to the California Department of Housing and Community Development (HCD) for review;

(4) and directed staff to return at a future public hearing following receipt of HCD's comments to take final action on adopting the Housing Element;
PCbSW

69.   CONSIDERED report of County Counsel regarding support of San Francisco's litigation regarding Same Gender Marriages;

accepted and filed report on support of San Francisco's litigation regarding Same Gender Marriages
PBCSW

70.   CONSIDERED resolution of intention to levy new benefit assessment within Mosquito and Vector Control, County Service Area (CSA) No. 53 and considered related actions;

(1) ADOPTED RESOLUTION NO. 95-2004 of Intention to preliminarily approve the Engineer's report for the Mosquito and Disease Control Assessment District, levy a new annual benefit assessment within the current service area of CSA 53, call for the mailing of ballots and set June 8, 2004 for the public hearing;

(2) ADOPTED RESOLUTION NO. 96-2004 Ballot Proceedings Procedure;

(3) authorized the Agricultural Commissioner to sign an amendment to the Independent Contractors Agreement dated November 4, 2003 with Shilts Consultants, Inc. for an amount not to exceed $35,650, for balloting and first year administration of the assessment;

(4) authorized the Agricultural Commissioner to select an independent firm for tabulating proposed assessment ballots at a cost not to exceed $3,500;

(5) directed the Agricultural Commissioner to return in May 2004 with a report on the cities interest in annexation, and recommendations on how to proceed;

(6) accepted and filed report
CPBSW

71.   APPROVED reappointment of Rama Khalsa, Cecilia Espinola, and Maria Castro to the First 5 Commission, as at-large representatives pursuant to County Code Section 2.45.040, for terms to expire April 1, 2005
CBPSW

72.   APPROVED various appointments to the Long Term Care Interagency Commission, as at-large representatives in the categories indicated, for terms to expire April 1, 2008
CBPSW

72.1.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 11, 2004 through March 17, 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
BCPSW

72.2.   DIRECTED Public Works to negotiate an extension of the agreement with Waste Management of Santa Cruz County for refuse, recycling and yard waste collection services; with the additional direction that staff provide breakout costs for the service expansion and improvements as listed in the letter of March 17, 2004
BCPSW

72.3.   ACCEPTED AND FILED report on Hepatitis C treatment and directed the Health Services Agency to report back on County responsibilities under Welfare and Institutions Code Section 17000 on April 20, 2004, as recommended by the Health Services Agency Director
CPBSW

72.4.   APPROVED contract for an amount not-to-exceed $11,150 with Chris Wortman Excavation for abatement of a structure at 136 View Circle; authorized the Planning Director to take related actions; and report back on May 25, 2004 with a subsequent report for addressing the illegal fill on the Tate property, as recommended by the Planning Director
PBCSW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS