Santa Cruz County Board of Supervisors Minutes: 4/5/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 10
Tuesday, April 5, 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.		Deleted from Item No. 54: Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Initiation of litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case
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 8, 2005 and March 15, 2005, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 10, 2005 through March 30, 2005 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. 4781 Amending Sections 7.69.020 and 7.69.040 of the Santa Cruz County Code Relating to Exemptions from the Requirement for the Installation of a Water Conservation Device

11.   REJECTED the claim of Mari De Noon, No. 405-105, and referred to County Counsel

12.   REJECTED the claim of Allstate Insurance for Stephanie Groux, No. 405-106, and referred to County Counsel

13.   APPROVED transfer of $60,000 from Salaries and Benefits to Services and Supplies and increased the agreement with Westridge 125 LLC by $5,000, as recommended by the Director of Child Support Services

14.   SEE ITEM NO. 57.3 REGULAR AGENDA

15.   ACCEPTED AND FILED status report on the Emergency Response Fee and directed the Emergency Services Administrator and Treasurer Tax Collector to return during Budget Hearings with a further report and recommendations, as recommended by the Emergency Services Administrator and Treasurer-Tax Collector

16.   AUTHORIZED the Information Services Department Director to sign an amendment with CMS Communications, Incorporated for telecommunication services, as recommended by the Director of Information Services

17.   ADOPTED RESOLUTION NO. 71-2005 determining industrial disability retirement for safety member, as recommended by the Personnel Director

18.   APPROVED agreement extending the Correction Officers Memorandum of Understanding; adopted RESOLUTION NO. 69-2005 Effectuating Change in the County Contribution for Health Benefits for Sheriff's Correctional Officer Unit; adopted RESOLUTION NO. 70-2005 Electing to be Subject to Public Employees' Medical and Hospital Care Act Only with Respect to Members of a Specific Employee Organization and Fixing the Employer's Contribution for Employees and the Employer's Contribution for Annuitants at Different Amounts; and approved related action, as recommended by the Director of Personnel

19.   AUTHORIZED the Sheriff-Coroner to apply for the Edward Byrne Memorial Justice Assistance Grant and enter into an inter-local agreement with the City of Santa Cruz; adopted RESOLUTION NO. 72-2005 accepting and appropriating $37,417 in unanticipated revenue; requested the Auditor-Controller to create a Byrne/JAG Trust fund account; and approved purchase of various fixed assets, as recommended by the Sheriff-Coroner

20.   APPROVED gross pay adjustment in the amount of $1,070.90, as recommended by the Sheriff-Coroner

21.   ADOPTED RESOLUTION NO. 73-2005 in opposition to Assembly Bill 1248 to essentially eliminate booking fees and approved related actions, as recommended by the Sheriff-Coroner

22.   APPROVED an offer from K-Mart Corporation for settlement of secured and unsecured property taxes, interest and penalties in the amount of $74,928.06, and approved related actions; with an additional direction that the County Administrative Officer report back on April 19, 2005 on the untimely filing of this claim and what can be done to prevent late filing from happening in the future

23.   APPROVED appointment of Carol Hamilton Monkerud to the Water Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

24.   ADOPTED RESOLUTION NO. 74-2005 approving the creation of a Victim's Memorial Sign Program in Santa Cruz County and approved related actions, as recommended by Supervisor Pirie

24.1.   ADOPTED RESOLUTION NO. 75-2005 urging passage of Senate Bill 523, as recommended by Supervisor Pirie and the Treasurer-Tax Collector

25.   APPROVED appointment of Deborah Christie to the Women's Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

26.   APPROVED appointment of Matthew Johnston to the Water Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

27.   ACCEPTED AND FILED annual report of the Emergency Management Council, and approved related action, as recommended by Chairman Campos

28.   SEE ITEM NO. 57.2 REGULAR AGENDA

29.   ACCEPTED notification of two at-large vacancies on the Domestic Violence Commission, one each in the categories of representative of the gay/lesbian/bisexual community and representative of the Latino community, with nominations for appointment to be received on April 19, 2005, and final appointment to be made April 26, 2005, as recommended by Chairman Campos

30.   APPROVED appointment of Norm Hagen to the In-Home Supportive Services Advisory Commission, as an at-large representative of a county advisory body or representative of county staff, for a term to expire April 1, 2009, as recommended by Chairman Campos

31.   ACCEPTED notification of at-large vacancy on the Workforce Investment Board, for a representative of business, with nominations for appointment to be received on April 19, 2005, and final appointment to be made April 26, 2005, as recommended by Chairman Campos

32.   APPROVED reappointment of Gillian Greensite to the Domestic Violence Commission for a term to expire April 1, 2009, as recommended by Chairman Campos

33.   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

34.   ADOPTED RESOLUTION NO. 76-2005 accepting and appropriating unanticipated funds in the amount of $24,102 and approved the fixed asset purchases of two scoring scanners, and LCD projector and a check folder and sealer to implement new federal program requirements, at no additional cost to the County, as recommended by the Human Resources Agency Director

35.   AUTHORIZED the In-Home Supportive Services Public Authority to enter into a pilot project with Senior Network Services to provide registry services and directed the Human Resources Agency Director to report back during budget hearings on the status of the pilot project, as recommended by the Human Resources Agency Director

36.   SCHEDULED a public hearing on Tuesday, April 26, 2005, on the morning agenda at 9:00 a.m. or thereafter to consider extension of interim ordinance regarding conversion of non-residential land to residential uses and directed Clerk of the Board to take related action, as recommended by the Planning Director

37.   SCHEDULED a public hearing on Tuesday, April 26, 2005, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application No. 03-0385 (Weaver for Ellis), a Rezoning and General Plan Amendment, Lot line Adjustment, and Minor Land Division, and directed Clerk of the Board to take related actions, as recommended by the Planning Director

38.   APPROVED transfer of appropriations to complete the final phase of consolidating the Housing function in the Planning Department, as recommended by the Planning Director

39.   ACCEPTED AND FILED report on proposed revisions to the County's Primary Groundwater Recharge Maps and approved related actions, as recommended by the Planning Director

40.   ADOPTED RESOLUTION NO. 77-2005 of intention to initiate amendment of the sphere of influence and annexation of a certain area of the unincorporated territory of Santa Cruz County into County Service Area No. 13, Hutchinson Road; and directed the Department of Public Works to submit the required application to the Local Agency Formation Commission for approval, as recommended by the Director of Public Works

41.   APPROVED amendment to agreement with Confluence-Watershed Restoration & Landscaping Specialist in the increased amount of $25,000 for a total not-to-exceed amount of $50,000 per fiscal year for revegetation and maintenance services for various Public Works projects, and authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

42.   ACCEPTED improvement for the Gross Road Improvements-Coffee Lane to Capitola City Limit project; approved final cost in the amount of $918,539.20; and directed Clerk of the Board to take related action, as recommended by the Director of Public Works

43.   APPROVED proposed projects for submittal under the Hazard Elimination and Safety (HES) program; and adopted RESOLUTION NO. 78-2005 approving the filing of applications for the projects proposed for the HES program and authorizing the Director of Public Works to sign and submit all documents which may be necessary for the completion of the project, as recommended by the Director of Public Works

44.   APPROVED contract Change Order No. 6 for a total not-to-exceed amount of $340,000 for the Harkins Slough Road Bridge at West Branch of Struve Slough project; approved amendment to agreement with 123 Engineering Incorporated for additional construction management and inspection services by approving the rate schedule dated January 11, 2005, and increasing the compensation by $99,917.02 for a not-to-exceed total of $594,793.82; adopted RESOLUTION NO. 79-2005 accepting and appropriating unanticipated revenue in the amount of $503,736 from the Federal Highway Bridge Replacement and Rehabilitation Program; authorized the Chairperson of the Board to sign the contract Change Order on behalf of the County; and directed Clerk of the Board to take related action, as recommended by the Director of Public Works

45.   ADOPTED RESOLUTION NO. 80-2005 of intention to initiate annexation of a certain area of the unincorporated territory of Santa Cruz County into County Service Area (CSA) No. 23, Old Ranch Road; directed the Department of Public Works to work with the Local Agency Formation Commission to submit the required application for its approval; and waived the protest proceedings for the proposed annexation on the condition that the Local Agency Formation Commission obtains a petition signed by all affected property owners expressly consenting to the imposition of the existing CSA No. 23, Old Ranch Road, Zone 1 assessment in the amount of $180, as recommended by the Director of Public Works

46.   APPROVED termination of the agreement between the County of Santa Cruz and the Salsipuedes Sanitary District, as of June 30, 2005, and authorized the Director of Public Works to sign and mail the agreement termination letter; with additional directions to delete the words "the attached" in the last sentence of the staff recommendation; and that staff work with County Counsel on appropriately characterizing the agreement termination letter

47.   ADOPTED RESOLUTION NO. 81-2005 continuing the public hearing set for April 26, 2005, to May 24, 2005 at 9:00 a.m. or thereafter, as the date and time for a public hearing for County Service Area No. 7, Boulder Creek Country Club for the proposed 2005/06 sewer service fees; approved the notice of public hearing; and directed Clerk of the Board to take related action, as recommended by the Director of Public Works

48.   AUTHORIZED the Clerk of the Board to make a partial release of Faithful Performance Security submitted for Tract 1424, Harbor Beach Homes in the amount of $145,000; with additional direction that agenda items include the address or a map that shows the location

49.   APPROVED Federal Apportionment Exchange Program and State Match Program Agreement; adopted RESOLUTION NO. 82-2005 accepting revenue in the amount of $324,813; authorized the Chairperson of the Board to sign the agreement; and directed Clerk of the Board to take related actions, as recommended by the Director of Public Works

50.   APPROVED Program Supplement for $304,000 in revenue for the Paulsen Road-Whiting Road Bridge Replacement project; adopted RESOLUTION NO. 83-2005 authorizing execution of an agreement between the State of California and the County of Santa Cruz for preliminary engineering and environmental studies; 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 actions, as recommended by the Director of Public Works

51.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED amendment to agreement with Sala Brothers Water Trucking, Incorporated by increasing the contract amount by $59,112 for a total not-to-exceed amount of $84,112 for hauling potable water to the Davenport Water Treatment Plant; approved transfer of funds; and authorized the District Engineer to sign the agreement on behalf of the County, as recommended by the District Engineer

52.   APPROVED the concept of entering a display at the State Fair pending a successful fund raising effort by Ms. Schumacher; directed the Chair of the Board to sign the 2005 Counties Exhibit Form; and directed the Director of Parks, Open Space and Cultural Services to serve as the County's liaison with Ms. Schumacher and provide the necessary paperwork and assistance for the 2005 State Fair Display, as recommended by the Director of Parks, Open Space and Cultural Services

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED transfer of appropriations in the Redevelopment Agency's Housing Administration Budget to complete the final phase of consolidating Housing functions in the Planning Department, as recommended by the Redevelopment Agency Administrator

53.1.   ADOPTED RESOLUTION NO. 84-2005 consummating the transfer of the Saratoga Toll Road property to the State of California and authorized the Chairperson of the Board to sign the quitclaim deed, as recommended by the Director of Public Works

54.   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.: James Cunningham v. County of Santa Cruz, et al.

Santa Cruz County Superior Court Case No. 148226

Case Name/No.: Sharon Bozzie v. County of Santa Cruz

Workers Compensation Appeals Board No. SAL 103264

Case Name/No.: Henry Lira v. County of Santa Cruz

Workers Compensation Appeals Board No. SAL 108060

Case Name/No.: Todd Phillips v. County of Santa Cruz

Workers Compensation Appeals Board No. SAL 0110158

Claim Name/No.: Joseph Flores v. County of Santa Cruz

Claim No. 2004098271

Claim Name/No.: William Hansen v. County of Santa Cruz

Claim No. 2003084954

Claim Name/No.: Kim Gray v. County of Santa Cruz

Claim No. 2004098286

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

55.   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

56.   Public hearing held on the proposed 2005/06 benefit assessments for County Service Area No. 59, McGaffigan Mill Road;

(1) opened public hearing, to hear objections or protests, to the proposed County Service Area (CSA) No. 59, McGaffigan Mill Road 2005/06 Benefit Assessment;

(2) requested submittal of ballots for CSA No. 59, McGaffigan Mill Road 2005/06 assessments;

(3) closed the public testimony portion of the public hearing;

(4) and continued the public hearing to April 26, 2005 to allow for tabulation and certification of the ballots
WPBSC

57.   Jurisdictional hearing held to consider Planning Commission denial of Application No. 00-0143, a proposal by Steve Carmichael to grade approximately 2,300 cubic yards of earth in order to improve access and construct a single family dwelling and appurtenant structures on Assessor's Parcel No. 040-081-06, 07, and 08; property is located immediately to the west and north of the Vienna Woods neighborhood, approximately 150 feet from Danube Drive in Aptos;

The Board of Supervisors declined to take jurisdiction on Application No. 00-0143 and let the Planning Commission's decision stand
PWBSC

57.1.   CONSIDERED adoption of a resolution appointing the statutory responsibilities of the County Health Officer to Poki S. Namkung, MD, M.P.H., pursuant to Section 101000 of the Health and Safety Code;

ADOPTED RESOLUTION NO. 85-2005 appointing Poki S. Namkung, MD, M.P.H., as the County Health Officer, pursuant to Section 101000 of the Health and Safety Code
WPBSC

57.2.   ENDORSED the goals of the Go for Health! plan, directed County staff to participate in planning efforts towards implementation of the Go for Health! plan, as outlined, and approved related action; deleted recommendation No. 3, requesting that the Sheriff consider assigning staff to assist in this effort
WBPSC

57.3.   AUTHORIZED the Emergency Services Administrator to submit the 2005 Homeland Security Grant application for a total of $791,055, as recommended by the Emergency Services Administrator
WPBSC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS