Santa Cruz County Board of Supervisors Minutes: 10/5/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 28
Tuesday, October 5, 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. 44.1 and 44.2 Additions to the Regular Agenda: Item No. 50.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 21, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 23, 2004 through September 29, 2004 and approved upon adoption of the 2004/2005 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 Emmanuela Raquelle, No. 405-023, and referred to County Counsel

11.   REJECTED the claim of First Commercial Finance, No. 405-025, and referred to County Counsel

12.   REJECTED the claim of City of Santa Cruz, No. 405-026, and referred to County Counsel

13.   REJECTED the claim of Portia Halbert, No. 405-027, and referred to County Counsel

14.   REJECTED the claim of John Schultz, No. 405-028, and referred to County Counsel

15.   ADOPTED RESOLUTION NO. 330-2004 accepting unanticipated revenue in the amount of $1,200 into the Agricultural Commissioner's budget and appropriating the funds for the purchase of specific field equipment for use in Weights and Measures activities, as recommended by the Agricultural Commissioner

16.   ACCEPTED AND FILED report on interest of the cities in annexation and recommendation for expanding Mosquito and Vector Control, County Service Area (CSA) No. 53 and authorized the Agricultural Commissioner to proceed with environmental review of annexation of the cities of Scotts Valley, Capitola and Santa Cruz and return in January for consideration of approval and certification of the environmental review document, as recommended by the Agricultural Commissioner

17.   ADOPTED RESOLUTION NO. 331-2004 approving the 2004/2005 Budget for County Funds and Special Districts governed by the Board of Supervisors; canceled various appropriations due to insufficient funding or contingency balances that exceed legal limitations; adopted RESOLUTION NO. 332-2004 adopting appropriation limitations for the County and Board Governed Special Districts and referred to the County Administrative Office for a report back on any additional needed actions on or before November 2, 2004; and approved related actions, as recommended by the Auditor-Controller

18.   APPROVED amendment to agreement with Bay Building Maintenance amending the name to Bay Building Janitorial, Incorporated and authorized the Director of Child Support Services to sign the amendment on behalf of the County, as recommended by the Director of Child Support Services

19.   ACCEPTED AND FILED report on the recruitment and selection process for one position of Treasurer-Tax Collector and approved related actions, as recommended by the County Administrative Officer

20.   DEFERRED District Attorney's report on the application to the Department of Insurance for Auto Insurance Program for fiscal year 2004/2005 to October 19, 2004, as recommended by the District Attorney

21.   APPROVED gross pay adjustment in the amount of $3,380.80 for a DA Inspector II, as recommended by the District Attorney

22.   ADOPTED RESOLUTION NO. 333-2004 amending Resolution No. 279-75 relating to salary adjustments for various positions, as recommended by the Personnel Director

23.   CONTINUED TO OCTOBER 19, 2004 Inmate Welfare Fund Annual Report for Fiscal Year 2003/2004

24.   ACCEPTED nomination of Al Nocella for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2008, with final appointment to be made October 19, 2004, as recommended by Supervisor Beautz

25.   ACCEPTED nomination of Christine Carson for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2008, with final appointment to be made October 19, 2004, as recommended by Supervisor Campos

26.   ADOPTED RESOLUTION NO. 334-2004 urging support for United Food and Commercial Workers Union Local 839 in their upcoming negotiations with grocery employers, as recommended by Supervisors Stone and Wormhoudt

27.   ACCEPTED notification of an at-large vacancy on the Workforce Investment Board, for a business representative, with nominations for appointment to be received on October 19, 2004, and final appointment to be made October 26, 2004, as recommended by Chair Wormhoudt

28.   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

29.   APPROVED time change and wording changes within the Local Mental Health Board Bylaws, as recommended by the Health Services Agency Director

30.   ACCEPTED AND FILED report on Clinic Operations Management Improvement and directed the Health Services Agency to report back with further progress on the first meeting in January 2005, as recommended by the Health Services Agency Director

31.   ACCEPTED AND FILED report on reforming the California Department of Corrections prepared by the Coalition of Public Safety and directed the Clerk of the Board to forward a copy of the report to our state legislators, as requested by the County Public Health Commission, and as recommended by the Health Services Agency Director

32.   AUTHORIZED the Health Services Agency to submit a grant application to the Community Foundation of Santa Cruz County for $10,000 for Spanish language HIV prevention and education services, as recommended by the Health Services Agency Director

33.   APPROVED agreements for promoting Safe and Stable Families 2004/2005 with the Youth Resources Bank for $76,210, Mountain Community Resources for $88,403, Parents Center, Incorporated for $67,064, Community Bridges/Live Oak Family Resource Center for $24,387, Community Bridges/La Manzana Community Resources for $15,242, Familia Center for $33,532; adopted RESOLUTION NO. 335-2004 accepting and appropriating unanticipated revenue in the amount of $60,450 from the Office of Child Abuse Prevention; approved the annual Service Agreement with National Council on Crime and Delinquency in the amount of $37,500 for access to SafeMeasures; and approved related action, as recommended by the Human Resources Agency Director

34.   SCHEDULED a public hearing on Tuesday, November 2, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider Planning Commission recommendation to require on-site signs for projects reviewed at Levels IV - VII, and neighborhood meetings for projects reviewed at Levels VI and VII, as recommended by the Planning Director

35.   AUTHORIZED the Planning Director to sign contract amendment with Hansen Information Technologies and approved transfer of funds; with an additional direction that staff provide a progress report to the Board in February 2005

36.   RESCINDED policy action regarding Application 01-0151, Assessor's Parcel Number: 041-281-59, Hospice Caring Project, without prejudice, as recommended by the Planning Director

37.   APPROVED independent contractor agreement with TY Lin International/CCS Engineering, Incorporated (TY Lin/CCS) for construction engineering services for the El Rancho Drive Storm Damage Repair at Highway 17 Beulah Park Undercrossing project, for a total not-to-exceed amount of $35,000; approved amendment to agreement with TY Lin/CCS for engineering related to CALTRANS structures in the amount of $60,499 for a total not-to-exceed amount of $530,936; adopted RESOLUTION NO. 336-2004 accepting unanticipated revenue from CALTRANS in the amount of $63,524; approved transfer of appropriations in the amount of $36,750 for construction engineering expenses; and authorized the Director of Public Works to sign both agreements on behalf of the County, as recommended by the Director of Public Works

38.   ADOPTED RESOLUTION NO. 337-2004 approving and accepting terms and conditions of the rights-of-entry for the Two Bar Road Culvert Repair project; made findings that the improvements are of benefit to the project area; authorized the Director of Public Works to sign the agreements; and approved payment of claims, as recommended by the Director of Public Works

39.   APPROVED amendment to agreement with Parsons Brinkerhoff Construction Services, Incorporated for the Kings Creek Road Bridge Replacement project by revising the staff schedule and associated fees, and increasing the scope of work for additional inspection services at an increased cost of $5,000, for a not-to-exceed total of $197,957; authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

40.   DEFERRED consideration of final agreements with Ameresco to develop the Buena Vista Landfill Gas Power project until on or before December 7, 2004, as recommended by the Director of Public Works

41.   ACCEPTED AND FILED report regarding the status of the Highway 1 Construction Authority, as recommended by the Director of Public Works

42.   APPROVED plans, specifications and engineer's estimate for the Soquel-San Jose Road Storm Damage Repair; authorized calling for bids; set the bid opening for October 28, 2004 at 2:30 p.m. in the Department of Public Works; directed Public Works to return on or before November 9, 2004, with a recommendation for award of the contract; and approved related action, as recommended by the Director of Public Works

43.   APPROVED independent contractor agreement with Kestrel Consulting, Incorporated for preparation of an Integrated Regional Water Management Plan for Santa Cruz County for a total not-to-exceed amount of $49,919.33 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works and the Director of Environmental Health Services

44.   ADOPTED RESOLUTION NO. 338-2004 approving purchase of Assessor's Parcel Number 029-071-68, on Chanticleer Avenue in Live Oak for the future park site, as recommended by the Redevelopment Agency Administrator

44.1.   DIRECTED the Planning Director to write to the State Board of Forestry stating the County's objections to a reconsideration of Timber Harvest Plan 1-01-170 SCR, and approved related actions, as recommended by Supervisor Stone

44.2.   AUTHORIZED the Health Services Agency (HSA) to submit a grant application to the California Healthcare Foundation for a maximum of $50,000 to support insuring low-income adults in our community; and authorized the Chair of the Board to sign a letter of support, as recommended by the Health Services Agency Director

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the Notice of Determination for the purchase of Assessor's Parcel Number 029-071-68 on Chanticleer Avenue in Live Oak as a future park site; directed the Clerk of the Board to file the notice of environmental actions; and adopted RESOLUTION NO. 339-2004 approving the purchase, as recommended by the Redevelopment Agency Administrator

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim Name/No.: Tuolumne County Sheriff's Department, Claim No. C03-3061

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units and Unrepresented Employees

REPORT OF COUNTY COUNSEL - In Claim No. C03-3061, the Board of Supervisors unanimously approved reimbursement to Tuolumne County for a search and rescue mission in the amount of $10,742.84 and also authorized staff to file a small claims suit against the rescued individual to recover some of those funds if possible;

In the second matter, Anticipated Litigation against the County of Santa Cruz by the Santa Cruz Seaside Company, claim for refund of property taxes paid in excess of stipulated valuation of APN 005-341-21, the Board authorized County Counsel's Office to settle the claim for refund by establishing the value of the property for the year 2000 at $22,462,148.00 and directed the Auditor-Controller to refund any appropriate amounts
(1) BPCSW
(2) BP(C)SW (Supervisor Campos abstained due to the potential for a conflict of interest)

REGULAR AGENDA

47.   CONSIDERED proposed ordinance amending Chapter 7.124 of the Santa Cruz County Code by adding Section 7.124.105 enacting medical marijuana guidelines, as authorized by California Health and Safety Code Sections 11362.5 and 11362.7;

approved "in concept" ordinance amending Chapter 7.124 of the Santa Cruz County Code by adding Section 7.124.105 enacting medical marijuana guidelines, as authorized by California Health and Safety Code Sections 11362.5 and 11362.7 to return on October 19, 2004 for final adoption
PBCSW

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ADOPTED RESOLUTION NO. 340-2004 of intention to conduct proceedings to form Zone 7A and directed the Public Works Department to report back on November 2, 2004 with an Engineer's Report for consideration
BPCSW

49.   CONTINUED TO NOVEMBER 9, 2004 Jurisdictional hearing on Planning Commission's denial of application No. 00-0143
PCBSW

50.   APPROVED appointment of Dianna Gallegos to the Housing Authority Board of Commissioners, as an at-large tenant representative, in accordance with Resolution No. 389-69, for a term to expire October 5, 2006
CPBSW

50.1.   CONSIDERED whether to issue a supplemental voter information mailer for Measure K - 911 Emergency Response Fee;

approved sending the flier, allocate funds in the amount of $23,000 to produce the informational material, with flexibility to the County Administrative Officer regarding wording and timing with input from the Board, and with County Counsel's concurrence on the final product
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.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS