Santa Cruz County Board of Supervisors Minutes: 8/2/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 20
Tuesday, August 2, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
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.   APPROVED minutes of June 13, 2005, June 14, 2005, June 15, 2005, June 16, 2005, June 17, 2005, June 20, 2005, June 21, 2005, and June 23, 2005, as recommended by the Clerk of the Board
WPBSC (Supervisor Beautz abstained only on minutes of June 16, 2005 through June 23, 2005)

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 16, 2005 through July 27, 2005 and approved upon adoption of the 2004/2005 and 2005/2006 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board
WPBSC (Supervisor Pirie abstained only on contract of Senior Citizens Legal Services because her spouse is employed by agency)

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 Pete and Haruyo Pearson, Claim No. 304-042B, and referred to County Counsel

11.   REJECTED the claim of Valerie Hoover, Claim No. 506-001, and referred to County Counsel

12.   ADOPTED ORDINANCE NO. 4797 Amending Sections 9.57.020, 9.57.030, 9.57.070, 9.57.080, 9.57.090, 9.57.110 and Adding Section 9.57.120 to the Santa Cruz County Code Relating to Abandoned Vehicles on Streets and Highways

13.   ADOPTED ORDINANCE NO. 4798 Amending Sections 2.120.020 and 2.120.040 of the Santa Cruz County Code Relating to Membership of the Fire Department Advisory Commission

14.   ADOPTED ORDINANCE NO. 4799 Amending Sections 4.28.070 and 4.28.110 of the Santa Cruz County Code Relating to the Emergency Response Fee

15.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $260.21 to replace specified uncashed and staledated warrants, as recommended by the Auditor-Controller

16.   ADOPTED RESOLUTION NO. 235-2005 authorizing a temporary transfer of funds for operation and maintenance purpose for the Aptos/La Selva, Branciforte, Central, Pajaro Valley and Scotts Valley Fire Protection Districts and directed the County Treasurer to make the necessary transfer of funds, as recommended by the Auditor-Controller

17.   ADOPTED RESOLUTION NO. 236-2005 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 899 - Old Mill Pond/Old Japanese Road to County Service Area (CSA) No. 13, as recommended by the County Administrative Officer

18.   ADOPTED RESOLUTION NO. 237-2005 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 900 - Old Ranch Annexation to County Service Area (CSA) No. 23, as recommended by the County Administrative Officer

18.1.   ACCEPTED the Statement of Vote for the July 26, 2005 Special Election, and declared the results of the Measure W election, pursuant to Elections Code Section 15400, as recommended by the County Clerk

19.   DENIED claims for sewer fee refund by Cliff D. Evans, Gary C. and Janet T. Griffin, and Dana L. and Roberta J. Vincent, as recommended by County Counsel

20.   DIRECTED the Planning Director to evaluate materials on the Green Building Program and report back to the Board within three months with recommendations regarding how best to proceed with developing such a program for the County, as recommended by Supervisor Wormhoudt

21.   ADOPTED RESOLUTION NO. 238-2005 supporting the passage of Senate Bill 60, relating to driver's licenses and identification cards, as recommended by Supervisor Campos

22.   SEE ITEM NO. 58.3 REGULAR AGENDA

23.   SEE ITEM NO. 58.1 REGULAR AGENDA

24.   APPROVED process for treatment of personal information contained in County advisory body applications, as recommended by Chairman Campos

25.   ACCEPTED notification of at-large vacancy on the Housing Authority Board of Commissioners, with nominations for appointment to be received on August 16, 2005, and final appointment to be made August 23, 2005, as recommended by Chairman Campos

26.   APPROVED and authorized the District Attorney to sign a Certification of Assurance of Compliance and submit a grant re-application to the Governor's Office of Emergency Services in the amount of $45,826 for funding of the District Attorney's Child Abuser Vertical Prosecution Program (CAVP) for Fiscal Year 2005-06; and directed the District Attorney to return to the Board with the necessary financial documents to adjust the County budget for the CAVP Program based on the reallocations of funds by Office of Emergency Services (OES) no later than March 31, 2006, as recommended by the District Attorney

27.   ACCEPTED the 1080 Emeline Avenue Elevator Project as completed; approved the final cost of $342,095; and authorized the Clerk of the Board to file the executed Notice of Completion with the Office of the County Recorder, as recommended by the General Services Director

28.   ACCEPTED the Main Jail Water Intrusion Repair Project as completed; approved the final cost of $34,531; and authorized the Clerk of the Board to file the executed Notice of Completion with the Office of County Recorder, as recommended by the General Services Director

29.   ACCEPTED the Rountree Water System Improvements Project as completed; approved the final cost of $318,900; and authorized the Clerk of the Board to file the executed Notice of Completion with the Office of County Recorder, as recommended by the General Services Director

30.   APPROVED a 2005-2006 Memorandum of Understanding between the Fire Chiefs' Association and the County of Santa Cruz for on-going maintenance of the fire run books and approved related actions, as recommended by the Information Services Department Director

31.   DEFERRED report on the ten-year history of the County's utilization of women and minorities for County departments currently or previously on Administrative Review to August 9, 2005, as recommended by the Personnel Director

32.   ACCEPTED AND FILED report on the status of 2005-2006 layoff placements and directed staff to return on August 23, 2005 with a final report on Countywide layoffs, as recommended by the Personnel Director

33.   APPROVED contract for $2,298,650 with the Superior Court of California for court security services; authorized the Sheriff to sign the contract; and adopted RESOLUTION NO. 239-2005 accepting and appropriating $24,000 in unanticipated State revenue, as recommended by the Sheriff-Coroner

34.   ACCEPTED AND FILED for the period ending June 30, 2005 the Treasurer's monthly Cash Report and Transaction Report, as recommended by the Treasurer-Tax Collector

35.   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

36.   ADOPTED RESOLUTION NO. 240-2005 authorizing the Health Services Agency Director to sign on-going state standard agreements included on the 2005-06 Continuing Agreements List; and approved related actions, as recommended by the Health Services Agency Director

37.   APPROVED extension of a full-time Substance Abuse Program Manager until September 30, 2005 within the Health Services Agency, as recommended by the Health Services Agency Director

38.   ACCEPTED AND FILED report on the Central Coast Alliance for Health and directed the Health Services Agency to submit further reports every six months with the next report to be provided at the first meeting in February 2006, as recommended by the Health Services Agency Director

39.   APPROVED amendment to the agreement with Central Coast Alliance for Health, increasing the maximum amount by $136,250 to $276,250 and extending the term of the agreement to June 30, 2006 and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

40.   APPROVED Public Health agreements with the City of Watsonville in the amount of $1,275,964 and Salud Para La Gente in the amount of $24,507 for the Housing and Urban Development (HUD) Lead Hazard Reduction Grant Program; approved an agreement with Benchmark Environmental Engineering in the amount of $60,000 for lead inspection/risk assessment services; approved an agreement with the State Department of Health Services in the amount of $181,810 for the Housing Opportunities for Persons with AIDS Development grant; approved an amendment to the existing agreement with the Community Action Board to allow partial cost recovery associated with the Motel Voucher Project; and approved one master agreement with the Santa Cruz AIDS Project in the amount of $529,511 for various public health services, as recommended by the Health Services Agency Director

41.   SCHEDULED a public hearing for Tuesday, August 23, 2005 on the morning agenda beginning at 9:00 a.m. or thereafter, to consider Application Number 04-0209 (Powers Landing Planning, Inc. for Pajaro Dunes North Association), a proposal to Amend PUD 3445-U and 82-355 to construct a real estate office at Pajaro Dunes North, as recommended by the Planning Director

42.   ADOPTED RESOLUTION NO. 241-2005 to amend the Unified Fee Schedule to address an administrative error and restore the In Lieu Fee for market rate development projects, as recommended by the Planning Director

43.   AUTHORIZED the Planning Director to execute a contract with Tetra Tech, Incorporated, in the amount of $154,802.37, to complete the Environmental Impact Study/Environmental Impact Report for the East Cliff Drive Bluff Protection and Parkway Project; and to execute the revenue agreement with Santa Cruz County Redevelopment Agency to provide funds for this work, as recommended by the Planning Director

44.   ADOPTED RESOLUTION NO. 242-2005 waiving the State's statutory 90-day written notice requirement to relinquish right-of-way and approved proceedings by the California Transportation Commission to relinquish a portion of State Route 1 to the County of Santa Cruz; and directed Public Works to return on or before September 20, 2005, for acceptance of CALTRANS' right-of-way upon authorization and completion of the relinquishment, as recommended by the Director of Public Works

45.   APPROVED independent contractor agreement for County Service Area No. 3, Aptos Seascape (2nd District) with The Landscape Company in the amount of $16,800 for landscaping and tree trimming services; and authorized the Director of Public Works to sign the agreement on behalf of the County Service Area, as recommended by the Director of Public Works

46.   SEE ITEM NO. 58.4 REGULAR AGENDA

47.   SEE ITEM NO. 58.2 REGULAR AGENDA

48.   DIRECTED Public Works to return on or before August 16, 2005 for award of the Soquel Avenue Overlay and Sewer Replacement Project, as recommended by the Director of Public Works

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $154,802.37 for contract amendment with Tetra Tech, Incorporated, for the East Cliff Drive Bluff Protection and Parkway Environmental Impact Report/Environmental Impact Study and approved related actions, as recommended by the Redevelopment Agency Administrator

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim Name/No.: Maria Ceja v. Javier Robles, County of Santa Cruz, et al., Santa Cruz Superior Court Case No. CV 151051

Claim Name/No.: Farmers Insurance v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV 151280

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: All

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

51.   Proclamation honoring Terry Dorsey for her 30 years of Service to the Board of Supervisors' Office

52.   CONSIDERED adoption of a Resolution Declaring the Results of a Special Election and Directing Recording of Notice of Special Tax Lien; considered adoption of an Ordinance Levying Special Taxes within Community Facilities District No. 1 (Felton) and considered Adoption of a Resolution Authorizing the Issuance of 2005 Special Tax Bonds (Series A) in a Principal Amount Not to Exceed One Million Dollars and Approving Certain Documents;

(1) ADOPTED RESOLUTION NO. 243-2005 of the Board of Supervisors of the County of Santa Cruz, California, Acting as the Legislative Body of the Community Facilities District No. 1 (Felton) of the County of Santa Cruz, Declaring the Results of a Special Election and Directing Recording of a Notice of Special Tax Lien;

(2) approved "in concept" ordinance of the Board of Supervisors of the County of Santa Cruz, California, Acting as the Legislative Body of the Community Facilities District No. 1 (Felton) of the County of Santa Cruz, Levying Special Taxes within Community Facilities District No. 1 (Felton) of the County of Santa Cruz, to return on August 9, 2005 for final adoption;

(3) ADOPTED RESOLUTION NO. 244-2005 of the Board of Supervisors of the County of Santa Cruz, Acting as the Legislative Body of the Community Facilities District No. 1 (Felton) of the County of Santa Cruz Authorizing the Issuance of its 2005 Special Tax Bonds (Series A) in a Principal Amount Not-to-Exceed One Million Dollars and Approving Certain Documents and Taking Certain other Actions in Connection Therewith; and

(4) authorized the County Administrative Office and Bond Counsel to begin negotiating participation agreements with the various governments in Community Facilities District No. 1 (Felton)
SPBWC

53.   Continued public hearing to consider results of the ballot procedure for the North County Mosquito and Disease Control Assessment for County Service Area (CSA) No. 53;

(1) continued public hearing opened on June 21, 2005;

(2) requested that the Agricultural Commissioner announce the results of the ballot procedure for proposed North County Mosquito and Disease Control Assessment for County Service Area (CSA) No. 53;

(3) closed public hearing held to consider the results of the ballot procedure;

(4) accepted the certification of the results of the ballot procedure and directed the Agricultural Commissioner to retain the ballots for at least three years following the public hearing; and

(5) ADOPTED RESOLUTION NO. 245-2005 approving the final engineer's report, confirming the diagram, and authorizing and levying the North County Mosquito and Disease Control Assessment in CSA No. 53 for Fiscal Year 2005-2006 and each year following
PBWSC

54.   CONSIDERED adoption of the North County Mosquito and Disease Control Budget and considered approval of related actions contingent upon the successful outcome of the North County Mosquito and Disease Control Assessment balloting procedure;

(1) adopted the 2005-2006 North County budget and authorized the Agricultural Commissioner to hire two additional Vector Control Specialists and an Account Clerk;

(2) authorized the Agricultural Commissioner to repay from North County levy funds any and all loans amounting to $124,529 from the Cities of Santa Cruz, Capitola and Scotts Valley, the County General Fund and County Service Area (CSA) No. 53 South County funds for the expansion and annexation costs;

(3) authorized the Agricultural Commissioner to repay from North County levy funds any and all loans amounting to $55,000 for the Interim West Nile Virus Control Program;

(4) ADOPTED RESOLUTION NO. 246-2005 accepting and appropriating unanticipated revenue in the amount of $707,727 from North County Mosquito and Disease Control Levy for Mosquito and Disease Control;

(5) ADOPTED RESOLUTION NO. 247-2005 accepting and appropriating unanticipated revenue in the amount of $587,727 from Mosquito Abatement CSA No. 53 for Mosquito Abatement Services
WPBSC

55.   Public hearing held on proposed fiscal year 2005-2006 Assessment Report for County Service Area 9E, Streetscape Maintenance;

(1) conducted public hearing on the proposed fiscal year 2005-2006 Assessment Report for County Service Area (CSA) No. 9E, Streetscape Maintenance;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 248-2005 confirming the Assessment Report for the 2005-2006 fiscal year for CSA No. 9E, Streetscape Maintenance
WPBSC

56.   Public hearing held on proposed 2005-2006 service charge report for County Service Area (CSA) No. 11 - Park Debt Service;

(1) opened public hearing, to hear objections or protests, to the proposed 2005-2006 service charge report for County Service Area (CSA) No. 11, Parks Debt Service;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 249-2005 confirming the service charge report for CSA No. 11, Parks Debt Service
PWBSC

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED public hearing and consideration of the Redevelopment Agency's Proposed 2005-2006 Budget;

closed public hearing;

APPROVED Department 61 and all associated Index Codes, as recommended by the County Administrative Officer, including items contained in Volume II, the Supplemental budget recommendations and the items contained in the CIP; with the following corrections to Attachment 1 of the Letter of Redevelopment Agency of July 21, 2005 to replace pages 33-7 and 33-8 with pages 12 and 13 of the document titled, "Santa Cruz County Redevelopment Agency Recommendations for Proposed 2005-2006 Budget, May 2005"
BWPSC

58.   CONSIDERED adoption of an ordinance amending Subdivision A. of Section 2.119.020 of the Santa Cruz County Code relating to the membership of the Treasury Oversight Commission;

approved "in concept" ordinance amending Subdivision A. of Section 2.119.020 of the Santa Cruz County Code relating to the membership of the Treasury Oversight Commission to return on August 9, 2005 for final adoption
WPBSC

58.1.   ACCEPTED AND FILED the Juvenile Justice and Delinquency Prevention Commission's 2004-05 inspection report of the Santa Cruz County Juvenile Hall; with an additional direction that the Probation Department return on August 16, 2005 with a response to the recommendations contained in the Annual Inspection Report for Juvenile Hall
WPBSC

58.2.   DIRECTED Public Works to work with Pacific Gas and Electric Company to schedule the next phase of its work on the Davenport Underground Utility Project at the earliest possible time, and return on or before October 18, 2005, with an updated schedule and report on the hiring of a contractor for the County's portion of the project; with an additional direction that staff include, with the report on the second phase of this project, a status report on the scheduling and whether it has been moved from January to September
WPBSC

58.3.   DEFERRED consideration of nominees for appointment to a subcommittee of the County's Public Health Commission to advise the Board on genetically modified crops until August 23, 2005, as recommended by Chairman Campos
WPBSC

58.4.   ADOPTED RESOLUTION NO. 250-2005 establishing Zero Waste as a long-term goal for the County of Santa Cruz and establishing a 75 percent diversion rate by the year 2010 as a milestone toward meeting that goal, as recommended by the Director of Public Works
WPBSC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS