PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 2001, NUMBER 32
December 11, 2001
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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 - Supervisor Beautz absent
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. 55, 55.1, 55.2, 55.3, 55.4 and 55.5
4. ORAL COMMUNICATIONS - No one addressed the Board
5. Additions and Deletions to Regular Agenda, See Item
No. 58.1
CONSENT AGENDA
AW/B/PC
6. APPROVED claims as submitted by the Auditor-Controller
7. DELETED ITEM
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of November 29,
2001 through December 5, 2001 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 ORDINANCE NO. 4646 Adding Chapter 2.122 to the
Santa Cruz County Code Relating to a Living Wage
11. REJECTED the claim of Wanda Renita Conaway-Knight, No.
102-051 and referred to County Counsel
12. ADOPTED RESOLUTION NO. 432-2001 accepting and
appropriating unanticipated revenue in the amount of
$60,643 and authorized the Information Services
Department to purchase electronic document management
components, as recommended by the Auditor-Controller
13. ADOPTED RESOLUTION NO. 433-2001 modifying County
Deferred Compensation Plan and directed the Deferred
Compensation Advisory Commission to return no later
than January 29, 2002 with recommended modifications
to the Deferred Compensation Plan Document, as
recommended by the County Administrative Officer
14. ADOPTED RESOLUTION NO. 434-2001 establishing a 1% per
annum simple interest rate for residential tenants
security deposits effective January 1, 2002 and
approved related actions, as recommended by the County
Administrative Officer
15. APPROVED Memorandum of Understanding between the
County and the Court and authorized the County
Administrative Officer to sign, as recommended by the
County Administrative Officer
16. ADOPTED RESOLUTION NO. 435-2001 providing for property
tax exchange for Local Agency Formation Commission
(LAFCO) NO. 883, Village Associates Reorganization, as
recommended by the County Administrative Officer
17. DEFERRED report regarding Sheriff security storage
needs to February 26, 2002, as recommended by the
County Administrative Officer
18. AWARDED contract to JMA Construction in the amount of
$103,800 for the Watsonville Veterans Memorial
Building Bathrooms Remodel project; authorized the
General Services Director to notify the contractor and
sign the contract agreement and associated documents;
authorized the General Services Director to approve
change orders and encumber $10,380 in addition to the
contract amount, as required, as recommended by the
Director of General Services
19. ADOPTED RESOLUTION NO. 436-2001 accepting and
appropriating unanticipated revenue in the amount of
$66,000; approved transfer of funds in the amount of
$94,200 for fixed asset purchases in the Probation
Department's Crime Prevention Act of 2000 Program; and
approved related actions, as recommended by the Chief
Probation Officer
20. ADOPTED RESOLUTION NO. 437-2001 accepting and
appropriating associated unanticipated revenue in the
amount of $12,725 and approved purchase of two
trailers for transport of sports equipment for the
Sheriff's Activity League, as recommended by the
Sheriff-Coroner
21. APPROVED contract in the amount of $1,813,645 between
the Superior Court of California and the Sheriff-
Coroner for court security services; authorized the
Sheriff-Coroner to sign the contract; adopted
RESOLUTION NO. 438-2001 accepting and appropriating
unanticipated revenue in the amount of $274,000 from
the State Trial Court funds; and approved purchase of
two x-ray machines in a not-to-exceed amount of
$50,000 and the addition of one Sheriff's Security
Officer, as recommended by the Sheriff-Coroner
22. DEFERRED award of contract for a Wireless Data
Communications System to January 29, 2002, as
recommended by the Sheriff-Coroner
23. APPROVED reappointment of Jack Gordon to the Civil
Service Commission for a term to expire December 31,
2006, as recommended by Supervisor Almquist
24. APPROVED appointment of Fran Church to the Child Care
Planning Council for a term to expire April 1, 2005,
as recommended by Supervisor Pirie
25. DIRECTED the Chairman of the Board to submit the
County's comments regarding the Management Plan Review
for the Monterey Bay National Marine Sanctuary,
recommended by Supervisor Wormhoudt
26. APPROVED appointment of Captain Chris Jenkins,
Commander of the Santa Cruz Area California Highway
Patrol, to the Emergency Medical Care Commission, as
the at-large representative of the Law Enforcement
Chiefs Association, for a term to expire April 1,
2003, as recommended by Chairman Campos
27. APPROVED appointment of Sam Storey to the Long Term
Care Interagency Commission, as an at-large
representative of a publicly funded senior
transportation program, for a term to expire April 1,
2004, as recommended by Chairman Campos
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 Administrator
29. DIRECTED the Health Services Agency to continue
intensive monitoring of the alternative paramedic
training program and report back on or before December
10, 2002; and approved a one-year extension of the
American Medical Response West's alternative paramedic
training program, as recommended by the Health
Services Agency Administrator
30. ACCEPTED AND FILED the quarterly report from Central
Coast Alliance for Health, as recommended by the
Health Services Agency Administrator
31. APPROVED amendment to agreement designating the
Central Fire Protection District as an approved
paramedic service provider and authorized the Health
Services Agency Administrator to sign, as recommended
by the Health Services Agency Administrator
32. ADOPTED RESOLUTION NO. 439-2001 accepting and
appropriating unanticipated revenue in the amount of
$11,000 for the Child Passenger Safety project and the
Spinal Cord Injury Prevention project; approved
related grant agreements with the San Diego State
University Foundation; and authorized the Health
Services Agency Administrator to sign, as recommended
by the Health Services Agency Administrator
33. APPROVED contract amendment with Appleby and Company,
Incorporated in the amount of $42,267 for document
imaging web software and authorized the Health
Services Agency Administrator to sign, as recommended
by the Health Services Agency Administrator
34. APPROVED contract amendment with the Community Action
Board to increase the CalWORKs contract by $149,000
for the Work-Related Emergency Payments program and
authorized the Human Resources Agency Administrator to
sign the contract on behalf of the County, as
recommended by the Human Resources Agency
Administrator
35. APPROVED revenue agreement and amendment with the
Housing Authority in the amount of $70,000 for
transitional housing services; adopted RESOLUTION NO.
440-2001 accepting $3,691 in unanticipated revenue;
and authorized the Human Resources Agency
Administrator to sign the agreement and amendment on
behalf of the County, as recommended by the Human
Resources Agency Administrator
36. ADOPTED RESOLUTION NO. 441-2001 Authorizing Execution
of an Amendment to Agreement No. FAPP-1067 for Child
Development Services with the California Department of
Education in the amount of $762,278 for income
eligible parents engaged in employment, limited job
search and employment; ADOPTED RESOLUTION NO. 442-2001
Authorizing Execution of an Amendment to Agreement No.
GAPP-1068 for Child Development Services with the
California Department of Education in the amount of
$793,051 for eligible parents receiving public
assistance, and approved related actions, as
recommended by the Human Resources Agency
Administrator
37. APPROVED agreements for fiscal year 2001/2002 with the
Youth Resources Bank, Mountain Community Resources,
Parents Center, Incorporated, Community Bridges/Family
Health Education Center, Familia Center and the United
Way for a total amount of $225,158; authorized the
Human Resources Agency Administrator to sign; adopted
RESOLUTION NO. 443-2001 accepting and appropriating
unanticipated revenue in the amount of $27,554 to fund
a nine-month contract with the United Way; and adopted
RESOLUTION NO. 444-2001 accepting and appropriating
unanticipated revenue in the amount of $12,373 to fund
a nine-month contract with Community Bridges, as
recommended by the Human Resources Agency
Administrator
38. SCHEDULED a continued public hearing on Tuesday,
January 8, 2002, on the evening agenda, at 7:30 p.m.
to further consider an appeal of the Planning
Commission's denial of Application Number 98-0148 at
Atherton Place in Aptos, including the submission of a
revised proposal by the applicant to construct four
semi-detached townhouses and 29 detached townhouses in
a phased project, and directed the Clerk of the Board
to take related action, as recommended by the Planning
Director
39. DEFERRED consideration of various amendments to the
Affordable Housing Ordinance until January 15, 2002,
as recommended by the Planning Director
40. SEE ITEM NO. 58.3, REGULAR AGENDA
41. DEFERRED report on Tower Lodge to January 29, 2002, as
recommended by the Planning Director
(A)W/B/PC
42. DIRECTED Public Works to return on or before March 19,
2002 with a report on additional grant funding request
to the State Department of Fish and Game for the
repair of Bonny Doon Road storm damage sites, as
recommended by the Director of Public Works
43. ADOPTED RESOLUTION NO. 445-2001 accepting and
appropriating unanticipated revenue in the amount of
$13,569 from the Santa Cruz County Regional
Transportation Commission for the Wilder Ranch Bike
Path, as recommended by the Director of Public Works
44. SEE ITEM NO. 58.4, REGULAR AGENDA
45. ADOPTED ORDINANCE NO. 4647 amending Chapter 5.46 of
the Santa Cruz County Code regarding environmentally
acceptable packaging materials, as recommended by the
Director of Public Works
46. DIRECTED Public Works to return on or before January
15, 2002 with the contracts to hire the fish and
wildlife consultants for biological services for
Public Works projects, as recommended by the Director
of Public Works
47. ACCEPTED improvement and approved final cost in the
amount of $161,703.76 for the Granite Creek Storm
Damage Repair project and approved related action, as
recommended by the Director of Public Works
48. AUTHORIZED the installation of two 70-watt residential
street lights on Trembley Lane within County Service
Area No. 9, Zone A, as recommended by the Director of
Public Works
49. APPROVED amendment to agreement with Salix Applied
Earthcare by increasing the contract amount by $2,371
for the San Vicente Creek Streambank Protection
project; ADOPTED RESOLUTION NO. 446-2001 accepting and
appropriating unanticipated revenue from the United
States Department of Agriculture Natural Resources
Conservation Service in the amount of $1,960; ADOPTED
RESOLUTION NO. 447-2001 accepting and appropriating
unanticipated revenue from the Office of Emergency
Services in the amount of $600; and approved related
actions, as recommended by the Director of Public
Works
50. APPROVED amendment to agreement with the Regents of
the University of California, increasing the contract
by $5,000 to a not-to-exceed amount of $50,000 for
evaluation methods to control burrowing rodents on the
Salsipuedes and Pajaro River levees; adopted
RESOLUTION NO. 448-2001 accepting and appropriating
revenue in the amount of $5,000 from the Pajaro Storm
Drain Maintenance District; and approved related
action, as recommended by the Director of Public Works
51. APPROVED deferral of a proposed design standard for
open trench backfill and asphalt caps until on or
before January 15, 2002, as recommended by the
Director of Public Works
52. ACCEPTED AND FILED status report regarding efforts to
pursue employee housing opportunities and approved
related actions, as recommended by the Redevelopment
Agency Administrator
53. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED contract with Maggiora
Drilling, Incorporated in an amount not-to-exceed
$25,440 for installation of an irrigation booster pump
at Anna Jean Cummings Park and approved related
actions, as recommended by the Redevelopment Agency
Administrator
54. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 449-2001
committing the Agency to comply with the Living Wage
Ordinance, as recommended by the Redevelopment Agency
Administrator
55. 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. E.A. Hathaway &
Company, et al. Santa Cruz County Superior Court Case
No. CV 138598
Case Name/No.:Buena Vista Community Association v.
County, Sixth Appellate District No. H021206
Case Name/No.:County of Santa Cruz v. Donald H.
Heichel, et al., Santa Cruz County Superior Court Case
No. CV 140567
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
Case Name/No.:Griffith v. County Utility Tax, Court of
Appeal, Sixth Appellate District, Case No. H019505
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
PERSONNEL SESSION:County Administrative Officer
REPORT OF COUNTY COUNSEL - (1) In the case of Buena
Vista Community Association v. County, et al., Santa
Cruz County Superior Court Case No. 134742, Sixth
Appellate District No. H021206 the Board of
Supervisors authorized payment of attorney's fees to
the law firm of Wittwer and Parkin, including interest
and cost on appeal in the amount of $91,672.60
(2) In the case of County of Santa Cruz v. Donald H.
Heichel et al., Santa Cruz County Superior Court No.
140567 the Board of Supervisors authorized a
settlement of the law suit for the acquisition of
portions of two parcels of real property APN
02615141/42 in the amount of $50,000
(1) /B/PWAC
(2) /B/
55.1 ACCEPTED notification of at-large vacancy on the
Children and Youth Commission for a youth
representative, with nominations for appointment to be
received on January 8, 2002, and final appointment to
be made on January 15, 2002, as recommended by
Chairman Campos
55.2 ACCEPTED AND FILED report on vehicle purchases and
authorized the General Services Department to proceed
with the purchase of non-green vehicles, as described
in the report, as recommended by the Director of
General Services
55.3 ACCEPTED AND FILED report regarding the Sheriff's
South County Community Service Center; authorized the
Real Property Division of Public Works to negotiate
and sign a one-month extension to the current Service
Center lease agreement; and directed the Sheriff's
Office and County Administrative Office to return on
or before January 29, 2002 with a further report, as
recommended by the Director of General Services
55.4 REAPPOINTED Supervisor Jan Beautz to the Board of
Directors of the Santa Cruz Metropolitan Transit
District for a term to expire December 31, 2005, and
directed County Counsel to provide a report to the
Board on or before January 29, 2002, regarding the
appointment process for members of the Board of
Supervisors to the Transit District Board of
Directors, as recommended by Chairman Campos
55.5 SEE ITEM NO. 58.2, REGULAR AGENDA
REGULAR AGENDA
56. 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 its regularly scheduled
meeting
57. APPROVED appointment of Patricia A. Spence to the
Santa Cruz Metropolitan Transit District Board of
Directors, as an at-large County representative, for a
term to expire December 31, 2005
AW/B/PC
58. Considered requirement for approval of Housing
Development under existing General Plan and zoning in
Designations and information concerning distribution
of Affordable Housing Units throughout the County;
CONTINUED TO JANUARY 8, 2001 consideration of
requirement for approval of Housing Development under
existing General Plan and zoning in Designations and
information concerning distribution of Affordable
Housing Units throughout the County
AW/B/PC
58.1 Considered report of the Personnel Department and
adopt resolution to expedite the County recruitment
process and adopt ordinance amending Santa Cruz County
Code Section 3.20.050 regarding eligibility lists;
ADOPTED RESOLUTION NO. 450-2001 amending Resolution
No. 247-76 to amend personnel regulations; approved
ordinance "in concept" to return on January 8, 2002
for final adoption
AP/B/WC
58.2 ADOPTED RESOLUTION NO. 451-2001 ordering the
elections called by the school districts, the City of
Scotts Valley and the Pajaro Valley Water Management
Agency to be consolidated with the March 5, 2002
primary election, and authorized the county elections
official to conduct the elections on behalf of the
jurisdictions, as recommended by the County Clerk-
Recorder
WA/B/PC
58.3 ACCEPTED AND FILED Informational Report on Pajaro
Valley Water Management Agency's Draft Revised Basin
Management Plan, as recommended by the Planning
Director
PA/B/WC
58.4 ADOPTED RESOLUTION NO. 452-2001 of Intention to Amend
the Boundary of Underground Utility District 17,
Davenport; scheduled a public hearing on January 15,
2002 at 9:00 a.m. or thereafter; and approved related
actions, with an additional direction that Public
Works and the Planning Department work together over
the next month to come up with a plan to resolve the
issue of encroachment into the public right of way and
encroachment surrounding the utility pole; and report
back at the time of the public hearing on the proposed
resolution
WA/B/PC
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 January 8, 20021
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