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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2004, NUMBER 14
Tuesday, May 18, 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 Nos. 56.1 and 56.2

DELETIONS TO THE CONSENT AGENDA: Item No. 30

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 27, 2004 and May 4, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 29, 2004 through May 12, 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.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED 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

11.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED 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

12.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ADOPTED 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

13.   REJECTED the claim of Thomas Lee Marquez, Jr., No. 304-102A, and referred to County Counsel

14.   REJECTED the claim of Thomas Lee Marquez, Jr., No. 304-102B, and referred to County Counsel

15.   AUTHORIZED the Auditor-Controller and County Administrative Officer to proceed with necessary actions to secure the 2004/2005 Tax and Revenue Anticipation Notes for 2004/2005 purposes and report back on or before June 22, 2004 for final actions, as recommended by the Auditor-Controller

16.   AS THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS, PAJARO VALLEY STORM DRAIN MAINTENANCE DISTRICT BOARD OF DIRECTORS AND THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF DIRECTORS, SCHEDULED a public meeting on Tuesday, May 25, 2004 from 1:00 p.m. until 3:00 p.m. in the Watsonville City Council Chambers to consider a report concerning the status of proceedings to relinquish the maintenance responsibilities over the Pajaro River and Salsipuedes Creek to the State Department of Water Resources and approved related actions, as recommended by Supervisor Campos

17.   APPROVED realignment of funds and an increase of $5,600 in the independent contractors agreement with Long Beach Genetics for paternity testing services, as recommended by the Director of Child Support Services

18.   APPROVED subscription plan amendment in the amount of $21,240 between Lexis-Nexis and the County of Santa Cruz for fiscal year 2004/2005 and authorized the District Attorney to sign the subscription plan amendment on behalf of the County, as recommended by the District Attorney

19.   APPROVED transfer of funds and fixed asset appropriation in the amount of $17,816 for one Tactical Radio, as recommended by the Emergency Services Administrator

20.   AWARDED contract to Sanchez Grading in the amount of $29,955 for the Pinto Lake County Park Interim Use Dog Park project; authorized the Parks Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; authorized the Parks Director to approve change orders and encumber $2,995 in addition to the contract amount, to cover change order expenditures; and approved related action, as recommended by the Director of General Services

21.   APPROVED plans and specifications for the Fire Services for Modular Courts project; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on June 8, 2004, as recommended by the Director of General Services

22.   ACCEPTED AND FILED Annual Report on the status of the private sector Living Wage program and adopted RESOLUTION NO. 145-2004 setting the living wage at $11.77 for those employees receiving benefits, and at $12.84 for those employees not receiving benefits, as recommended by the Director of General Services

23.   APPROVED independent contractor agreement with Technical Roof Services, Incorporated in the amount of $47,527 for design services and specifications for the roofing projects at the Medium Security Jail Facility and the 1430 Freedom Boulevard facility, as recommended by the Director of General Services

24.   APPROVED plans and specifications for the Transmitter Room Upgrade; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on June 8, 2004, as recommended by the Director of General Services

25.   DEFERRED recommendation for award for the 26th Avenue Beach Access Stairway project until June 8, 2004, as recommended by the Director of General Services

26.   ADOPTED RESOLUTION NO. 146-2004 determining disability retirement status of safety employee, as recommended by the Personnel Director

27.   AUTHORIZED the Chief Probation Officer to submit an application in the amount of $71,723 for Juvenile Accountability Block Grant Funds, as recommended by the Chief Probation Officer

28.   ADOPTED RESOLUTION NO. 147-2004 accepting and appropriating unanticipated revenue in the amount of $12,500 from the Robert Wood Johnson Foundation for funding for treatment improvement activities under the Reclaiming Futures Initiative, as recommended by the Chief Probation Officer

29.   APPROVED contract with Superior Court of California for court security services in the amount of $1,960,000; authorized the Sheriff-Coroner to sign the contract; and adopted RESOLUTION NO. 148-2004 to reduce revenue and expenditures in the amount of $188,456, as recommended by the Sheriff-Coroner

30.   DELETED ITEM

31.   ADOPTED RESOLUTION NO. 149-2004 providing for the replenishment of the Treasurer-Tax Collector's Cash Difference Fund and increase that fund to $500 from the current $100 and request the Auditor-Controller issue a warrant in the amount of $516, as recommended by the Treasurer-Tax Collector

32.   AUTHORIZED the Auditor-Controller to distribute excess proceeds from the May 27, 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

33.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending March 31, 2004, as recommended by the Treasurer-Tax Collector

34.   APPROVED proposed Conflict of Interest Code, as submitted by the Santa Cruz County Regional Transportation Commission, as recommended by Supervisor Beautz

35.   SUSPENDED consideration of an ordinance adding and amending sections of Chapter 9.48 of the County Code relating to commercial vehicle limits on College Road, as outlined, as recommended by Supervisor Campos

36.   APPROVED appointment of Supervisor Campos to represent the Board on the First 5 Commission, as recommended by Chair Wormhoudt

37.   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

38.   ADOPTED RESOLUTION NO. 150-2004 approving 2004-2007 Dental Disease Prevention Program funding application for $148,287 over three years; authorized the Health Services Agency Director to sign related State revenue agreements; and approved related actions, as recommended by the Health Services Agency Director

39.   ACCEPTED AND FILED report on the Continuum of Care Single Room Occupancy (SRO) Moderate Rehabilitation project; approved the allocation of $20,000 of Assembly Bill 2034 funds to Mercy Housing for predevelopment activities; and approved related actions, as recommended by the Health Services Agency and Human Resources Agency Directors

40.   APPROVED amendment with Santa Cruz Community Counseling Center for fiscal year 2003/2004 for the Independent Living Skills Program to decrease the contract amount to $160,562; approved amendment with Community Bridges for fiscal year 2003/2004 for the Community Based Family Resource and Support Program to increase contract amount to $14,130; and adopted RESOLUTION NO. 151-2004 accepting and appropriating unanticipated revenue in the amount of $1,757 for fiscal year 2003/2004, as recommended by the Human Resources Agency Director

41.   ACCEPTED AND FILED report on earlier notification amendments to Chapter 18.10 and approved related actions, as recommended by the Planning Director

42.   ACCEPTED AND FILED supplemental report on a written complaint policy for land use violations, as recommended by the Planning Director

43.   APPROVED specifications and the engineer's estimate for the Sunbeam Woods - County Service Area (CSA) No. 44 Overlay Project 2004 (5th District); authorized calling for bids; set the bid opening for 10:45 a.m. on June 15, 2004; and approved related action, as recommended by the Director of Public Works

44.   APPROVED independent contractor agreements with Central Coast Wilds, Confluence - Watershed Restoration and Landscaping Specialists, Elkhorn Native Plant Nursery and Shangrila, Incorporated for a not-to-exceed amount of $25,000 each per fiscal year for revegetation, landscape and maintenance services and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

45.   APPROVED Contract Change Order in the amount of $19,217.30 for the Lake and Fifth Avenues Improvement project; authorized the Chairperson of the Board to sign the change order on behalf of the County; and approved related action, as recommended by the Director of Public Works

46.   APPROVED transfer of $20,000 from the Highland Way Grading and Erosion Control project to the Soquel San Jose Road Storm Damage Repair project, as recommended by the Director of Public Works

47.   ACCEPTED AND FILED Proposed 2004/2005 Capital Improvement Program (CIP) document, and scheduled a study session on the Proposed 2004/2005 CIP for June 8, 2004, as recommended by the Director of Public Works

48.   APPROVED County - State agreement providing State funding in the amount of $600,000 for the El Rancho Drive at La Madrona Drive Storm Damage Repair; adopted RESOLUTION NO. 152-2004 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

49.   APPROVED plans and specifications and engineer's estimate and authorized calling for bids for the El Rancho Drive Storm Damage Repair at Highway 17 - Beulah Park Undercrossing; set the bid opening for 10:45 a.m. on June 15, 2004; and approved related action, as recommended by the Director of Public Works

50.   AUTHORIZED the Director of Public Works to make a partial release of the Faithful Performance Security submitted for Tract 1419 Mar Sereno Estates, as recommended by the Director of Public Works

50.1.   SEE ITEM NO. 73.1 REGULAR AGENDA

51.   ADOPTED RESOLUTION NO. 153-2004 for right-of-way acquisition for the Gross Road Improvements, Gross Road to Capitola City Limits; authorized the Director of Public Works to sign the agreements on behalf of the County; and approved payment of claims, as recommended by the Director of Public Works

52.   POSTPONED update on the status of negotiations with the Big Basin Water Company for sewer service charge billing until June 15, 2004, as recommended by the Director of Public Works

53.   ACCEPTED status report regarding the Redevelopment Agency's purchase of the Pleasant Acres Mobile Home Park and the Live Oak Elena Baskin Senior Center, and scheduled a public hearing for June 8, 2004 concerning the Agency's intent to sell the Live Oak Elena Baskin Senior Center to the Live Oak School District in order to provide necessary educational and community services and facilities, as recommended by the Redevelopment Agency Executive Director

54.   ADOPTED RESOLUTION NO. 154-2004 in opposition to Senate Bill 1659, relating to Eminent Domain Compensation and Community Redevelopment Law, as recommended by the Redevelopment Agency Executive Director

55.   ADOPTED RESOLUTION NO. 155-2004 accepting the 14 Offers of Dedication and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of property acquisitions in the amount of $97,350 for the Gross Road Improvement project and approved related actions, as recommended by the Redevelopment Agency Executive Director

56.1.   DIRECTED the Chair to advise the Santa Cruz County Regional Transportation Commission that the Board supports placing the Proposed Expenditure Plan on the November 2004 ballot, as recommended by Supervisor Pirie

56.2.   REQUESTED Dr. George Wolfe, in consultation with the Health Services Agency, to convene a group of physicians to provide recommendations regarding the appropriate amount of medical marijuana that a patient should be allowed to possess for medical use, and report back to the Board on or before August 17, 2004, as recommended by Supervisor Wormhoudt

57.   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.: County of Santa Cruz v. E. A. Hathaway & Company, et al.

San Mateo County Superior Court Case No. 415538

Case Name/No.: Arreola, et al v. County of Monterey, et al.

Monterey County Superior Court Case No. 105611

Case Name/No.: Angelo Seaver v. County of Santa Cruz

Santa Cruz County Superior Court Case No. 143438

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 LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to 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 029-071-68

Negotiating party (not agent): Betsey Lynberg, Redevelopment Agency

IHSS PUBLIC AUTHORITY BOARD

CONFERENCE WITH LEGAL COUNSEL

IHSS Public Authority Negotiator: Director of Personnel

Employee Organization: IHSS Public Authority Employees

REPORT OF COUNTY COUNSEL - In the matter of Angelo Seaver v. County of Santa Cruz Santa Cruz County Superior Court Case No. 143438, the Board, by unanimous vote, decided to pursue an appeal of this matter to the California Supreme Court, a tort action for personal injuries
BPCSW  


REGULAR AGENDA

58.   CONSIDERED the County Administrative Officer's budget for the County of Santa Cruz for fiscal year 2004/2005 as the basis for deliberations during budget hearings and related actions;

approved the figures in this document as those that constitute the Proposed County Budget for 2004-05; ordered publication of the required notices; and scheduled June 14, 2004 as the date the Public Hearings on the 2004-05 Proposed County Budget will begin
CPBSW  

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONSIDERED proposed 2004/2005 Redevelopment Agency budget and related actions;

(1) accepted the Proposed 2004/2005 Redevelopment Agency Budget;

(2) scheduled June 18, 2004, at 9:00 a.m. or thereafter, as the time and date for conducting a public hearing on the Proposed 2004/2005 Redevelopment Agency Budget;

(3) and directed the Clerk of the Board to order the necessary notices for the hearing described within
BPCSW  

60.   CONSIDERED report on possible Budget related actions;

accepted and filed report on Budget Related Actions, and directed the County Administrative Office to include the recommendations from the various bargaining groups as part of budget hearings; with an additional direction to look at services, programs and report back in the supplemental budget on bureaucratic procedures
PCBSW  

61.   CONSIDERED report and recommendations on the initiative to repeal County's 911 fee ordinance;

accepted and filed report on the Initiative to Repeal County's Emergency Response Fee Ordinance; additionally directed County Counsel and the County Administrative Officer to speak with interested parties and make it clear that any item going on the November 2004 ballot would be consistent with the recommendation in Option 4, as listed in the letter of the County Counsel of May 14, 2004, and report back on June 22, 2004
SPBCW  

62.   Continued consideration of report on the possible consolidation of the County's fiscal offices;

(1) accepted and filed report on the consolidation of the County's fiscal offices;

(2) ADOPTED RESOLUTION NO. 156-2004 to submit to the Santa Cruz County electorate the question of whether the office of Director of Finance shall be established by ordinance, consolidating the offices of the Auditor-Controller and Treasurer Tax-Collector with that office, and submitting to the electorate the question of whether the office, if so established, shall be an elected office;

(3) directed that County Counsel, the Clerk of the Board, the Auditor-Controller, and the County Clerk do all things necessary to ensure compliance by the County with the Election Code and the Federal Voting Rights Act in relation to the establishment of office of Director of Finance, and the conduct of the election;

(4) approved "in concept" ordinance amending Chapter 2.06 for the Santa Cruz County Code regarding the consolidation of County offices to return on May 25, 2004 for final adoption;

(5) directed that the County Administrative Officer to return on or before June 22, 2004 with recommended actions which are necessary to fill the vacancies of the newly reorganized offices;

(6) and directed that the County Administrative Officer return at or before budget hearings to affect the various personnel and budget-related changes that reflect the reorganization of the County's fiscal offices;

(7) with an additional recommendation that Mr. Bedal be asked to work on contract for the remainder of the time and until it's clear what happens in November, and that a process be developed to fill vacancies
BPcSW  

63.   Public hearing held for the proposed 2004/2005 benefit assessment/service charge reports for various County Service Areas;

(1)ADOPTED RESOLUTION NO. 157-2004 Establishing Benefit Assessments for Hidden Valley, Zones A-G, County Service Area No. 26; adopted RESOLUTION NO. 158-2004 Establishing Benefit Assessments for Country Estates, County Service Area No. 35; adopted RESOLUTION NO. 159-2004 Establishing Benefit Assessments for Bonita Encino, County Service Area No. 43; adopted RESOLUTION NO. 160-2004 Establishing Service Charges for County Service Area No. 57S, Graham Hill (Woods Cove);

(2) opened public hearing, to hear objections or protests, to the proposed 2004/2005 Benefit Assessment/Service Charge Report for Various County Service Areas (CSAs);

(3) closed public hearing and, at the conclusion of the hearing, adopted RESOLUTION NO. 161-2004 Confirming the Benefit Assessment/Service Charge Reports for Various County Service Areas (CSAs)
PBCSW  

64.   Public hearing held on proposed 2004/2005 sewer service charges in County Service Area (CSA) No. 7, Boulder Creek;

(1) reopened public hearing, to hear objections or protests, to the proposed County Service Area (CSA) No. 7, Boulder Creek sewer service charges;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 162-2004 Establishing Service Charges for County Service Area (CSA) No. 7, Boulder Creek;

(4) ADOPTED RESOLUTION NO. 163-2004 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;

(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;

(6) with an additional direction to report back at budget hearings regarding the Capital Improvements for County Service Area No. 7, Boulder Creek
PCBSW  

64.1.   Public hearing held to consider formation of the Seacliff Underground Utility District No. 18;

(1) opened public hearing regarding the formation of Seacliff Underground Utility District 18;

(2) closed public hearing and, at the conclusion of the hearing, adopted RESOLUTION NO. 164-2004 Declaring Area to be an Underground Utility District
PBCSW  

65.   APPROVED appointment of Chris Berry to the Water Advisory Commission, as an at-large representative of public water purveyors, in accordance with County Code Section 2.96.030, for a term to expire April 1, 2007
CPBSW  

66.   Public hearing held to consummate purchase of Assessor's Parcel Numbers 026-062-97 and 026-461-02, situated at 2200 and 2260 7th Avenue, Santa Cruz (property owned by Santa Cruz SPCA);

closed public hearing;

(1) ADOPTED RESOLUTION NO. 165-2004 Consummating Purchase of Real Property situated at 2200 and 2260 Seventh Avenue;

(2) approved the Purchase Agreement between the County of Santa Cruz and the Santa Cruz SPCA and authorized the County Administrative Officer to sign the Agreement;

(3) and directed the Department of Public Works' Real Property Division to take those actions which are necessary to complete the purchase on behalf of the County
PBcSW  

67.   Hearing held to consider resolution to institute eminent domain proceedings for the Gross Road Improvements-Coffee Lane to Capitola City Limits project;

(1) conducted hearing on the proposed eminent domain action;

(2) determined that the acquisitions are of benefit to the project area or the immediate area in which the work is located, that no other reasonable means of financing the work are available to the community, that the work will assist in the elimination of blight, and that the project is consistent with the Redevelopment Agency's five year implementation plan;

(3) ADOPTED RESOLUTION NO. 166-2004 Authorizing County Counsel to Institute Eminent Domain Proceedings for the Gross Road Improvements-Coffee Lane to Capitola City Limits Sabanovich - APN: 031-021-80; with the understanding that the Brenkwitz, et al - APN: 031-011-14 property owner has settled with the County;

(4) and directed the Clerk of the Board to return a certified copy of the Resolution to the Real Property Division
BPCSW  

68.   CONSIDERED Stormwater Management Program for submission to the Regional Water Quality Control Board;

approved Stormwater Management Program for submittal to the Regional Water Quality Control Board
PBCSW  

69.   CONSIDERED presentation on efforts to prepare a Habitat Conservation Plan for Sandhills area and the biological resources included in this ecosystem;

accepted staff recommendation
PCBSW  

70.   Continued public hearing to consider minor ordinance amendments to the Santa Cruz County Code Volume II;

closed public hearing;

(1) adopted RESOLUTION NO. 167-2004 adopting the minor ordinance amendments as identified in Exhibit A to the resolution;

(2) adopted ORDINANCE NO. 4761 amending Chapters 12.28, 12.30, 13.10, 13.11, 13.14, 13.20, 14.01, 15.01, 15.10, 16.10, 17.02, and 18.10;

(3) certified the California Environmental Quality Act (CEQA) and

(4) directed the Planning Department to submit these amendments to the California Coastal Commission for review and certification; with a request that the ordinance include all replacement pages submitted to the Board
PCBSW  

71.   APPROVED "in concept" ordinance amending Sections 9.28.020 and 9.28.030 of Chapter 9 of the Santa Cruz County Code relating to stop intersections to return on May 25, 2004 for final adoption
BPCSW  

72.   RECEIVED bids regarding Live Oak Library Lagoon Restoration Project and referred to the General Services Department to return on or before June 8, 2004 with recommendation on awarding of bid
CBPSW  

73.   RECEIVED bids regarding Main Jail Fire Alarm System Upgrade Project and referred to the General Services Department to return on or before June 8, 2004 with recommendation on awarding of bid;

(2) motion to reconsider;

(3) RECEIVED bids regarding Main Jail Fire Alarm System Upgrade Project and referred to the General Services Department to return on or before June 8, 2004 with recommendation on awarding of bid
(1) CBPSW  
(2) BCPSW  
(3) CPBSW  

73.1.   APPROVED plans and specifications and the engineer's estimate for the Gross Road Improvements Coffee Lane to Capitola City Limit project, including the design exception for the two speed bumps; authorized calling for bids; set the bid opening for 10:45 a.m. on June 8, 2004; and approved related action; with an additional direction to report back at the last meeting in June 2004 on the ordinance and possible ways to increase the ability to stage these projects
BPCSW  

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.