PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 2002, NUMBER 17
JUNE 18, 2002
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ACTION SUMMARY MINUTES
VOTING KEY: A = Almquist, B = Beautz, C = Campos;
P= Pirie, W = Wormhoudt; 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
Moment of Silence and Pledge of Allegiance
2. Consideration of Late Additions to the Agenda
3. Additions and Deletions to Consent Agenda, see Item
Nos. 49, 49.1 and deleted Item No. 28
4. ORAL COMMUNICATIONS - one person addressed the Board
5. Additions and Deletions to Regular Agenda
CONSENT AGENDA
WPCAB
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of June 4, 2002, as recommended by
the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of June 6, 2002
through June 12, 2002 and approved upon adoption of
the 2001/02 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. ADOPTED RESOLUTION NO. 250-2002 accepting and
appropriating $60,000 in unanticipated revenue within
General Services Fleet Services; approved realignment
of funds and purchase of fixed assets, as recommended
by the Director of Child Support Services
11. ACCEPTED AND FILED report on County Deferred
Compensation Plan and adopted RESOLUTION NO. 251-2002
bringing the County plan into conformity with the
Economic Growth and Tax Relief and Reconciliation Act
of 2001, as recommended by the County Administrative
Officer
12. ACCEPTED AND FILED report on Community Television;
approved the 2002/03 activities plan and budget; and
appointed Gail Borkowski to the Community Television
Board of Directors, as recommended by the County
Administrative Officer
13. DIRECTED the County Administrative Officer to submit a
letter of endorsement for applications to the
California State Association of Counties (CSAC)
Challenge Award competition, as recommended by the
County Administrative Officer
14. APPROVED and ratified agreements with Trepte
Construction for construction management services not-
to-exceed $485,447 and Simpson, Gumpertz and Heger for
engineering services not-to-exceed $250,000; approved
an agreement with Air Quality Sciences for
environmental consulting services not-to-exceed
$424,225; adopted RESOLUTION NO. 252-2002 accepting
and appropriating unanticipated revenue in the amount
of $6,588,070 into the Capital Projects, Human
Resources Agency and Health Services Agency budgets;
and approved extension of the current lease agreements
for the Harvey West offices occupied by the Health
Services Agency at the current rate through March 31,
2003, as recommended by the Director of General
Services
WPCAb
15. ADOPTED RESOLUTION NO. 253-2002 determining industrial
disability retirement of safety member, as recommended
by the Personnel Director
16. ADOPTED RESOLUTION NO. 254-2002 amending Salary
Resolution No. 279-75 to implement salary actions in
the Supplemental Memorandum of Understanding; adopted
RESOLUTION NO. 255-2002 amending Resolution No. 247-76
amending Personnel Regulations to Implement Memorandum
of Understanding for the SEIU Extra Help Unit; and
approved related actions, as recommended by the County
Administrative Officer and the Personnel Director
17. APPROVED Probation Department's participation in the
County Office of Education's application to the Safe
Schools/Healthy Students Initiative, as recommended by
the Chief Probation Officer
18. CONTINUED TO JUNE 25, 2002 consideration to approve
Memorandum of Understanding/Hold Harmless Agreement
between the Ben Lomond Fire District and the Sheriff's
Office
19. ACCEPTED AND FILED the Treasury Oversight Commission
2001 Annual Report, as recommended by the Treasurer-
Tax Collector
20. APPROVED and adopted the Santa Cruz County 2002
Investment Policy, as recommended by the Treasurer-Tax
Collector
21. ACCEPTED nomination of Louis J. Tuosto for appointment
to the Workforce Investment Board, as an at-large
representative of Business, for a term to expire June
30, 2006, with final appointment to be made June 25,
2002, as recommended by Supervisor Campos
22. ACCEPTED nomination of Russ Elliott for appointment to
the Workforce Investment Board, as an at-large
representative of Business, for a term to expire June
30, 2006, with final appointment to be made June 25,
2002, as recommended by Supervisor Pirie
23. DIRECTED the Chairperson to convey the nominations of
Alan Holbert and James King for consideration of
reappointment to the Monterey Bay Unified Air
Pollution Control District Hearing Board, as
recommended by Supervisor Wormhoudt
24. ADOPTED RESOLUTION NO. 256-2002 supporting Assembly
Bill 2415 relating to Food Stamps CalWORKs eligibility
and take related action, as recommended by Chairperson
Beautz
25. ACCEPTED nomination of various persons for
reappointment to the Workforce Investment Board, as
at-large representatives in the categories indicated,
for terms to expire June 30, 2006, with final
appointment to be made June 25, 2002, as recommended
by Chairperson Beautz
26. APPROVED appointment of Julie Hopfner to the Domestic
Violence Commission, as a representative of Women's
Crisis Support-Defensa de Mujeres, as recommended by
Chairperson Beautz
27. 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
28. DELETED ITEM
29. ACCEPTED AND FILED report on the homeless support and
outreach program; directed the Health Services Agency
Director to place $150,000 of State Assembly Bill 2034
funds on deposit with the Santa Cruz Community Credit
Union to be used as loan guarantee funds for home
ownership opportunities for program participants and
directed the Health Services Agency Director to
negotiate and sign an agreement with the Santa Cruz
Community Credit Union to formalize program
operations, as recommended by the Health Services
Agency Director
30. SEE ITEM NO. 53.3, REGULAR AGENDA
31. APPROVED allocations of special purpose funds,
recommended by the Fish and Game Advisory Commission,
as recommended by the Planning Director
32. ACCEPTED the certification of the results of County
Service Area (CSA) No. 58, Ridge Drive elections;
adopted RESOLUTION NO. 257-2002 authorizing and
levying an assessment for road maintenance and
operations within the CSA, as recommended by the
Director of Public Works
33. ACCEPTED the certification of the results of County
Service Area (CSA) No. 26 Hidden Valley, Zones "A"
through "G" and CSA No. 44, Sunbeam Woods elections;
adopted RESOLUTION NO. 258-2002 authorizing and
levying assessment for road maintenance and operations
within CSA No. 26, Hidden Valley, Zones "A" through
"G" for 2002/2003 and Each Year Following; and adopted
RESOLUTION NO. 259-2002 authorizing and levying
assessment for road maintenance and operations within
CSA No. 44, Sunbeam Woods for 2002/2003 and Each Year
Following, as recommended by the Director of Public
Works
34. ACCEPTED the low bid from Johnson and Company,
Incorporated in the amount of $177,838 for the
Sidewalk Access Ramps 2002; authorized award of
contract; and authorized the Director of Public Works
to sign contract, as recommended by the Director of
Public Works
35. APPROVED amendments to agreements for transportation
recycling and disposal of electronic products waste
with Philip Transportation and Remediation,
Incorporated for a not-to-exceed amount of $90,000 and
with United Datatech Distributors for a not-to-exceed
amount of $40,000 and authorized the Director of
Public Works to sign the agreements on behalf of the
County, as recommended by the Director of Public Works
36. APPROVED amendment to agreement with Garcia and
Associates for a total not-to-exceed amount of $72,000
for the Wilder Ranch Bike Path and authorized the
Director of Public Works to sign the agreement on
behalf of the County, as recommended by the Director
of Public Works
37. SEE ITEM NO. 58.1, REGULAR AGENDA
38. APPROVED amendment to agreement for design revisions
for Prescott Road, Rider road, and China Grade Road
with JMS Engineering for a reduced not-to-exceed total
of $452,958 and authorized the Director of Public
Works to sign the agreement, as recommended by the
Director of Public Works
39. ADOPTED RESOLUTION NO. 260-2002 for right-of-way
acquisition for the Soquel Drive at Aptos Creek Bridge
Seismic Retrofit project and approved payment of
claim, as recommended by the Director of Public Works
40. APPROVED independent contractor agreements to carry
out motor oil recycling and public awareness services
with the City of Santa Cruz for a not-to-exceed amount
of $11,000 and with the City of Watsonville for a not-
to-exceed amount of $20,000; authorized the Director
of Public Works to sign the agreement with the City of
Santa Cruz on behalf of the County and authorized the
Director of Public Works to sign the agreement with
the City of Watsonville on behalf of the County after
Watsonville City Council approval, as recommended by
the Director of Public Works
41. APPROVED independent contractor agreements with Ray
Dulany Trucking for chip seal rock delivery in the
amount of $33,082.25 and with VSS Emultech for labor
standby costs associated with asphalt emulsion
placement in the amount of $35,000 and authorized the
Director of Public Works to sign the agreements, as
recommended by the Director of Public Works
42. APPROVED Request for Proposals for Traffic Signal and
Highway Safety Lighting Maintenance; directed the
Public Works Department to proceed with the consultant
selection process for the services of a contractor for
maintenance of traffic signal and highway safety
lighting; and return on or before August 27, 2002 with
a recommended contract, as recommended by the Director
of Public Works
43. AUTHORIZED the Chairperson of the Board to sign
Contract Change Order No. 3 in the amount of
$346,330.30 for the Capitola Road Improvement project;
made findings that the improvements are of benefit to
the project area; and approved related action, as
recommended by the Director of Public Works
44. SEE ITEM NO. 56.1, REGULAR AGENDA
45. APPROVED contract amendment with Reber Construction
for an amount not-to-exceed $20,655.58 and authorized
the Director of Parks, Open Space and Cultural
Services to sign the amendment on behalf of the
County, as recommended by the Director of Parks, Open
Space and Cultural Services
46. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, adopted RESOLUTION NO. 261-2002
accepting and appropriating unanticipated revenue in
the amount of $318,462 from the Redevelopment Agency
Capital Projects Reserves for the Capitola Road
Improvement project and approved related actions, as
recommended by the Redevelopment Agency Administrator
47. SEE ITEM NO. 56.2, REGULAR AGENDA
48. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment
Agency Administrator to sign the Joint Use Agreements
with the Live Oak School District for the purpose of
building new indoor recreational facilities, as
recommended by the Redevelopment Agency Administrator
49. 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.:In re Title Two Investments, Northern
District of California Bankruptcy Case No. 00 51436 MM
- Chapter 11
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Case Name/No.: UACC West, Incorporated and United
Cable Television of Santa Cruz, Incorporated v. City
of Santa Cruz and the County of Santa Cruz, California
Case No. C-84-7546-SI
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: County Administrative Officer and
Personnel Director
Employee organization: SEIU
REPORT OF COUNTY COUNSEL - No report given
49.1 DIRECTED the Chair to send a letter to President Bush
and Secretary of the Interior Norton strongly opposing
the extension of the existing offshore oil leases
along the California coast and requesting that
California receive the same treatment as the State of
Florida and that the federal government buy back these
leases, as recommended by Supervisors Wormhoudt and
Almquist
REGULAR AGENDA
50. 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 its regularly scheduled
meeting
51. CONSIDERED adoption of a resolution regarding the
acceptance of Mexican identification cards for
specified purposes by the County of Santa Cruz;
ADOPTED RESOLUTION NO. 262-2002 Regarding the
Acceptance of Mexican Identification Cards for
Specified Purposes by the County of Santa Cruz; with
an additional direction that the Chairperson of the
Board send a letter to the Cities, County of Santa
Cruz and the large public agencies informing them of
the Board's action and urging them to take similar
actions to approve the card as a valid form of
identification
CWPAB
52. Public hearing held to consider adoption of
resolutions establishing and approving the proposed
Assessment Rates and confirming the Assessment Rate
Report for Mosquito Abatement/Vector Control, County
Service Area No. 53;
(1) opened public hearing, to hear objections or protests,
to the proposed 2002/03 assessment rates and report
for Mosquito Abatement/Vector Control County Service
Area No. 53;
(2) closed public hearing;
(3) ADOPTED RESOLUTION NO. 263-2002 Establishing
Assessment Rates for Mosquito Abatement/Vector Control
County Service Area No. 53; and adopted RESOLUTION NO.
264-2002 Confirming Assessment/Report for the 2002/03
Fiscal Year for Mosquito Abatement/Vector Control
County Service Area No. 53
PWCAB
53. Public hearing held to consider County Service Area
(CSA) No. 4 and County Service Area 48, 2002/2003 Fire
Protection Assessment Rates;
(1) opened public hearing, to hear objections or protests,
to the proposed County Service Area No. 4, Pajaro
Dunes, and County Service Area No. 48, County Fire
Protection, to the proposed 2002/2003 Fire Protection
rates;
(2) closed public hearing;
(3) ADOPTED RESOLUTION NO. 265-2002 Establishing Service
Charges for the 2002/2003 Fiscal Year for County
Service Area No. 48, County Fire Protection and County
Service Area No. 4, Pajaro Dunes; and adopted
RESOLUTION NO. 266-2002 Confirming Service Charge
Reports for Fiscal Year 2002/2003 for County Service
Area No. 48, County Fire Protection and County Service
Area No. 4, Pajaro Dunes
WCPAB
53.1 CONSIDERED Compliance Review of the Contract with the
Santa Cruz Society for Prevention of Cruelty to
Animals (SPCA);
accepted and filed report; directed the Auditor to pay
claim for the month of June but reserved County's
rights to collect any disallowed cost in the meantime;
continue to review disallowed charges; directed the
County Administrative Officer, County Counsel and the
Auditor to work on auditing contract language that
will ensure that the public is protected in the future
if in fact the County continues to contract with the
SPCA for some period of time
PWcaB
53.2 Continued consideration of report on the status of
animal control services and related actions;
(1) accepted and filed report;
(2) approved the Joint Powers Authority Agreement
substituting the language contained on Attachment C
for Section 3 A of the Joint Powers Authority
Agreement; with an additional direction to add a
neutrality and card check clause to the agreement;
authorized the County Administrative Officer to sign
the Agreement on behalf of the County, and forward the
Agreement to the Cities of Santa Cruz, Capitola and
Scotts Valley for consideration by their City
Councils; approved ordinance "in Concept" to return on
June 25, 2002 for final adoption
(3) directed staff to continue to work with the Santa Cruz
SPCA and return during Budget Hearings with a
recommended approach for the provision of
uninterrupted animal control and care services
AWPCb
53.3 ADOPTED RESOLUTION NO. 267-2002 approving the Local
Coastal Program Implementation Plan amendments to
Chapter 18.10 to add a process to review applications
that are not consistent with the General Plan density
range;
(2) ADOPTED ORDINANCE NO. 4671 amending Chapter 18.10 to
add a process to review applications that are not
consistent with the General Plan density range; with
an additional direction to add the following language:
in the second paragraph, Section III, 18.10.140(b),
following the words urban services line, add the
phrase "except for second units and residential
remodels" to clearly exempt second units and
residential remodels from the review process; and in
Section IV, reworded to state the following: "the
requirements of subdivision (b) of Section 18.10.140
of Section III of this ordinance shall not apply to
any application deemed complete as of the effective
date of the ordinance"
WApCb
54. Continued public hearing to consider extending the
duration of the Interim Wireless Communication
Facilities Ordinance; closed public hearing;
(1) adopted ORDINANCE NO. 4672 extending the duration of
the existing Interim Wireless Communications
Facilities Ordinance by twelve (12) months (from June
11, 2002 until June 11, 2003) to allow sufficient time
for the proposed permanent Wireless Communications
Facilities Ordinance to be fully processed and to
become effective;
(2) directed Planning staff to complete the processing of
the permanent ordinance within the term of the
extended Interim Ordinance, including coastal
Commission review;
(3) with an additional direction to replace staff
recommendation Number 3 with the following: "County
Counsel to return on June 25, 2002 with an urgency
ordinance that would be implemented for the first 45
days and return on August 6, 2002 with the actual
moratorium ordinance to replace the urgency ordinance;
directed County Counsel to work with the Sheriff to
see to that there is an exemption for emergency
services and address the issue of whether or not the
County can require all service providers in the County
to provide information on the location of their
facilities and the strength of the signal emissions"
WAPCB
55. CONTINUED TO JUNE 25, 2002 public hearing to consider
award of contract of In-Home Supportive Services
contract to Addus HealthCare, Incorporated for a total
not-to-exceed amount of $1,962,500 for July 1, 2002
through June 30, 2003
WAPCB
56. RECEIVED bids regarding Two Bar Road Storm Damage
Repair and referred to the Public Works Department to
return on or before June 25, 2002 with a
recommendation on awarding of bid
CAP/W/B
56.1 APPROVED amendment to agreement with Sanders and
Associates Geostructural Engineering, Incorporated for
an increase of $73,000 for the bluff restoration
project along East Cliff Drive between 33rd Avenue and
36th Avenue and authorized the Director of Public
Works to sign the agreement on behalf of the County,
as recommended by the Director of Public Works
WCPAB
56.2 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, ACCEPTED AND FILED status report
on the East Cliff Drive Stabilization and Pathway
project and approved related actions, as recommended
by the Redevelopment Agency Administrator
WCPAB
57. Announced bid results for the Building Envelope
Repairs Health and Human Services Building, as
recommended by General Services:
(a) for Acrylic Finish; referred to the General
Services Department to return on or before August 6,
2002 with a recommendation on awarding of bid
(b) Aluminum Windows; accepted bids and awarded the
contract to the lowest responsible bidder contingent
upon adequate funding being available and review by
General Services; authorized the General Services
Director to sign contract agreements and associated
documents and approve changed orders as may be
required, within allowable funds
(c) for Batt Insulation and Thermal Insulation Board;
directed General Services Department to readvertise
for bids; to open bids in the General Services office
after 10:00 a.m. on July 17, 2002; and directed the
General Services Department to return on August 6,
2002 with a recommendation on awarding of bid
(d) for Carpet; referred to the General Services
Department to return on or before August 6, 2002 with
a recommendation on awarding of bid
(e) for Cold Formed Metal Framing; referred to General
Services Department to return on or before August 6,
2002 with a recommendation on awarding of bid
(f) for Concrete Masonry; referred to General Services
Department to return on or before August 6, 2002 with
a recommendation on awarding of bid;
(g) for Concrete Paving; referred to General Services
Department to return on or before August 6, 2002 with
a recommendation on awarding of bid;
(h) for Elastomeric Urethane Deck Coating; referred to
General Services Department to return on or before
August 6, 2002 with a recommendation on awarding of
bid;
(i) for Exterior Portland Cement Plaster; referred to
the General Services Department to return on or before
August 6, 2002 with a recommendation on awarding of
bid;
(j) for Exterior Sheathing; directed the General
Services Department to reject all bids submitted;
readvertise for bids; open bids in the General
Services office after 10:00 a.m. on July 17, 2002; and
directed the General Services Department to return on
August 6, 2002 with a recommendation of awarding of
bid;
(k) for Gypsum Wallboard; directed the General
Services Department to reject all bids submitted;
readvertise for bids; open bids in the General
Services office after 10:00 a.m. on July 17, 2002; and
directed the General Services Department to return on
August 6, 2002 with a recommendation of awarding of
bid;
(l) for Hoist and Platform; referred to the General
Services Department to return on or before August 6,
2002 with a recommendation on awarding of bid
(m) for Heating, Ventilating and Air Conditioning;
referred to the General Services Department to return
on or before August 6, 2002 with a recommendation on
awarding of bid;
(n) for Joint Sealants; directed the General Services
Department to reject all bids submitted; readvertise
for bids; open bids in the General Services office
after 10:00 a.m. on July 17, 2002; and directed the
General Services Department to return on August 6,
2002 with a recommendation of awarding of bid;
(o) for Metal Fabrications; referred to the General
Services Department to return on or before August 6,
2002 with a recommendation on awarding of bid;
(p) for Metal Panel and Sunshade; referred to the
General Services Department to return on or before
June 25, 2002 with a recommendation on awarding of
bid;
(q) for Mold Remediation; accepted bids and awarded
the contract to the lowest responsible bidder,
contingent upon adequate funding being available and
review by the General Services Department; authorized
the General Services Director to sign contract
agreements and associated documents and approve change
orders as may be required, within allowable funds;
(r) for Painting; directed the General Services
Department to reject all bids submitted; readvertise
for bids; open bids in the General Services office
after 10:00 a.m. on July 17, 2003; and directed the
General Services Department to return on August 6,
2002 with a recommendation of awarding of bid;
(s) for Plaza and Below Grade Waterproofing; referred
to the General Services Department to return on or
before August 6, 2002 with a recommendation on
awarding of bid;
(t) for Roofing Membrane; referred to the General
Services Department to return on or before August 6,
2002 with a recommendation on awarding of bid;
(u) for Rough Carpentry; directed the General Services
Department to reject all bids submitted; readvertise
for bids; open bids in the General Services office
after 10:00 a.m. on July 17, 2002; and directed the
General Services Department to return on August 6,
2002 with a recommendation of awarding of bid;
(v) for Sheet Metal Flashings; referred to the General
Services Department to return on or before August 6,
2002 with a recommendation on awarding of bid;
(w) for Trenching and Shoring; directed the General
Services Department to reject all bids submitted;
readvertise for bids; open bids in the General
Services office after 10:00 a.m. on July 17, 20023;
and directed the General Services Department to return
on August 6, 2002 with a recommendation of awarding of
bid;
(x) for Wall Waterproofing; referred to the General
Services Department to return on or before August 6,
2002 with recommendation on awarding of bid
WCPAB
58. Jurisdictional hearing held to consider appeals of
Planning Commission action on Application No. 97-0770,
a proposal to implement the Pajaro River Management
Plan (appeals submitted by William Parkin, Attorney on
behalf of the Santa Cruz Group of the Sierra Club and
Irven Grant, Deputy County Counsel, on behalf of the
Monterey County Water Resources Agency;
approved staff recommendation in letter of Planning
Director dated June 10, 2002 to not take jurisdiction
of the appeals submitted by the Monterey County Water
Resources Agency or the Santa Cruz Group of the Sierra
Club of the Planning Commission's approval of
application 97-0070, based on the fact that the
appellants have not established sufficient grounds for
the Board to take jurisdiction for further review
ACPWB
58.1 APPROVED amendment to agreement with Waste Management
of Santa Cruz County increasing the contract by
$110,000 to a not-to-exceed amount of $930,000;
authorized the Director of Public Works to sign the
agreement on behalf of the County ; and directed
Public Works to return on or before September 24, 2002
with proposed rate adjustments for franchised refuse,
recycling and yard waste collection services, as
recommended by the Director of Public Works
WCPAB
Approved:
Chair, Board of Supervisors
Attest:
Clerk of the Board
Date:
NOTE: This set of Board of Supervisors Minutes is scheduled to
be approved by the Board on August 6, 2002
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