Santa Cruz County Board of Supervisors Minutes: 4/27/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 12
Tuesday, April 27, 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.		CONSIDERATION OF LATE ADDITIONS TO THE CONSENT AGENDA: Added Item No. 49.4: It is requested that the Board of Supervisors determine by four-fifths vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: PUBLIC HEARING CONCERNING MINOR AMENDMENTS TO COUNTY CODE VOLUME II: The continued public hearing was inadvertently omitted from today's agenda and was discovered after the posting of the agenda. In order to ensure that the public has received adequate notice of the public hearing date, the Planning Department is recommending that the Clerk of the Board re-notice the public hearing for the May 18, 2004 agenda ADDITIONS TO THE CONSENT AGENDA: Added Item Nos. 49.1, 49.2 and 49.3 DELETIONS FROM THE CLOSED PERSONNEL AND LITIGATION SESSION: Deleted from Item No. 50: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Case Name/No.: County of Santa Cruz v. E.A. Hathaway & Company, et al San Mateo Superior Court Case No. 415538
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.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 15, 2004 through April 21, 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.   CONTINUED TO MAY 4, 2004 consideration to adopt Ordinance Adding and Amending Various Sections of Chapter 9.28 of the Santa Cruz County Code Relating to Stop Intersections

11.   CONTINUED TO MAY 4, 2004 consideration to adopt Ordinance Amending Section 2.120.020 of the Santa Cruz County Code Relating to Membership of the Fire Department Advisory Commission

12.   REJECTED the claim of Laura Hoffman, No. 304-096, and referred to County Counsel

13.   SEE ITEM NO. 54.3 REGULAR AGENDA

14.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $1,797.04 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

15.   ACCEPTED the Statement of Vote for the April 13, 2004 County Service Area No. 11L, Lompico Community Zone of Benefit Special Election, and declared the results of the Measure G Election, pursuant to Elections Code Section 15400, as recommended by the County Clerk

16.   ACCEPTED AND FILED report on the Convention on the Elimination of All Forms of Discrimination Against Women, and approved related actions, as recommended by County Counsel

17.   ADOPTED RESOLUTION NO. 114-2004 authorizing the District Attorney to submit a Joint Powers Agreement in the amount of $221,511 and adopted RESOLUTION NO. 115-2004 authorizing the District Attorney to submit an agreement for processing of funeral/burial and domestic violence relocation expenses in the amount of $40,000 with the State Victim Compensation and Government Claims Board for fiscal year 2004/2005, as recommended by the District Attorney

18.   APPROVED a $5,000 increase in an independent contractor agreement with the Elevator Service Company for fiscal year 2003/2004 to cover costs for additional maintenance and repair services, as recommended by the Director of General Services

19.   SEE ITEM NO. 54.4 REGULAR AGENDA

20.   DECLARED used County vehicles to be surplus to County needs and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

21.   ADOPTED RESOLUTION NO. 116-2004 authorizing District Attorney volunteer attorneys to be treated like employees for the purposes of Workers' Compensation benefits, as recommended by the Personnel Director

22.   ADOPTED RESOLUTION NO. 117-2004 determining disability retirement status of safety employee, as recommended by the Personnel Director

23.   DELETED ITEM

24.   ADOPTED RESOLUTION NO. 118-2004 approving the Santa Cruz County Comprehensive Multi-Agency Juvenile Justice Plan Modification for fiscal year 2004/2005, and approved related actions, as recommended by the Chief Probation Officer

25.   ACCEPTED Treasurer's monthly Cash Report and Transaction Report for the period ending March 31, 2004 and approved related action, as recommended by the Treasurer-Tax Collector

26.   APPROVED appointment of Katie LeBaron to the Child Care Planning Council, as a discretionary representative, for a term to expire April 1, 2005, as recommended by Supervisor Stone

26.1.   DIRECTED Public Works to provide a report to the Board on May 25, 2004, regarding the development of procedures to implement modifications to the County's abandoned vehicle abatement program, as outlined, as recommended by Supervisor Stone

27.   ACCEPTED notification of at-large vacancy on the Managed Medical Care Commission, for a provider representative of a non-governmental community clinic, with nominations for appointment to be received on May 18, 2004, and final appointment to be made May 25, 2004, as recommended by Chair Wormhoudt

28.   DIRECTED the Chair to convey the County's concern about the United States Department of Housing and Urban Development budget proposal for fiscal year 2005 to the County's federal legislative delegation, as outlined, as recommended by Chair Wormhoudt

29.   APPROVED agreement with Hospitalist Management Resources, LLC in the amount of $35,000 for a study of hospital utilization for low income patients and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

30.   APPROVED the 2004/2005 Substance Abuse and Crime Prevention Act of 2000 (Proposition 36) County Plan and authorized the Health Services Agency Director to sign it and any minor amendments, as recommended by the Health Services Agency Director

31.   APPROVED extension of one Health Services Manager position in the Health Services Agency to June 30, 2004, as recommended by the Health Services Agency Director

32.   DELETED ITEM

33.   CONTINUED TO MAY 18, 2004 report on earlier Discretionary Land Use Application notification

34.   SEE ITEM NO. 54.1 REGULAR AGENDA

35.   ACCEPTED AND FILED report on proposed change to County Code Volume II relating to incentives for historic preservation and approved related actions, as recommended by the Planning Director

36.   ACCEPTED AND FILED status report on the Integrated Watershed Restoration Program and directed the Department of Public Works to return August 10, 2004 with a progress report, as recommended by the Director of Public Works

37.   ADOPTED RESOLUTION NO. 119-2004 of Intention to purchase real property located at 2200 and 2260 Seventh Avenue, Santa Cruz from the Santa Cruz County Animal Welfare Association, Incorporated (SPCA) for $2,150,000, based on an independent appraisal, less deductions for animal care and services, disallowed costs and hazard mitigations in the amount of $489,377, for a total payment of $1,660,623; authorized the use of 2002 Refunding Certificates of Participation to finance the purchase; and directed the Clerk of the Board to advertise and schedule a public hearing for May 18, 2004 to consummate the purchase, as recommended by the Director of Public Works

38.   ACCEPTED low bid from Graham Contractors, Incorporated for the 2003/2004 Pavement Management Slurry Seal project in the amount of $159,946.83; authorized award of contract; authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

39.   APPROVED independent contractor agreement with Granite Rock for chip seal rock delivery in the not-to-exceed amount of $20,000 for the 2003/2004 Pavement Management Chip Seal project; approved amendment to agreement with Reed and Graham, Incorporated for the 2003/2004 Pavement Management Chip Seal project for spreading costs associated with the placement of asphalt emulsion in the increased amount of $20,000 for a not-to-exceed amount of $54,375, as recommended by the Director of Public Works

40.   APPROVED Program Supplement for $336,000 in federal reimbursement for the Quail Hollow Road Bridge Replacement project; adopted RESOLUTION NO. 120-2004 authorizing execution of the agreement between the State of California and the County of Santa Cruz; authorized the Director of Public Works to sign the agreement on behalf of the County; and approved related actions, as recommended by the Director of Public Works

41.   SEE ITEM NO. 54.2 REGULAR AGENDA

42.   APPROVED road closure for the Aptos 4th of July Parade and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

43.   APPROVED road closure and La Selva Beach 4th of July Parade, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

44.   APPROVED amendment to agreement with Sanders and Associates Geostructural Engineering, Incorporated for the East Cliff Drive Bluff Restoration project, increasing the amount by $139,200 for a total not-to-exceed amount of $322,700 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

45.   APPROVED use of prior year funds in the amount of $39,619.96 and authorized payment of the Department of Transportation invoice in the amount of $64,560 for the Union Pacific Railroad Crossing at State Park Drive Improvement project, as recommended by the Director of Public Works

45.1.   DEFERRED consideration of report on Harkins Slough Road Bridge railing options and directed Public Works to return on May 4, 2004, with a final report on alternate railing design options, as recommended by the Director of Public Works

46.   SCHEDULED a public hearing on Tuesday, June 8, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider financing and findings related to the construction of the Live Oak Library project; and directed the Clerk of the Board to complete the required notice, as recommended by the Redevelopment Agency Executive Director

47.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED status report on the Agency's First Time Home Buyer Program and approved related actions, as recommended by the Redevelopment Agency Executive Director

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $139,200 for an amendment to the agreement with Sanders and Associates Geostructural Engineering, Incorporated for the East Cliff Drive Bluff Stabilization project and approved related actions, as recommended by the Redevelopment Agency Executive Director

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED a $1,000 contribution to California Rural Legal Assistance, Incorporated to support a one day workshop which will focus on federal and state fair housing laws, as recommended by Supervisor Campos

49.1.   APPROVED purchase of fixed assets in the amount of $18,561 and approved transfer of appropriations in the amount of $3,000, as recommended by the Human Resources Agency Director

49.2.   SEE ITEM NO. 51.1 REGULAR AGENDA

49.3.   ADOPTED RESOLUTION NO. 121-2004 supporting the passage of Assembly Bill 2726 regarding attorneys' fees and mobilehome rent control ordinances, and approved related action, as recommended by Supervisor Beautz

49.4.   REQUESTED the Board of Supervisors determine by four-fifths vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

PUBLIC HEARING CONCERNING MINOR AMENDMENTS TO COUNTY CODE VOLUME II

The continued public hearing was inadvertently omitted from today's agenda and was discovered after the posting of the agenda. In order to ensure that the public has received adequate notice of the public hearing date, the Planning Department is recommending that the Clerk of the Board re-notice the public hearing for the May 18, 2004 agenda
BPCSW

50.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address (APN if no street address): APN 026-111-03

Negotiating parties (not agents): Betsy Lynberg, Redevelopment Agency

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

51.   Public hearing held to consider parking maintenance and operating charges for the Soquel Village Parking and Business Improvement District for 2004/2005 fiscal year;

(1) conducted public hearing on the proposed parking maintenance and operation charges for the Soquel Village Parking and Business Improvement Area for fiscal year 2004-2005;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 122-2004 Establishing the Annual Assessment Charges for the Soquel Village Parking and Business Improvement Area for the 2004-2005 fiscal year
BS/P/CW

51.1.   ACCEPTED AND FILED report on the County Clerk's Certificate of Examination Relating to the Petition to Repeal the County's 911 Fee and took no further action; with an additional direction that staff report back at Budget Hearings regarding a senior exemption for low-income seniors on this ordinance
BCPSW

52.   APPROVED appointment of Michael Bethke 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
PCBSW

53.   CONSIDERED status report on Juvenile Detention, Court Commitments and Detention Alternatives and related actions;

accepted and filed report and directed the Chief Probation Officer to provide a quarterly status report for the June 15, 2004 Board Agenda
PCBSW

54.   CONSIDERED the Clinic Operations Management Improvement Report and related actions;

accepted and filed report on Clinic Operations Management Improvement and directed the Health Services Agency to report back with further progress on October 5, 2004
CPBSW

54.1.   CONTINUED TO MAY 18, 2004 report requiring written complaints for land use violations; including the following report backs: (1) what the telephone protocol will be during open hours as far as emergency complaints; (2) what the actual procedure is for keeping confidential information; (3) and return at Budget Hearings with an appropriate procedure to handle weekend complaints
BPCSW

54.2.   CONTINUED TO MAY 4, 2004 consideration to authorize the Director of Public Works to make a partial release of Faithful Performance Security submitted for Tract 1419 Mar Sereno Estates
PCBSW

54.3.   ADOPTED RESOLUTION NO. 123-2004 accepting and appropriating unanticipated revenue in the amount of $98,152 into the Agricultural Commissioner budget and adopted RESOLUTION NO. 124-2004 accepting and appropriating unanticipated revenue in the amount of $21,000 into the General Services - Fleet Division budget, and approved purchase of fixed assets, as recommended by the Agricultural Commissioner
CPBSW

54.4.   APPROVED plans and specifications for the Live Oak Library; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on May 25, 2004, as recommended by the Director of General Services
BCPSW

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