Santa Cruz County Board of Supervisors Minutes: 6/15/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 17
Tuesday, June 15, 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 No. 37.1 ADDITIONS TO THE REGULAR AGENDA: added to Item No. 39, Zone 5: Item No. 1.4
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twelve people 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 June 3, 2004 through June 9, 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.   AUTHORIZED the Auditor-Controller to proceed with necessary actions to secure the 2004/2005 Tax and Revenue Anticipation Notes for a not-to-exceed total of $61 Million; adopted RESOLUTION NO. 202-2004 authorizing the sale of the 2004/2005 Tax and Revenue Anticipation Notes with a report back during Budget Hearings, as recommended by Auditor-Controller

11.   ACCEPTED AND FILED report on Community Television of Santa Cruz County; approved 2004/2005 activities plan and budget; and approved three year capital expenditure request, as recommended by the County Administrative Officer

11.1.   SEE ITEM NO. 47.2 REGULAR AGENDA

12.   ADOPTED RESOLUTION NO. 203-2004 accepting unanticipated revenue in the Clerk-Recorder Department in the amount of $8,000 and appropriating the funds in salaries and benefits to provide for realignment of budgeted appropriations to meet estimated expenditures through the end of the 2003/2004 fiscal year, as recommended by the County Clerk-Recorder

13.   APPROVED revised Santa Cruz County Fire Agencies Insurance Group Joint Powers Agreement and authorized the County Fire Chief to sign the agreement on behalf of the County, as recommended by the Emergency Services Administrator

14.   ADOPTED RESOLUTION NO. 204-2004 accepting and appropriating $10,000 in insurance settlement funds for refurbishment of the Emergency Services communications van, as recommended by the Emergency Services Administrator

15.   AUTHORIZED the Emergency Services Administrator to formally notify the California Department of Forestry and Fire Protection, prior to June 30, 2004, of the County's intention to contract for services in fiscal year 2005/2006, as recommended by the Emergency Services Administrator

16.   SEE ITEM NO. 47.1 REGULAR AGENDA

17.   ACCEPTED AND FILED status report on Juvenile Detention, Court Commitments and Detention Alternatives, as recommended by the Chief Probation Officer

18.   ADOPTED RESOLUTION NO. 205-2004 authorizing the submission of a proposal for the Juvenile Accountability Block Grant 2004 Program, as recommended by the Chief Probation Officer

19.   APPROVED transfer of $90,000 of appropriations in the Juvenile Hall Index from Services and Supplies to Salaries and Benefits in Juvenile Hall Index 572000, as recommended by the Chief Probation Officer

20.   ACCEPTED nomination of various persons for reappointment to the Workforce Investment Board, as at-large appointees in the categories indicated, for terms to expire June 30, 2008, with final appointment to be made June 22, 2004, as recommended by Chair Wormhoudt

21.   CONTINUED TO JUNE 16, 2004 resolution accepting and appropriating $41,239 of unanticipated Federal revenue into the Health Services Agency Alcohol and Drug Program budget; approve transfer of appropriations of $5,000 within the Probation Department budget; approve agreements with Pajaro Valley Prevention and Student Assistance increasing the maximum amount by $88,523 to $359,714 for juvenile drug court services, University of California, San Francisco increasing the maximum amount by $45,950 to $270,950 for program evaluation services, Santa Cruz Community Counseling Center increasing the maximum amount by $69,793 to $2,185,756 for drug treatment prevention services, Santa Cruz Community Counseling Center extending the term to June 30, 2008 and adding services to clients age 18-20, Janus of Santa Cruz extending the term to June 30, 2006, and authorize the Health Services Agency Director to sign

22.   AUTHORIZED the $1,150 increase for the fixed asset in the Emergency Management Services Division of Health Services Agency, as recommended by the Health Services Agency Director

23.   ADOPTED RESOLUTION NO. 206-2004 accepting and appropriating $2,000 in unanticipated revenue for the Health Services Agency Child Passenger Safety Program; authorized the Health Services Agency to submit applications for continuation 2004/2005 funding of $106,288 for the Title II CARE Act program and $97,735 for the Housing Opportunities for People with AIDS (HOPWA) program; approved two AIDS grant agreement amendments extending the terms to June 30, 2005 with Santa Cruz AIDS Project increasing the maximum amount by $24,498 to $100,557 and Community Bridges increasing the maximum amount by $6,900 to $9,970; approved three new nutrition grant agreements effective October 1, 2003 with Pajaro Valley Unified School District in the amount of $71,546, Community Bridges in the amount of $20,000 and Perales and Perales in the amount of $27,884; and approved a $89,000 transfer of appropriations within Public Health, as recommended by the Health Services Agency Director

24.   CONTINUED TO JUNE 16, 2004 approval of amendments to mental health agreements with Santa Cruz Community Counseling Center decreasing the maximum amount by $6,400 to $195,900, Volunteer Center increasing the maximum amount by $10,447 to $47,347, Youth Resource Bank increasing the maximum amount by $10,000 to $102,500, Santa Cruz Community Counseling Center increasing the amount by $365,074 to $5,727,978, Volunteer Center with no change to the maximum amount, and Front Street increasing the maximum amount by $6,000 to $3,443,500, and authorize the Health Services Agency Director to sign

25.   APPROVED agreements with the State Department of Health Services, a revenue agreement for the period of 2004/2005 through 2006/2007 providing federal Targeted Case Management funding, and the Central Coast Alliance for Health increasing the maximum amount by $70,000 to $210,000 to support federal grant activities, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

26.   APPROVED agreements for United States Department of Urban Development (HUD) lead grant activities with Salud Para la Gente in the amount of $49,014 through September 2007, the Rios Company in the amount of $104,850 through March 2007, and the City of Watsonville in the amount of $1,251,457 through September 2007, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

27.   APPROVED agreements with the State Department of Mental Health, a 2004/2005 revenue agreement for mental health managed care funding, Santa Cruz County Office of Education, a revenue agreement for school mental health services funding, State Department of Mental Health, a new agreement in the amount of $265,969 for mental health state hospital beds, State Department of Rehabilitation an amendment decreasing the maximum amount by $58,042 to $57,955, Value Options, a new agreement for out-of-county mental health care for adolescents at various rates as specified in the contract, and JC Nationwide, a new agreement at a rate of $112 per hour for locum tenens psychiatric services, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

28.   APPROVED amendment to agreement with Parent Center, Incorporated for the Child Abuse Prevention, Intervention and Treatment Program, as recommended by the Human Resources Agency Director

29.   ACCEPTED AND FILED report back on local Senate vote on Senate Bill 744 relating to the appeal process for local housing developments, as recommended by the Planning Director

30.   ADOPTED RESOLUTION NO. 207-2004 accepting the Offers of Dedication for the Gross Road Improvement project, as recommended by the Director of Public Works

31.   APPROVED transfer of funds in the amount of $15,000 from services and supplies to fixed assets for the purchase of a sorting line feed conveyor for the construction and demolition recycling program, as recommended by the Director of Public Works

32.   ACCEPTED AND FILED report on securing a power sales agreement for the Buena Vista Landfill Gas Power, as recommended by the Director of Public Works

33.   APPROVED road closures and race for the Thirty-Second Annual Wharf-to-Wharf Race for July 25, 2004, and directed the Public Works Department to issue the race permit, as recommended by the Director of Public Works

34.   DIRECTED Public Works to negotiate a draft agreement with the Mesa Grande property owners and report back on or before September 14, 2004 with the proposed agreement or a termination letter to the Soquel Creek Water District, as recommended by the Director of Public Works

35.   ACCEPTED and approved engineer's report for County Service Area (CSA) No. 58, Ridge Drive, Zones 3 and 4; adopted RESOLUTION NO. 208-2004 of intention to authorize and levy an assessment for road maintenance and operations; approved re-notice of public hearing, ballot procedures, and ballots for the proposed increased 2004/2005 assessments; scheduled a public hearing on Tuesday, August 3, 2004; and approved related action, as recommended by the Director of Public Works

36.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, APPROVED payment to the United States Geological Survey (USGS) in the amount of $12,825 for investigation of water resources for federal fiscal year 2003/2004, as recommended by the District Engineer

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED funding of $5,000 for the Pleasure Point Street Faire, as recommended by the Redevelopment Agency Executive Director

37.1.   ADOPTED RESOLUTION NO. 209-2004 in opposition to Assembly Bill 2290, exempting state agencies from payment of refuse collection franchise fees, and directed the Clerk of the Board to convey the resolution to the County's legislative representatives, as recommended by the Director of Public Works

38.   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. BNY Western Trust Company, et al.

Santa Cruz Superior Court Case No. CV 140183

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units and Unrepresented Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

39.   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 regularly scheduled meeting

40.   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 7, to convene and carry out a regularly scheduled meeting

41.   Public hearing held to consider County Service Area (CSA) No. 4 and County Service Area (CSA) No. 48 Fire Protection Assessment Service Charge Reports for 2004/2005;

1) opened public hearing to hear objections to the proposed CSA 4 and CSA 48 2004/2005 Service Charge Reports;

2) closed public hearing;

3) adopted RESOLUTION NO. 210-2004 Confirming Service Charge Reports for Fiscal Year 2004/2005 for County Service Area 48 - County Fire Protection and County Service Area 4 - Pajaro Dunes; and adopted RESOLUTION NO. 211-2004 Confirming Previously Established Benefit Assessments for the 2004/2005 Fiscal Year for County Service Area 48 - County Fire Protection County Service Area 4 - Pajaro Dunes
PCBSW

42.   Public hearing held to consider adoption of resolutions establishing the 2004/2005 assessments/service charges and confirming the proposed 2004/2005 Assessment/Service Charge Reports for County Service Area No. 12, Wastewater Management;

1) opened the public hearing to hear objections to the proposed benefit Assessments/Service Charges and the proposed 2004-05 Assessment/Service Charge Reports for County Service Area No. 12, Wastewater Management;

2) closed public hearing; adopted RESOLUTION NO. 212-2004 Establishing Benefit Assessments/Service Charges for County Service Area No. 12: Septic System Maintenance, San Lorenzo Wastewater Management (Zone A), and Inspection and Monitoring of Nonstandard Systems; and adopted RESOLUTION NO. 213-2004 Confirming Assessment/Service Charge Reports for the 2004-05 Fiscal Year for County Service Area No. 12: Septic System Maintenance (CSA 12), San Lorenzo Wastewater Management (CSA 12A), and Inspection and Monitoring of Nonstandard Sewage Disposal Systems (CSA 12N)
PBCSW

43.   Continued public hearing held to consider results of the ballot procedure for the Mosquito and Disease Control Assessment District for County Service Area (CSA) No. 53;

1) closed public hearing;

2) announced the results of the ballot procedure for proposed Mosquito and Disease Control Assessment for CSA No. 53;

3) accepted the certification of the results of the ballot procedure and directed the Agricultural Commissioner to retain the ballots for at least three years following the public hearing; and

4) adopted RESOLUTION NO. 214-2004 approving the final engineer's report, confirming the diagram, and authorizing and levying an assessment for the Mosquito and Disease Assessment in Santa Cruz County Mosquito and Vector Control CSA No. 53 for Fiscal Year 2004-05 and each year following
CBPSW

44.   APPROVED appointment of Paul Arsenault to the Workforce Investment Board, as an at-large representative of organized labor, in accordance with County Code Section 2.110.020, for a term to expire on June 30, 2008
SPBCW

45.   CONSIDERED reports concerning the scheduling of the adoption of the 2004/2005 County Budget;

accepted the proposal and adopted the process, as outlined, under Procedural Requirements on page four of the County Administrative Office report dated June 14, 2004
WCBPS

46.   CONSIDERED bid protests filed by ZCON Builders and Devcon Construction related to the Live Oak Library project;

(1) denied the bid protest submitted by ZCON Builders;

(2) denied the bid protest submitted by DEVCON Construction;

(3) awarded the contract for the construction of Live Oak Library Project (03C1-013) to Green Valley Corporation doing business as Barry Swenson Builder, in the amount of $4,473,857 and authorized the Redevelopment Agency Capital Projects Program Manager to sign the contract and associated documents on behalf of the Agency;

(4) authorized the Redevelopment Agency Capital Projects Program Manager to approve change order for the general contract per the Board approved Redevelopment Agency policy and appropriate $150,000 in addition to the contract amount to cover change order expenditures, as required;

(5) approved Contract and Scope of Services with Dynamic Consultants, Inc., for Special Inspection and Testing services for the construction of the Live Oak Library in an amount not to exceed $55,621 and authorized the Redevelopment Agency Capital Projects Program Manager to sign the contract on behalf of the Agency; and

(6) concurred with and adopted the associated findings
BWPCS

47.   CONSIDERED report on status of repeal of the County's Emergency Response Fee Ordinance and considered creation of senior exemption;

1) accepted and filed report;

2) directed County Counsel to return on August 3, 2004, with a resolution and all other actions required to place the initiative to repeal the County's Emergency Response Fee Ordinance on the ballot for the November 2004 General Election; and

3) approved "in concept" ordinance amending Chapter 4.28 of the County Code by adding a Senior's exemption to return on August 3, 2004 for final adoption; with an additional direction, under Section I, 4.28.050 Exemptions, delete B. 2 and delete the word "and" in B.1., which would then read: "Any customer of a service provider who certifies that he or she is 62 years of age or older"
PBCSw

47.1.   APPROVED the transfer of funds within the Worker's Compensation program, as recommended by the Personnel Director and Risk Manager
BPCSW

47.2.   ACCEPTED AND FILED Integrated Pest Management (IPM) Program Annual Report; approved the 2004 IPM Policy; and approved related actions, as recommended by the County Administrative Officer
CPBSW

48.   RECEIVED bids regarding Sunbeam Woods - County Service Area (CSA) No. 44 Overlay Project 2004 (5th District) and referred to the Department of Public Works to return on or before June 22, 2004 with recommendation on awarding of bid
BP(C)SW with Supervisor Campos voting no because he owns stock in Granite Construction

49.   RECEIVED bids regarding El Rancho Drive Storm Damage Repair at Highway 17 - Beulah Park Undercrossing and referred to the Department of Public Works to return on or before June 22, 2004 with a recommendation on awarding of bid
BPCSW

50.   Continued public hearing from June 14, 2004 regarding the 2004/2005 Santa Cruz County Budget; report provided by the County Administrative Officer on the 2004/2005 Proposed Budget; three people addressed the Board

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS