Santa Cruz County Board of Supervisors Minutes: 8/3/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 21
Tuesday, August 3, 2004

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, S = Stone; 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
2.		Moment of Silence and Pledge of Allegiance
3.		Deletions to the Closed Session: Item No. 61: Deleted, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for two potential cases
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 14, 2004, June 15, 2004, June 16, 2004, June 17, 2004, June 18, 2004, June 21, 2004, June 22, 2004, June 24, 2004 and June 30, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 17, 2004 through July 28, 2004 and approved upon adoption of the 2004/2005 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. 4766 Amending Section 4.28.050 of the Santa Cruz County Code Adding a Senior's Exemption to the Emergency Response Fee

11.   REJECTED the claim of Manuel E. Sisneros, No. 304-135, and referred to County Counsel

12.   REJECTED the claim of Timothy P. Hughes, No. 304-137, and referred to County Counsel

13.   APPROVED amendments to agreement with Ryerson, Master and Associates, Incorporated increasing the amount of the contract to $589,205 for an Agricultural Engine Emissions Reductions Program and authorized the Agricultural Commissioner to sign the amended contract, as recommended by the Agricultural Commissioner

14.   APPROVED pay adjustment in the amount of $662.40 for an employee in the University of Santa Cruz Cooperative Extension, as recommended by the County Director of the Agricultural Cooperative Extension

15.   ADOPTED RESOLUTION NO. 251-2004 authorizing the temporary transfer of Tax and Revenue Anticipation Loan funds to meet necessary operation and maintenance expenses for 2004/2005 for the Aptos/La Selva, Branciforte, Central, Pajaro Valley, and Scotts Valley Fire Protection Districts, and approved related actions, as recommended by the Auditor-Controller

16.   APPROVED agreement with the Office of Administrative Hearings for hearing officer services and authorized the County Administrative Officer to execute the agreement, as recommended by County Counsel

17.   APPROVED gross pay adjustment in the amount of $1,091.20 for an Attorney I in the District Attorney's Office, as recommended by the District Attorney

18.   ADOPTED RESOLUTION NO. 252-2004 authorizing the District Attorney to reapply to the State Department of Insurance to use $115,147 of funding in fiscal year 2004/2005 for the Worker's Compensation Insurance Fraud program, as recommended by the District Attorney

19.   APPROVED specifications for the 1975 Chanticleer Roof Replacement project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on September 1, 2004 in the General Services Department, as recommended by the Director of General Services

20.   APPROVED specifications for the Main Jail Booking Area Floor Replacement project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on September 1, 2004 in the General Services Department, as recommended by the Director of General Services

21.   ACCEPTED Treasurer's monthly Cash Report and Transaction Report for the period ending June 30, 2004 and approved related action, as recommended by the Treasurer-Tax Collector

22.   ACCEPTED nomination of Sherry Wasserman for appointment to the Managed Medical Care Commission, as an at-large provider representative of a non-governmental community clinic, for a term to expire April 1, 2007, with final appointment to be made August 10, 2004, as recommended by Supervisor Pirie

23.   APPROVED appointment of Dr. Salem Magarian to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

24.   APPROVED appointment of Dennis Baldwin to the Fish and Game Advisory Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

25.   APPROVED appointment of Peter G. Heylin to the Commission on Disabilities for a term to expire April 1, 2005, as recommended by Supervisor Stone

26.   APPROVED appointment of Sheila De Lany to the Women's Commission for a term to expire April 1, 2005, as recommended by Supervisor Stone

27.   DIRECTED the Public Works Department to provide a report to the Board on September 14, 2004, regarding the development of a policy for countywide bilingual informational signs, as recommended by Supervisor Stone

28.   APPROVED appointment of Luanne Barr to the Mental Health Advisory Board, in the category of "Consumer/Family" for a term to expire April 1, 2006, as recommended by Supervisor Stone

29.   APPROVED appointment of Erik Edmonds to the Commission on Disabilities for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

30.   APPROVED reappointment of Rich Hill to the Workforce Investment Board, as an at-large appointee representing the City of Capitola, for a term to expire June 30, 2008, as recommended by Chair Wormhoudt

31.   APPROVED reappointment of Laura Kuhn to the Workforce Investment Board, as an at-large appointee representing the City of Scotts Valley, for a term to expire June 30, 2008, as recommended by Chair Wormhoudt

32.   ACCEPTED notification of vacancy on the Long Term Care Interagency Commission, for an at-large representative over 55 years of age, with nominations for appointment to be received on August 17, 2004, and final appointment to be made August 24, 2004, as recommended by Chair Wormhoudt

33.   ACCEPTED notification of at-large vacancies on the Assessment Appeals Board, as outlined, with nominations for appointment to be received on August 17, 2004, and final appointment to be made August 24, 2004, as recommended by Chair Wormhoudt

34.   ACCEPTED AND FILED annual inspection report for the Santa Cruz County Juvenile Hall, conducted by the Santa Cruz County Juvenile Justice and Delinquency Prevention Commission, as recommended by Chair Wormhoudt

35.   DIRECTED the Board Chair to write to the County's federal and state representatives urging that they oppose the decision of the Federal Energy Regulatory Commission to retain sole authority for the siting and construction of liquefied natural gas terminals in California, as recommended by Chair Wormhoudt

36.   SEE ITEM NO. 62.2 REGULAR AGENDA

37.   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

38.   ADOPTED RESOLUTION NO. 253-2004 authorizing the Health Services Agency to sign on-going state standard agreements included on the 2004/2005 Continuing Agreements list, and directed the clerk of the Board to take related actions, as recommended by the Health Services Agency Director

39.   APPROVED agreement with Santa Cruz Community Counseling Center increasing the maximum amount by $280,000 to $5,564,100 through June 30, 2005 for the rehabilitation services program and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

40.   DEFERRED consideration of report on the completed Child Welfare Services Self-Assessment and plans for completion of the related System Improvement Plan until August 10, 2004, as recommended by the Human Resources Agency Director

41.   DEFERRED consideration of Options for Recovery program service agreement to August 10, 2004, as recommended by the Human Resources Agency Director

42.   CONTINUED consideration of the actions to complete abatement of 136 View Circle Drive in Felton to August 24, 2004, as recommended by the Planning Director

43.   ACCEPTED improvement for the China Grade, Road Repair Storm Damage Repair project; approved final cost in the amount of $572,826; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

44.   APPROVED reimbursement agreement between the City of Santa Cruz Water Department and the County of Santa Cruz to reimburse the County for costs related to the water department items on the Gross Road Improvements 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

45.   APPROVED proposed Disadvantaged Business Enterprise participation goal for federal fiscal year 2004/2005 and authorized Public Works to submit the goal for a 45-day public review, as recommended by the Director of Public Works

46.   APPROVED Program Supplement No. M027-R1 for $4,717,540 in revenue for the Harkins Slough Road Bridge at West Branch of Struve Slough; adopted RESOLUTION NO. 254-2004 authorizing execution of an agreement between the State of California and the County of Santa Cruz for construction engineering; authorized the Director of Public Works to sign the original and duplicate original of the Program Supplement on behalf of the County; and approved related action, as recommended by the Director of Public Works

47.   APPROVED Federal Apportionment Exchange Program and State Match Program Agreement; adopted RESOLUTION NO. 255-2004 accepting revenue in the amount of $324,813; and authorized the Chairperson of the Board of Supervisors to sign the agreement; and approved related actions, as recommended by the Director of Public Works

48.   AUTHORIZED payment in the amount of $1,629 to Bowman and Williams for services performed in the design of the Seacliff Village Streetscape Plan and State Park Drive Improvement project, as recommended by the Director of Public Works

49.   ACCEPTED AND FILED report and made a determination to continue the state of local emergency on East Cliff Drive from 33rd Avenue to 36th Avenue, as recommended by the Director of Public Works

50.   ACCEPTED improvement for the Under Fuel Dispenser Containment Boxes and Fuel Pumps at the Brommer, Felton, and Lode Street Maintenance Yards project; approved final cost in the amount of $149,477.58; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

51.   APPROVED Program Supplement No. M036 for $552,000 in revenue for the December 2002 Storm; adopted RESOLUTION NO. 256-2004 authorizing execution of agreement between the State of California and the County of Santa Cruz for preliminary engineering and environmental studies; and authorized the Director of Public Works to sign the original and duplicate original of the Program Supplement on behalf of the County, as recommended by the Director of Public Works

52.   SEE ITEM NO. 59.1 REGULAR AGENDA

53.   ACCEPTED low bid of Conley Construction in the amount of $291,308.44 for construction of the McGaffigan Mill Road Bridge Replacement Project - County Service Area (CSA) No. 59 (District 5); authorized award of contract; adopted RESOLUTION NO. 257-2004 accepting and appropriating unanticipated revenue in the amount of $340,000 from CSA No. 59, McGaffigan Mill Road; approved loan agreement in the amount of $340,000; and authorized the Chairperson of the Board to sign the agreement on behalf of CSA No. 59, McGaffigan Mill Road, as recommended by the Director of Public Works

54.   APPROVED independent contractor agreement with MNS Engineering, Incorporated for construction inspection services for the El Rancho Drive Storm Damage Repair at Highway 17 Beulah Park Undercrossing, project for a total not-to-exceed amount of $222,580, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

REGULAR AGENDA

55.   Public hearing held to consider extension of interim regulations for the conversion of non-residential land to residential land;

closed public hearing; adopted ORDINANCE NO. 4767 adopting Interim Zoning Regulations regarding the conversion of non-residential land to residential land, with an additional direction when the interim ordinance returns to the Board it addresses, as appropriate, all levels of affordable housing
SCBPW

56.   Public hearing held on proposed 2004/2005 benefit assessments for County Service Area (CSA) No. 58, Ridge Drive;

(1) opened public hearing to hear objections to the proposed County Service Area No. 58, Ridge Drive, Zones 3 and 4, 2004/2005 Benefit Assessment;

(2) requested submittal of ballots for CSA No. 58, Ridge Drive, Zone 3 and 4, 2004/2005 assessments;

3) closed public hearing as to public testimony only; and

4) continued the public hearing to August 10, 2004, to allow for tabulation and certification of the ballots
CPBSW

57.   Public hearing held on proposed 2004/2005 service charge report for County Service Area (CSA) No. 11 - Park Debt Service;

(1) opened public hearing to hear objections to the proposed 2004-2005 service charge report for County Service Area (CSA) No. 11 - Parks Debt Service;

(2) closed public hearing and adopted RESOLUTION NO. 258-2004 confirming the service charge for CSA No. 11 - Parks Debt Service
PBCSW

58.   Public hearing held to consider fiscal year 2004/2005 Assessment Report for County Service Area 9E - Streetscape Maintenance;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 259-2004 confirming the Assessment Report for the 2004-2005 fiscal year for county Service Area No. 9E, Streetscape Maintenance
PBCSW

59.   CONSIDERED proposed ordinance amending Chapter 9.56 relating to abandoned and wrecked vehicles on private and public property, excluding streets and highways of Santa Cruz County;

approved "in concept" ordinance Amending Chapter 9.56 of the Santa Cruz County Code Relating to Abandoned and Wrecked Vehicles to return on August 10, 2004 for final adoption
CPBSW

59.1.   ADOPTED RESOLUTION NO. 260-2004 Authorizing Issuance of Limited Obligation Refunding Improvements Bonds Reassessment and Refunding District of 2004 (Freedom Boulevard Sewer Assessment District); adopted RESOLUTION NO. 261-2004 Intention to Levy Reassessments and to Issue Limited Obligation Refunding Improvement Bonds Upon the Security Thereof; adopted RESOLUTION NO. 262-2004 Adopting Reassessment Report, Confirming and Ordering the Reassessment Pursuant to Summary Proceedings and Directing Related Actions, and authorized the Auditor-Controller to execute the purchase agreement and the professional service agreements as required, as recommended by the Auditor-Controller and the Director of Public Works
CPBSW

60.   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

61.   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.: Alan Johnson v. County of Santa Cruz and Kathryn Canlis

Federal District Court of Northern California Case No. C 02 0441 JW

Case Name/No.: John Mancini v. County of Santa Cruz, et al

Santa Cruz County Superior Court Case No. CV 149535

REPORT OF COUNTY COUNSEL - No report given

62.   CONSIDERED resolution calling for a special election to be held on Tuesday, November 2, 2004, for the purpose of submitting to the voters, a measure to decide whether the County's Emergency Fee Ordinance shall be repealed; and directing County Elections to conduct the election, and directing consolidation of the election;

ADOPTED RESOLUTION NO. 263-2004 Calling and Providing for a Special Election to be held on Tuesday, November 2, 2004, for the purpose of submitting to the qualified electors of the unincorporated area of the County of Santa Cruz, a Measure to decide whether the County's Emergency Response Fee Ordinance shall be repealed; and directing County Elections to conduct the election, and directing consolidation of the election
BCPSW

62.1.   CONSIDERED letter of the County Auditor-Controller recommending rescission of measure to establish Office of Director of Finance;

(1) adopted RESOLUTION NO. 264-2004 Rescinding the Measure to consider the consolidation of the Treasurer-Tax Collector and Auditor-Controller Offices Establishing the Office of Director of Finance in the November election; and

(2) directed the County Administrative Officer to report back on previous actions taken by the Board on reorganization
PSbcW

62.2.   ADOPTED RESOLUTION NO. 265-2004 Urging Passage of Assembly Bill 2311; adopted RESOLUTION NO. 266-2004 Urging Passage of Senate Bill 1851; adopted RESOLUTION NO. 267-2004 Opposing the Passage of Assembly Bill 428 and adopted RESOLUTION NO. 268-2004 Opposing the Passage of Assembly Bill 2006, as recommended by Chair Wormhoudt
CPBSW

63.   CONSIDERED petitions requesting establishment of a Community Facilities District to acquire the water system which serves the Felton area and related actions;

(1) accepted Clerk's Certification of Examination of Mello-Roos District Formation Petition;

(2) waived the advance funding requirement for the formation of the Community Facilities District as provided for in the County's Policies and Practices for Land Secured Financing of Public Improvements;

(3) authorized the expenditure of budget funds not-to-exceed $50,000 for Bond Counsel and Financial Advisor in the formation of the District and authorized the County Administrative Officer to negotiate and sign the appropriate agreements; and

(4) authorized the County Administrative Office to work with the County's Bond Counsel, the County's Financial Advisory, representatives of FLOW and the San Lorenzo Valley Water District on satisfying the conditions for establishing a Community Facilities District which would finance the acquisition of the private water system now serving Felton
SBP/C/W

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS