PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 2002, NUMBER 18
JUNE 25, 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; See
Item No. 68.4
3. Additions and Deletions to Consent Agenda, See Item
Nos. 68, 68.1, 68.2, 68.3 and deleted Item No. 33
4. ORAL COMMUNICATIONS - four people addressed the Board
5. Additions and Deletions to Regular Agenda
CONSENT AGENDA
WCPAB
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED the minutes of June 11, 2002, as recommended
by the Clerk of the Board
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. REJECTED the claim of Chris Stark (No. 102-126) and
referred to County Counsel
11. REJECTED the claim of Mary Magoffin (No. 102-129) and
referred to County Counsel
12. DENIED the application to file a late claim, on behalf
of Mr. Steven Michael Elliott (No. 102-130) and
referred to County Counsel
13. REJECTED the claim of Mr. Steven Michael Elliott (No.
102-130) and referred to County Counsel
14. REJECTED the claim of Shannon Marie Rapp (No. 102-131)
and referred to County Counsel
15. ADOPTED RESOLUTION NO. 271-2002 supporting House
Resolution 4857, the Child Support Reinvestment Act
and authorized the Chair to sign and send the letter
of support, as recommended by the Director of Child
Support Services
16. APPROVED the request of Attorney John C. Minsloff,
Public Defender's Office, for compensation at the
reduced rate of $75 per hour in the special
circumstance case of People v. Luis Daniel Rios,
pursuant to the terms of the County's main Public
Defender contract, as authorized by Superior Court and
as recommended by the County Administrative Officer
17. APPROVED transfer of $8,000 from Contributions to
Superior Court to the Grand Jury, as recommended by
the County Administrative Officer
18. DEFERRED report on Watsonville Courts Project and the
200 Main Street building until Last Day Reports as
part of the Plant Acquisition Budget presentation, as
recommended by the County Administrative Officer
19. APPROVED 2002/03 Memorandum of Understanding with
Superior Court, as recommended by the County
Administrative Officer
20. ADOPTED RESOLUTION NO. 272-2002 accepting and
appropriating unanticipated revenues in the amount of
$41,935 for costs associated with conducting the March
2002 Election; increased encumbrances for DFM
Associates for election software and hardware in the
amount of $5,965; approved the expenditure of $5,965
from prior year encumbrances to finance the current
year expenditures; and approved related actions, as
recommended by the County Clerk-Recorder
21. ADOPTED RESOLUTION NO. 273-2002 authorizing the
District Attorney to reapply to the Office of Criminal
Justice Planning (OCJP) for fiscal year 2002/2003
Violence Against Women Vertical Prosecution funding,
and authorized the Chairperson of the Board to sign
the Certification of Assurance of Compliance to be
submitted to OCJP, as recommended by the District
Attorney
22. SEE ITEM NO. 76.1, REGULAR AGENDA
23. ADOPTED RESOLUTION NO. 274-2002 authorizing the
District Attorney to reapply to the State Office of
Insurance for fiscal year 2002/2003 Worker's
Compensation Insurance Fraud funds in the amount of
$100,961, as recommended by the District Attorney
24. AWARDED contract to Bustichi Construction,
Incorporated for Metal Panel and Sunshade component of
the Building Envelope Repairs, Health and Human
Services project in the amount of $118,280; authorized
the General Services Director to notify the contractor
and sign the contract agreement and associated
documents on behalf of the Board; and authorized the
General Services Director to approve change orders and
encumber $11,828 in addition to the contract amount to
cover change order expenditures, as required, as
recommended by the Director of General Services
25. APPROVED Master Agreement for security services;
authorized the General Services Director to sign; and
approved related actions, as recommended by the
Director of General Services
26. APPROVED Master Agreement for laundry services;
authorized the General Services Director to sign; and
approved related actions, as recommended by the
Director of General Services
27. AWARDED contract to Bustichi Construction,
Incorporated in the amount of $116,748 for the 1040
Emeline Window Replacement project; authorized the
General Services Director to notify the contractor and
sign the contract agreement and associated documents
on behalf of the Board; and authorized the General
Services Director to approve change orders and
encumber $11,675 in addition to the contract amount to
cover change order expenditures, as recommended by the
Director of General Services
28. AWARDED contract to Bustichi Construction,
Incorporated in the amount of $30,253 for Flooring
Replacement at Redwoods Program Building project;
authorized the General Services Director to notify the
contractor and sign the contract agreement and
associated documents on behalf of the Board; and
authorized the General Services Director to approve
change orders and encumber $3,025 in addition to the
contract amount to cover the change order
expenditures, as recommended by the Director of
General Services
29. AWARDED contract to Bustichi Construction,
Incorporated in the amount of $28,288 for the Polo
Grounds County Park Interim Dog Park project;
authorized the Parks Director to notify the contractor
and sign the contract agreements and associated
documents on behalf of the Board; and authorized the
Parks Director to approved change orders and encumber
$2,829 in addition to the contract amount to cover
change order expenditures, as recommended by the
Director of General Services
30. AWARDED contract to Bohn's Pool Service in the amount
of $15,980 for the Carbon Dioxide (CO2) Feed System at
Simpkins Swim Center project; authorized the Parks
Director to notify the contractor and sign the
contract agreements and associated documents on behalf
of the Board; and authorized the Parks Director to
approved change orders and encumber $1,598 in addition
to the contract amount to cover change order
expenditures, as recommended by the Director of
General Services
31. APPROVED addendum to the lease agreement with James
Fenton Company, Incorporated to extend the Aptos
Service Center lease through June 30, 2005; approved
rent increase from $1,200 to $1,300 per month; and
authorized the Sheriff-Coroner to sign the addendum on
behalf of the County, as recommended by the Sheriff-
Coroner
32. APPROVED Memorandum of Understanding/Hold Harmless
Agreement between the Ben Lomond Fire District and the
Sheriff's Office and authorized the Sheriff-Coroner to
sign the agreement for the use of antenna space and
power at the Ben Lomond Fire District building for the
Sheriff's Mobile Data Computing System, as recommended
by the Sheriff-Coroner
33. DELETED ITEM
34. CONFIRMED appointment of Scott Osborne as the
alternate public member of the Treasury Oversight
Commission, as recommended by the Treasurer-Tax
Collector
35. ADOPTED RESOLUTION NO.275-2002 providing for
replenishment of the Treasurer-Tax Collector's Cash
Difference Fund, as recommended by the Treasurer-Tax
Collector
36. ACCEPTED Treasurer's monthly cash report and
transaction report for the period ending May 31, 2002
and approved related action, as recommended by the
Treasurer-Tax Collector
37. ADOPTED RESOLUTION NO. 276-2002 in support of Assembly
Bill 1080, relating to equal benefits for domestic
partners, and approved related actions, as recommended
by Supervisor Wormhoudt
38. APPROVED reappointment of Ceil Cirillo to the
Workforce Investment Board, as an at-large
representative of the City of Santa Cruz, for a term
to expire June 30, 2006, as recommended by Chairperson
Beautz
39. DIRECTED the County Administrative Officer to consult
with County Counsel, the Clerk of the Board, and the
Information Services Department and return to the
Board, on or before August 20, 2002, with a draft
program to provide for the submission of e-mail
comments on specific agenda items intended for the
Board as a whole; directed the Clerk to scan all
agenda related documents pursuant to the schedule
outlined, and take related action, as recommended by
Chairperson Beautz
40. APPROVED reappointment of Carlos Palacios to the
Workforce Investment Board, as an at-large
representative of the City of Watsonville, for a term
to expire June 30, 2006, as recommended by Chairperson
Beautz
41. ACCEPTED notification of at-large vacancy on the
Emergency Medical Care Commission, for a consumer
representative, with nominations for appointment to be
received on August 6, 2002, and final appointment to
be made August 13, 2002, as recommended by Chairperson
Beautz
42. 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 Administrator
43. APPROVED amendment to agreement with Swanson Hydrology
and Geomorphology for the Salmonid enhancement plan
extending term to October 30, 2002; and authorized the
Health Services Agency Director or designee to sign;
and return to the Board no later than September 10,
2002 for approval of additional revenue and
expenditures, as recommended by the Health Services
Agency Director
44. ACCEPTED AND FILED four-month report from the Central
Coast Alliance for Health, as recommended by the
Health Services Agency Director
45. APPROVED the request for year end Transfer of Budget
Appropriations within Human Resources Agency, as
recommended by the Human Resources Agency Director
46. ADOPTED RESOLUTION NO. 277-2002 accepting an amendment
to grant agreement No. 99-008 in the amount of $17,320
from the State Coastal Conservancy and approved
related actions, as recommended by the Planning
Director
47. APPROVED agreement with St. Vincent de Paul Society of
Lane County Incorporated to recycle mattresses and box
springs for a four year term with a not-to-exceed
amount of $10,000 for fiscal year 2001/02 and $50,000
annually through fiscal year 2004/05, and authorized
the Director of Public Works to sign the contract on
behalf of the County, as recommended by the Director
of Public Works
48. ACCEPTED low bid from Johnson and Company,
Incorporated in the amount of $360,000.04 for the
Soquel Drive Curb, Gutter and Sidewalk from Vienna
Drive to Heather Terrace project; authorized award of
contract; and authorized the Director of Public Works
to sign the contract, as recommended by the Director
of Public Works
49. ACCEPTED low bid from Reber Construction, Company,
Incorporated in the amount of $219,985.56 for the Alta
Via Road, Storm Damage Repair; authorized award of
contract; and authorized the Director of Public Works
to sign the contract, as recommended by the Director
of Public Works
50. ADOPTED RESOLUTION NO. 278-2002 authorizing the
placement of two road bumps on Live Oak Avenue in Ben
Lomond, as recommended by the Director of Public Works
51. APPROVED amendment to agreement with Monica Burke
Consulting for projects development services
increasing the contract by $20,000 for a not-to-exceed
total of $71,815 and authorized the Director of Public
Works to sign the agreement on behalf of the County,
as recommended by the Director of Public Works
52. APPROVED amendment to agreement with the California
Grey Bears for office paper collection for certain
County facilities increasing the contract by $3,000 to
a total not-to-exceed amount of $10,500; and
authorized the Director of Public Works to sign the
agreement on behalf of the County, as recommended by
the Director of Public Works
53. ADOPTED RESOLUTION NO. 279-2002 authorizing the
Director of Public Works to submit regional
applications for Used Oil Block Grants to the
California Integrated Waste Management Board on behalf
of the County of Santa Cruz and the Cities of
Capitola, Santa Cruz, Scotts Valley and Watsonville
through June 25, 2007, as recommended by the Director
of Public Works
54. APPROVED independent contractor agreement with DKS
Associates in the not-to-exceed amount of $116,440 for
the 2002 Traffic Signal Design and Signal Modification
project and authorized the Director of Public works to
sign the agreement on behalf of the County, as
recommended by the Director of Public Works
55. ACCEPTED improvement and approved final cost in the
amount of $89,268.38 for the Spanish Ranch Road Storm
Damage Repair and approved related action, as
recommended by the Director of Public Works
56. AUTHORIZED installation of on 70-watt residential
street light on Valdez Lane in Watsonville, as
recommended by the Director of Public Works
57. REJECTED all bids for the Buena Vista Landfill
Entrance Facility Improvements, Phase I, and directed
Public Works to re-evaluate cost-saving changes to the
project prior to re-bidding in the 2002/2003 fiscal
year, as recommended by the Director of Public Works
58. ACCEPTED AND FILED report on the Harkins Slough Road
Bridge project and directed the Public Works
Department to report back on or before October 22,
2002, as recommended by the Director of Public Works
59. APPROVED final map of Tract 1450, Pajaro Village
Townhomes; authorized the Director of Public Works to
sign the Subdivision Agreement; and approved related
action, as recommended by the Director of Public Works
60. DEFERRED report on the Road Crossing and Salmonid
Passage Assessment Project Grant and directed the
Public Works Department to report back on or before
August 6, 2002, as recommended by the Director of
Public Works
61. ACCEPTED low bid from Bugler Construction in the
amount of $210,430 for the Two Bar Road Storm Damage
Repair; authorized the award of contract; and
authorized the Director of Public Works to sign the
contract, as recommended by the Director of Public
Works
62. ACCEPTED North Coast Beaches Project, Phase I, Scott
Creek Beach as completed; approved final cost in the
amount of $746,473.89; and authorized the Clerk of the
Board to take related actions, as recommended by the
Director of Parks, Open Space and Cultural Services
63. ADOPTED RESOLUTION NO. 280-2002 accepting and
appropriating unanticipated revenue in the amount of
$11,750 from Aptos Park Dedication Fees for the Polo
Grounds Dog Park project, as recommended by the
Director of Parks, Open Space and Cultural Services
64. SCHEDULED a public hearing on August 13, 2002, on the
morning agenda, at 9:00 a.m. or thereafter to consider
a request to the California Debt Limit Allocation
Committee for an allocation of Tax Exempt Bond
Authority, not issued through the County, to finance
the Villas Del Paraiso Project (Marmos) and directed
the Clerk of the Board to take related actions, as
recommended by the Redevelopment Agency Administrator
65. SCHEDULED a public hearing on August 13, 2002, on the
morning agenda, at 9:00 a.m. or thereafter, to
consider a request to the California Debt Limit
Allocation Committee for an allocation of Tax Exempt
Bond Authority, not issued through the County, to
finance the Pajaro Lane Project and directed the Clerk
of the Board to take related actions, as recommended
by the Redevelopment Agency Administrator
66. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 281-2002
providing Agency funds totaling $3,777,189 for the
Villa Del Paraiso project and authorized the
Redevelopment Agency Administrator to negotiate and
sign the related financing agreements, as recommended
by the Redevelopment Agency Administrator
67. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on
draft Redevelopment Loan Agreement for Pacific Family
Mobile Home Park, as recommended by the Redevelopment
Agency Administrator
68. 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.:Ernest Bontadelli and Charles Bontadelli
v. County of Santa Cruz, Santa Cruz County Superior
Court Case No. 133432
Case Name/No.:Katie Q. v. Pajaro Unified School
District and Santa Cruz County Mental Health, Case No.
SN 02-829
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation was considered pursuant to
subdivision (c) of Government Code Section 54956.9 for
two potential cases
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
Employee organization: SEIU
REPORT OF COUNTY COUNSEL - Continued to June 26, 2002
68.1 ADOPTED ORDINANCE NO. 4673 Amending Subsection H of
Subsection 6.04.020, Section 6.04.030, Section
6.08.040 and Section 6.24.090 of the Santa Cruz County
Code relating to Animal Control Services and the
Establishment of Penalties
68.2 APPROVED appointment of Faye Jahnigen to the Deferred
Compensation Advisory Commission, as the
representative of SEIU Local 415, as recommended by
Chairperson Beautz
68.3 APPROVED elimination of the last bulb out on the south
side of Soquel Drive, near Daubenbiss Avenue, to allow
for enhanced parking, as recommended by Supervisor
Beautz
68.4 ACCEPTED request of the County Administrative Officer
to add late item to the consent agenda that the Board
of Supervisors determine, by four-fifths vote of its
members present at the meeting that a need to take
action to avoid injury or detriment to the public or
employees arose subsequent to the printed agenda being
posted and added a late item to the consent agenda as
follows: 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
WAPCB
REGULAR AGENDA
69. 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 special meeting
70. CONSIDERED resolution submitting a special tax measure
to the voters of the unincorporated area on the
November 5, 2002 ballot for the purpose of increasing
the Transient Occupancy Tax, with the increase
dedicated solely to funding the Santa Cruz County
Conference and Visitors Council;
adopted RESOLUTION NO. 282-2002 Submitting a Measure
For Approval to the Voters, Calling Election Thereon
for November 5, 2002, and Ordering Consolidation
Thereof; with an additional direction to add language,
at the end of the resolution, such as, in the event
that the measure receives the number of votes needed
for approval, the Board of Supervisors shall adopt the
ordinance in substantially the same form attached to
it
PWCAB
70.1 Continued 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;
(1) closed public hearing;
(2) approved award of an In-Home Supportive Services
(IHSS) contract for the period July 1, 2002 through
June 30, 2003 at a rate of $15.70 per hour for 125,000
hours for a total contract amount not to exceed
$1,962,500 to Addus HealthCare, Inc. of Palantine,
Illinois; and
(3) authorized the Human Resources Agency Director to sign
the IHSS contract on behalf of the County, following
Board approval; with an additional direction the Human
Resources Agency report back in January 2003 on
alternatives for providing the same type of service
when the Board considers new arrangements in June 2003
WAPCB
71. CONTINUED TO AUGUST 6, 2002 Public Hearing on the
merger of AT&T Broadband and Comcast Corporation
WP/C/AB
72. CONTINUED TO AUGUST 6, 2002 consideration of emergency
ordinance to establish a Wireless Telecommunications
Facilities Moratorium
AWPCB
72.1 CONSIDERED recommendations regarding structural
changes to permit processing in Santa Cruz
County;approved staff recommendations; and directed
the Planning Director to report back on September 17,
2002 regarding the progress made on the directions
listed in the letter of Supervisor Almquist and
Supervisor Wormhoudt dated June 19, 2002; with an
additional directive to include the following in the
report back: (1) the cost of the changes, the number
of people needed to actually do them under the legal
time lines, the number of current employees and amount
of the current work load;
(2) how the advisory group should work or how it
should be composed;
(3) a large versus small or tiered process of review;
(4) a legal analysis from County Counsel on
establishing a list of consultants and choosing
consultants who may or may not be on the list;
(5) a report from the Planning Director and the County
Administrative Officer on things that might need to be
done or should be done administratively to rectify
mistakes made by the department and what can be done
to correct things earlier in the process; and
(6) what the added work load would be for the single
point of contact for a project
ACPWB
73. Public hearing held on confirmation of service charge
reports for County Service Area No. 7, Boulder Creek;
(1) opened the public hearing, to hear objections or
protests, to the proposed 2002/2003 sewer service
charge reports for County Service Area (CSA) No. 7,
Boulder Creek;
(2) closed public hearing;
(3) adopted RESOLUTION NO. 283-2002 amending and
confirming Sewer Service Charge Reports for 2002/2003
Fiscal Year for County Service Area (CSA) No. 7,
Boulder Creek
PAWCB
74. APPROVED appointment of Louis J. Tuosto to the
Workforce Investment Board, as an at-large
representative of Business, in accordance with County
Code Chapter 2.110, Section 20, for a term to expire
June 30, 2006
WCPAB
75. APPROVED appointment of Russ Elliott to the Workforce
Investment Board, as an at-large representative of
Business, in accordance with the County Code Chapter
2.110, Section 20, for a term to expire June 30, 2006
WCPAB
76. APPROVED reappointments of various persons to the
Workforce Investment Board, as at-large
representatives in the categories indicated, in
accordance with County Code Chapter 2.110, Section 20,
for terms to expire June 30, 2006
WCPAB
76.1 APPROVED subscription agreement for legal research and
related amendment between Lexis-Nexis and the County
of Santa Cruz for fiscal year 2002/03 and authorized
the District Attorney to sign the subscription
agreement and related amendment on behalf of the
County, as recommended by the District Attorney
WCPAB
77. RECEIVED bids regarding 2001/2002 Pavement Management
Overlay Project and referred to Public Works to return
on or before June 28, 2002 with a recommendation on
awarding of bid
AWP(C)B
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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