Santa Cruz County Board of Supervisors Minutes: 6/8/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 16
Tuesday, June 8, 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.		Supervisor Stone absent
2.		Moment of Silence and Pledge of Allegiance
3.		ADDED: CLOSED SESSION AGENDA: as Item No. 60.1: Executive Session - IHSS PUBLIC AUTHORITY BOARD: CONFERENCE WITH LABOR NEGOTIATOR IHSS Public Authority Negotiator: Director of Personnel Employee Organization: IHSS Public Authority Employees REPORT OF COUNTY COUNSEL - will be given at the conclusion of the closed session on any reportable action(s) taken in the closed session.
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - thirty-two people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 18, 2004 and May 25, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of May 19, 2004 through June 2, 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.   REJECTED the claim of James Cunningham, No. 304-109, and referred to County Counsel

11.   REJECTED the claim of the Estate of Antonio Cruz Alvarez, No. 304-112A, and referred to County Counsel

12.   REJECTED the claim of Maria De La Luz Guillen, No. 304-112B, and referred to County Counsel

13.   REJECTED the claim of Antonio Cruz, No. 304-112C, and referred to County Counsel

14.   REJECTED the claim of Diana Cruz, No. 304-112D, and referred to County Counsel

15.   REJECTED the claim of Gabriela Cruz, No. 304-112E, and referred to County Counsel

16.   REJECTED the claim of Isela Cruz, No. 304-112F, and referred to County Counsel

17.   ADOPTED RESOLUTION NO. 181-2004 scheduling a public hearing on Tuesday, June 22, 2004, on the morning agenda, at 9:00 a.m. or thereafter on the proposed 2004/2005 Assessment Rate Report for Mosquito Abatement/Vector Control, County Service Area No. 53, as recommended by the Agricultural Commissioner

18.   AUTHORIZED the Auditor-Controller to make a temporary working capital loan to the Branciforte Fire Protection District in an amount not-to-exceed $10,000 to be repaid with interest at the rate earned by the County's pooled investment fund, as recommended by the Auditor-Controller

19.   AUTHORIZED the District Attorney to sign a Certification of Assurance and Compliance, and approved submittal of grant re-application to the Governor's Office of Emergency Services in the amount of $273,679 for the fiscal year 2004/2005 Anti-Drug Abuse Program, as recommended by the District Attorney

20.   AUTHORIZED the District Attorney to sign a Certification of Assurance and Compliance, and approved submittal of grant re-application to the Governor's Office of Emergency Services in the amount of $42,715 for the 2004/2005 Child Abuser Vertical Prosecution Block Grant Program, as recommended by the District Attorney

21.   SCHEDULED a public hearing on Tuesday, June 22, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider ratification of fire districts' final ordinances and to consider revisions to Chapter 7 of the County Code adopting the Urban/Wildland Intermix Code, as recommended by the Emergency Services Administrator

22.   APPROVED award of contract to First Alarm in the amount of $283,761 for the Main Jail Fire Alarm System Upgrade project; authorized the General Services Director to sign the contract agreement and associated documents on behalf of the Board; adopted RESOLUTION NO. 182- 2004 accepting and appropriating revenue in the amount of $36,000; approved transfer of funds in the amount of $30,000; and approved related actions, as recommended by the Director of General Services

23.   AWARDED contract to Pacific Crest Construction in the amount of $338,700 for the 26th Avenue Beach Access Stairway 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 $29,435, in addition to the contract amount, to cover change order expenditures; and approved related fiscal action, as recommended by the Director of General Services

24.   DEFERRED recommendation of award for the Live Oak Library project until June 15, 2004, as recommended by the Director of General Services

25.   ACCEPTED the Refrigeration Unit Replacement project at 3650 Graham Hill Road as completed; approved final cost in the amount of $49,835; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

26.   APPROVED contract amendment with Ollin Associates, Incorporated in the amount of $30,000 to serve as Community Developer and Family Partnership Coordinator for the Reclaiming Futures program, funded through the Robert Wood Johnson Foundation, as recommended by the Chief Probation Officer

27.   APPROVED 2003/2004 contract amendment with Community Action Board of Santa Cruz County, Incorporated in the amount of $14,500 to expand services to the Juvenile Accountability Block Grant (JABG) program, as recommended by the Chief Probation Officer

28.   APPROVED payment to Pacific Salvage, Incorporated in the amount of $16,871 for the removal of a vessel from the beach, related equipment requirements, and storage; and adopted RESOLUTION NO. 183-2004 accepting unanticipated revenue in the amount of $15,183 from the City of Santa Cruz into Professional Services, as recommended by the Sheriff-Coroner

29.   ACCEPTED nomination of Paul Arsenault for appointment to the Workforce Investment Board, as an at-large representative of organized labor, for a term to expire June 30, 2008, with final appointment to be made June 15, 2004, as recommended by Supervisor Stone

30.   ACCEPTED AND FILED annual report of the Local Mental Health Board, and approved related action, as recommended by Chair Wormhoudt

31.   ACCEPTED AND FILED report on the need to continue the state of local emergency relative to the transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

32.   AUTHORIZED payment of 14 invoices over one year old from Mission Linen totaling $453.40, as recommended by the Health Services Agency Director

33.   ACCEPTED AND FILED report on finances from the Central Coast Alliance for Health and directed the Health Services Agency to work with the Alliance and to report back on December 7, 2004 with an update on financial stability of the Alliance, as recommended by the Health Services Agency Director

34.   AUTHORIZED submission of grant application to the Community Foundation of Santa Cruz for the Eat Well, Be Well project in the amount of $9,500, as recommended by the Health Services Agency Director

35.   ACCEPTED AND FILED report on impacts of the new state nurse ratio law on hospitals in our community, as recommended by the Health Services Agency Director

36.   ADOPTED RESOLUTION NO. 184-2004 in support of Senate Bill 1671 relating to the Medicare and MediCal funding integration and directed the Chair of the Board of Supervisors to send letters to our State legislators and the Governor in support of this program of combining health financing streams and service delivery, with inclusion of pilot programs, as recommended by the Health Services Agency Director

37.   AUTHORIZED issuance of ambulance operator's license to American Medical Response West for 2004/2005, as recommended by the Health Services Agency Director

38.   APPROVED $85,520 in Child Care Fee Loans, and authorized the Human Resources Agency Director to sign standard loan documents with the borrowers on behalf of the County; with an additional direction to delete the reference to the loan for Susun Levey/Susun Gallery Artschool, and the Human Resources Agency will bring it back at the appropriate time

39.   APPROVED Request for Proposals for the Options for Recovery Program and directed the Human Resources Agency Director to return on August 3, 2004 with a recommendation for the award of the contract, as recommended by the Human Resources Agency Director

40.   APPROVED transfer of appropriations in the amount of $185,000 within Index 392200, Categorical Assistance, as recommended by the Human Resources Agency Director

41.   ADOPTED RESOLUTION NO. 185-2004 opposing Senate Bill 744 relating to the appeal process for local housing developments, and approved related actions; with an additional direction to staff to report back on June 15, 2004 on how the Senators voted on Senate Bill 744

42.   SEE ITEM NO. 76.1 REGULAR AGENDA

43.   ACCEPTED improvements for the Lake and Fifth Avenues Improvements, East Cliff Drive to Eaton Street project; approved final cost in the amount of $733,968.51; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

44.   APPROVED independent contractor agreement with Sequoia Seminar for construction of a food waste compost system for a not-to-exceed amount of $4,550 and authorized the Director of Public Works to sign, as recommended by the Director of Public Works

45.   AUTHORIZED the transfer of $25,000 from Appropriations for Contingencies to Treatment Plant and Sewer Line Maintenance and Operations within the Boulder Creek County Service Area (CSA) No. 7 budget, as recommended by the Director of Public Works

46.   APPROVED amendment to agreement with Peterson Powers Systems for heavy equipment parts and specialized repair services increasing the contract to a total not-to-exceed amount of $270,000 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

47.   APPROVED independent contractor agreement with the 14th District Agricultural Associate (Santa Cruz County Fair) to augment recycling at the Santa Cruz County fairgrounds, for a not-to-exceed amount of $6,000; authorized the Director of Public Works to sign on behalf of the County, as recommended by the Director of Public Works

48.   SEE ITEM NO. 76.2 REGULAR AGENDA

49.   APPROVED amendment to agreement with the Valley Women's Club of San Lorenzo Valley realigning the 2003/2004 budget for operation of the drop-off recycling facilities at the Ben Lomond Transfer Station, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

50.   AUTHORIZED payment to URS Corporation for outstanding charges for the Valencia Road Bridge and Browns Valley Road Bridge projects in the amounts of $9,819.32 and $19,145.61, respectively, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 186-2004 accepting unanticipated revenue in the amount of $36,000 for the preliminary engineering of the Quail Hollow Bridge Replacement project; authorized the Department of Public Works to solicit proposals to provide environmental services for the Quail Hollow Bridge Replacement project; approved agreement with Parikh Consultants, Incorporated for a not-to-exceed amount of $22,006.30 to provide bridge foundation geotechnical consultation; and approved related action, as recommended by the Director of Public Works

52.   ACCEPTED AND FILED status report on the Joint Powers Facilities Construction Agreement between the County and Cabrillo College for construction of transportation and roadside improvements on Soquel Drive and the realignment of Cabrillo College Drive within the Cabrillo College campus area; directed the Department of Public Works to report back on or before December 7, 2004, as recommended by the Director of Public Works

53.   ACCEPTED AND FILED report on Emerging Waste Management Technologies, as recommended by the Director of Public Works

54.   APPROVED plans and specifications for emergency repairs along East Cliff Drive, 33rd Avenue to 36th Avenue; accepted bids for the emergency repairs and finish work; and approved related actions, as recommended by the Director of Public Works

55.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED independent contractor agreement with Sala Brothers Water Trucking, Incorporated in the amount of $23,201 for fiscal year 2003/2004 and $25,000 for fiscal year 2004/2005, for trucking of water to the Davenport water storage tank and authorized the District Engineer to sign the agreement, as recommended by the Director of Public Works

56.   APPROVED recommendations on use of Proposition 40 Funds as presented by the Parks Commission and directed Parks Department staff to begin implementation, as recommended by the Director of Parks, Open Space and Cultural Services

57.   SEE ITEM NO. 79.1 REGULAR AGENDA

58.   ADOPTED RESOLUTION NO. 187-2004 scheduling a public hearing on Tuesday, August 3, 2004, on the morning agenda, at 9:00 a.m. or thereafter on the benefit assessment/service charge report for County Service Area (CSA) No. 9E, Streetscape Maintenance, and directed the Clerk of the Board to take related action, as recommended by the Redevelopment Agency Executive Director

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AWARDED contract for the Live Oak Library Lagoon Restoration project to Quality Landscape Company in the amount of $72,480 and approved related action, as recommended by the Redevelopment Agency Executive Director and the Director of General Services

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED construction financing for the East Cliff Drive Emergency Crib Wall Repair project and approved related actions, as recommended by the Redevelopment Agency Executive Director

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

Executive Session - IHSS PUBLIC AUTHORITY BOARD

CONFERENCE WITH LABOR NEGOTIATOR

IHSS Public Authority Negotiator: Director of Personnel

Employee Organization: IHSS Public Authority Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

61.   ADOPTED schedule for the 2004/2005 Budget Hearings, and directed the Clerk of the Board to provide the required public notice
CBP/S/W

62.   ACCEPTED AND FILED Volume II, Departmental Line Item Budget Detail for the 2004/2005 Proposed Budget
PCB/S/W

63.   CONSIDERED the possibility of postponing adoption of the 2004/2005 County Budget until the State approves its budget;

(1) directed County Counsel to inform the Board at the June 15, 2004, meeting whether the Board may legally postpone adoption of the 2004/05 County budget until the State approves its budget and, if so, what actions the Board would need to take in order to do so;

(2) and directed the County Administrative Officer to report at the June 15, 2004, meeting on the ramifications of the Board's delaying action on the 2004/05 budget until the State budget is adopted
CPB/S/W

64.   Public hearing held to consider the proposed disposition (sale) of the Live Oak Elena Baskin Senior Center (Assessor's Parcel No.: 029-101-20 and the majority of -21) to the Live Oak School District;

(1) opened public hearing consistent with the completed public noticing and public hearing requirements of the Redevelopment Law; and

(2) continued consideration of this matter to June 22, 2004
PBC/S/W

65.   Public hearing held on the proposed three percent (3%) rate increase for Franchise Refuse, Recycling and Yard Waste Collection Services;

closed public hearing;

approved the proposed three percent (3%) rate increase for Franchise Refuse, Recycling and Yard Waste Collection Services
CPB/S/W

66.   Continued public hearing for the proposed 2004/2005 benefit assessment/service charge reports for various County Services;

closed public hearing;

(1) accepted the certification of the results of 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, Zones 1-4, and directed the Director of Public Works to retain the ballots for at least six months following the certification;

(2) ADOPTED RESOLUTION NO. 188-2004 authorizing and levying an assessment for road maintenance and operations within County Service Area (CSA) No. 23, Zone C, Old Ranch Road; adopted RESOLUTION NO. 189-2004 authorizing and levying an assessment for road maintenance and operations within County Service Area (CSA) No. 28, Lomond Terrace; adopted RESOLUTION NO. 190-2004 authorizing and levying an assessment for road maintenance and operations within County Service Area (CSA) No. 47, Braemoor Drive and adopted RESOLUTION NO. 191-2004 authorizing and levying an assessment for road maintenance and operations within County Service Area (CSA) No. 58, Ridge Drive, Zones 1-4 for the 2004/05 fiscal year and each year following
PB/C//S/W

67.   Public hearing held on the proposed 2004/2005 service charge report for County Service Area (CSA) No. 2, Place de Mer;

(1) opened public hearing, to hear objections or protests, to the proposed 2004/2005 service charge report for County Service Area (CSA) No. 2, Place De Mer;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 192-2004 confirming the service charge report for CSA No. 2, Place de Mer
PBC/S/W

68.   Public hearing held on the proposed 2004/2005 service charge report for Sanitation County Service Area (CSA) No. 5, Sand Dollar Beach and Canon Del Sol;

(1) opened public hearing, to hear objections or protests, to the proposed 2004/2005 service charge report for CSA No. 5, Sand Dollar Beach and Canon Del Sol;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 193-2004 confirming the service charge report for CSA No. 5, Sand Dollar Beach and Canon Del Sol
PBC/S/W

69.   Public hearing held on the proposed 2004/2005 service charge report for County Service Area (CSA) No. 7, Boulder Creek;

(1) opened public hearing, to hear objections or protests, to the proposed 2004/2005 service charge report for County Service Area (CSA) No. 7, Boulder Creek;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 194-2004 confirming the service charge report for CSA No. 7, Boulder Creek
CPB/S/W

70.   Public hearing held on the proposed 2004/2005 service charge report for County Service Area (CSA) No. 10, Rolling Woods;

(1) opened public hearing, to hear objections or protests, to the proposed 2004/2005 service charge report for County Service Area (CSA) No. 10, Rolling Woods;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 195-2004 confirming the service charge report for CSA No. 10, Rolling Woods
PBC/S/W

71.   Public hearing held on the proposed 2004/2005 service charge report for County Service Area (CSA) No. 20, Trestle Beach;

(1) opened public hearing, to hear objections or protests, to the proposed 2004/2005 service charge report for County Service Area (CSA) No. 20, Trestle Beach;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 196-2004 confirming the service charge report for CSA No. 20, Trestle Beach
PCB/S/W

72.   Public hearing held on the proposed 2004/2005 Mosquito and Disease Control Assessment for County Service Area (CSA) No. 53;

(1) opened public hearing, to hear objections or protests, to the proposed 2004/05 Mosquito and Disease Control Assessment for County Service Area (CSA) No. 53;

(2) requested submittal of ballots for proposed 2004/2005 Mosquito and Disease Control Assessment for CSA No. 53;

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

(4) continued public hearing to June 15, 2004, to allow for tabulation and certification of the ballots
CPB/S/W

73.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held on the 2004/2005 Davenport County Sanitation District sewer and water service charge report;

(1) opened public hearing, to hear objections or protests, to the 2004/2005 sewer and water service charge report for Davenport County Sanitation District;

(2) closed public hearing and at the conclusion of the hearing adopted RESOLUTION NO. 197-2004 confirming the 2004/2005 sewer and water service charge report for Davenport County Sanitation District
PBC/S/W

74.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on the 2004/2005 Freedom County Sanitation District sewer service charge report;

(1) opened public hearing, to hear objections or protests, to the sewer service charge report for the Freedom County Sanitation District;

(2) closed public hearing and at the conclusion of the hearing adopted RESOLUTION NO. 198-2004 confirming the 2004/2005 sewer service charge report for the Freedom County Sanitation District
CPB/S/W

75.   CONSIDERED 2003/2004 Equal Employment Opportunity Annual Report and considered related actions;

(1) accepted and filed report on 2003/2004 Equal Employment Opportunity Annual Report;

(2) directed the EEO Office to return on January 25, 2005 with EEO/Cultural Competency Plans for County departments that incorporates the new Census data
PCB/S/W

76.   Public hearing held on the use of tax increment funds for the construction of the Live Oak Library, and review and approve the Summary Report for Public Hearing held on the Live Oak Library project;

(1) conducted public hearing on the Redevelopment Agency's financial participation in the Live Oak Library;

(2) closed public hearing;

(3) approved Summary Report for Public Hearing on the Live Oak Library Project, dated May 25, 2004, which includes both estimated costs and findings relative to the project
BPC/S/W

76.1.   CONTINUED consideration of the Capital Improvement Program (CIP) to the individual departmental budget hearings;

(1) continued consideration of the Capital Improvement Program (CIP) to the individual departmental budget hearings;

(2) and directed the Public Works Department to present a Final 2004/2005 Capital Improvement Program, incorporating all changes that your Board adopts as part of the 2004/2005 budget hearings in CIP related budget appropriations, on or before December 7, 2004, pursuant to the annual CIP cycle adopted by your Board;

(3) with an additional direction to include a report back during Parks Department budget hearings on the joint agreement with Public Works for the Moran Lake Park Master Plan and Habitat Restoration Project
BPC/S/W

76.2.   ACCEPTED offer in the amount of $2,500 to purchase excess County property; adopted RESOLUTION NO. 199-2004 consummating sale; authorized the Chair of the Board of Supervisors to sign the deed; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works
CPB/S/W

77.   RECEIVED bids regarding Transmitter Room Upgrade Project and referred to the General Services Department to return on or before June 22, 2004 with recommendation on awarding of bid
CPB/S/W

78.   RECEIVED bids regarding Fire Services for Modular Courts Project and referred to the General Services Department to return on or before June 22, 2004 with recommendation on awarding of bid
CPB/S/W

79.   RECEIVED bids regarding Gross Road Improvements, Coffee Lane to Capitola City Limit Project and referred to the Department of Public Works to return on or before June 22, 2004 with recommendation on awarding of bid
PB(C)/S/W (Supervisor Campos abstained, because he owns stock in Granite Construction)

79.1.   ADOPTED RESOLUTION NO. 200-2004 accepting the terms of $300,000 in grant funds under State Coastal Conservancy Access Program for replacement of the 26th Avenue Beach Access Stairway; adopted RESOLUTION NO. 201-2004 accepting and appropriating unanticipated revenue in the amount of $300,000 from the State Coastal Conservancy; approved agreement with Ifland Engineers for $35,998 for construction inspection services; and approved related actions; with the understanding that the budget provides approximately $18,000 in additional project funds from the District One Proposition 12 Funds for landscaping and additional services; if there are additional resources remaining after the work is completed the funds will revert to the District One Proposition 12 Funds, as these funds will only be used after all other funds are exhausted
BPC/S/W

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS