Santa Cruz County Board of Supervisors Minutes: 12/7/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 36
Tuesday, December 7, 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.		Additions to the Closed Session Agenda: Item No. 38: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street addresses (APN if no street addresses): APN 026-111-03 Negotiating parties (not agents): Betsey Lynberg, Redevelopment Agency Director and Dave McClure
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 November 16, 2004 and November 23, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 18, 2004 through December 1, 2004 and approved upon adoption of the 2003/2004 and 2004/2005 continuing agreements lists 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.   REJECTED the claim of Raymon Tate, No. 405-058, and referred to County Counsel

11.   APPROVED Joint Powers Agreement for the Standard Data Record Development Program for electronic business property statements; authorized the Assessor to sign and participate in the agreement for an estimated one-time cost of $1,200; and adopt RESOLUTION NO. 376-2004 accepting and appropriating $1,200 in State-County Property Tax Administration Grant funds, as recommended by the Assessor

12.   ACCEPTED AND FILED Treasurer Quarterly Cash Count, as recommended by the Auditor-Controller

13.   ADOPTED RESOLUTION NO. 377-2004 to establish a .32 percent per annum simple interest rate on tenant's rental security deposits, effective January 1, 2005 and request the District Attorney's Consumer Affairs Division include this information in materials that they produce, as recommended by the County Administrative Officer

14.   APPROVED revisions to the County Procedures Manual and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer

15.   ACCEPTED Statement of Vote for the November 2, 2004 Presidential General Election, and declared the winners for each office and the results of measures under the Board's jurisdiction, pursuant to Elections Code Section 15400, as recommended by the County Clerk

16.   AWARDED contract to Bustichi Construction in the amount of $34,260 for the Main Jail Water Intrusion 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 $3,426 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

17.   REJECTED all bids received on November 10, 2004 for the Juvenile Hall Floor and Ceiling Replacement project and directed the General Services Department to return on or before January 11, 2005 with a recommendation on re-advertising the project, as recommended by the Director of General Services

18.   APPROVED Independent Contractor Agreement with William Fisher Architecture for engineering and design services for the Main Jail strip search room and approved related actions, as recommended by the Director of General Services

19.   APPROVED appointment of Ellen G. Ortiz to the Child Care Planning Council, as a representative of Category 4, for a term to expire April 1, 2007, as recommended by Supervisor Beautz

20.   ADOPTED RESOLUTION NO. 378-2004 supporting the temporary fee title proposal to the California Department of Conservation's California Farmland Conservancy Program for the Sand Hill Bluff agricultural protection project, as recommended by Supervisor Wormhoudt

21.   APPROVED appointment of Supervisor Pirie to represent Santa Cruz County on the Sanctuary Scenic Trail Committee, as recommended by Chair Wormhoudt

22.   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

23.   ACCEPTED AND FILED report on the need to continue the state of local emergency resulting from the shortage of influenza vaccine, as recommended by the Health Services Agency Director

24.   APPROVED amendment to agreement with Janus of Santa Cruz increasing the maximum amount by $39,000 to $1,928,230 to provide sobering beds and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

25.   ACCEPTED report on County water resource management efforts and directed the Health Services Agency to provide a follow up report on January 4, 2005; with an additional direction to clarify why money received from Zone 4 was eliminated in the last budget

26.   ADOPTED RESOLUTION NO. 379-2004 rescinding Resolution No. 226-2004 and authorizing the Multipurpose Senior Services Program for July 1, 2004 through June 30, 2005; and authorized the Human Resources Agency Director to execute the contract amendment with the California Department of Aging in the amount of $777,451 for fiscal year 2004/2005, as recommended by the Human Resources Agency Director

27.   ADOPTED RESOLUTION NO. 380-2004 accepting and appropriating unanticipated revenue in the amount of $7,740 for foster parent recruitment and training, as recommended by the Human Resources Agency Director

28.   APPROVED gross pay adjustment in the amount of $1,612.80, as recommended by the Human Resources Agency Director

29.   ACCEPTED AND FILED report on the Joint Powers Facilities Construction Agreement between the County and Cabrillo College for the Soquel Drive and Cabrillo College Drive Roadway Improvements and finalized the agreement; adopted RESOLUTION NO. 381-2004 vacating the superceded right-of-way for a portion of Cabrillo College Drive; adopted RESOLUTION NO. 382-2004 exchanging the superceded right-of-way alignment; and authorized the Chairperson of the Board to sign the Grant Deed, as recommended by the Director of Public Works

30.   ACCEPTED AND FILED the final 2004/2005 Capital Improvement Program document and directed the Department of Public Works to return on or before May 24, 2005, with the Proposed 2005/2006 Capital Improvement Program, as recommended by the Director of Public Works

31.   APPROVED contract with URS Corporation in a not-to-exceed amount of $54,470 for environmental services for the Quail Hollow Road Bridge Replacement project, and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

32.   ACCEPTED low bid from J. Johnson and Company, Incorporated of Watsonville in the amount of $27,123 for the Ridge Drive County Service Area No. 58 Drainage Improvement project; authorized award of contract; adopted RESOLUTION NO. 383-2004 accepting and appropriating unanticipated revenue in the amount of $9,622 for the above project; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

33.   ADOPTED ORDINANCE NO. 4777 amending Chapter 5.46 of the Santa Cruz County Code regarding environmentally acceptable packaging materials, as recommended by the Director of Public Works

34.   APPROVED Phase I of the Food Waste Composting project; approved transfer of funds in the amount of $72,300.50 from services and supplies to principal of lease purchase for first year lease purchase expense; directed General Services working with Public Works to enter into a three year lease purchase agreement in the amount of $216,901.50 for a bagging machine and a shredder; approved Memorandum of Understanding with Waste Management and Vision Recycling defining responsibilities for Phase I of the composting project; authorized the Director of Public Works to sign the Memorandum of Understanding on behalf of the County; and approved rate schedule for new food waste collection services to be provided by Waste Management, as recommended by the Director of Public Works

35.   APPROVED Landfill Gas Purchase (LGP) Agreement and the Site Lease (SL) Agreement with Ameresco Santa Cruz Energy, LLC for the Buena Vista Landfill Gas Power project; authorized the Director of Public Works to sign two originals of the LGP Agreement and two originals of the SL Agreement on behalf of the County; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

36.   SEE ITEM NO. 44.1 REGULAR AGENDA

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 384-2004 amending Exhibit "A" to Agency Resolution No. 430-92 which adopted the Agency's Conflict of Interest Code pursuant to the Political Reform Act of 1974 as amended in 1990; authorized the Redevelopment Agency Executive Director to sign and submit the code; and directed the Clerk of the Board to take related action, as recommended by the Redevelopment Agency Administrator

38.   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.: Ernestina Saldana, et al. v. County of Santa Cruz, et al.

United States District Court, Northern District Case No. C04 03263 RMW

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street addresses (APN if no street addresses): APN 026-111-03

Negotiating parties (not agents): Betsey Lynberg, Redevelopment Agency Director, and Dave McClure

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

39.   Presentation made honoring Suzanne Young, Acting Treasurer-Tax Collector

40.   ADOPTED RESOLUTION NO. 385-2004 appointing Fred Keeley to the office of Treasurer-Tax Collector effective January 1, 2005 for the remainder of the term of office, which is until noon on January 8, 2007
CSBPW

41.   CONSIDERED 2005 County Legislative Program;

(1) directed the County Administrative Officer to forward the program to State and Federal representatives and to State and Federal associations for their consideration;

(2) adopted the recommendations from County departments regarding the California Performance Review (CPR) proposals and adopted RESOLUTION NO. 388-2004 opposing the consolidation of local workforce investment areas as requested by the Workforce Investment Board;

(3) with additional directions to (a) include a statement of intent that the State not be allowed to take gas tax money even in an emergency and (b) request student housing units be included as units in the housing element
PCBSW

42.   Public hearing held to consider proposal to rezone Assessor's Parcel Numbers 089-021-15, 089-021-16 and 089-021-58 from the Special Use (SU) zone district to the Timber Production (TP) zone district. Requires a Rezoning. The properties are located on Hartman Creek Road about 600 feet north of the intersection of Hartman Creek Road and Deer Creek Road, 120 Hartman Creek Road, Boulder Creek; Application Number: 02-0431; Applicant: Cassady Bill Vaughn; Owners: Victor Smith, Ann Schwarzmann and Gary Codiga;

closed public hearing; and

(1) approved the determination that the project is statutorily exempt from the California Environmental Quality Act;

(2) executed the Agreement between the County of Santa Cruz and the property owners, Victor Smith, Ann Schwarzmann and Gary Codiga;

(3) adopted ORDINANCE NO. 4778 amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Number 809-021-15, 089-021-16 and 089-021-58 from the Special Use (SU) zone district to the Timber Production (TP) zone district;

(4) directed the Planning Department to execute and record the Declaration of Restrictions on the property deeds;

(5) directed the Planning Department to update the General Plan Timber Resources Map to include the entire area within the boundaries of pending Assessor's Parcel Number 089-021-015, 089-021-16 and 089-021-58 as Timber Resources;

(6) with an additional direction to correct the documents to show ownership by a trust where appropriate and that the trustees are signing in that capacity
PCBSW

43.   Public hearing held to consider amendments to the Unified Fee Schedule;

closed public hearing; and adopted RESOLUTION NO. 386-2004 revising the Unified Fee Schedule with the amended fees and charges as presented
PCBSW

44.   APPROVED reappointment of Frank W. Capurro to the Pajaro Valley Water Management Agency Board of Directors, pursuant to the provisions of Water Code Appendix Section 124-402, for a term to expire December 1, 2006
PCBSW

44.1.   ADOPTED RESOLUTION NO. 387-2004 Resolution of Intent to Establish County Service Area No. 11, McGregor Community Zone of Benefit (CSA No. 11 "M"); established January 11, 2005 at 9:00 a.m. or thereafter as a public hearing date (which must be not less than 30 nor more than 60 days from the date on which the Board adopts the Resolution of Intent); directed the Clerk of the Board to give appropriate notice of the hearing date; and authorized the Chief Real Property Agent to negotiate an option, for one dollar ($1.00) with the McGregor property owners to secure the County's ability to purchase the McGregor property, upon the tax being approved by the voters of CSA No. 11 "M"; and approved related actions; with an additional direction the issue of a senior exemption to be decided in January 2005
PBCSW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS