Santa Cruz County Board of Supervisors Minutes: 5/4/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 13
Tuesday, May 4, 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.		Deletions to the Consent Agenda: Item No. 35 Deletions from the Closed Session Agenda: Deleted from Item No. 40, CLOSED PERSONNEL AND LITIGATION SESSION: 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 Case Name/No.: Arreola, et al. v. County of Monterey, et al. Monterey County Superior Court Case No. 105611 EXECUTIVE SESSION AS THE IHSS PUBLIC AUTHORITY BOARD: CONFERENCE WITH LABOR NEGOTIATOR IHSS Public Authority Negotiator: Director of Personnel Employee Organization: IHSS Public Authority Employees
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of April 20, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 22, 2004 through April 28, 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.   ADOPTED ORDINANCE NO. 4759 Adding and Amending Various Sections of Chapter 9.28 of the County Code Relating to Stop Intersections

11.   ADOPTED ORDINANCE NO. 4760 Amending Section 2.120.020 of the Santa Cruz County Code Relating to Membership of the Fire Department Advisory Commission

12.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $424.52 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

13.   ADOPTED RESOLUTION NO. 125-2004 determining disability retirement status of safety employee Aaron Copeland; and adopted RESOLUTION NO. 126-2004 determining disability retirement status of safety employee Lucyanne Kostreba, as recommended County Counsel

14.   AUTHORIZED the Emergency Services Administrator to submit an application for $1,061,368 in 2004 State Homeland Security Grant funds and approved related actions, as recommended by the Emergency Services Administrator

15.   ADOPTED RESOLUTION NO. 127-2004 accepting and appropriating $13,996 in Federal Emergency Management Performance grant funds, as recommended by the Emergency Services Administrator

16.   APPROVED contract with SBC Datacomm in the amount of $18,844 and authorized the Information Services Director to sign the agreement to finance maintenance for the central switch and routers attached to the County's wide-area network, as recommended by the Director of Information Services

17.   APPROVED agreement for Worker's Compensation Claims Administration Services and approved related actions, as recommended by the Personnel Director

18.   AUTHORIZED the Sheriff-Coroner to enter into a master agreement with various nurse examiners to conduct sexual assault examinations at Dominican and Watsonville Hospitals for the Sexual Assault Nurse Examiners Program for a total amount of $25,957.80 through June 30, 2004, as recommended by the Sheriff-Coroner

19.   ADOPTED RESOLUTION NO. 128-2004 supporting Assembly Bill 2611; adopted RESOLUTION NO. 129-2004 supporting Assembly Bill 2783; and adopted RESOLUTION NO. 130-2004 supporting Assembly Bill 2791, designed to combat the growing problem of elder abuse in California, and directed the Clerk of the Board to take related action, as recommended by Supervisor Pirie

20.   DIRECTED the Chair to write to the Monterey Bay Unified Air Pollution Control District Board of Directors and convey the nomination of Dr. James MacDonald for reappointment to the District's Hearing Board, as recommended by Supervisor Campos

21.   ACCEPTED nomination of Chris Berry for appointment to the Water Advisory Commission, as an at-large representative of public water purveyors, for a term to expire April 1, 2007, with final appointment to be made May 18, 2004, as recommended by Supervisor Stone

22.   ADOPTED RESOLUTION NO. 131-2004 in support of Senate Bill 1477 regarding water quality protection and directed the Clerk of the Board to distribute the resolution as indicated, as recommended by Supervisor Wormhoudt

23.   ACCEPTED notification of vacancy on the Latino Affairs Commission, for an at-large representative to be nominated by the Santa Cruz City Council, 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

23.1.   APPROVED reappointment of J.T. Schaeffer to the Housing Authority Board of Commissioners, as an at-large representative nominated by the City of Santa Cruz, for a term to expire May 4, 2008, as recommended by Chair Wormhoudt

24.   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

25.   APPROVED gross pay adjustment in the amount of $257.48 for a Mental Health staff psychiatrist, as recommended by the Health Services Agency Director

26.   ACCEPTED AND FILED report on serial inebriates; directed staff to return during budget hearings with a proposal to pilot the San Diego model program for serial inebriates; and approved related action; with a request to include during budget hearings a report back on options for detention staff to be certified to perform blood draws for evidence

27.   ACCEPTED AND FILED status report on the impacts of nursing ratios on hospitals in the community and directed the Health Services Agency to report back on June 8, 2004 on the impact of Nursing Ratios on hospitals in our community, as recommended by the Health Services Agency Director

28.   ADOPTED RESOLUTION NO. 132-2004 accepting and appropriating $316,500 in unanticipated revenue to implement One-e-App; approved agreement with Deloitte Consulting in the amount of $316,500 to implement One-e-App; authorized the Health Services Agency Director to sign; and approved related actions, as recommended by the Health Services Agency Director

29.   AUTHORIZED submission of collaborative grant application to California Department of Health Services Office of Family Planning for a maximum annual amount of $150,000 to support the Male Involvement Program, as recommended by the Health Services Agency Director

30.   APPROVED agreements with: Pajaro Valley Prevention and Student Assistance, Incorporated, with a maximum amount of $32,250 for health education services; Central Coast Alliance for Health, increasing the maximum amount to $64,052 for immunization services; Community Bridges increasing the maximum amount to $46,978; State Department of Health Services, a revenue agreement in the amount of $43,774 for the Chlamydia screening program; and California Health Foundation & Trust for reimbursement of staff costs; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

31.   ADOPTED RESOLUTION NO. 133-2004 accepting and appropriating $2,875 in unanticipated revenue into the 2003/2004 Public Health budget; approved revenue agreement with the Community Foundation of Santa Cruz County in the amount of $6,250 for AIDS support services; and authorized the Health Services Agency Director to sign the agreement, as recommended by the Health Services Agency Director

32.   ACCEPTED AND FILED report on County Medical Service Program; directed the Health Services Agency to monitor opportunities under County Medical Services Program option; and directed the Health Services Agency to report back, the second meeting in January 2005, on the best options for delivering indigent health care services starting in July 2005

33.   APPROVED Workforce Investment Act contract amendments with ARBOR Employment and Training for an increase of $23,414 for job training services and the contract amendment with ERISS for an increase of $35,000 to conduct a 2004 job survey; and authorized the Human Resources Agency Director to sign the contract amendments, as recommended by the Human Resources Agency Director

34.   ADOPTED RESOLUTION NO. 134-2004 requesting a waiver of the Federal Food Stamp Time Limits for Able Bodied Adults without Dependents; directed the Human Resources Agency Director to report back on March 8, 2005 with a recommendation regarding renewal of the waiver for April 1, 2005 through March 31, 2006, and approved related actions, as recommended by the Human Resources Agency Director

35.   DELETED ITEM

36.   APPROVED the 4th of July beach access road closures and directed the Public Works Department to provide and assist the California Highway Patrol and Sheriff's Office with road closure barricades and detour signs, as recommended by the Director of Public Works

37.   SEE ITEM NO. 55.1 REGULAR AGENDA

38.   ADOPTED RESOLUTION NO. 135-2004 accepting the offer of dedication of easement between Via Gargano and Catalina Drive, and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED status report on the Agency's Second Unit Loan Program; directed staff to return in May 2005 with a status report on the Redevelopment Agency Second Unit Program and on the discussions with the independent water and fire districts; and approved related actions, as recommended by the Redevelopment Agency Executive Director

40.   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.: Raul Castellano v. County of Santa Cruz

Workers Compensation Appeals Board No. SJO 236055

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 addresses (APN if no street address):

APN 039-102-16; APN 108-131-05; APN 031-011-15

Negotiating parties (not agents): Scott Loichinger, Public Works

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

41.   Continued 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;

(1) adopted RESOLUTION NO. 136-2004 determining that Charter Communications Properties, LLC has committed material breaches of Chapter 5.24 of the Santa Cruz County Code and that "Franchise to Provide Cable Television Services between the County of Santa Cruz, California and Charter Communications Properties, LLC", dated as of May 19, 1998, Making Certain Findings of Fact in Relation Thereto, Imposing Liquidated Damages, and Reserving Certain Further Remedies;

(2) authorized Special Counsel to initiate litigation as determined appropriate by Special Counsel in consultation with County Counsel to enforce the terms of the Resolution and address other claims of the County and subscribers; and

(3) authorized the County Administrative Office and Special Counsel to take appropriate actions to protect the Letter of Credit and Performance bond posted by Charter with the County
BSPCW

42.   Public hearing held on proposed 2004/2005 sewer service charges in County Service Area (CSA) No. 2, Place de Mer;

(1) opened public hearing to hear objections to the proposed CSA No. 2, Place de Mer sewer service charges;

(2) closed public hearing;

(3) adopted RESOLUTION NO. 137-2004 establishing the service charge for CSA No. 2, Place de Mer;

(4) adopted RESOLUTION NO. 138-2004 setting June 8, 2004, at 9:00 a.m. or thereafter as the date and time for public hearing to confirm the service charge report; and

(5) directed the Clerk of the Board to publish the Notice of Public hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation
PBCSW

43.   Public hearing held on proposed 2004/2005 sewer service charges in County Service Area (CSA) No. 5, Sand Dollar and Canon del Sol;

(1) opened public hearing to hear objections to the proposed CSA No. 5, Sand Dollar and Canon del Sol sewer service charges;

(2) closed public hearing;

(3) adopted RESOLUTION NO. 139-2004 establishing the service charge for CSA No. 5, Sand Dollar and Canon del Sol;

(4) adopted RESOLUTION NO. 140-2004 setting June 8, 2004, at 9:00 a.m. or thereafter as the date and time for public hearing to confirm the service charge report; and

(5) directed the Clerk of the Board to publish the Notice of Public hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation
PBCSW

44.   CONTINUED public hearing on proposed 2004/2005 sewer service charges in County Service Area No. 7, Boulder Creek;

(1) opened public hearing and continued the public hearing until May 18, 2004;

(2) approved Notice of Public Hearing on the proposed 2004/2005 increase in fees, as revised; and

(3) directed the Clerk of the Board to publish the Notice of Public Hearing once a week for two successive weeks prior to the May 18, 2004, hearing in a newspaper of general circulation
SCBPW

45.   Public hearing held on proposed 2004/2005 sewer service charges in County Service Area (CSA) No. 10, Rolling Woods;

(1) opened public hearing to hear objections to the proposed CSA No. 10, Rolling Woods, sewer service charges;

(2) closed the public hearing;

(3) adopted RESOLUTION NO. 141-2004 establishing the service charge for CSA No. 10, Rolling Woods;

(4) adopted RESOLUTION NO. 142-2004 setting June 8, 2004, at 9:00 a.m. or thereafter as the date and time for public hearing to confirm the service charge report; and

(5) directed the Clerk of the Board to publish the Notice of Public Hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation
PBCSW

46.   Public hearing held on proposed 2004/2005 sewer service charges in County Service Area (CSA) No. 20, Trestle Beach;

(1) opened the public hearing to hear objections to the proposed CSA No. 20, Trestle Beach sewer service charges;

(2) closed the public hearing;

(3) adopted RESOLUTION NO. 143-2004 establishing the service charge for CSA No. 20, Trestle Beach;

(4) adopted RESOLUTION NO. 144-2004 setting June 8, 2004, at 9:00 a.m. or thereafter as the date and time for public hearing to confirm the service charge report; and

(5) directed the Clerk of the Board to publish the Notice of Public Hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation
PBCSW

47.   Public hearing held on proposed 2004/2005 benefit assessments for County Service Area (CSA) No. 23, Zone C, Old Ranch Road, CSA, No. 28, Lomond Terrace, CSA No. 47, Braemoor Drive and CSA No. 58, Ridge Drive;

(1) opened public hearing to hear objections to the proposed CSA No. 23, Zone C, Old Ranch Road, CSA No. 28, Lomond Terrace, CSA No. 47, Braemoor Drive and CSA No. 58, Ridge Drive 2004/05 Benefit Assessment;

(2) requested submittal of ballots for CSA No. 23, Zone C, Old Ranch Road, CSA No. 28, Lomond Terrace, CSA No. 47, Braemoor Drive and CSA No. 58, Ridge Drive 2004/05 assessments;

(3) closed public testimony portion of the public hearing; and

(4) continued the public hearing to June 8, 2004, to allow for tabulation and certification of the ballots
PSBCW

48.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held on proposed ordinances amending District Code establishing water and sewer service charges for 2004/05;

(1) closed public hearing;

(2) approved "in concept" Davenport Sanitation District Ordinance No. 60 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges and adding Section 4.08.340 Sewer Service Charge Refunds to return on May 18, 2004 for final adoption;

(3) approved "in concept" Davenport Sanitation District Ordinance No. 61 amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 Water Service Charges and adding Section 3.08.240 Water Service Charge Refunds to return on May 18, 2004 for final adoption;

(4) set Tuesday, June 8, 2004 at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report; and

(5) directed the Clerk of the Board to publish the Notice of Public Hearing, once a week for two weeks prior to the hearing in a newspaper of general circulation
PBCSW

49.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on proposed ordinance amending sewer service charges for 2004/05;

(1) closed public hearing;

(2) approved "in concept" Freedom Sanitation District Ordinance No. F-7 amending District Code Title 3, Chapter 3.08, Article III, Section 3.08.150 Sewer Service Charges and adding Article VI, Section 3.08.340 Sewer Service Charge Refunds to return on May 18, 2004 for final adoption;

(3) set Tuesday, June 8, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report; and

(4) directed the Clerk of the Board to publish the Notice of Public Hearing, once a week for two weeks prior to the hearing in a newspaper of general circulation
PBCSW

50.   DELETED ITEM

51.   CONSIDERED report on possible bridge railing design options for the Harkins Slough Road Bridge at West Branch of Struve Slough;

(1) accepted and filed report; and

(2) directed Public Works to proceed with the recommended design for the Harkins Slough Road Bridge (Option 1 with the CALTRANS-approved design modifications to deter skateboarding)
PCBSW

52.   CONSIDERED report on Hepatitis C treatment;

(1) accepted and filed report; and

(2) directed the Health Services Agency to return at 2004-05 budget hearings with a proposed plan on the Hepatitis C treatment options within County Clinics
SCBPW

53.   CONSIDERED draft ordinances from the autonomous fire districts adopting portions of the Urban Wildland Intermix Code;

(1) directed the Office of Emergency Services to inform the fire districts of Aptos/La Selva, Ben Lomond, Boulder Creek, Branciforte, Central, Felton, Pajaro Valley, Scotts Valley and Zayante the Board has reviewed and offers no comments on their proposed ordinances;

(2) directed the Office of Emergency Services to incorporate language defining water storage into revisions to Chapter 7.93.020 of the County Code scheduled to return to the Board on June 8, 2004;

(3) accepted and filed report; with an additional direction for staff to provide the Board with a letter explaining what the process for the HCP is going to be once that process is in place
CPBSW

54.   DELETED ITEM

55.   RECEIVED bids regarding Harkins Slough Road Bridge at West Branch of Struve Slough and referred to the Department of Public Works to return on or before May 25, 2004 with a recommendation on awarding of bid
PSB/C/W

55.1.   APPROVED amendment to agreement with Eisenberg, Olivieri and Associates, Incorporated to include public input and outreach for the development of the Storm Water Management Plan and increasing the amount by $12,000 for a total not-to-exceed amount of $108,500 and authorized the Director of Public Works to sign the agreement on behalf of the County; with an additional direction, on page two of the staff letter, to reduce the County Roads portion from $6,420 to $5,250 and add Capitola with an amount of $1,070 leaving the contract amendment at the same total
BPCSW

56.   CONTINUED TO MAY 18, 2004 report on the possible consolidation of the County's fiscal offices; a resolution calling and providing for an election to be held on whether to establish the consolidated office of Director of Finance; and an ordinance amending Chapter 2.06 of the Santa Cruz County Code regarding the consolidation of County offices
PCBSW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS