Santa Cruz County Board of Supervisors Minutes: 5/6/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 14
Tuesday, May 6, 2003

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, A = Almquist; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.		Roll Call Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions and Deletions to the Consent Agenda; Item Nos. 35.1 and 35.2
4.		ORAL COMMUNICATIONS - two people addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

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.   DENIED application to file a late claim on behalf of Melodee Dinnell-Bakanoff, No. 203-097, and referred to County Counsel

11.   APPROVED recommendation to instruct the Auditor-Controller to issue replacement warrant, in the amount of $6,895.77, pursuant to Government Code Section 29802(c), as recommended by the Auditor-Controller

12.   AUTHORIZED the Auditor-Controller to proceed with necessary action to secure the 2003/2004 Tax and Revenue Anticipation Notes in an amount not-to-exceed $38,000,000 and report back during budget hearings, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED report regarding revision of campaign contribution control ordinance, as recommended by County Counsel

14.   ADOPTED RESOLUTION NO. 112-2003 scheduling a public hearing on Tuesday, June 17, 2003, on the morning agenda, at 9:00 a.m. or thereafter, on the proposed 2003/2004 Fire Protection Assessment rates and service charge reports for County Service Areas (CSA) 4 and 48 and directed the Clerk of the Board to take related actions, as recommended by the Emergency Services Administrator

15.   APPROVED amendments to the agreement with Gregory L. Katz, PhD for assessment and treatment of sex offenders, amending the term and fee schedule, as recommended by the Chief Probation Officer

16.   SEE ITEM NO. 47.2 REGULAR AGENDA

17.   DIRECTED the Public Works Department to review material on Waste-To-Energy facilities, and to obtain similar information from other potential vendors, conduct preliminary discussions with Monterey and San Benito Counties to determine their level of interest, and return to the Board in February, 2004 with their analysis on the feasibility of working cooperatively with both counties, or through the Association of Monterey Bay Area Governments, to develop a facility of this type in Moss Landing which could serve all three counties; with an additional direction the Interagency Solid Waste Task Force and Energy Commission be included in the review

18.   AUTHORIZED the Board to direct the Real Property Division of the Public Works Department to take the necessary steps to transfer ownership of Saratoga Toll Road to the California State Parks, as recommended by Supervisor Almquist

19.   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

20.   APPROVED 2003/2004 Proposition 36 County Plan and authorized the Health Services Agency Director to sign the plan and any minor amendments on behalf of the County, as recommended by the Health Services Agency Director

21.   ACCEPTED AND FILED report on ambulance negotiations and directed the Health Services Agency to report back on June 3, 2003 with the proposed ambulance contract that would take effect September 1, 2003, as recommended by the Health Services Agency Director

22.   SEE ITEM NO. 36.1 REGULAR AGENDA

23.   ADOPTED RESOLUTION NO. 113-2003 authorizing agreement between the State of California and the County of Santa Cruz for funding the purchase of networked computers and approved related actions; authorized the Planning Director to sign the agreement on behalf of the County; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

24.   ACCEPTED AND FILED report on Santa Cruz County Code, Volume II and directed the Planning Department to return on June 10, 2003 with a further report, as recommended by the Planning Director

25.   SEE ITEM NO. 36.2 REGULAR AGENDA

26.   ACCEPTED AND FILED report on Measure J monitoring and directed the Planning Department to return on June 10, 2003 with the results of the follow-up monitoring and the proposed process for achieving full compliance by all Measure J owners, as recommended by the Planning Director

27.   APPROVED plans, specifications, and engineer's estimate for construction of the Buena Vista Landfill Expansion; authorized calling for bids; set the bid opening for Tuesday, June 10, 2003 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works

28.   APPROVED plans, specifications, and engineer's estimate for the construction of the Buena Vista Landfill Entrance Facility Improvements, Phase I; accepted and filed report; authorized calling for bids; set the bid opening for Tuesday, June 17, 2003 at 10:45 a.m., and directed the Clerk of the Board to take related action

29.   ADOPTED RESOLUTION NO. 114-2003 accepting $175,000 of unanticipated revenue from County Disposal Sites County Service Area (CSA) 9C into the Public Works Internal Service Fund for a street sweeper, as recommended by the Director of Public Works

30.   APPROVED specifications, and engineer's estimate for the 2002/2003 Pavement Management Digout Project, Phase II; authorized calling for bids; set the bid opening for June 3, 2003 at 10:45 a.m.; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

31.   ACCEPTED right-of-way improvement associated with the 2001/2002 Pavement Overlay project; approved final cost in the amount of $3,941,910.23; and approved related action, as recommended by the Director of Public Works
(C)WBAP (Supervisor Campos abstained because he owns stock in Granite Construction)

32.   ADOPTED RESOLUTION NO. 115-2003 certifying the County maintained road mileage and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

33.   ADOPTED RESOLUTION NO. 116-2003 scheduling a public hearing on Tuesday, June 3, 2003, on the morning agenda, at 9:00 a.m. or thereafter on the benefit assessment/service charge reports for various County Service Areas (CSA); directed the Clerk of the Board to take related action; and adopted RESOLUTION NO. 117-2003 of intention to modify benefit assessments for CSA No. 54, Summit West, as recommended by the Director of Public Works

34.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract with John Gilchrist and Associates for $43,515 for preparation of Moran Lake water quality and lagoon restoration study; authorized the Redevelopment Agency Director to sign on behalf of the County; and approved related actions, as recommended by the Redevelopment Agency Administrator

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.: Rio Highlands LLC v. County of Santa Cruz Santa Cruz Superior Court Case No. CV 140518

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Health Care Provider Unit

REPORT OF COUNTY COUNSEL - No report given

35.1.   APPROVED Memorandum of Understanding (MOU) with the District Attorney Inspector Representation Unit for the term November 14, 2002 through November 15, 2005; authorized the Director of Personnel to sign on behalf of the County; and adopted RESOLUTION NO. 118-2003 amending Resolution No. 279-75 to implement salary actions to the MOU; adopted RESOLUTION NO. 119-2003 to establish the County's medical contributions for the duration of the MOU; and authorized the Personnel Director and the County Administrative Officer to take all necessary administrative actions, as recommended by the Personnel Director

35.2.   SEE ITEM NO. 47.1 REGULAR AGENDA

REGULAR AGENDA

36.   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 special meeting

36.1.   ACCEPTED AND FILED status report of efforts regarding In-Home Supportive Services (IHSS) contract procurement; and directed the Human Resources Agency Director to report back on or before June 3, 2003 with the transition plan for serving IHSS contract consumers in fiscal year 2003/2004
WABCP

36.2.   ACCEPTED AND FILED report on Code Compliance; and directed the Planning Department to return on June 3, 2003 with information on the existing active and inactive caseload and ordinance amending Section 12.01.070
ACBWP

37.   Continued public hearing to consider adoption of a Trench Cut Recovery Fee Ordinance and trench detail for possible inclusion in the 2003 Design Criteria Manual;

(1) closed public hearing;

(2) adopted ORDINANCE NO. 4716 adding Chapter 9.8 to Division II Roads of Title 9 of the Santa Cruz County Code to Establish A Trench Cut Cost Recovery Fee To Be Imposed In Conjunction with Permits for Excavation in the Public Right-of-Way; with language added to Section II, 9.80.070(b), as follows: "If the Board finds that future imposition of the Trench Cut Cost Recovery Fee against the claimant would also be inconsistent with a contract to which the claimant is a party or would be unlawful for another reason, the claimant shall thereafter be exempt from the Trench Cut Cost Recovery Fee, unless the Board later finds on the basis of changed circumstances that the exemption should be revoked"; and

(3) approved the revised longitudinal trench detail for inclusion in the proposed 2003 Design Criteria Manual
BAWCP

38.   Public hearing held on proposed 2003/2004 sewer service charge rates in County Service Area (CSA) No. 2, Place de Mer; CSA No. 5, Sand Dollar Beach and Canon Del Sol; CSA No. 7, Boulder Creek; CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach;

(1) opened public hearing, to hear objections, to the proposed CSA No. 2, Place de Mer; CSA No. 5, Sand Dollar Beach and Canon del Sol; CSA No. 7, Boulder Creek; CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach sewer service charge fees;

(2) closed public hearing;

(3) adopted RESOLUTION NO. 120-2003 establishing Service Charges for County Service Area (CSA) No. 2, Place De Mer; adopted RESOLUTION NO. 121-2003 establishing Service Charges for CSA No. 5, Sand Dollar Beach and Canon Del Sol; adopted RESOLUTION NO. 122-2003 establishing Service Charges for CSA No. 10, Rolling Woods; additionally the Board continued consideration of CSA No. 7, Boulder Creek to May 20, 2003 to allow staff the opportunity to count and validate the ballots and to allow any further communications, as appropriate, with the residents of CSA No. 7; continued consideration of CSA No. 20, Trestle Beach to May 20, 2003; and directed Environmental Health report back on the current status of the proposal to create a CSA to provide sewer service in the Rolling Woods/Pasatiempo area as previously discussed with the residents of that area;

(4) adopted RESOLUTION NO. 123-2003 setting June 3, 2003, at 9:00 a.m. or thereafter, as the date and time for public hearing to confirm the service charge reports for County Service Area (CSA) No. 2, Place de Mer; CSA No. 5, Sand Dollar Beach and Canon Del Sol and for CSA No. 10, Rolling Woods; and

(5) directed the Clerk of the Board to publish the Notice of Public Hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation
ABWCP

39.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinances amending District Code establishing water and sewer service charges;

(1) closed public hearing;

(2) approved "in concept" ordinance amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges, and ordinance amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 Water Service Charges to return on May 20, 2003 for final adoption;

(3) set Tuesday, June 3, 2003, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report for Davenport County Sanitation District; and

(4) directed the Clerk of the Board to publish the Notice of Public Hearing, once a week for two weeks prior to the hearing in a newspaper of general circulation
WBCAP

40.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on proposed ordinance amending sewer service charges for 2003/2004;

(1) closed public hearing;

(2) approved "in concept" ordinance Amending District Code Establishing Sewer Service Charges to return on May 20, 2003 for final adoption;

(3) set Tuesday, June 3, 2003, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report; and

(4) directed the Clerk of the Board to publish the Notice of Public Hearing, once a week for two weeks prior to the hearing in a newspaper of general circulation
AWBCP

41.   Public hearing held to consider approval of a request to California Debt Limit Allocation Committee (CDLAC) for an Allocation of Tax-exempt Bond Authority to finance the Villas Del Paraiso housing development project;

(1) closed public hearing; and

(2) adopted RESOLUTION NO. 124-2003 approving the issuance of the Bonds by the California Statewide Communities Development Authority in the amount of $7,000,000 for the Villas del Paraiso Project
CABWP

42.   CONSIDERED proposed ordinance amending Chapter 2.45 of the Santa Cruz County Code changing the name of the Children and Families Commission to the First 5 Commission;

approved "in concept" ordinance changing the name of the Children and Families Commission to the First 5 Commission to return on May 20, 2003 for final adoption
AWBCP

43.   APPOINTED Ward Alksne to the Hazardous Materials Advisory Commission, as an at-large representative of industry, in accordance with County Code Section 2.92.030, for a term to expire April 1, 2005
WCBAP

44.   APPOINTED Rose Barker to the In-Home Supportive Services Advisory Commission, as an at-large representative in the category of "current or former provider-contract care mode," in accordance with County Code Section 2.124.040, for a term to expire April 1, 2007
AWBCP

45.   APPOINTED Nan Lewicky to the Children and Youth Commission, as an at-large representative of Providers, in accordance with County Code Section 2.44.030, for a term to expire April 1, 2005
ACBWP

46.   APPOINTED David Zenker to the Emergency Medical Care Commission, as an at-large representative of ambulance services, in accordance with County Code Section 2.52.030, for a term to expire April 1, 2007
CWBAP

47.   CONSIDERED final conditions of approval for Application No. 01-0445; Assessor's Parcel No. 029-381-17; Applicant: Pacific Rim Planning Group; Owner: Ruth Finlay;

approved the final Conditions of Approval for Application 01-0445; with the following changes: (1) under Section III, Subsection D, No. 7, add the words "as identified in Exhibit A" to the end of the first sentence; (2) under Section III, Subsection D, No. 11 g, add the word "last" between the words "the" and "individual" in the (Note) at the end of the first sentence; (3) in Section III, Subsection F, No. 4, add the words "and trees" after the word "shrubs" in the first sentence; and (4) under Section IV, Subsection I, change the wording in the second sentence to read, "If the County has not secured all the required right of way and awarded a contract for the construction of the improvements by December 31, 2003 the condition will be void"; and requested staff include policy information as part of the Design Standards report back on August 26, 2003
BWCAP

47.1.   ADOPTED RESOLUTION NO. 125-2003 opposing Senate Bill 54, unless amended regarding the regulation of mobile home lot lines
WCBAP

47.2.   ADOPTED RESOLUTION NO. 126-2003 in support of Assembly Bill 205, relating to same sex marriages, and approved related action
WABCP

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