Santa Cruz County Board of Supervisors Minutes: 3/15/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 9
Tuesday, March 15, 2005

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 Consent Agenda: Item Nos. 58.1 and 58.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 1, 2005, 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.   REJECTED the claim of Santa Cruz Surf Shop, No. 405-095, and referred to County Counsel

11.   REJECTED the claim of Catherine Breitenstein, No. 405-097, and referred to County Counsel

12.   REJECTED the claim of Jason Muniz, No. 405-098, and referred to County Counsel

13.   REJECTED the claim of Michael Jerry and Bernice Weber, No. 405-100, and referred to County Counsel

14.   REJECTED the claim of Terence F. Leonard, No. 405-101, and referred to County Counsel

15.   REJECTED the claim of City of Santa Cruz, No. 405-102, and referred to County Counsel

16.   REJECTED the claim of Erika Alvarez, No. 405-103, and referred to County Counsel

17.   AUTHORIZED the County Assessor-Recorder to sign a current Agreement with VitalCheck Network, Incorporated to provide copies of Birth and Death Certificates and Marriage Records to members of the public who wish to order these documents on-line using a credit card, as recommended by the County Assessor-Recorder

18.   SCHEDULED a jurisdictional hearing on Tuesday, April 12, 2005 on the morning agenda, at 9:00 a.m. or thereafter, to consider the Planning Commission's denial of the appeal of the Coastal Development Permit for Application No. 04-0116, as recommended by the Clerk of the Board

19.   ACCEPTED AND FILED status report on the Governor's Proposed 2005-06 State Budget and directed the County Administrative Office to return on April 19, 2005 with a further update, as recommended by the County Administrative Officer

20.   ACCEPTED the Simpkins Swim Center and Santa Cruz County Jail Cogeneration projects as completed; approved final cost in the amount of $330,512; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

21.   APPROVED completion of the 1975 Chanticleer Roof Replacement project at 1975 Chanticleer Avenue; approved the final cost in the amount of $15,554; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 56-2005 accepting and appropriating unanticipated revenue from the California Endowment, Health Returns Initiative, and approved related action, as recommended by the Chief Probation Officer

22.1.   AUTHORIZED the Chief Probation Officer to submit a proposal for Title V grant funding and adopted RESOLUTION NO. 57-2005 for the Juvenile Justice Coordinating Council, as recommended by the Chief Probation Officer

23.   AUTHORIZED the Sheriff-Coroner to sign a hold harmless agreement with Salz Tannery for Bomb Team training on April 28, 2005, as recommended by the Sheriff-Coroner

24.   ACCEPTED AND FILED the Treasurer's Cash Report and Investment Transaction report for the month of February 2005, as recommended by the Treasurer-Tax Collector

25.   APPROVED reappointment of First District representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2009, as recommended by Supervisor Beautz

26.   APPROVED reappointment of Toni Campbell to the First 5 Commission for term to expire April 1, 2006, as recommended by Supervisor Beautz

27.   DIRECTED the Chairman to write to the County's federal and state representatives and request that in addition to the items identified in the 2005 County Legislative Program, they also lend support to the items identified in the 2005 Library Legislative Program, as recommended by Supervisors Beautz and Stone

28.   APPROVED reappointment of Dr. Salem Magarian to the First 5 Commission for a term to expire April 1, 2006, as recommended by Supervisor Pirie

29.   APPROVED reappointment of Carole Birndorf to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Pirie

30.   APPROVED reappointment of Second District representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2009, as recommended by Supervisor Pirie

31.   APPROVED reappointment of Marline K. Bushey to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Wormhoudt

32.   APPROVED reappointment of Naomi Brauner to the First 5 Commission for a term to expire April 1, 2006, as recommended by Supervisor Wormhoudt

33.   DIRECTED the Chairman to write to the County's federal representatives regarding the importance of Community Services Block Grant programs, as outlined, as recommended by Supervisor Wormhoudt

34.   CONTINUED TO APRIL 5, 2005 consideration to approve appointment of Matthew Johnston to the Water Advisory Commission for a term to expire April 1, 2009

35.   ADOPTED RESOLUTION NO. 58-2005 opposing Assembly Bill 1397, which would impede local public control of water resources, and approved related action, as recommended by Supervisor Stone

36.   APPROVED reappointment of Bernice Robertson to the Long Term Care Interagency Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

37.   APPROVED appointment of David Lucio to the Latino Affairs Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

38.   APPROVED reappointment of Fifth District representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2009, as recommended by Supervisor Stone

39.   APPROVED reappointment of Leonard G. Rorer to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Stone

40.   APPROVED reappointment of Arcadio Viveros to the First 5 Commission for a term to expire April 1, 2006, as recommended by Supervisor Campos

41.   APPROVED reappointment of Vincent Oviedo to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Campos

42.   ACCEPTED AND FILED annual report of the Water Advisory Commission and approved related action, as recommended by Chairman Campos

43.   ACCEPTED AND FILED annual report of the Integrated Waste Management Local Task Force, as recommended by Chairman Campos

44.   APPROVED reappointment of Dan Reed to the Hazardous Materials Advisory Commission, as an at-large representative of labor, for a term to expire April 1, 2009, as recommended by Chairman Campos

45.   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

46.   APPROVED amendment to agreement with the Santa Cruz AIDS Project increasing the maximum amount by $91,188 to $161,683 for Satellite Syringe Exchangers Project services, as recommended by the Health Services Agency Director

47.   ADOPTED RESOLUTION NO. 59-2005 authorizing participating pharmacies within the unincorporated territory to furnish or sell syringes to individuals 18 years of age or older and authorized the Health Services Agency to implement the local Disease Prevention Demonstration Project, as recommended by the Health Services Agency Director

48.   SEE ITEM NO. 66.1 REGULAR AGENDA

49.   ACCEPTED AND FILED report on options for delivering indigent care, and directed staff to present a more extensive report during budget hearings, 2005, as recommended by the Health Services Agency Director

50.   AUTHORIZED the Human Resources Agency Director to execute a contract with McWilliams Mailliard Technology Group to purchase the Adult Protective Services Automated Tracking System for a cost not-to-exceed $24,000 for fiscal year 2004/2005; and directed the Human Resources Agency Director to include $4,600 in the fiscal year 2005/2006 proposed budget for subscription and license costs for continuous access to the system, as recommended by the Human Resources Agency Director

51.   APPROVED independent contractor agreement with Kestrel Consulting for preparation of an application for water bond grant funds under Proposition 50, for a not-to-exceed amount of $40,518.50; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works and the Director of Environmental Health

52.   SCHEDULED a public hearing on April 12, 2005, on the morning agenda at 9:00 a.m. or thereafter to consider amendments to the County Code governing transportation and installation of replacement mobile homes in mobile home parks, including parking and other standards and exceptions; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

53.   SCHEDULED a public hearing on April 12, 2005, on the morning agenda at 9:00 a.m. or thereafter, to consider amendments to the County Code regarding incentives for historic preservation; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

54.   APPROVED Contract Change order No. 1 in the amount of $20,955.90 for the Sudden Oak Death Hazardous Tree Removal Project - Phase III; authorized the Chairman of the Board to sign the change order on behalf of the County; and approved related action, as recommended by the Director of Public Works

55.   ADOPTED RESOLUTION NO. 60-2005 approving and accepting terms and conditions of contract for right-of-way acquisition for Paulsen Road - Whiting Road Bridge Replacement project; authorized the Director of Public Works to sign contract; and approved payment of claim, as recommended by the Director of Public Works

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ACCEPTED AND FILED report on the Pajaro River Levee Reconstruction project, as recommended by the District Engineer

57.   APPROVED agreement between the County, Loma Prieta Joint Union Elementary School District and the Loma Prieta Community Foundation for improvements to the irrigation system for which the County contribution is $23,000; approved the transfer of funds from the Summit Park Dedication District to make funds available for the project; and authorized the Director of Parks to execute the agreement, as recommended by the Director of Parks, Open Space and Cultural Services

58.   APPROVED appointments of Lee Charter, Tish Miller and Gary Ransome to the Soquel Village Parking and Business Improvement Area Advisory Board for a four year term to expire April of 2009, as recommended by the Redevelopment Agency Administrator

58.1.   ADOPTED RESOLUTION NO. 61-2005 appointing Michele Violich, M.D., Interim County Health Officer from March 26, 2005 through March 31, 2005 and Ira Lubell, M.D., Interim County Health Officer from April 1, 2005 until a permanent County Health Officer is appointed pursuant to Section 101000 of the California Health and Safety Code, as recommended by the Health Services Agency Director

58.2.   ADOPTED RESOLUTION NO. 62-2005 supporting the passage of Assembly Bill 396, as recommended by Supervisor Beautz

59.   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.: Morgan P. v. Pajaro Valley Unified School District, Santa Cruz County Mental Health, Special Education Hearing Office Case No. SN05-00154

Case Name/No.: Mary McConnell v. County of Santa Cruz

Claim No. 5200790

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units and Unrepresented Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

60.   Public hearing held to consider parking maintenance and operating changes for the Soquel Village Parking and Business Improvement 2005/2006 fiscal year;

(1) accepted and filed the Annual Report of the Soquel Village Parking and Business and Improvement Area Advisory Board;

(2) adopted RESOLUTION NO. 63-2005 of Intention to Establish Parking Improvement Charges for the 2005-2006 Fiscal Year;

(3) directed the Clerk of the Board to publish the legal notice of the Resolution of Intention to Establish Parking Improvement Charges for the 2005-2006 fiscal year; and

(4) directed the Redevelopment Agency to provide the participants in the improvement area with legal notice of the Resolution of Intention to Establish Parking Improvement Charges for the 2005-2006 fiscal year
BWPSC

61.   CONSIDERED opposing the appointment of Nancy Drinkard to the California State Board of Forestry;

directed the Chairman to write to the Honorable Don Perata, President pro Tempore of the California State Senate, to oppose the permanent appointment of Nancy Drinkard to the California State Board of Forestry as a Public Member
SBpWc

62.   CONSIDERED ordinance amending Sections 7.69.020 and 7.69.040 of the County Code pertaining to installation of water conservation devices;

(1) approved "in concept" ordinance amending Sections 7.69.020 and 7.69.040 of the County Code pertaining to installation of water conservation devices to return on April 5, 2005 for final adoption;

(2) with additional directions that Public Works return with a periodic report on any problems that may arise and to make the following typographical corrections to the ordinance: add the letter "s" to the end of the word "mean" under Definitions in Section A and add a period after "B" in Section B
WSBPC

63.   CONSIDERED report of the County Administrative Officer on Resolutions of Intention for Community Facilities District No. 1 of the County of Santa Cruz;

(1) adopted RESOLUTION NO. 64-2005 of Intention to Establish Community Facilities District No. 1 and set a public hearing for 7:00 P.M. on April 26, 2005 at the Felton Community Hall, 6191 Highway 9, Felton, California; and

(2) adopted RESOLUTION NO. 65-2005 of Intention to Incur Bonded Indebtedness for the Proposed Community Facilities District
SWBPC

64.   CONSIDERED a resolution of intention to annex the Cities of Scotts Valley, Capitola and Santa Cruz and activate the remaining unincorporated areas and levy a new benefit assessment for the Mosquito and Vector Control County Service Area (CSA) No. 53 and considered related CEQA and other actions;

(1) adopted the Negative Declaration;

(2) adopted RESOLUTION NO. 66-2005 of Application Requesting LAFCO to Take Proceedings for a Sphere of Influence Amendment and the Annexation of Territory to the Mosquito and Vector Control (MVC) County Service Area;

(3) authorized the MVC to pay LAFCO and State Board of Equalization fees;

(4) adopted RESOLUTION NO. 67-2005 of Intention to Levy Assessments, Preliminarily Approving the Engineer's Report, Providing Notice of a Public Hearing on June 21, 2005, and the Mailing of Assessment Ballots;

(5) adopted RESOLUTION NO. 68-2005 accepting and appropriating $65,000 in funds provided by the Cities of Scotts Valley, Capitola and Santa Cruz to pay for the annexation process;

(6) approved request to transfer funds within the MVC budget;

(7) authorized the Agricultural Commissioner to sign an amendment to the Independent Contractor's Agreement dated November 4, 2004 with Shilts Consultants, Inc. for an additional amount not to exceed $86,500 for balloting, first year administration of the assessment and levy administration for the two existing service area assessments; and

(8) accept and filed report
PBWSC

65.   APPROVED appointments to various County advisory bodies, as outlined, as at-large representatives in the categories indicated, for terms to expire April 1, 2009
BPWSC

66.   APPROVED appointment of Larry deGhetaldi, M.D. to the Santa Cruz-Monterey County Managed Medical Care Commission, as an at-large provider representative (physician in private practice), in accordance with County Code Section 7.59.030, for a term to expire April 1, 2009
PBWSC

66.1.   ACCEPTED AND FILED report on the Mental Health Services Act Planning Process and directed the Health Services Agency to return on May 17, 2005, with a further report, as recommended by the Health Services Agency Director
BPWSC

67.   APPROVED reappointment of Rama Khalsa, Cecilia Espinola, and Maria Castro to the First 5 Commission, as at-large representatives pursuant to County Code Section 2.45.030, for terms to expire April 1, 2006
WPBSC

68.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7A, CONDUCTED public hearing, in the Watsonville City Council Chambers, on establishing impervious area fees for the new Zone 7A; closed public hearing; ADOPTED RESOLUTION NO. 1-2005Z7A of the Santa Cruz County Flood Control and Water Conservation District establishing impervious area fees on new construction within Zone 7A of the District; directed the Planning Department to begin collecting impervious area fees on all applications received on or after May 16, 2005, prior to the issuance of a building permit for new construction within the boundary of Drainage Zone 7A; directed Public Works to begin collecting the impervious area fees on all applications for land divisions or subdivisions within Drainage Zone 7A received on or after May 16, 2005, prior to recordation of the map; and directed the Clerk of the Board to include these fees in the Unified Fee Schedule, as recommended by the District Engineer
BWPSC

69.   AS THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS, presentation made in the Watsonville City Council Chambers honoring the Watsonville High School Boys Soccer Team in recognition of their successful 2004-2005 season

70.   THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, convened and carried out a regularly scheduled meeting in the Watsonville City Council Chambers

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS