Santa Cruz County Board of Supervisors Minutes: 4/4/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 10
Tuesday, April 4, 2006

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.		Supervisor Pirie Absent
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to Consent Agenda: Item Nos. 38.1 and 38.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 21, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 23, 2006 through March 29, 2006 and approved upon adoption of the 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

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 Wendell T. Burgess, Claim No. 506-058, and referred to County Counsel

11.   REJECTED the claim of McKenzie Kay, a minor and Kelly Kay, parent, Claim No. 506-059, as insufficiently filed, and referred to County Counsel

12.   APPROVED Amendment to Agreement with Appleby and Company extending contract period to December 31, 2006, as recommended by the Assessor-Recorder

13.   ADOPTED RESOLUTION NO. 103-2006 providing for 100% property tax exchange for Local Agency Formation Commission (LAFCO) No. 904 - Eastern Boundary Reorganization to Aptos - La Selva Fire Protection District, as recommended by the County Administrative Officer

14.   ACCEPTED AND FILED report on the modification to contract with Sequoia Voting Systems for the implementation of the County's Voting Modernization Plan, as recommended by the County Clerk

14.1.   CONTINUED final approval of the Memorandum of Understanding with the General Representation Unit until April 25, 2006, as recommended by the Director of Personnel

15.   APPROVED gross pay adjustments for six Probation Department employees, as recommended by the Chief Probation Officer

16.   ADOPTED RESOLUTION NO. 104-2006 accepting and appropriating unanticipated revenue in the amount of $40,207 in Index 574100; approved contract amendments with Pajaro Valley Prevention and Student Assistance and Santa Cruz Community Counseling Center increasing compensation by $10,000; and authorized the Chief Probation Officer to sign amendments, as recommended by the Chief Probation Officer

17.   APPROVED gross pay adjustment for a Sheriff's Correctional Officer in the amount of $353.36, as recommended by the Sheriff-Coroner

18.   ADOPTED RESOLUTION NO. 105-2006 supporting California's Marine Life Protection Act, as recommended by Supervisor Wormhoudt

19.   APPROVED appointment of Bob Stokes to the County of Santa Cruz Flood Control and Water Conservation District, Zone 7, as a non-voting representative, as recommended by Supervisor Campos

20.   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 Administrator

21.   CONTINUED TO APRIL 25, 2006 report on the Public Guardian's Office

22.   ACCEPTED low bid from Viking Construction in the amount of $1,975,880 for the Paulsen Road - Whiting Road Bridge replacement; authorized award of contract; and authorized the Director the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director Public Works

23.   DEFERRED consideration of refuse, recycling and yardwaste collection services Request for Proposal until April 25, 2006, as recommended by the Director of Public Works

24.   ACCEPTED AND FILED report on the Rolling Woods Water Distribution System Assessment District, and directed Public Works to report back to the Board on or before May 2, 2006, with an update on the assessment district process, as recommended by the Director of Public Works

25.   CONTINUED TO APRIL 25, 2006 consideration to approve independent contractor agreement with Moffatt and Nichol Engineers in the not-to-exceed amount of $30,600 for engineering design services for the East Cliff Pedestrian Pathway, 9th Avenue to 12th Avenue

26.   APPROVED amendment to agreement with Williams Tree Service in the increased amount of $35,000 for a total not-to-exceed amount of $85,000 for fiscal year 2005/2006 for tree maintenance and emergency tree removal; approved independent contractor agreement with Lewis Tree Service in the not-to-exceed amount of $20,000 per fiscal year for four years for tree maintenance and emergency tree removal; and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

27.   APPROVED road closure for the Boulder Creek Parade; adopted RESOLUTION NO. 106-2006 requesting that the California Department of Transportation allow the parade to be held, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

28.   APPROVED payment of outstanding balance in the amount of $576.46 for electrical service charges at the San Andreas Road/Seascape Boulevard flashing beacons, as recommended by the Director of Public Works

29.   APPROVED plans and specifications and engineer's estimate for the Valencia Road Culvert Retrofit project and authorized calling for bids; set the bid opening for 2:15 p.m. on May 11, 2006 in the Department of Public Works conference room; directed Public Works to return on May 23, 2006, with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

30.   APPROVED plans and specifications and engineer's estimate for the Valencia Creek Fish Ladder project and authorized calling for bids; set the bid opening for 2:15 p.m. on May 11, 2006, in the Department of Public Works conference room; directed Public Works to return on May 23, 2006 with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

31.   ACCEPTED AND FILED report on County Service Area (CSA) No. 7, Boulder Creek Main Replacement; directed Public Works to meet again with the CSA No. 7 homeowners group no later than April 20, 2006; and directed Public Works to return with a status report on May 16, 2006, as recommended by the Director of Public Works

32.   APPROVED plans, specifications and engineer's estimate for the Capitola Avenue Improvements, State Highway One to Soquel Drive; authorized calling for bids; set the bid opening for 2:15 p.m. on May 11, 2006, in the Department of Public Works conference room; directed the Clerk of the Board to take related actions; and directed Public Works to return on or before June 13, 2006 with a recommendation for award of contract, as recommended by the Director of Public Works

33.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED the plans and specifications and engineer's estimate for the Amesti Road Sewer Extension and authorized calling for bids; set the bid opening for 2:15 p.m. on April 27, 2006, in the Department of Public Works conference room; directed Public Works to return on May 16, 2006 with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

34.   ACCEPTED the Veterans Memorial Building Re-Roof improvements as completed; approved final cost of the project in the amount of $111,573 and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

35.   ADOPTED RESOLUTION NO. 107-2006 accepting and appropriating unanticipated revenue in the amount of $25,759 from Park Dedication Interest to cover the increased utility costs at the Swim Center, as recommended by the Director of Parks, Open Space and Cultural Services

36.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment Agency Administrator to sign a contract with Ecological Concerns, d.b.a. Central Coast Wilds, to provide landscape maintenance for the Live Oak Library lagoon restoration in the annual amount of $21,000 and approved related actions, as recommended by the Redevelopment Agency Administrator

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED TO APRIL 25, 2006 consideration to approve funds in the amount of $30,600 for an agreement with Moffatt and Nichol Engineers for the East Cliff Pedestrian Pathway Project from 9th Avenue to 12th Avenue

38.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Planning Director to allocate additional funds from the Redevelopment Agency Housing Funds to Mercy Housing for the acquisition and replacement costs for a Unit in the Osocales Community Project and approved related actions, as recommended by the Planning Director

38.1.   ACCEPTED nomination of Jonathan Hans Brinker to the Area Developmental Disabilities Board VII for a term to expire December 31, 2008, with final appointment to be made April 25, 2006, as recommended by Supervisor Wormhoudt

38.2.   ADOPTED RESOLUTION NO. 108-2006 endorsing April 2006 as "Voter Education and Participation Month", as recommended by the County Clerk

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director Personnel

All Bargaining Units

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

40.   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 7, to convene and carry out a regularly scheduled meeting

41.   Continued public hearing held on the certification of the ballots for the benefit assessment of 18 parcels annexed into County Service Area No. 13, Hutchinson Road, Zone A (5th District);

(1) closed public hearing;

(2) adopted RESOLUTION NO. 109-2006 Annexing 18 Parcels (LAFCO Resolution No. 899-A) into County Service Area (CSA) No. 13, Hutchinson Road, Zone A;

(3) accepted the certification of the results of the CSA No. 13, Hutchinson Road, Zone A election and directed the Director of Public Works to retain the ballots for at least six months following the certification; and

(4) adopted RESOLUTION NO. 110-2006 Authorizing and Levying an Assessment for Road Maintenance and Operations on 18 Parcels (LAFCO Resolution No. 899-A) Annexed into County Service Area No. 13, Hutchinson Road, Zone A for 1006/07 and each year following
WCB/P/S

42.   Public hearing held to consider Coastal Commission modifications to previously approved General Plan/Local Coastal Program and Zoning Ordinance Amendments allowing recycled water facilities on agriculturally-zoned land, subject to specific criteria;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 111-2006 amending General Plan/Local Coastal Program Policy 5.113.6 (Conditional Uses on CA-Zoned Lands), and adopting an ordinance amending the zoning ordinance (County Code Chapter 13.10), incorporating the Coastal Commission's suggested modifications, to make tertiary-level wastewater treatment facilities an allowed use on agriculturally-zoned land, subject to specific criteria;

(3) adopted ORDINANCE NO. 4821 approving the Coastal Commission's suggested modifications to previously approved amendment to Chapter 13.10 of the Santa Cruz County Code, allowing, recycled water facilities to be located on Agriculturally-Zoned Land (Attachment 2);

(4) approved proposed California Environmental Quality Act Notice of Exemption (Attachment 3); and

(5) directed the Planning Director to submit the Board's action to the Coastal Commission to finalize the LCP amendment process
CWB/P/S

43.   Continued public hearing held to consider Application No. 05-0145 (City of Watsonville), a proposal to construct a tertiary level recycled water facility adjacent to the Watsonville Wastewater Treatment Plant, located at 410 Panabaker Lane in Watsonville;

(1) closed public hearing;

(2) approved application 05-0145 (a Lot Line Adjustment, a Development Permit, a Coastal Development Permit and a Riparian Exception) to construct a tertiary level recycled water facility adjacent to the Watsonville Wastewater Treatment Plant, the effective date of which coincides with the effective date of the Zoning Ordinance amendment to County Code Section 13.10.635 (Attachments 2 and 3), with an additional direction to include special language indicating that the appeal period will not commence until the ordinance and permit are effective; and

(3) adopted the required California Environmental Quality Statement of Overriding Considerations (Attachment 4)
CB/P/WS

44.   Public hearing held to consider ordinance amending Chapter 9.42.060 of the County Code related to Soquel Village Parking and Business Improvement Area;

(1) closed public hearing; and

(2) adopted ORDINANCE NO. 4822 modifying Chapter 9.42 of the Santa Cruz County Code amending deficit parking to agree with Zoning Regulations
BC/P/WS

45.   Public hearing held to consider parking maintenance and operating charges for the Soquel Village Parking and Business Improvement Area for 2006/2007 fiscal year;

(1) closed public hearing; and

(2) adopted RESOLUTION NO. 112-2006 establishing Annual Soquel Village Parking and Business Improvement Area Assessment Charges for the Fiscal Year 2006-2007
BW/P/CS

46.   Public hearing held to approve tax-exempt bond financing for the Parkhurst Terrace Affordable Housing project (formerly Golden Torch RV Park);

(1) closed public hearing; and

(2) adopted RESOLUTION NO. 113-2006 approving the issuance of the bonds by the California Municipal Finance Authority relating to the Parkhurst Terrace Rental Housing Development, and approving and directing execution of the Joint Exercise of Powers Agreement relating to the Authority
CWB/P/S

47.   Public hearing held to consider recommendations relating to Swimming Pool, Spa and Hot Tub Barrier requirements;

(1) accepted and filed report;

(2) opened public hearing and considered initial public comments with regard to barriers for pools, hot tubs and spas;

(3) directed Planning staff to prepare ordinance amendments to Chapters 7.64 and 12.10 to include the provisions recommended in the letter of the Planning Director of March 27, 2006; and

(4) continued public hearing until the morning agenda of May 2, 2006
WB/P/CS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS