Santa Cruz County Board of Supervisors Minutes: 4/20/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 11
Tuesday, April 20, 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. 77.1, 77.2, 77.3, and 77.4; Deleted Item Nos. 63 and 77; Additions to the Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIATION Initiation of litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - one person addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 16, 2004 and March 23, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 18, 2004 through April 14, 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.   DENIED the application to file a late claim on behalf of Benjamin Kaplan, No. 304-093, and referred to County Counsel

11.   REJECTED the claim of Clive Frank Boustred, No. 304-094A, and referred to County Counsel

12.   REJECTED the claim of Richard Clive Boustred, No. 304-094B, and referred to County Counsel

13.   REJECTED the claim of William Frank Boustred, No. 304-094C, and referred to County Counsel

14.   REJECTED the claim of InfoTelesys, Incorporated Nevada, No. 304-094D, and referred to County Counsel

15.   REJECTED the claim of Get IT Real, Incorporated Nevada, No. 304-094E, and referred to County Counsel

16.   REJECTED the claim of InfoTelesys, Incorporated Nevis, No. 304-094F, and referred to County Counsel

17.   REJECTED the claim of Live, Incorporated Nevis, No. 304-094G, and referred to County Counsel

18.   REJECTED the claim of Christ's Gold, Corporation Nevis, No. 304-094H, and referred to County Counsel

19.   REJECTED the claim of Kompomash, No. 304-094I, and referred to County Counsel

20.   REJECTED the claim of Mega Micro Technology International (MMTI), No. 304-094J, and referred to County Counsel

21.   REJECTED the claim of Carmen Rocha, No. 304-098, and referred to County Counsel

22.   APPROVED agreement with State Department of Finance to accept a grant of $565,328 from the State/County Property Tax Administration Program for 2004/2005, as recommended by the County Assessor

23.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $1,926.70 to replace specified uncashed and staledated warrants, as recommended by the Auditor-Controller

24.   AUTHORIZED the Auditor to transfer specified unclaimed property tax refunds in the total amount of $3,961.03 to the General Fund, as recommended by the Auditor-Controller

25.   ACCEPTED AND FILED Statement of Count of Money in Treasury at December 17, 2003, as recommended by the Auditor-Controller

26.   ACCEPTED AND FILED report on Port District's Request for County assistance with harbor dredging issues and requested the Chairperson of the Board forward a response to the Port District, as recommended by the County Administrative Officer

27.   ACCEPTED the Statement of Vote for the March 2, 2004 Presidential Primary Election and declared the winners for each contest under your jurisdiction, pursuant to Elections Code Section 15400, as recommended by County Clerk

28.   ADOPTED RESOLUTION NO. 97-2004 accepting and appropriating unanticipated revenue in the amount of $172,727; awarded contract to Thyssenkrupp Elevator in the amount of $323,195 for the Modernization of Two Elevators located at 1080 Emeline Avenue project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; and authorized the General Services Director to approve change orders and encumber $28,660, in addition to the contract amount, to cover other expenditures as required; and approved related action, as recommended by the Director of General Services

29.   APPROVED update to the County Procedures Manual adding Section 304 Fuel Efficiency Policy for County Vehicles and directed the Clerk of the Board to incorporate the changes into the manual, as recommended by the Director of General Services

30.   APPROVED completion of the Parking Lot Paving Project at 265 Water Street; approved additional costs associated with a contract change order and authorized the Director of General Services to sign the change order on behalf of the County; adopted RESOLUTION NO. 98-2004 accepting and appropriating unanticipated revenue in the amount of $4,406; approved final cost of $59,774; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

31.   APPROVED plans and specifications for the Main Jail Fire Alarm System Upgrade; directed the General Services Department to advertise for bids; and set the bid opening at 10:45 a.m. on May 18, 2004, as recommended by the Director of General Services

32.   APPROVED plans and specifications for the Live Oak Library Lagoon Restoration project; directed the General Services Department to advertise for bids; and set the bid opening at 10:45 a.m. on May 18, 2004, as recommended by the Director of General Services

33.   APPROVED amended Bylaws of the Santa Cruz County Energy Commission, as recommended by the Director of General Services and the Energy Commission

34.   APPROVED corrected Notice of Completion for the Sheet Metal Flashings Component of the Building Envelope Repairs Project at the Health and Human Services Building at 1400 Emeline and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

35.   APPROVED gross pay adjustment in the amount of $930.60 for a position in the Information Services Department Telecommunications Division, as recommended by the Information Services Department Director

36.   AUTHORIZED the Information Services Director to sign an amendment to the existing contract with CMS Communications, Incorporated to amend the duties, term and compensation, and approved payment of $135,163.32 for the period of April 1, 2004 through March 31, 2005, as recommended by the Information Services Department Director

37.   ACCEPTED AND FILED report on the Flexible Spending Account Program, and directed staff to survey all Regular County employees and return on September 14, 2004 with the results, as recommended by the Personnel Director

38.   ADOPTED RESOLUTION NO. 99-2004 determining disability retirement status of safety employee, as recommended by the Personnel Director

39.   ADOPTED RESOLUTION NO. 100-2004 accepting and appropriating $7,000 from the Pajaro Valley Prevention and Student Assistance (PVPSA) SAFE Program grant funds into the Probation Grants Index for fiscal year 2003/2004, as recommended by the Chief Probation Officer

40.   AUTHORIZED the Chief Probation Officer to execute an amendment to the Revenue Agreement with Santa Cruz County Office of Education and a revised Revenue Agreement with Unity Care Group, Incorporated in the amount of $7,500 each for prorated rent on Probation's leased property on East Lake Avenue in Watsonville, as recommended by the Chief Probation Officer

41.   AUTHORIZED the Auditor-Controller to distribute excess proceeds from the March 14, 2003 public auction as recommended and directed the County Tax Collector to notify, by first class mail, postage prepaid, all claimants, as recommended by the Treasurer-Tax Collector

41.1.   APPROVED appointment of Joseph (Jerry) Burke to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

42.   APPROVED appointment of Kimberly Camacho to the Women's Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

43.   APPROVED the proposed Conflict of Interest Code as submitted by the Highway 1, Construction Authority, as recommended by Supervisor Pirie

44.   APPROVED appointment of Charlene Ebey to the Animal Nuisance Abatement Appeals Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

45.   ACCEPTED nomination of Michael Bethke for appointment to the Integrated Waste Management Local Task Force, as the alternate to the County's at-large representative, for a term to expire January 7, 2005, with final appointment to be made April 27, 2004, as recommended by Supervisor Pirie

46.   APPROVED appointment of Warren Koenig to the Water Advisory Commission for a term to expire April 1, 2007 as recommended by Supervisor Campos

47.   ADOPTED RESOLUTION NO. 101-2004 in support of Assembly Bill 2013 eliminating the finger imaging requirement for food stamps and Assembly Bill 2200 requiring breakfast at all California public schools and directed the Clerk of the Board to distribute the RESOLUTION NO. 102-2004 as indicated, as recommended by Supervisor Wormhoudt

48.   DIRECTED the County Administrative Officer to provide a report to the Board, on or before May 25, 2004, regarding budget related options which may be available to County government, as outlined, as recommended by Supervisor Wormhoudt

49.   ACCEPTED AND FILED annual report of the Hazardous Materials Appeals Commission, as recommended by Chair Wormhoudt

50.   ACCEPTED notification of vacancy on the Housing Authority Board of Commissioners, for an at-large member appointed by the Board of Supervisors based on a nomination from the Santa Cruz City Council, with nominations for appointment to be received on May 4, 2004, and final appointment to be made May 18, 2004, as recommended by Chair Wormhoudt

51.   ACCEPTED notification of vacancy on the Water Advisory Commission, for an at-large representative of public water purveyors, with nominations for appointment to be received on May 4, 2004, and final appointment to be made May 18, 2004, as recommended by Chair Wormhoudt

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

53.   ACCEPTED notification of vacancy on the Monterey Bay Unified Air Pollution Control District Hearing held Board, for a Physician representative, and directed the Clerk of the Board to post the vacancy, with nominations to be considered by the Board on May 4, 2004, as recommended by Chair Wormhoudt

54.   APPROVED appointment of Kaylor Shemberger to the Emergency Medical Care Commission, as the at-large representative of Watsonville Community Hospital, for a term to expire April 1, 2007, as recommended by Chair Wormhoudt

55.   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

56.   APPROVED deferral of the Section 1700 requirements as it relates to Hepatitis C to the May, 4, 2004 Board agenda, as recommended by the Health Services Agency Director

57.   APPROVED the 2004 Health Services Agency Agreement with Salud Para La Gente, Incorporated for a maximum amount of $209,000 for renovation and start-up expenses related to a new Adult Day Health Center in Watsonville and authorized the Health Services Agency Director to sign; approved amendments to Community Bridges and Salud Para La Gente contracts with the Human Resources Agency to transfer the funding and service obligations necessary for the Elderday transfer; authorized the Human Resources Agency Director to sign; and approved related actions; with an additional direction for a report back at budget time on whether there are needs and sources for additional funding to help Salud Para La Gente with improvement costs related to the new Adult Day Health Center in Watsonville

58.   APPROVED contract amendment with Pajaro Valley Prevention and Student Assistance, Incorporated for Youth Development/Crime Prevention Services and approved related actions, as recommended by the Human Resources Agency Director

59.   ACCEPTED AND FILED status report on the Highway 1 Construction Authority Budget and Transition Plan and directed the Department of Public Works to return to the Board on October 2004 for an update on the status of the Highway 1 Construction Authority, as recommended by the Director of Public Works

60.   APPROVED amendment to agreement with California Grey Bears increasing compensation by $30,500 for recycling services at the Buena Vista Landfill and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

61.   ACCEPTED improvement for the Bonny Doon Road Storm Damage Repair project; approved final cost in the amount of $122,905.55; and approved related action, as recommended by the Director of Public Works

62.   ACCEPTED improvement for the Mattison Lane Curb, Gutter & Sidewalk Improvement project; approved final cost in the amount of $98,447.16; and approved related action, as recommended by the Director of Public Works

63.   DELETED ITEM

64.   APPROVED road closures and permit for the May 2, 2004 Davenport Cinco De Mayo celebration, and approved related action, as recommended by the Director of Public Works

65.   APPROVED road closure for the Boulder Creek Parade; adopted RESOLUTION NO. 103-2004 requesting that the California Department of Transportation allow the parade to be held; and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

66.   ADOPTED RESOLUTION NO. 104-2004 setting May 18, 2004 at 9:00 a.m. or thereafter as the date and time for a public hearing on the proposed benefit assessment/service charge reports for various County Service Areas (CSA); directed the Clerk of the Board to take related action; and adopted RESOLUTION NO. 105-2004 Confirming Previously Established Benefit Assessments for CSA No. 26, Hidden Valley, Zones A-G; adopted RESOLUTION NO. 106-2004 Confirming Previously Established Benefit Assessments for CSA No. 35, Country Estates; adopted RESOLUTION NO. 107-2004 Confirming Previously Established Benefit Assessments for CSA No. 43, Bonita Encino; and adopted RESOLUTION NO. 108-2004 Confirming Previously Established Benefit Assessments for CSA No. 57S, Graham Hill (Woods Cove), as recommended by the Director of Public Works

67.   ACCEPTED AND FILED report on the FishNet 4C cooperative operations and maintenance manual "Guidelines for Protecting Aquatic Habitat and Salmon Fisheries for County Road Maintenance" and directed Public Works to return on or before December 14, 2004 with the final draft of the manual, as recommended by the Director of Public Works

68.   ACCEPTED improvement for the 2002/2003 Pavement Management Sealcoat project; approved final cost in the amount of $408,183.93; and approved related action, as recommended by the Director of Public Works

69.   ACCEPTED improvement for the Huckleberry Woods - County Service Area (CSA) No. 15 Road Maintenance project; approved final cost in the amount of $31,658.90; and approved related action, as recommended by the Director of Public Works

70.   APPROVED Amendment No. 3 to Cooperative Agreement between the State of California and County of Santa Cruz for the Ben Lomond Highway 9 Safety and Streetscape project, and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

71.   ADOPTED RESOLUTION NO. 109-2004 accepting and appropriating unanticipated revenue in the amount of $25,000 for residential engineering services in the Department of Public Works, as recommended by the Director of Public Works

72.   SEE ITEM NO. 89.1 REGULAR AGENDA

73.   SCHEDULED a public hearing on Tuesday, June 8, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider adoption of new franchise refuse, recycling and yard waste collection service rates, and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

74.   ACCEPTED AND FILED report on the El Rancho Drive Storm Damage Repair at Highway 17 - Beulah Park Undercrossing and directed Public Works to report back to the Board on or before May 25, 2004, with completed plans and specifications for the construction of a new bridge to span the storm damaged segment of El Rancho Drive and the retrofit of the Highway 17 retaining wall, as recommended by the Director of Public Works

75.   ACCEPTED AND FILED status report on East Cliff Drive between 33rd and 36th Avenues regarding emergency conditions, as recommended by the Director of Public Works

76.   ADOPTED RESOLUTION NO. 110-2004 of intention to declare property in Seacliff an underground utility district; schedule a public hearing on Tuesday, May 18, 2004 at 9:00 a.m. or thereafter; and approved related action, as recommended by the Director of Public Works

77.   DELETED ITEM

77.1.   APPROVED contract with Wilson and Associates to provide technical services to assist with the procurement and implementation of a Countywide Automated Fingerprint Identification System (AFIS) in the not-to-exceed amount of $42,700; authorized the Sheriff-Coroner to sign the contract on behalf of the County; and adopted RESOLUTION NO. 111-2004 accepting and appropriating unanticipated revenue from the Automated Fingerprint Identification (RAN) Trust Fund in the not-to-exceed amount of $42,700, as recommended by the Sheriff-Coroner

77.2.   ADOPTED RESOLUTION NO. 112-2004 accepting a $30,000 gift from the Ambassador Bill and Jean Lane Fund and the Melvin B. and Joan F. Lane Fund for interpretive staff salary and installation of a small apple orchard and berry patch at Quail Hollow Ranch County Park, as recommended by the Director of Parks, Open Space and Cultural Services

77.3.   RATIFIED AND APPROVED Mutual Aid and Cooperation Agreement with the San Lorenzo Valley Water District relating to analysis of possible funding and acquisition of the Felton water system, as recommended by County Counsel

77.4.   DIRECTED Planning staff to make clarifications to the Housing Action Program under Section 4.7.3 of the draft Housing Element, Goal 1 concerning priority for developers of affordable housing to purchase tax defaulted property and directed County Counsel to provide a written opinion to the Board concerning CEQA compliance on or before May 7, 2004, as recommended by County Counsel

78.   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.: Michael McMillan v. County of Santa Cruz

Workers Compensation Appeals Board Nos. SJO 214473, 235895, 214470, 214469

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

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 LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units and Unrepresented Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

79.   Presentation of Green Business Program award certificates and decals made to seven vehicle service facilities in Santa Cruz County

80.   Presentation made recognizing members of the community participating in the Volunteer Initiative Program

81.   CONSIDERED Status Report on the 2004/2005 Proposed State Budget;

1) accepted and filed report;

2) adopted RESOLUTION NO. 113-2004 in support of the California State Association of Counties (CSAC) Alternative Budget Proposal for 2004-05 and directed the Clerk of the Board to forward the resolution to our State legislators;

3) requested the Chair of the Board to send a letter to our State legislators asking for their assistance in securing the release of health and social service realignment funding to counties; and

4) directed the County Administrative Office to continue to monitor 2004-05 State Budget developments and take related actions, including providing Status Reports on the 2004-05 State Budget in the cover letter to the 2004-05 Proposed County Budget on May 18, 2004 and the 2004-05 Supplemental Budget in mid-June 2004
PBCSW

82.   CONSIDERED request to withdraw Application 01-0173 for a rezoning to the Timber Production (TP) zone district; Assessor's Parcel Number: 089-121-82 and 83; Applicant: Gary Paul; Owner: Bringhurst LLC;

1) removed application 01-0173 from the April 20, 2004 Agenda; and

2) directed the Planning Department to process the withdrawal
PBCSW

83.   RESCHEDULED the public hearing of April 20, 2004 to consider draft ordinances from independent fire districts adopting the Urban Wildland Intermix Code to May 4, 2004
CPBSW

84.   CONSIDERED report on health insurance enrollment for children and the implementation of the One-E-App and related actions;

accepted and filed report; approved the implementation of One-E-App; and directed staff to return with appropriate contracts for approval
CPBSW

85.   CONSIDERED Ordinance amending Section 2.120.020 of the Santa Cruz County Code relating to the Membership of the Fire Department Advisory Commission;

approved "in concept" ordinance amending Section 2.120.020 of the Santa Cruz County Code Relating to Membership of the Fire Department Advisory Commission to return on April 27, 2004 for final adoption
PSBCW

86.   CONSIDERED Ordinance adding and amending various sections of Chapter 9.28 of the County Code relating to stop intersections;

approved "in concept" ordinance adding and amending various sections of Chapter 9.28 of the County Code relating to stop intersections to return on April 27, 2004 for final adoption
BPCSW

87.   RECEIVED bids regarding Pinto Lake County Park - Interim Use Dog Park Project and referred to General Services to return on or before May 18, 2004 with a recommendation on awarding of bid
BP/C/SW

88.   RECEIVED bids regarding 26th Avenue Beach Access Stairway Project and referred to General Services to return on or before May 18, 2004 with a recommendation on awarding of bid
BP/C/SW

89.   RECEIVED bids regarding 2003/2004 Pavement Management Slurry Seal Project and referred to the Department of Public Works to return on or before April 27, 2004 with a recommendation on awarding of bid
BCPSW

89.1.   APPROVED reimbursement between the City of Santa Cruz Water Department and the County of Santa Cruz to reimburse the County for the costs related to the City of Santa Cruz Water Department items on the Seventh Avenue Improvements project; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works
BSPCW

WRITTEN CORRESPONDENCE LISTING: The Written Correspondence Listing is established to act as a report of materials received by the Board as a whole but may also include items requested for inclusion by individual Supervisors. Upon completion of any actions deemed necessary (i.e. acknowledgment, referral, etc.), these items are included in the Written Correspondence Listing under the appropriate heading. While these items are not part of the official record of meetings of the Board of Supervisors, they will be maintained by the Clerk of the Board for a period of two years, after which time they may be destroyed after the County's Historic Resources Commission has been provided an opportunity for review.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS