Santa Cruz County Board of Supervisors Minutes: 6/14/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 18
Tuesday, June 14, 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 the Consent Agenda: Item No. 38.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - seven people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   Deleted Item

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.   APPROVED request transferring funds within the Agriculture Cooperative Extension from services and supplies to salaries and benefits, as recommended by the Agriculture Cooperative Extension Department Head

11.   AUTHORIZED the Auditor-Controller to proceed with necessary actions to secure the 2005/2006 Tax and Revenue Anticipation Notes, not-to-exceed a total of $50,000,000; adopted RESOLUTION NO. 186-2005 authorizing the sale of 2005/2006 Tax and Revenue Anticipation Notes; and report back during Budget hearings with the results of the TRANs issue, as recommended by the Auditor-Controller

12.   APPROVED Independent Contractor agreements with Lab Corporation in the amount of $18,500 and Specialized Litigation Services, Incorporated in the amount of $24,000 and authorized the Director of Child Support Services to execute the agreements, as recommended by the Director of Child Support Services

13.   ADOPTED RESOLUTION NO. 187-2005 to recognize the receipt of sales and use taxes for the unincorporated area in the amount of $12,615 and appropriate them for sales audit services provided by Hinterliter DeLamas and Associates, as recommended by the County Administrative Officer

14.   AUTHORIZED the District Attorney to participate in the Pajaro Valley Prevention and Student Assistant Agency application to the Office of Emergency Services for Gang Violence Suppression Funds, as recommended by the District Attorney

15.   AUTHORIZED the Emergency Services Administrator to execute grant documents to accept the 2004 Flood Mitigation Assistance grant in the amount of $460,080, as recommended by the Emergency Services Administrator

16.   AUTHORIZED the Emergency Services Administrator to notify the California Department of Forestry and Fire Protection of the County's intention to contract for services in fiscal year 2006/2007, as recommended by the Emergency Services Administrator

17.   AWARDED contract to Best Roofing and Waterproofing, Incorporated in the amount of $169,500 for the Roof Replacement 1430 Freedom Boulevard project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; and authorized the General Services Director to approve change orders and encumber $16,950, in addition to the contract amount, to cover change order expenditures as required, as recommended by the Director of General Services

18.   AUTHORIZED the Probation Department to participate in the Pajaro Valley Prevention and Student Assistance Agency application to the Office of Emergency Services for Gang Violence Suppression funds, as recommended by the Chief Probation Officer

19.   APPROVED transfer of funds from Regular Pay to Professional Services in the amount of $10,742.84 to reimburse costs to Tuolomne County for a Search and Rescue mission related to a Santa Cruz resident, as recommended by the Sheriff-Coroner

20.   AUTHORIZED transfer of $200,000 within the Sheriff's Office from Operations Bureau salaries and benefits and Detention Bureau services and supplies to Detention Bureau salaries and benefits, as recommended by the Sheriff-Coroner

21.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending May 31, 2005, as recommended by the Treasurer-Tax Collector

22.   APPROVED request to transfer fund from supplies and services to fixed assets and a request to purchase a replacement envelope opening machine for an amount not-to-exceed $4,000 at no additional cost to the County, as recommended by the Treasurer-Tax Collector

23.   ADOPTED RESOLUTION NO. 188-2005 supporting the passage of Senate Bill 308, strengthening laws against elder abuse, as recommended by Supervisor Pirie

24.   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

25.   SEE ITEM NO. 48.1 REGULAR AGENDA

26.   APPROVED agreements with the University of California, Davis for a total amount of $342,400 for Staff Development training, and authorized the Human Resources Agency Director to sign the agreements, as recommended by the Human Resources Agency Director

27.   APPROVED independent contractor agreements with John Gilchrist and Associates, Kittleson Environmental Consulting and Dana Bland and Associates for a not-to-exceed amount of $50,000 per fiscal year for fish and wildlife biological services; authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

28.   APPROVED proposed Disadvantaged Business Enterprise participation goal for federal fiscal year 2005/2006 and authorized Public Works to submit the goal for a 45-day public review, as recommended by the Director of Public Works

29.   ACCEPTED low bid from Monterey Peninsula Engineering, Incorporated in the amount of $1,023,000 for the Kinsley Street Improvements 17th Avenue to Lisa Lane project; adopted RESOLUTION NO. 189-2005 accepting and appropriating unanticipated revenue in the amount of $186,968.10 from the City of Santa Cruz Water Department (SCWD); approved reimbursement agreement between the SCWD and the County of Santa Cruz for costs related to the City's items on the subject project; and approved related action, as recommended by the Director of Public Works

30.   ACCEPTED AND FILED report on CALTRANS' relinquishment of Highway 1 right-of-way for the Harkins Slough Road Bridge at West Branch of Struve Slough project; directed Public Works to return to the Board on or before August 23, 2005 for acceptance of CALTRANS right-of-way upon authorization and completion of the relinquishment, as recommended by the Director of Public Works

31.   APPROVED Contract Change Order No. 2 in the amount of $120,650 for the Seventh Avenue Improvements, Eaton Street to Capitola Road project; authorized the Chairman of the Board to sign the change order on behalf of the County; and approved related actions, as recommended by the Director of Public Works

32.   ADOPTED RESOLUTION NO. 190-2005 approving and accepting contracts for the Porter Street Sidewalk Infill project rights acquisition; authorized the Director of Public Works to sign the contracts on behalf of the County; and approved payment of claims, as recommended by the Director of Public Works

33.   ADOPTED RESOLUTION NO. 191-2005 for right-of-way acquisitions for the Robertson Street Sidewalk Infill project; 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

34.   APPROVED payment to Phillip Transportation and Remediation, Incorporated in the amount of $2,133.66 for electronic waste recycling services, as recommended by the Director of Public Works

35.   ACCEPTED improvement for the College Road at Anderson Drive Curb, Gutter, and Sidewalk Improvement project; approved final cost in the amount of $70,010.33; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

36.   ADOPTED RESOLUTION NO. 192-2005 supporting passage of Assembly Bill 1125, Household Battery Recycling, and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 193-2005 accepting and appropriating unanticipated revenue totaling $600,000 from Redevelopment Capital Project Bond Proceeds Reserves; approved Agency funds totaling $1,118,952 for the cost of the construction contract, inspection services, overhead and contingency for the Kinsley Street Improvement project; and approved related actions, as recommended by the Redevelopment Agency Administrator

38.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Planning Director to allocate up to $335,000 in Redevelopment Agency Housing Funds as a short term loan to the Wheelock project and approved related actions, as recommended by the Planning Director

38.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency financing for the acquisition of necessary easements for the Soquel Village Improvement project in the amount of $31,650 and approved related actions, as recommended by the Redevelopment Agency Administrator

39.   AS THE BOARD OF SUPERVSIORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.: National Oceanic and Atmospheric Administration (NOAA) v. County of Santa Cruz and Condon Johnson and Associates

NOAA Enforcement Action Case No. SW040276A

Richard Quigley v. Sheriff Mark Tracy, County of Santa Cruz, et al.

United States District Court, Northern District of California, San Jose Division Case No. C03-05719 RMW

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street addresses (2505 Portola Drive): APN 028-091-24

Property Owner: Frank Mowry

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

REPORT OF COUNTY COUNSEL - In the matter of Richard Quigley v. Sheriff Mark Tracy, County of Santa Cruz, et al. United States District Court, Northern District of California, San Jose Division Case No. C03-05719 RMW, the Board of Supervisors unanimously authorized a settlement of this civil rights claim in the amount of $47,500
BPWSC

REGULAR AGENDA

40.   Public hearing held on proposed 2005/2006 service charge report for County Service Area (CSA) No. 7, Boulder Creek;

(1) opened public hearing, to hear objections or protests, to the proposed 2005/2006 sewer service charge report for CSA No. 7, Boulder Creek;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 194-2005 confirming the sewer service charge report for CSA No. 7, Boulder Creek
SWBPC

41.   Public hearing held to consider County Service Area (CSA) No. 4 and CSA No. 48 Fire Protection Assessment Service Charge Reports for fiscal year 2005/2006;

(1) opened public hearing, to hear objections or protests, to the proposed CSA Nos. 4 and 48 fiscal year 2005-06 Service Charge Report;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 195-2005 confirming service charge reports for CSA No. 4, Pajaro Dunes Fire and No. 48, County Fire
WPBSC

42.   Public hearing held on 2005/2006 Assessment/Service Charges and 2005/2006 Assessment/Service Charge Reports for County Service Area No. 12, Waste Water Management;

(1) opened public hearing, to hear objections or protest, to the proposed benefit assessments service charges and the proposed 2005-06 Assessment Service Charge Reports for CSA No. 12, Wastewater Management;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 196-2005 establishing the 2005-06 assessments/service charges for CSA No. 12;

(4) and ADOPTED RESOLUTION NO. 197-2005 confirming assessment/service charge reports for CSA No. 12
PWBSC

43.   Public hearing held to consider Mosquito and Disease Control District, County Service Area (CSA) No. 53 Benefit Assessment Rate Reports for 2005/2006;

(1) opened public hearing, to hear objections or protests, to the proposed 2005/06 Mosquito and Disease Control District/Benefit Assessment Rate Report for Mosquito and Vector Control, CSA No. 53;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 198-2005 confirming Mosquito and Disease Control District/Benefit Assessment Rate reports for 2005/06 for Mosquito and Vector Control, CSA No. 53
PBWSC

44.   Public hearing held to consider adoption of resolution confirming the Assessment Rate Report for Mosquito Abatement/Vector Control, County Service Area (CSA) No. 53 for 2005/2006;

(1) opened public hearing, to hear objections or protest, to the proposed 2005/06 Assessment Rate Report for Mosquito Abatement/Vector Control , CSA No. 53;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 199-2005 confirming the Assessment Rate Report for Mosquito Abatement/Vector Control, CSA No. 53
PBWSC

45.   CONSIDERED request for the University of California at Santa Cruz Cooperative Extension to create a Departmental Advisory Group on Genetically Modified Crops, and related actions;

approved a Subcommittee of the Public Health Commission to advise the Board of Supervisors on genetically modified crops; the Committee shall include: a member of the Public Health Commission, the County Medical Director, the Santa Cruz County Agricultural Commissioner, the Director of the University of California Agricultural Extension, and ten additional appointments to be advertised for this Committee; the first meeting in August, each Supervisor can make two nominations that would be forwarded to the Public Health Commission for their appointment to this Subcommittee; and, in addition, that the Board direct the Committee to make it's first task the necessary research on whether the Board has the authority to adopt a moratorium on genetically modified crops while they are doing their work and whether it would be the recommendation that we do so and return to the Board of Supervisors as soon as they have completed that task
WPBSC

46.   CONSIDERED Ordinance amending Sections 2.120.020 and 2.120.040 of the Santa Cruz County Code relating to the Fire Department Advisory Commission and associated revisions to the Fire Department Advisory Commission Bylaws;

(1) approved "in concept" ordinance amending Sections 2.120.020 and 2.120.040 of the Santa Cruz County Code relating to the Fire Department Advisory Commission to return on August 2, 2005 for final adoption; and

(2) approved revised Bylaws of the Fire Department Advisory Commission
WPBSC

47.   APPROVED appointment of Kelly Duffin to the Managed Medical Care Commission, as an at-large representative of hospitals, in accordance with County Code Section 7.59.030, for a term to expire April 1, 2007
SPBWC

48.   CONSIDERED Ordinance amending Section 2.36 of the County Code setting a charge for research and copying certain public records; direct that the ordinance be returned for final adoption on June 21, 2005; and direct the Clerk of the Board to include the fees in the Unified Fee Schedule, effective August 1, 2005;

(1) approved "in concept" ordinance amending Chapter 2.36 of the Santa Cruz County Code by Adding Sections 2.36.050 and 2.36.060 Setting Charges for Copying and Researching Certain Public Records to return on June 21, 2005 for final adoption; and

(2) directed the Clerk of the Board to include the fee changes in the Unified Fee Schedule, effective August 1, 2005
PWBSC

48.1.   CONTINUED TO JUNE 21, 2005 consideration to approve agreement with Diamond Pharmacy Services for jail pharmacy services
PWBSC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS