Santa Cruz County Board of Supervisors Minutes: 5/20/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 15
Tuesday, May 20, 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; added Item Nos. 80.1 and 80.2
4.		ORAL COMMUNICATIONS - five people addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of April 29, 2003 and May 6, 2003, 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.   ADOPTED ORDINANCE NO. 4717 Amending the Title and Various Sections of Chapter 2.45 of the Santa Cruz County Code Changing the Name of the Children and Families Commission to the First 5 Commission

11.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 59 Amending District Code Title 3, Chapter 3.08, Article II, Sections, 3.08.160 through 3.08.180 Water Service Charges; and adopted ORDINANCE NO. 58 Amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges

12.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. F-6 Amending District Code Title 3, Chapter 3.08, Article III Section 3.08.150 Sewer Service Charges
WcBAP

13.   REJECTED the claim of Claudia Lynch, No. 204-099, and referred to County Counsel

14.   REJECTED the claim of Mountain Cable and Communications, Incorporated, No. 203-100, and referred to County Counsel

15.   REJECTED the claim of Wendell Burgess, No. 203-101, and referred to County Counsel

16.   DENIED the application to file a late claim on behalf of Gary Peffley, No. 203-103A, and referred to County Counsel

17.   DENIED the application to file a late claim on behalf of Gary Peffley, No. 203-103B, and referred to County Counsel

18.   APPROVED amendment to agreement with Appleby and Company, Incorporated in the amount of $15,500 to provide for building permit assessment processing; authorized the Assessor to sign agreement; and adopted RESOLUTION NO. 127-2003 accepting and appropriating unanticipated revenue in the amount of $15,500, as recommended by the Assessor

19.   AUTHORIZED the Auditor-Controller to proceed with necessary actions to secure the 2003/2004 Tax and Revenue Anticipation Notes, in an amount not-to-exceed $38,000,000; adopted RESOLUTION NO. 128-2003 authorizing the sale of the Notes; placed a copy of the official statement and offering on file with the Clerk of the Board; and requested that the Auditor-Controller return during budget hearings with further information, as recommended by the Auditor-Controller

20.   APPROVED realignment of funds and purchase of fixed assets, as recommended by the Director of Child Support Services

21.   ADOPTED RESOLUTION NO. 129-2003 accepting and appropriating unanticipated revenue in the amount of $100,000 from the State Victim Compensation and Government Claims Board, for processing of reimbursement claims for victims of violent crime, as recommended by the District Attorney

22.   APPROVED and authorized the Auditor-Controller to issue a warrant in the amount of $1,255.78 to the District Attorney for reimbursement of purchase of training equipment, as recommended by the District Attorney

23.   APPROVED and authorized the District Attorney to submit fiscal year 2003/2004 re-applications to funding agencies for the Anti-Drug Abuse Program in the amount of $277,665, the Violence Against Women Vertical Prosecution Program in the amount of $138,416, and renewal of the joint powers agreement with the Victims Compensation and Government Claims Board in the amount of $221,511, as recommended by the District Attorney

24.   APPROVED request to transfer $35,000 from the Elections Department's revenue accounts to salaries and benefits to meet estimated expenditures through the end of the fiscal year, as recommended by the County Clerk-Recorder

25.   APPROVED plans and specifications for the fuel Dispensing System Modification project; directed the General Services Department to advertise for bids; and set the bid opening on June 10, 2003 at 10:45 a.m., as recommended by the Director of General Services

26.   APPROVED plans and specifications for the Pajaro Dunes Fire Station Underground Tank Removal project; directed the General Services Department to advertise for bids; and set the bid opening on June 10, 2003 at 10:45 a.m., as recommended by the Director of General Services

27.   ACCEPTED AND FILED status report on Foster Care Expenditures and directed the Chief Probation Officer, and the Human Resources Agency and Health Services Agency Directors to provide an update on June 24, 2003 regarding fiscal year 2002/2003 foster care expenditures and efforts to control these expenditures, as recommended by the Chief Probation Officer

28.   AUTHORIZED the Probation Department to participate in the Watsonville Police Department's application for Federal Juvenile Justice and Delinquency Prevention grant funding, as recommended by the Chief Probation Officer

29.   AUTHORIZED the Probation Department to apply for the Federal Office of Justice Programs Drug Court augmentation grant and authorized the County Administrative Officer to sign the letter designating the Probation Department as the official applicant, as recommended by the Chief Probation Officer

30.   AUTHORIZED the Chief Probation Officer to participate in the Pajaro Valley Prevention and Student Assistance agency's application for Federal Juvenile Justice and Delinquency grant funding, as recommended by the Chief Probation Officer

31.   APPROVED amendments to contract with Redwood Toxicology Laboratory, Incorporated in the amount of $81,420 and approved related action, as recommended by the Chief Probation Officer

32.   ACCEPTED AND FILED the Treasury Oversight Commission Compliance Audit for the year ending June 30, 2002, as recommended by the Treasurer-Tax Collector

33.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending March 31, 2003, as recommended by the Treasurer-Tax Collector

34.   AUTHORIZED the Auditor-Controller to distribute excess proceeds from the March 8, 2003 auction, as recommended, and directed the County Tax Collector to notify all claimants by first class mail, postage prepaid, as recommended by the Treasurer-Tax Collector

35.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending April 30, 2003 and approved related action, as recommended by the Treasurer-Tax Collector

35.1.   DEFERRED report on medical marijuana identification card program to June 10, 2003, as recommended by the Health Services Agency Director

36.   APPROVED appointment of Michelle Finch to the Domestic Violence Commission, as recommended by Chairperson Pirie

37.   APPROVED reappointment of Angelica Diaz to the Latino Affairs Commission, as an at-large representative of the City of Watsonville, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

38.   APPROVED appointment of Carmen B. Perez and Ivonne Munoz to the Latino Affairs Commission, as at-large representatives of the City of Santa Cruz, for terms to expire April 1, 2007, and April 1, 2005, respectively, as recommended by Chairperson Pirie

39.   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

40.   APPROVED agreement with Decade Software Company, LLC, in the amount of $28,840 for environmental health data management services effective July 1, 2002 through June 30, 2007 and authorized the Health Services Agency Director to sign the agreement, as recommended by the Health Services Agency Director

41.   AUTHORIZED the Health Services Agency to submit a grant application to the Federal Office of Justice Programs for $500,000 over a three-year period to develop a Juvenile Drug Court program; and approved related actions, as recommended by the Health Services Agency Director

42.   AUTHORIZED the Health Services Agency to negotiate agreements with the Community Action Board of Santa Cruz County, Incorporated, in the amount of $8,000; Population Services International, in the amount of $8,000; Hope Ministries in the amount of $7,983; Stellar Products in the amount of $8,000; and Kim Hart in the amount of $8,000, for youth alcohol and drug prevention services funded with State grant funds, effective May 20, 2003; and directed the Health Services Agency to return for approval of the agreements, as recommended by the Health Services Agency Director

43.   ADOPTED RESOLUTION NO. 130-2003 scheduling a public hearing on Tuesday, June 10, 2003, on the morning agenda, at 9:00 a.m. or thereafter, on the proposed benefit assessment/service charges and proposed 2003/2004 Assessment/Service Charge Reports for County Service Area No. 12, Wastewater Management and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Director

44.   ACCEPTED AND FILED status report on greater Pasatiempo Area Sewage Disposal improvements, with a further report on June 24, 2003, as recommended by the Health Services Agency Director

45.   ACCEPTED AND FILED report on the use of emergency rooms by public inebriates and directed the Health Services Agency and the Sheriff to return during 2003/2004 budget hearings, with recommendations on ways to reduce the use of emergency rooms by public inebriates; with an additional direction that staff return at budget hearings with a supplemental report that includes background, what the protocols are, how money is going to be saved, the reasoning, information and statistics

46.   AUTHORIZED the Auditor-Controller to make payments to the State Employment Development Department for the Human Resources Agency's share of space at the Capitola Career Center; approved sublease agreements with Cabrillo College, Santa Cruz County Office of Education, Pajaro Valley Unified School District/Adult School, and the Center for Employment Training; authorized the Human Resources Agency Director to sign the agreements; and authorized the Human Resources Agency Director to take related actions, as recommended by the Human Resources Agency Director

47.   APPROVED contract amendments with Pajaro Valley Prevention and Student Assistance, Incorporated to increase mental health funding by $15,000 and with Santa Cruz Community Counseling Center/Youth Services to decrease mental health funding by $15,000; authorized the Human Resources Agency Director to sign the amendments; and authorized the Human Resources Agency Director to make minor modifications to the contracts and amendments, as recommended by the Human Resources Agency Director

48.   ACCEPTED AND FILED the fiscal year 2002/2003 annual report on Community Programs, as recommended by the Human Resources Agency Director

49.   SCHEDULED a public hearing on Tuesday, June 17, 2003 on the afternoon agenda, at 1:30 p.m. or thereafter to consider proposal to rezone Assessor's Parcel Number 062-011-33 from Special Use ("SU") zone district to the Timber Production ("TP") zone district (requires a Rezoning and Local Coastal Plan Amendment. The property is located on the north side of Thayer Road approximately 2,500 feet west of Bonny Doon Road at 640 Thayer Road), as recommended by the Planning Director

50.   AUTHORIZED the Planning Director to execute a contract with Green Drake Engineering for an amount not-to-exceed $13,000 to conduct an alternate site analysis for a proposed cell tower facility; authorized the Planning Director to execute an agreement for Conduct of Independent Review with the project applicant; and approved a standardized Agreement for Conduct of Independent Review for future projects, as recommended by the Planning Director

51.   SCHEDULED a public hearing on Tuesday, June 10, 2003 on the morning agenda, at 9:00 a.m. or thereafter to consider a recommendation of the Historic Resources Commission to designate certain structures in Aptos Village as historic resources and add them to the County's Historic Resources Inventory, as recommended by the Planning Director

52.   APPROVED plans, specifications and engineer's estimate for the Carlton Road at Coward Creek Storm Damage Repair project; authorized calling for bids; set the bid opening on June 10, 2003 at 10:45 a.m.; and approved related action, as recommended by the Director of Public Works

53.   APPROVED plans, specifications and engineer's estimate for the Green Valley Road Storm Damage Repair project; set the bid opening on June 17, 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

54.   ADOPTED RESOLUTION NO. 131-2003 for right-of-way acquisition for the Brommer Street Improvement Project, Phase II; made findings that the improvements are of benefit to the project; and approved payment of claims, as recommended by the Director of Public Works

55.   APPROVED independent contractor agreement with GeoSyntec Consultants, Incorporated for construction quality assurance during the construction of Buena Vista Landfill Expansion, Module 4A in the not-to-exceed amount of $168,000 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

56.   ADOPTED RESOLUTION NO. 132-2003 approving grant applications for the Safe Route to School Program funding in the amount of $100,000 for Sims Road (Brook Knoll Elementary School), $100,000 for Amesti Road (Amesti Elementary School), $75,000 for Calabasas Road (Calabasas Elementary School), and $100,000 for College Road (Lakeview Middle School and St. Francis High School), as recommended by the Director of Public Works

57.   ADOPTED RESOLUTION NO. 133-2003 scheduling a public hearing on Tuesday, June 3, 2003 on the morning agenda, at 9:00 a.m. or thereafter on the proposed benefit assessment/service charge report for County Service Area No. 57, Graham Hill, Drainage and Sanitation and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

58.   ACCEPTED AND FILED report on groundwater monitoring consultant selection for the Department of Public Works Roy Wilson Maintenance Yard; directed Public Works to return on June 3, 2003 with a contract selection, as recommended by the Director of Public works

59.   APPROVED road closures and event for the Felton Community Hall All-Out August event scheduled for August 2, 2003, and directed the Public Works Department to issue the road closure permit, as recommended by the Director of Public Works

60.   ADOPTED RESOLUTION NO. 134-2003 approving the submission of grant applications to the Monterey Bay Unified Air Pollution Control District for the Motor Vehicle Emission Reduction Grant Program, and appointed the Director of Public Works and the Department of Public works administrating agency applicant to execute and submit all documents, as recommended by the Director of Public Works

61.   ADOPTED RESOLUTION NO. 135-2003 authorizing the Director of Public Works to submit regional applications for Use Oil Block Grants to the California Integrated Waste Management Board on behalf of the County of Santa Cruz and participating city jurisdictions through June 30, 2008, as recommended by the Director of Public Works

62.   ADOPTED RESOLUTION NO. 136-2003 in support of the County's submission of an application to the California Integrated Waste Management Board for a Local Government Waste Tire Cleanup Grant and authorized the Director of Public Works to take actions to secure grant funding from the California Integrated Waste Management Board, as recommended by the Director of Public Works

63.   ACCEPTED AND FILED report on the Environmental Enhancement and Mitigation Program grant funds for the Geyer Quarry property acquisition, as recommended by the Director of Public Works

64.   ACCEPTED certification of the results of County Service Area (CSA) No. 25, Viewpoint Road (2nd District); directed the Director of Public Works to retain ballots for at least six months; and adopted RESOLUTION NO. 137-2003 authorizing and levying an assessment for road maintenance and operations within the CSA for 2003/2004 fiscal year and each year following, as recommended by the Director of Public Works

65.   APPROVED Contract Change Order No. 6 in the amount of $32,625.34 for the Browns Valley Road Bridge Replacement project; and authorized the Chairperson to sign the change order on behalf of the County, as recommended by the Director of Public Works

66.   ACCEPTED AND FILED report on the Bonny Doon Road - Liddell Creek Storm Damage Repair, as recommended by the Director of Public Works

67.   ACCEPTED low bid of Pavex Construction in the amount of $269,200 for the Graham Hill Road at Treetop Drive Left Turn Lane Project; authorized the award of the contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

68.   ACCEPTED AND FILED the Proposed 2003/2004 Capital Improvement Program (CIP) document and scheduled a study session on the Proposed CIP for June 10, 2003, as recommended by the Director of Public Works and the County Administrative Officer

69.   APPROVED road closure for Aptos 4th of July Parade and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

70.   APPROVED revisions to the authorized 2001 Series B Lease Revenue Bonds equipment list, as recommended by the Director of Public Works

71.   DEFERRED consideration of the Buena Vista Landfill Gas Power Project status report to on or before June 10, 2003, as recommended by the Director of Public Works

72.   APPROVED road closures and race for the Thirty-First Annual Wharf-to-Wharf Race for July 27, 2003, and directed the Public Works Department to issue the race permit, as recommended by the Director of Public Works

73.   APPROVED 4th of July beach access road closures and directed the Public Works Department to provide and assist the California Highway Patrol and Sheriff's Office with road closure barricades and detour signs, as recommended by the Director of Public Works

74.   APPROVED road closure and La Selva Beach 4th of July Parade, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

75.   APPROVED plans, specifications and engineer's estimate for the Public Works Maintenance Yards Under Dispenser Containment Boxes and Fuel Pumps Installation; authorized calling for bids; set the bid opening on June 10, 2003 at 10:45 a.m.; and approved related action, as recommended by the Director of Public Works

76.   APPROVED gross pay adjustment in the amount of $660.80 for one Transportation Planner IV and authorized the Auditor-Controller to take related action, as recommended by the Executive Director of the Santa Cruz County Regional Transportation Commission

77.   SEE ITEM NO. 86.1 REGULAR AGENDA

78.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED funds for the acquisition of property necessary for the construction of the Brommer Street Sidewalk Improvement project (17th to 38th Avenues) and approved related actions, as recommended by the Redevelopment Agency Administrator

79.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED proposed 2003/2004 Agency Budget and approved related actions, as recommended by the Redevelopment Agency Executive Director

80.   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.: Deborah Johnson, John Dougall v. Michelle McKinny, San Lorenzo Valley Unified School District ("SLVUSD") and DOES 1 through 25, inclusive; and Related Cross-Actions Santa Cruz Superior Court Case No. CV 141619

Case Name/No.: Jeanne Rodriguez v. County of Santa Cruz, Kathryn Canlis, in her individual capacity as District Attorney of the County of Santa Cruz, The County of Santa Cruz, and DOES 1 through 20 Santa Cruz Superior Court Case No. CV 144497

REPORT OF COUNTY COUNSEL - In the case of Jeanne Rodriguez v. Kathryn Canlis et. al. Santa Cruz Superior Court Case No. CV 144497, the Board of Supervisors authorized the County Counsel's Office to defend and indemnify Kathryn Canlis with a reservation of rights with regard to indemnification for punitive damages
BPWCA

80.1.   ACCEPTED nomination of Al Haynes for reappointment to the Water Advisory Commission, as an at-large representative of public water purveyors, for a term to expire April 1, 2007, with final appointment to be made June 3, 2003, as recommended by Chairperson Pirie

80.2.   DIRECTED Public Works to waive disposal fees for unusable school district computer equipment during the current period of downsizing and to coordinate with the affected school districts to appropriately arrange timely disposal of the computer equipment, as recommended by Supervisors Almquist and Wormhoudt

REGULAR AGENDA

81.   Public hearing held to consider the suggested modification by the California Coastal Commission to the Seacliff Village Plan;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 138-2003 to accept the modifications to the Seacliff Village Plan as suggested by the California Coastal Commission and adopted the changes necessitated by those modifications, as described above and in Attachments 2 and 3;

(2) and directed the Planning Department to transmit the resolution accepting the modifications to the GP-LCP, including the Seacliff Village Plan, to the California Coastal Commission for determination that this action is legally adequate
WABCP

82.   Public hearing held to consider recommendation of the Planning Commission to amend County Code Chapter 16.50 to incorporate elements of a model right-to-farm ordinance into existing Agricultural Land Preservation and Protection ordinance;

(1) conducted the public hearing on the proposed amendments to Chapter 16.50;

(2) closed public hearing;

(3) continued consideration of this matter to August 12, 2003, and directed staff to address the issues raised by Santa Cruz Title Company and the cost impacts of the proposed ordinance; with an additional direction to add language at the end of the sentence of paragraph (A)(1) of Section 16.50.090 that reads: "nothing here is intended to limit the rights of property owners under federal, state and local regulations governing pesticide and herbicide use".
WCBAP

83.   CONSIDERED report on the 2002 (Year 1 of 3) Marijuana Suppression Program and related action;

(1) accepted and filed report on the Marijuana Suppression Program activities;

(2) approved the renewal of the Cannabis Eradication Program grant in the amount of $20,000 for fiscal year 2003/04 from the Drug Enforcement Administration;

(3) approved grant application for the Marijuana Suppression Program and authorized the Sheriff-Coroner and County Administrative Officer to sign the grant statement, including any extensions or amendments thereof;

(4) and ADOPTED RESOLUTION NO. 139-2003 authorizing the Sheriff-Coroner to apply and accept funds during fiscal year 2003/04 for the Marijuana Suppression Program Grant and Cannabis Eradication Program Grant
CBwAP

84.   CONSIDERED adoption of resolutions relating to 2003/2004 sewer service charges for County Service Area (CSA) No. 20, Trestle Beach;

(1) ADOPTED RESOLUTION NO. 140-2003, as amended, establishing the service charge for County Service Area (CSA) No. 20, Trestle Beach in the amount of $1,630.24 per year per residence;

(2) ADOPTED RESOLUTION NO. 141-2003 setting June 3, 2003, at 9:00 a.m. or thereafter as the date and time for a public hearing to confirm the service charge reports;

(3) and 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
WABCP

85.   Continued consideration of resolutions relating to 2003/2004 sewer service charges for County Service Area (CSA) No.7, Boulder Creek;

(1) ADOPTED RESOLUTION NO. 142-2003 establishing the service charges for County Service Area No. 7, Boulder Creek;

(2) ADOPTED RESOLUTION NO. 143-2003 setting June 3, 2003, at 9:00 a.m. or thereafter as the date and time for a public hearing to confirm the service charge report;

(3) directed the Clerk of the Board to publish notice of public hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation;

(4) with additional direction to staff to report back on August 12, 2003 on the status of the County's inability to maintain and operate County Service Area No. 7 as a result of inadequate funding
AWBCP

85.1.   CONSIDERED adoption of resolution of intention and adoption of ordinance to initiate contract amendment with the Public Employee's Retirement System to provide for two years additional service credit pursuant to Government Code Section 20903;

(1) ADOPTED RESOLUTION NO. 144-2003 of Intention to amend the County's contract with the Public Employees' Retirement System pursuant to Government Code Section 20903 to provide for the possibility of offering an early retirement;

(2) approved "in concept" ordinance to amend the County's contract with the Pubic Employees' Retirement System to return on June 10, 2003 for final adoption along with final documents to execute the contract;

(3) directed the Clerk of the Board to immediately forward to the Public Employees' Retirement System a certified copy of the Resolution of Intention and Certification on Government Board's Action;

(4) and directed the Personnel Director to return on June 3, 2003 with a further report on early retirement
AWBCP

86.   CONSIDERED the County Administrative Officer's budget for the County of Santa Cruz for fiscal year 2003/2004 as the basis for deliberations during budget hearings; and consider related actions;

approved the figures in this document as those that constitute the Proposed County Budget for 2003-04 and ordered publication of the required notices, and scheduled June 16, 2003 as the date the Public Hearings on the 2003-04 Proposed County Budget will begin
WBCAP

86.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED status report on Second Unit Loan Program; and directed staff to return at budget hearings with a report on proposed outreach and public information program on the availability of these loans
WCBAP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS