Santa Cruz County Board of Supervisors Minutes: 5/25/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 15
Tuesday, May 25, 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: DELETED Item No. 53 Additions and deletions to Item No. 55, CLOSED PERSONNEL AND LITIGATION SESSION: ADDED: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street addresses (APN if no street addresses): APN 029-010-18, 20 and 21 Negotiating party (not agent): Betsey Lynberg, Redevelopment Agency DELETED: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street address (APN if no street address): APN 031-011-15 Negotiating party (not agent): Scott Loichinger, Public Works
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twenty-one people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

8.   DELETED ITEM

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. 4762 Amending Chapter 2.06 of the Santa Cruz County Code Regarding the Consolidation of County Fiscal Offices by Repealing Section 2.06.020 and then Adding New Sections 2.060.020 and 2.06.025

11.   ADOPTED ORDINANCE NO. 4763 Amending Sections 9.28.020 and 9.28.030 of the Santa Cruz County Code Relating to Stop Intersections

12.   REJECTED the claim of Placer County Sheriff's Department, No. 304-106, and referred to County Counsel

13.   REJECTED the claim of Brian D. and Ollie B. Hoefer, et al, No. 304-110, and referred to County Counsel

14.   REJECTED the claim of Russell and Joy Miller, No. 304-113A, and referred to County Counsel

15.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, REJECTED the claim of Russell and Joy Miller, No. 304-113B, and referred to County Counsel

16.   ACCEPTED AND FILED report of the Agricultural Commissioner on the interest of the cities in annexation to the Mosquito and Vector Control, County Service Area (CSA) No. 53; directed the Agricultural Commissioner to return after budget hearings with a report on the City of Scotts Valleys' interest in annexation and recommendations for proceeding, as recommended by the Agricultural Commissioner

17.   ADOPTED RESOLUTION NO. 168-2004 scheduling a public hearing on Tuesday, June 15, 2004, on the morning agenda at 9:00 a.m. or thereafter, to consider the proposed 2004/2005 Fire Protection Assessment service charge reports for County Service Areas (CSA) No. 4, Pajaro Dunes and No. 48, County Fire; adopted RESOLUTION NO. 169-2004 confirming previously established benefit assessments for CSA Nos. 4 and 48: and directed the Clerk of the Board to take related actions, as recommended by the Emergency Services Administrator

18.   ADOPTED RESOLUTION NO. 170-2004 accepting and appropriating unanticipated revenue in the amount of $22,018 to cover 2003/2004 Cafeteria expenditures, as recommended by the Director of General Services

19.   AUTHORIZED the General Services Director to contract with the State of California-Department of General Services and sign the contract agreements and associated documents on behalf of the Board, as recommended by the Director of General Services

20.   ADOPTED RESOLUTION NO. 171-2004 accepting and appropriating unanticipated revenue in the amount of $45,540 from the Robert Wood Johnson Foundation, as recommended by the Chief Probation Officer

21.   SEE ITEM NO. 57.5 REGULAR AGENDA

22.   APPROVED payment of outstanding invoices to Orchard Supply Hardware in the amount of $475.19, as recommended by the Sheriff-Coroner

23.   ACCEPTED AND FILED report on the Sheriff's Office security alarm ordinance, as recommended by the Sheriff-Coroner

24.   ACCEPTED Treasurer's monthly Cash Report and Transaction Report for the period ending April 30, 2004 and approved related action, as recommended by the Treasurer-Tax Collector

25.   APPROVED appointment of David D. Weiss to the Civil Service Commission for a term to expire December 31, 2005, as recommended by Supervisor Stone

26.   SEE ITEM NO. 57.1 REGULAR AGENDA

27.   ACCEPTED notification of various at-large vacancies on the Workforce Investment Board, as outlined, for positions with terms which will expire on June 30, 2004, with nominations for appointment to be received on June 8, 2004, and final appointments to be made June 15, 2004, as recommended by Chair Wormhoudt

28.   ACCEPTED notification of two vacancies on the Workforce Investment Board, for representatives of Business with terms which will expire on June 30, 2006, with nominations for appointment to be received on June 8, 2004, and final appointments to be made June 15, 2004, as recommended by Chair Wormhoudt

29.   APPROVED appointment of Captain Christina Manriquez to the Emergency Medical Care Commission as the at-large representative of the Santa Cruz County Law Enforcement Chief's Association, for a term to expire April 1, 2007, as recommended by Chair Wormhoudt

30.   APPROVED appointment of Rick Deraiche to the Workforce Investment Board, as the at-large representative of the Employment Development Department, for a term to expire June 1, 2006, as recommended by Chair Wormhoudt

31.   ADOPTED RESOLUTION NO. 172-2004 supporting the passage of Assembly Bill 2474, concerning elder and dependent adult financial abuse, and approved related action, as recommended by Chair Wormhoudt

32.   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

33.   ADOPTED RESOLUTION NO. 173-2004 in support of Senate Bill 921 (Kuehl) and directed the Chair of the Board of Supervisors to send letters to legislators and the Governor communicating support for a single payer system of health delivery and financing, with inclusion of pilot projects, as recommended by the Health Services Agency Director

34.   ADOPTED RESOLUTION NO. 174-2004 scheduling a public hearing on Tuesday, June 15, 2004, on the morning agenda, at 9:00 a.m. or thereafter on the proposed benefit assessment/service charges and proposed 2004/2005 Assessment/Service Charge Reports for County Service Area (CSA) No. 12, Wastewater Management and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Director

35.   APPROVED State standard revenue agreement for NNA/MediCal Alcohol and Drug Program Services for fiscal years 2004/2005 through 2006/2007, and authorized the Health Services Agency (HSA) Director to sign; authorized HSA Director to sign any subsequent amendments to the agreement regarding subcontractor fiscal detail and allocation adjustments; and authorized submission of grant application to the Federal Center for Substance Abuse Treatment for $500,000 per year for up to three years for residential treatment services for pregnant and parenting women; and approved related action, as recommended by the Health Services Agency Director

36.   SEE ITEM NO. 57.2 REGULAR AGENDA

37.   AUTHORIZED the Human Resources Agency Director to sign the contract with HomeBase for preparation of the 2004 HUD Homeless Assistance funding application; authorized the Human Resources Agency Director to sign an amended Memorandum of Understanding with the City of Santa Cruz for cost sharing of this project; and directed the Human Resources Agency Director to return on or before June 22, 2004 with a status report on the application, as recommended by the Human Resources Agency Director

38.   DEFERRED report on community programs monitoring, financial information and related issues of contract administration until budget hearings, as recommended by the Human Resources Agency Director

39.   DIRECTED the Planning Department to prepare contract documents for the removal of fill on the property located at 136 View Circle, solicit bids for completion of this work, and return on August 3, 2004 with a recommendation regarding the award of the contract to complete the grading component of the work, as recommended by the Planning Director

40.   ADOPTED RESOLUTION NO. 175-2004 accepting and appropriating unanticipated revenue in the amount of $5,950 from a civil liability into the Fish and Game budget; approved allocations of special purpose funds in the amount of $15,350; and approved related action, as recommended by the Planning Director

41.   ACCEPTED AND FILED report on the continuation of agricultural operations on the Coast Dairies Ranch and directed the Department of Public Works to return with a grant agreement with the State Coastal Conservancy upon the release of these funds, as recommended by the Directors of Planning and Public Works

42.   AUTHORIZED the Director of Public Works to sign Term Sheet with Ameresco for sale of the Landfill Gas at the Buena Vista and Watsonville Landfills; directed Public Works to return on or before August 24, 2004, with a final agreement for development of the Buena Vista Landfill Gas Power Project with Ameresco; authorized the Director of Public Works to sign the amendment to agreement with EMCON/OWT to provide consultant services by increasing the contract amount to $15,000 for a revised amount not-to-exceed $45,000, as recommended by the Director of Public Works

43.   ACCEPTED AND FILED report on the status of the relinquishment of the state's right-of-way for the Harkins Slough Road Bridge at West Branch of Struve Slough project; directed Public Works to return on or before December 14, 2004 with a status report, as recommended by the Director of Public Works

44.   APPROVED plans, specifications and engineer's estimate for the McGaffigan Mill Road Bridge Replacement project; authorized calling for bids; set the bid opening on June 22, 2004 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

45.   ACCEPTED settlement offer from Monterey Bay Unified Air Pollution Control District for the County Service Area No. 10, Rolling Woods treatment plant process violation, and approved payment in the amount of $210.60 to the Monterey Bay Unified Air Pollution Control District, as recommended by the Director of Public Works

46.   ACCEPTED improvement for the Soquel Drive (Bargetto) Bridge Replacement and Streetscape project; approved final cost in the amount of $3,591,003.32; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

47.   APPROVED final map of Tract 1424 Harbor Beach Homes; authorized the Director of Public Works to sign the Subdivisions Agreement; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

48.   APPROVED findings that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency repair of three crib walls and drainage outfall on East Cliff Drive between 33rd and 36th Avenues; waived advertising of the bids per Public Contract Code Section 20134 and 22050; directed the Department of Public Works and the Redevelopment Agency to return on June 8, 2004 regarding the approval of plans and specifications, authorizing the selection of a contractor through a non-competitive solicitation process, awarding of the contract, construction schedule, and project financing, as recommended by the Director of Public Works

49.   SEE ITEM NO. 57.3 REGULAR AGENDA

50.   ACCEPTED site improvements for Tract 1412, Clearwater Court as completed; adopted RESOLUTION NO. 176-2004 accepting Clearwater Court into the County maintained road system; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

51.   ACCEPTED AND FILED report on the Abandoned Vehicle Abatement (AVA) program; directed Public Works to implement the proposed sign and public outreach program; and directed Public Works to return on or before September 28, 2004 with a status report; with an additional direction, in the Second District, to add Buena Vista Drive and Bonita Drive to the established list and if only three sites can be accommodated, delete San Andres Road and Trout Gulch Road

52.   SEE ITEM NO. 57.4 REGULAR AGENDA

53.   DELETED ITEM

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED cost share agreement for construction of Roland Drive and Thirty-Fifth Avenue drainage improvements in an amount not-to-exceed $77,500; authorized the Capital Projects Program Manager to sign on behalf of the Agency; and approved related actions, as recommended by the Redevelopment Agency Executive Director

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street addresses (APN if no street addresses): APN 029-010-18, 20 and 21 Negotiating party (not agent): Betsey Lynberg, Redevelopment Agency

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

56.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5, to convene and carry out a special meeting

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

57.1.   DIRECTED the County Administrative Officer to include a report in the Supplemental Budget for fiscal year 2004/2005 concerning the Water Resources Program, as outlined, as recommended by Supervisor Stone
SCBPW

57.2.   ADOPTED RESOLUTION NO. 177-2004 accepting and appropriating $461,000 in unanticipated California Healthcare for Indigent Program (CHIP) revenue into the MediCruz budget, as recommended by the Health Services Agency Director
BPCSW

57.3.   ACCEPTED low bid of Anderson Pacific Engineering Construction, Incorporated in the amount of $4,131,362.50 for the Harkins Slough Road Bridge at West Branch Struve Slough project; authorized the award of contract; approved independent contractor agreement with 123 Engineering, Incorporated for construction engineering, inspection, and materials testing services for a total not-to-exceed amount of $494,876.80; adopted RESOLUTION NO. 178-2004 accepting and appropriating unanticipated revenue in the amount of $68,837.46 from the Pajaro Valley Unified School District; adopted RESOLUTION NO. 179-2004 accepting and appropriating unanticipated revenue in the amount of $1,517,540 from the Department of Transportation; and approved related actions; with an additional direction to accept the information that the City of Watsonville will contribute $80,000 to this project and reimburse the County's road fund
CPBSW

57.4.   REQUESTED the Treasurer-Tax Collector to include notification of Public Works' Roadside Vegetation Control Program on the annual property tax bill for 2004, as recommended by the Director Public Works
CBPSW

57.5.   ACCEPTED AND FILED report on the Marijuana Suppression Program activities; approved renewal of the Cannabis Eradication Program grant in the amount of $22,000 for fiscal year 2004/2005 from the Drug Enforcement Administration Program; approved grant application for the Marijuana Suppression Program; authorized the Sheriff-Coroner and County Administrative Officer to sign the grant statement, including any extensions or amendments thereof; and adopted RESOLUTION NO. 180-2004 authorizing the Sheriff-Coroner to apply and accept funds during fiscal year 2004/2005 for the Marijuana Suppression Program Grant and Cannabis Eradication Program Grant, as recommended by the Sheriff-Coroner
CPBSw

58.   CONSIDERED 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, to consider possible alternatives, including whether to continue, suspend, or terminate the relinquishment process and to considered options for the governance of near and long term maintenance of the Pajaro River and Salsipuedes Creek;

(1) terminated the plan to relinquish the County's maintenance responsibility of the Pajaro River to the State Department of Water Resources and directed the Public Works Department to advise the appropriate agencies of this direction;

(2) directed the Department of Public Works and the County Administrative Office to work with Monterey County in an effort to create agreement on near term joint river maintenance
(1) CPBSW
(2) PCBSW

59.   AS THE BOARD OF DIRECTORS OF THE PAJARO VALLEY STORM DRAIN MAINTENANCE DISTRICT, CONSIDERED 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, to consider possible alternatives, including whether to continue, suspend, or terminate the relinquishment process and to consider options for the governance of near and long term maintenance of the Pajaro River and Salsipuedes Creek;

(1) terminated the plan to relinquish the County's maintenance responsibility of the Pajaro River to the State Department of Water Resources and directed the Public Works Department to advise the appropriate agencies of this direction;

(2) directed the Department of Public Works and the County Administrative Office to work with Monterey County in an effort to create agreement on near term joint river maintenance
(1) CPBSW
(2) PCBSW

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CONSIDERED 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, to consider possible alternatives, including whether to continue, suspend, or terminate the relinquishment process and to consider options for the governance of near and long term maintenance of the Pajaro River and Salsipuedes Creek;

(1) terminated the plan to relinquish the County's maintenance responsibility of the Pajaro River to the State Department of Water Resources and directed the Public Works Department to advise the appropriate agencies of this direction;

(2) directed the Department of Public Works and the County Administrative Office to work with Monterey County in an effort to create agreement on near term joint river maintenance
(1) CPBSW
(2) PPBCSW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS