Santa Cruz County Board of Supervisors Minutes: 5/24/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 16
Tuesday, May 24, 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.		Deletions to Regular Agenda: Item No. 44
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - 16 people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of May 12, 2005 through May 18, 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.   REJECTED claim of Catharine Reading, No. 405-117 and referred to County Counsel

11.   REJECTED claim of D. Roger Etcetera, No. 405-118 and referred to County Counsel

12.   ADOPTED RESOLUTION NO. 157-2005 scheduling a public hearing on Tuesday, June 14, 2005, at 9:00 a.m. or thereafter on the proposed 2005/2006 Assessment Rate Report for Mosquito Abatement/Vector Control, County Service Area No. 53; and directed the Clerk of the Board to take related action, as recommended by the Agricultural Commissioner

13.   ADOPTED RESOLUTION NO. 158-2005 scheduling a public hearing on Tuesday, June 14, 2005 at 9:00 a.m. or thereafter on the proposed 2005/2006 Benefit Assessment Rate Report for Mosquito and Disease Control Assessment District, County Service Area No. 53; adopted RESOLUTION NO. 159-2005 Confirming Previously Established Benefit Assessment for Mosquito and Disease Control Assessment District; and directed the Clerk of the Board to take related action, as recommended by the Agricultural Commissioner

14.   APPROVED a three year contract with Bartig, Basler and Ray in the amount of $207,200; and authorized the Auditor-Controller to sign the contract, as recommended by the Auditor-Controller

15.   APPROVED AB 2766 grant application to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) in the amount of $200,000 for the Watsonville Superior Court Relocation Project based on the reduction in vehicular trips and vehicular emissions that will result from the relocation of court services to the South County area and approved related action, as recommended by the County Administrative Officer

16.   APPROVED amendment to the Memorandum of Understanding (MOU) between the Santa Cruz/San Benito Regional Department of Child Support Services extending the date; and authorized the County Administrative Officer to sign MOU on behalf of the County, as recommended by the Director of Child Support Services

17.   APPROVED Independent Contractor Agreement with Axiom Engineers for mechanical and electrical engineering and structural design services for the Sheriff's Patrol Room Ventilation Project; adopted RESOLUTION NO. 160-2005 accepting and appropriating unanticipated revenue in the amount of $15,400 from the Sheriff's Asset Forfeiture Fund; and approved related actions, as recommended by the Director of General Services

18.   APPROVED appointment of Scott MacDonald to the Domestic Violence Commission, as the designee of the Chief Probation Officer, as recommended by Chairman Campos

19.   ACCEPTED notification of at-large vacancy on the In-Home Supportive Services Advisory Commission, for a representative in the category of "current or former provider representing the independent provider mode of service delivery," with nominations for appointment to be received on June 7, 2005, and final appointment to be made June 14, 2005, as recommended by Chairman Campos

20.   ACCEPTED notification of vacancy on the Managed Medical Care Commission, for an at-large representative of hospitals, with nomination for appointment to be received on June 7, 2005, and final appointment to be made June 14, 2005, as recommended by Chairman Campos

21.   CONTINUED TO JUNE 7, 2005 consideration to direct the County Administrative Officer to coordinate with County staff and provide a report to the Board on January 10, 2006, regarding the County's efforts to respond to the increasing need for probate/conservatorship assistance

21.1.   AUTHORIZED the Auditor-Controller and County Administrative Officer to proceed with necessary actions to secure the 2005-06 Tax and Revenue Anticipation Notes in an amount not-to-exceed $50 million, with a report back during Budget Hearings, as recommended by the Auditor-Controller

21.2.   APPROVED appointment of Jill Hitchman to the Women's Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

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.   ADOPTED RESOLUTION NO. 161-2005 setting a public hearing for June 14, 2005, at 9:00 a.m. or thereafter, on the proposed benefit assessments/service charges and the proposed 2005-2006 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

24.   ACCEPTED AND FILED report on the Mental Health Services Act Planning Process (Proposition 63) and directed the Health Services Agency to provide a further supplemental budget report on this matter, as recommended by the Health Services Agency Director

25.   ACCEPTED AND FILED the 2004-2005 annual report on Community Programs; and directed the Human Resources Agency Director to return with a further report and recommendations on outcomes reporting for Community Programs and other non-profit contractors on or before November 22, 2005, as recommended by the Human Resources Agency Director

26.   AUTHORIZED the Human Resources Agency Director to sign the HUD application for Continuum of Care Homeless Assistance funds and directed the Human Resources Agency Director to return on or before June 21, 2005, with a status report on the application, as recommended by the Human Resources Agency Director

27.   AUTHORIZED the Human Resources Agency, working with the Auditor-Controller's Office, to take the necessary actions to accept sponsorship payments related to a Workforce Investment Board (WIB) Awards event and to authorize the WIB, through the Human Resources Agency, to make use of any excess revenues generated, as recommended by the Human Resources Agency Director

28.   APPROVED allocations for enhancement projects endorsed by the County Fish and Game Advisory Commission in the amount of $19,480 and approved related actions, as recommended by the Planning Director

29.   ACCEPTED AND FILED report on the status of second units, as recommended by the Planning Director

30.   DIRECTED the Planning Department to prepare and process ordinance amendments to the recreational vehicle ordinance and approved related actions, as recommended by the Planning Director

30.1.   AUTHORIZED the Planning Director to sign a contract with Naffa International in the amount of $20,000 for outside technical services, as recommended by the Planning Director

31.   ADOPTED RESOLUTION NO. 162-2005 for right-of-way acquisition for the Kinsley Street Improvement project - 17th Avenue to Lisa Lane; authorized the Director of Public Works to sign the agreements on behalf of the County; and approved payment of claims, as recommended by the Director of Public Works

32.   APPROVED specifications and engineer's estimate and authorized calling for bids for the Davenport Underground Utility Project; set the bid opening for 2:30 p.m. on June 9, 2005, in the Department of Public Works; directed Public Works to return on or before June 21, 2005, with a recommendation for award of contract, and approved related action; with an additional direction that staff provide a report to Supervisor Wormhoudt on what options if any for dealing with the properties excluded from the Davenport Underground Utility project

33.   ADOPTED RESOLUTION NO. 163-2005 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, administering agency applicant to execute and submit all documents for the subject program, as recommended by the Director of Public Works

34.   ADOPTED RESOLUTION NO. 164-2005 supporting Assembly Constitutional Amendment No. 13 exempting fees and charges for flood control, and authorized the Chairman of the Board of Supervisors to transmit the resolution in support of ACA 13 to Assembly member Harman, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 165-2005 authorizing the Cultural Council of Santa Cruz County to be the designated representative to the California Arts Council, as recommended by the Director of Parks, Open Space and Cultural Services

36.   APPROVED the final payment of $2,700 to the YWCA of Watsonville for the prior year summer recreation program for June 20 through August 20, 2003, as recommended by the Director of Parks, Open Space and Cultural Services

37.   APPROVED the terms of the lease amendment with the County Office of Education for use of a portion of Highlands County Park and authorized the Director of Parks, Open Space and Cultural Services to execute the amendment on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

38.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $7,040 for the second annual Pleasure Point Vintage Faire and promotional banners and approved related actions, as recommended by the Redevelopment Agency Administrator

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency financing for acquisition of necessary easements for the Kinsley Street Improvement Project in the amount of $73,650 and approved related actions, as recommended by the Redevelopment Agency Administrator

39.1.   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

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

40.   Public hearing held regarding County Service Area No. 7, Boulder Creek's proposed 2005/06 increase in sewer service fees;

(1) opened public hearing to hear objections, to the proposed County Service Area No. 7, Boulder Creek sewer service charges;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 166-2005 Establishing Service Charges for County Service Area No. 7, Boulder Creek;

(4) ADOPTED RESOLUTION NO. 167-2005 setting June 14, 2005, at 9:00 a.m. or thereafter as the date and time for a public hearing to confirm the service charge reports;

(5) 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;

(6) with an additional direction that Public Works provide monthly reporting on the expenditures and continue to work with the community on the accounting structure
SPBWC

41.   CONTINUED TO JUNE 14, 2005 consideration of request to the University of California at Santa Cruz Cooperative Extension to create a Department Advisory Group on Genetically Modified Crops
PWBSC

42.   CONSIDERED amendments to the Grading Ordinance (Chapter 16.20) and the Riparian Corridor and Wetland Protection Ordinance (Chapter 16.30) to exempt flood control-related levee maintenance work on the Pajaro River and Salsipuedes Creek;

(1) conducted a hearing on the proposed ordinance changes;

(2) approved the Negative Declaration for these amendments (Attachment 3);

(3) and approved "in concept" the amendments to the Grading Ordinance (Chapter 16.20) and Riparian Corridor and Wetland Protection Ordinance (Chapter 16.30) exempting flood control-related levee maintenance, outside the Coastal Zone, of the Pajaro River and Salsipuedes Creek and directed the Clerk of the Board to place the ordinance on the June 7, 2005 agenda for final adoption (Attachment 2)
WPBSC

43.   CONSIDERED proposed ordinance amending Subsection (C)(2) of Chapter 2.84.050 of the Santa Cruz County Code relating to the Alcoholism and Drug Abuse Commission's quorum requirements;

approved "in concept" ordinance amending Subsection (C)(2) of Section 2.84.050 of the Santa Cruz County Code relating to the Alcoholism and Drug Abuse Commission's quorum requirements and return on June 7, 2005 for final adoption

PBWSC

44.   DELETED ITEM

45.   CONSIDERED accepting site improvements for Tract 1447, Greystone Subdivision as complete, in accordance with previously approved plans, along with a related ordinance amending County Code Section 9.28.030 Multi-Way Stop Intersections for installation of three-way stop intersection at Greystone Court and Mattison Lane and considered related actions;

(1) accepted the subdivision site improvements as completed in accordance with previously approved plans;

(2) ADOPTED RESOLUTION NO. 168-2005 Accepting Greystone Court into the County Maintained Road System;

(3) ADOPTED RESOLUTION NO. 169-2005 to Abandon Offer of Dedication of previously offered easements to the County;

(4) directed the Clerk of the Board to return certified copies of the resolutions to Public Works Real Property for recordation;

(5) approved "in concept" ordinance Amending Chapter 9.28 of the Santa Cruz County Code and return on June 7, 2005 for final adoption;

(6) directed the Clerk of the Board to release the Faithful Performance Security and retain sufficient funds from the Faithful Performance Security to provide for the Guarantee, Warranty, and Maintenance of Work Security; with a further direction to insert language to read: "directed the Clerk of the Board to release the Faithful Performance Security contingent upon receipt of an $8,000 deposit from the developer for the installation of up to four speed bumps, subject to the receipt of a successful petition from the neighborhood and retain sufficient funds from the Faithful Performance Security to provide for the Guarantee, Warranty, and Maintenance of Work Security";

(7) If, at the end of three months, a search of the records by the Auditor-Controller's Office reveals no posted liens against the project, authorized the Clerk of the Board to release the Labor and Materials Security. The Guarantee, Warranty, and Maintenance of Work Security will be released at the end of twelve months provided there are no problems with the improvements
BPWSC

Written Correspondence

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS