Santa Cruz County Board of Supervisors Minutes: 6/7/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 17
Tuesday, June 7, 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.		Roll Call
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to Consent Agenda: Item Nos. 52.1 and 52.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 17, 2005 and May 24, 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.   ADOPTED ORDINANCE NO. 4790 Amending Sections 16.20.055 and 16.30.050 of the Santa Cruz County Code by Adding Exemptions for Flood Control Related Levee Maintenance of the Pajaro River and Salsipuedes Creek

11.   ADOPTED ORDINANCE NO. 4791 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 Requirement

12.   ADOPTED ORDINANCE NO. 4792 Amending Chapter 9.28.030 of the Santa Cruz County Code Relating to Designation of Multi-Way Stop Intersections

13.   REJECTED the claim of Cliff Evans, No. 405-123, and referred to County Counsel

14.   REJECTED the claim of Jose Politron and Maria Mendez, No. 405-124, and referred to County Counsel

15.   REJECTED the application to file a late claim on behalf of Patrick Manwarren, No. 405-122, and referred to County Counsel

16.   REJECTED the application to file a late claim on behalf of Jeanell Martin, No. 405-121, and referred to County Counsel

17.   ADOPTED RESOLUTION NO. 170-2005 implementing Provisions of Section 42649.5 of the Education Code to transfer certain fiscal functions to the Superintendent of Education and authorized the County Auditor to implement these changes with the Office of Education on or before July 1, 2005, as recommended by the Auditor-Controller

18.   SEE ITEM NO. 59.2 REGULAR AGENDA

19.   ACCEPTED AND FILED Volume II, Departmental Line Item Budget Detail, for the 2005/2006 Proposed Budget, as recommended by the County Administrative Officer

20.   ADOPTED RESOLUTION NO. 171-2005 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 898, Sand Dollar/Linda Vista Annexation to Soquel Creek Water District, as recommended by the County Administrative Officer

21.   SCHEDULED a public hearing on June 21, 2005 at 9:00 a.m. or thereafter concerning the issuance of tax exempt obligations in an amount not-to-exceed $310,000,000 by the California Statewide Communities Development Authority for the benefit of Sutter Health; and scheduled a public hearing on June 21, 2005 at 9:00 a.m. or thereafter concerning the issuance of tax exempt obligations in an amount not-to-exceed $4,000,000 by the California Statewide Communities Development Authority for the benefit of the Hanuman Fellowship (Mount Madonna School), as recommended by the County Administrative Officer

22.   AUTHORIZED emergency roof repair on the County facility at 9 Crestview in Watsonville at a cost of $11,400; adopted RESOLUTION NO. 172-2005 accepting and appropriating $11,400 in unanticipated revenue; and approved related actions, as recommended by the Director of General Services

23.   APPROVED plans and specifications for the Courts Tech Offices Remodel project; directed the General Services Department to advertise for bids; and set the bid opening for 10:00 a.m. on June 20, 2005 in the General Services Department, as recommended by the Director of General Services

24.   APPROVED the Lease Agreement with the Local Agency Formation Commission for office space in the Government Center; and authorized the General Services Director to sign the agreement on behalf of the Board, as recommended by the Director of General Services

25.   AUTHORIZED the Chief Probation Officer to sign an amendment to the agreement with the Community Action Board increasing the contract amount to $17,840 and approved related actions, as recommended by the Chief Probation Officer

26.   AUTHORIZED the Sheriff-Coroner to sign the hold harmless agreement with Skillicorn Ranch for special teams training to be held July 27, 2005, as recommended by the Sheriff-Coroner

27.   SEE ITEM NO. 59.3 REGULAR AGENDA

28.   ACCEPTED nomination of Kelly Duffin for appointment to the Managed Medical Care Commission, as an at-large representative of hospitals, for a term to expire April 1, 2007, with final appointment to be made June 14, 2005, as recommended by Supervisor Stone

29.   DIRECTED 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, as recommended by Chairman Campos

30.   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

31.   AUTHORIZED the Health Services Agency to submit an application for continuation funding in the amount of $100,974 for the Title II CARE Act Program for fiscal year 2005/2006 as well as an application in the amount of $101,477 for the Housing Opportunities for People with AIDS program for fiscal year 2005/2006; approved amendment to agreement with the Santa Cruz AIDS Project to increase the maximum amount by $24,522 and extend the term to June 30, 2005 for AIDS program services; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

32.   ADOPTED RESOLUTION NO. 173-2005 accepting and appropriating $50,000 in grant funds into the Health Services Agency budget; approved the new agreement with Pacific Health Consulting Group in the amount of $35,000 for actuarial, audit, and financial analysis services for the Step-by-Step grant, effective May 1, 2005; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

33.   ADOPTED RESOLUTION NO. 174-2005 accepting and appropriating $48,500 in unanticipated federal revenue into the Health Services Agency Mental Health budget and approved amendments to agreements with the Santa Cruz Community Counseling Center, Front Street, and the Volunteer Center to increase their maximum contracts for various mental health services, as recommended by the Health Services Agency Director

34.   ADOPTED RESOLUTION NO. 175-2005 accepting and appropriating unanticipated revenue in the amount of $479,193 and authorized the Human Resources Agency Director to execute a contract amendment with First Data Government Solutions, Incorporated to increase the total contract cost from $881,790 to $1,360,983 and extend the contract term through October 31, 2005 for additional CalWin system support services, as recommended by the Human Resources Agency Director

35.   DEFERRED update on the Housing and Urban Development funded single room occupancy project until June 21, 2005, as recommended by the Planning Director, Human Resources Agency and Health Services Agency Directors

36.   ADOPTED RESOLUTION NO. 176-2005 accepting a grant in the amount of $5,000 from the Department of Fish and Game for reimbursement of costs related to participation in the oil spill planning process, authorized the Planning Director to execute the grant agreement on behalf of the County, and approved related actions, as recommended by the Planning Director

37.   SEE ITEM NO. 59.1 REGULAR AGENDA

38.   ACCEPTED improvement for the 2003 Overlay project on various roads throughout the county; approved final cost in the amount of $552,169.85; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

39.   ADOPTED RESOLUTION NO. 177-2005 accepting and appropriating unanticipated revenue in the amount of $24,000 for the Paulsen Road-Whiting Road Bridge Replacement project over Green Valley Creek; approved amendment to agreement with Quincy Engineering, Incorporated increasing the amount by $19,000 for a not-to-exceed amount of $339,270 and amending the Scope of Work; and authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

40.   ACCEPTED improvement for the Ridge Drive Drainage Improvement project, County Service Area No. 58 (5th District); approved final cost in the amount of $26,662.14; and approved related action, as recommended by the Director of Public Works

41.   APPROVED amendment to agreement with Republic Electric amending the list of maintained traffic signals, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

42.   APPROVED the 4th of July beach access road closures and directed the Public Works Department to provide and assist the California Highway Patrol and Sheriff's Office with road closure barricades and detour signs, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 178-2005 for right-of-way acquisitions for the Portola Drive Improvement Project - 24th Avenue to 26th Avenue; authorized the Director of Public Works to sign the agreements on behalf of the County; approved payment of claims; and approved related action, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 179-2005 for right-of-way acquisition for the Soquel Avenue Sidewalk Infill project; authorized the Director of Public Works to sign the agreement; approved payment of claim; and approved related action, as recommended by the Director of Public Works

45.   ACCEPTED AND FILED report on the Integrated Watershed Restoration Program (IWRP) project; approved related design and permitting agreements with the Santa Cruz County Resource Conservation District; authorized the Director of Public Works to sign the agreements on behalf of the County; and directed Public Works to return to the Board on or before December 6, 2005 to report on Public Works' progress in engineering the IWRP projects, as recommended by the Director of Public Works

46.   ACCEPTED low bid from McGuire and Hester of Oakland in the amount of $576,470 for the Portola Drive Improvements, 24th Avenue to 26th Avenue project; authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County; and approved related action, as recommended by the Director of Public Works

47.   APPROVED progress payment in the amount of $32,084.62 for the McGaffigan Mill Road Bridge Replacement project, County Service Area No. 59 (5th District), for the modified payment for the bridge deck concrete; and approved related actions, as recommended by the Director of Public Works

48.   APPROVED conceptual design of the 2005 Santa Cruz County State Fair Display; approved 2005 Santa Cruz County State Fair exhibit Title and Statement of Purpose; and commended Ms. Schumacher for her efforts on behalf of the County of Santa Cruz for the 2005 State Fair Display; with an additional direction the conceptual design of the 2005 Santa Cruz County State Fair Display be referred to the Arts Commission for review

49.   APPROVED the Memorandum of Understanding (MOU) with the Boys and Girls Club for operation of the Shoreline Teen Program and authorized the Parks Director to sign the agreement on behalf of the Board, as recommended by the Director of Parks, Open Space and Cultural Services

49.1.   ADOPTED RESOLUTION NO. 180-2005 scheduling a public hearing on Tuesday, August 2, 2005, on the morning agenda at 9:00 a.m. or thereafter on the benefit assessment/service charge report for County Service Area 9E, Streetscape Maintenance and directed the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator

50.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing for the right-of-entry agreement in the amount of $250 for the Soquel Avenue Sidewalk Infill project (between 7th Avenue and Soquel Drive) and approved related actions, as recommended by the Redevelopment Agency Administrator

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing for right-of-entry agreements in the amount of $1,000 for the Portola Drive Improvements project (24th to 26th Avenues) and approved related actions, as recommended by the Redevelopment Agency Administrator

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 181-2005 accepting and appropriating unanticipated revenue totaling $245,000 from the Redevelopment Agency Capital Projects Bond Proceeds Reserve; approved Agency funds totaling $751,664 for the cost of the construction contract, inspection services, survey, overhead, and contingency for the Portola Drive Improvement project (24th to 26th Avenues); and approved related actions, as recommended by the Redevelopment Agency Administrator

52.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on affordable housing financing, as recommended by the Planning Director

52.2.   APPROVED appointment of Patrice Ballou to the Lompico County Water District Board of Directors, pursuant to Government Code Section 1789(b), for the balance of the unexpired term, as recommended by Supervisor Stone

53.   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.: Kevin McCarthy v. County of Santa Cruz

Workers Compensation Appeals Board Case No. SAL 104190

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

REPORT OF COUNTY COUNSEL - The Board, by unanimous vote, authorized the Office of the County Counsel to appeal from Regional Water Quality Water Board decision Order Number R3-2005-0044 (Arthur Wilson Quarry) to the State Water Resources Control Board regarding the discharge application of Granite Rock Company, Incorporated
BPWSC

REGULAR AGENDA

54.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held on 2005/2006 Davenport County Sanitation District sewer and water service charge report;

(1) closed public hearing; and

(2) ADOPTED RESOLUTION NO. 182-2005 confirming the 2005/2006 sewer and water service charge report for Davenport County Sanitation District
PWBSC

55.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on 2005/2006 Freedom County Sanitation District sewer service charge report;

(1) closed public hearing; and

(2) ADOPTED RESOLUTION NO. 183-2005 confirming the 2005/2006 sewer service charge report for the Freedom County Sanitation District
WPBSC

56.   Public hearing held on proposed 2005/2006 sewer and miscellaneous service charge reports for Sanitation County Service Area (CSA ) No. 2, Place De Mer; CSA No. 5, Sand Dollar Beach and Canon Del Sol; CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach;

(1) closed public hearing; and

(2) ADOPTED RESOLUTION NO. 184-2005 confirming the service charge report for CSA No. 2, Place De Mer; CSA No. 5, Sand Dollar Beach and Canon Del Sol; CSA No. 10, Rolling woods; and CSA No. 20, Trestle Beach
WPBSC

57.   Public hearing held to consider adoption of the Housing Element of the General Plan; closed public hearing;

(1) considered public input as part of the Public Hearing;

(2) approved the Negative Declaration for the Housing Element (attachment 3) and instructed the Clerk to file this document;

(3) ADOPTED RESOLUTION NO. 185-2005 (Attachment 1) rescinding the January 2005 Housing Element adoption, and adopted the June 2005 Housing Element;

(4) directed staff to forward the Housing element to HCD for a final review period;

(5) authorized staff and the Board's subcommittee on the Housing Element (Supervisors Wormhoudt and Campos) to interact with HCD as necessary during the review period to resolve any outstanding issues or concerns; and

(6) directed the Planning Department to proceed with implementing the Housing Element as adopted
PWBSC

58.   Public hearing held to consider Application Number 04-0092 (Murray for Manning), a rezoning of the southern portion of two parcels located at the intersection of Monterey Avenue and Soquel Drive from R-1-9 (Single Family Residential - 9,000 square foot minimum per unit) zone district to the R-1-6 (Single Family Residential - 6,000 square foot minimum per unit) zone district and a subdivision to create seven new single family residential parcels; closed public hearing; and

(1) considered public testimony;

(2) certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act (exhibit D to Attachment 5);

(3) ADOPTED ORDINANCE NO. 4793 (Attachment 1) amending Chapter 13.10 of the Santa Cruz County Code that Rezones the property indicated from the R-1-9 zone district to the R-1-6 zone district; and

(4) approved Subdivision, Residential Development Permit, Roadway/Roadside Exception, and Riparian Exception No. 04-0092
BWPSC

59.   Public hearing held to consider extending an Interim Ordinance relating to condominium conversions;

(1) closed public hearing;

(2) ADOPTED INTERIM ORDINANCE NO. 4794 time extension regarding Condominium Conversion (Attachment 1); and

(3) directed Planning staff to process a permanent ordinance amendment to Chapter 14.02 as described in this letter
WPBSC

59.1.   Study session held to consider the proposed 2005/2006 Capital Improvement Program;

(1) continued consideration of the CIP to the individual departmental budget hearings; and

(2) directed the Public Works Department to present a Final 2005/2006 Capital Improvement Program, incorporating all changes that the Board adopts as part of the 2005/2006 budget hearings in CIP related budget appropriations, on or before December 13, 2005, pursuant to the annual CIP cycle adopted by the Board
BWPSC

59.2.   APPROVED the schedule for the 2005/2006 Budget Hearings and directed the Clerk of the Board to provide the required public notice; with an additional direction to move all the currently scheduled items for Monday, June 13, 2005, with the exception of the Treasurer-Tax Collector, to Thursday, June 16, 2005 at 1:00 P.M. and move all the currently scheduled items for Thursday, June 16, 2005 to Monday, June 13, 2005 at 9:00 A.M.
WPBSC

59.3.   ACCEPTED AND FILED program activities report on the Marijuana Suppression Program; approved application for the Marijuana Suppression Program; and authorized the Sheriff-Coroner and County Administrative Officer to sign the grant document; with an additional direction to continue the policies that Sheriff Tracy established, including those related to the number of hours of flight and include, in the annual report next year, the efforts and discussions with the community that show the Sheriffs' sensitivity in protecting the medical marijuana users from harassment and being burdened by the enforcement mechanisms that are intended for large commercial growers
BPwSC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS