PLEASE NOTE: This site is maintained for historical reference.
For materials from February 2016 to the present, please visit our portal at:
http://santacruzcountyca.iqm2.com/Citizens/Default.aspx
Thank you!

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2006, NUMBER 15
Tuesday, June 6, 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.   All Supervisors present
2.   Moment of Silence and Pledge of Allegiance
3.   ADDED to the Consent Agenda: Item No. 8

DELETED from the Consent Agenda: Item No. 21

4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - one person addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 16, 2006 and May 23, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of May 18, 2006 through May 31, 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.   ADOPTED ORDINANCE NO. 4824 Amending Sections 1.05.130 and 1.05.140 and Adding Section 1.05.150 to the Santa Cruz County Code Relating to Claims for Money Damages

11.   REJECTED the claim of Mavis Musitelli, Claim No. 506-083, and referred to County Counsel

12.   APPROVED transfer of $9,000 in fixed asset funds within the Mosquito and Vector Control, County Service Area (CSA) No. 53 to provide additional funding for the purchase of an all-terrain vehicle and trailer, as recommended by the Agricultural Commissioner

13.   ADOPTED RESOLUTION NO. 176-2006 setting June 20, 2006, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the proposed South County benefit assessment rate report for Mosquito and Vector Control County Service Area No. 53 (Attachment B); adopted RESOLUTION NO. 177-2006 Confirming Previously Established Benefit Assessments for South County Mosquito and Disease Control Assessment within County Service Area No. 53 (Attachment C) and adopted RESOLUTION NO. 178-2006 Confirming Previously Established Benefit Assessments for North County Mosquito and Disease Control Assessment within County Service Area No. 53 (Attachment D); approved Notice of Public Hearing on the Benefit/Assessment Rate Reports for County Service Area No. 53 Santa Cruz County Mosquito and Vector Control, South County (Attachment E) and approved the Notice of Public Hearing on the Engineer's and Benefit Assessment Rate Report for County Service Area No. 53 Santa Cruz County Mosquito and Vector Control North County Mosquito and Disease Control Engineer's and Assessment Report (Attachment F); adopted RESOLUTION NO. 179-2006 Preliminarily Approving the Engineer's Report and Rate Report, Providing Notice of Public Hearing and setting June 20, 2006, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the proposed Engineer's Report and Rate Report for North County Mosquito and Disease Control Assessment within the Mosquito and Vector Control County Service Area No. 53 (Attachment G); and directed the Clerk of the Board to take related actions, as recommended by the Agricultural Commissioner

14.   ACCEPTED AND FILED report on Transient Occupancy Tax reviews, as recommended by the Auditor-Controller

15.   ACCEPTED AND FILED Volume II, Departmental Line Item Budget Detail for the 2006/2007 Proposed Budget, as recommended by the County Administrative Officer

16.   ADOPTED schedule for 2006/2007 Budget Hearings, as recommended by the County Administrative Officer

17.   REQUESTED the Chair to send letters to Congressional representatives requesting their support to make the retirement provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 permanent by removing the 2010 sunset date, as recommended by the Deferred Compensation Advisory Commission

18.   DENIED claim for refund of property taxes, as recommended by the County Counsel

19.   APPROVED subscription plan amendment in the amount of $23,280 between Lexis-Nexis and the County of Santa Cruz for fiscal year 2006/2007, and authorized the District Attorney to sign the subscription plan amendment on behalf of the County, as recommended by the District Attorney

20.   APPROVED transfer of funds in the amount of $20,939 from the Pajaro Dunes Fire Station Assessment District Maintenance Fund to the Pajaro Dunes Fire/County Service Area (CSA) No. 4 Fund to pay for the purchase and installation of the above-ground fuel tank at the Pajaro Dunes Fire Station; and adopted RESOLUTION NO. 180-2006 accepting and appropriating unanticipated revenue in the amount of $20,939 from the Pajaro Dunes Fire Station Assessment District for station maintenance, as recommended by the Emergency Services Administrator

21.   DELETED ITEM

22.   DEFERRED report on jail overcrowding issues to Budget Hearings, as recommended by the Sheriff-Coroner and Chief Probation Officer

23.   APPROVED transfer of funds from Public Safety Equipment to Fixed Assets to purchase two Orion GPS tracking units for a cost of $14,637.45, as recommended by the Sheriff-Coroner

24.   APPROVED transfer of funds in the amount of $80,000 and adopted RESOLUTION NO. 181-2006 accepting and appropriating unanticipated revenues in the amount of $87,783 within the Sheriff's Detention Bureau to offset anticipated expenses at the Main Jail, as recommended by the Sheriff-Coroner

25.   APPROVED appointment of Keith Johnson to the Equal Employment Opportunity Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

26.   ADOPTED RESOLUTION NO. 182-2006 opposing the passage of House of Representatives (H.R.) 4437, the Border Protection, Anti-Terrorism, and Illegal Immigration Control Act, as recommended by Supervisors Stone and Wormhoudt

27.   ACCEPTED notification of two at-large vacancies on the Child Care Planning Council, one representing consumers and one representing providers, with nominations for appointment to be received on June 20, 2006, and final appointments to be made August 1, 2006, as recommended by Chair Stone

28.   ACCEPTED notification of at-large vacancy on the Water Advisory Commission for a representative of private or mutual water companies, with nominations for appointment to be received on June 20, 2006, and final appointment to be made August 1, 2006, as recommended by Chair Stone

29.   ACCEPTED nomination of various persons for reappointment to the Workforce Investment Board, as at-large representatives in the categories indicated, for terms to expire June 30, 2010, with final appointments to be made June 13, 2006, as recommended by Chair Stone

30.   DIRECTED County Counsel to prepare an ordinance amending County Code Chapter 2.116, relative to the Long Term Care Interagency Commission, as outlined, and return to the Board on August 1, 2006, with proposed modifications, as recommended by Chair Stone

31.   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

32.   ACCEPTED AND FILED report on Centers for Medicare and Medicaid Services (CMS) actions related to Locality 99, requested the Chair of the Board send a letter to the Medicare Payment Advisory Commission, and directed the Health Services Agency to report back with updated information and further recommendations no later than December 12, 2006, as recommended by the Health Services Agency Director

33.   AUTHORIZED expenditures of $23,070 from Zone 4 of the Flood Control and Water Conservation District for contributions to fish monitoring and water education efforts, as described in this report, as recommended by the Health Services Agency Director

34.   AUTHORIZED staff to continue to work with the Santa Cruz County Resource Conservation District and other partner agencies towards submittal of the full grant application for the State Water Resources Control Board's Consolidated Grant Program and approved related action, as recommended by the Health Services Agency Director and the Director of Public Works

35.   ACCEPTED AND FILED status report on the 2006 Continuum of Care Funding Application, as recommended by the Human Resources Agency Director

36.   ADOPTED RESOLUTION NO. 183-2006 authorizing the Multipurpose Senior Services Program for July 1, 2006 through June 30, 2007; and authorized the Human Resources Agency Director to execute the contract with the California Department of Aging in the amount of $777,451 for fiscal year 2006/2007, on behalf of the County, as recommended by the Human Resources Agency Director

37.   ACCEPTED AND FILED the 2005 Annual Report of the Children's Network; adopted RESOLUTION NO. 184-2006 accepting unanticipated revenue from the Community Based Child Abuse Prevention program (CBCAP) in the amount of $2,298 for fiscal year 2005/2006 and appropriate these funds as detailed; approved and authorized the Human Resources Agency (HRA) Director to sign various amendments to current contracts; and authorized the HRA Director to approve related actions, as recommended by the Human Resources Agency Director

38.   ACCEPTED AND FILED report on Large Family Child Care Homes and Agricultural Uses, as recommended by the Planning Director
(P)WBCS  Superviosr Pirie abstained because there is a child care home near her residence

39.   ACCEPTED low bid of Granite Construction Company in the amount of $763,763 for the Capitola Avenue Improvements, State Highway One to Soquel Drive, and authorized the award of contract; adopted RESOLUTION NO. 185-2006 accepting and appropriating unanticipated revenue in the amount of $20,988 from the Soquel Creek Water District (SCWD); approved reimbursement agreement between SCWD and the County of Santa Cruz for costs related to the SCWD items on the project, as recommended by the Director of Public Works
PWB(C)S  Supervisor Campos abstained because he owns stock in Granite Construction

40.   ADOPTED RESOLUTION NO. 186-2006 in support of an application to the California Integrated Waste Management Board for the Household Hazardous Waste Grant for fiscal year 2006/2007, as recommended by the Director of Public Works

41.   ACCEPTED AND FILED report on the three 2006 storm damage federal aid emergency projects, Bear Creek Road and Soquel San Jose Road and directed Public Works to return with a project status report on June 20, 2006, as recommended by the Director of Public Works

42.   ADOPTED RESOLUTION NO. 187-2006 certifying the County maintained road mileage, and approved related action, as recommended by the Director of Public Works

43.   APPROVED road closure and permit for the La Selva Beach 4th of July Parade, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 188-2006 approving and accepting terms and conditions of the contracts/rights-of-entry for the Fourteenth Avenue Improvement Project, East Cliff Drive to Merrill Street; made findings that the improvements are of benefit to the project area; authorized the Director of Public Works to sign the contracts/rights-of-entry; and approved payment of claims, as recommended by the Director of Public Works

45.   APPROVED amendment to the Contribution Agreement between the State of California and County of Santa Cruz for the State Route 17 retaining wall repair work at El Rancho Drive in order to extend the term of the agreement and adopted RESOLUTION NO. 189-2006; and approved related action, as recommended by the Director of Public Works

46.   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

47.   CONTINUED consideration of the Capital Improvement Program (CIP) to the individual departmental budget hearings, and directed the Public Works Department to present a Final 2006/2007 CIP on December 12, 2006 incorporating all changes that the Board adopts as a part of the 2006/2007 Budget hearings, as recommended by the Director of Public Works

48.   CONTINUED the bid opening for the 2005/2006 Rubberized Sealcoat project until 2:15 p.m. on August 3, 2006, in the Public Works conference room and directed Public Works to return on August 15, 2006 with a recommendation for award of the project, as recommended by the Director of Public Works

49.   AUTHORIZED payment in the amount of $429.60 to Jemco Business Machines, Incorporated for repair of a fax/copy machine for the Buena Vista Landfill, as recommended by the Director of Public Works

50.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, AUTHORIZED staff to continue working with other partnering agencies to submit a Step 2 grant application for Proposition 50, Chapter 8 funds; authorized the expenditure of $4,652.72 for the District's portion of grant consultant's work on the application; and authorized the District Engineer to sign the Memorandum of Agreement on behalf of the District, as recommended by the District Engineer

51.   SEE ITEM NO. 67.1 REGULAR AGENDA

52.   ACCEPTED the Highlands Park Tennis Court Resurface project as completed; approved final cost in the amount of $48,000; and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

53.   ADOPTED RESOLUTION NO. 190-2006 scheduling a public hearing on Tuesday, August 1, 2006, 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

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $979,390.78 for the cost of construction for the Capitola Avenue Improvement Project and approved related actions, as recommended by the Redevelopment Agency Administrator

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $17,550 of property acquisitions required for the Fourteenth Avenue Improvement Project and approved related actions, as recommended by the Redevelopment Agency Administrator

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED independent contractor agreement with Spacious Living Construction, Incorporated for general contractor services related to property management in an amount not-to-exceed $20,000 and authorized the Agency Administrator to sign the contract, as recommended by the Redevelopment Agency Administrator

57.   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.: James Cunningham v. County of Santa Cruz, et al.

Santa Cruz County Superior Court Case No. CV 150139

Case Name/No.: Rene Medina v. Santa Cruz County, et al.

Santa Cruz County Superior Court Case No. CV 150377

Case Name/No.: Pete Pearson, et al. v. County of Santa Cruz, et al.

Santa Cruz County Superior Case No. CV 145357

Case Name/No.: Joint Application of California-American Water Company, et al., for an Order Authorizing the Sale by Thames GmbH of up to 100% of the Common Stock of American Water Works Company, Inc. Resulting in a Change of Control of California-American Water Company and For Such Related Relief as May be Necessary to Effectuate Such Transaction. Public Utilities Commission Application No. 06-05-025

Case Name/No.: Ernestina Saldana, et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 149432; Sixth District Court of Appeal Case No. H028899

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property address: 187-A San Andreas Road, Watsonville APN 052-191-52

Property Owner: County of Santa Cruz

Proposed Buyer: The Regents of the University of California, a California Public Corporation

Negotiating Party: Peter Porfido, Public Works

REPORT OF COUNTY COUNSEL - In the matter of the Joint Application of California-American Water Company, et al., for an Order Authorizing the Sale by Thames GmbH of up to 100% of the Common Stock of American Water Works Company, Inc. Resulting in a Change of Control of California-American Water Company and For Such Related Relief as May be Necessary to Effectuate Such Transaction, the Board, by unanimous vote, decided to intervene in this action

In the matter of Rene Medina v. Santa Cruz County, et al.

Santa Cruz County Superior Court Case No. CV 150377, the Board, by unanimous vote, authorized County Counsel to settle this matter for $20,000, $16,000 of which will be coming from the County's medical malpractice insurance company
BPWCS  

REGULAR AGENDA

58.   CONSIDERED report on Genetically Engineered Food Crops in Santa Cruz County;

(1) accepted and filed report on genetically engineered crops in Santa Cruz County;

(2) directed the Health Services Agency Director to work with County Counsel to amend Chapter 7.30 of the Santa Cruz County Code adding section 7.30.090 to establish a Precautionary Moratorium that would prohibit the planting and production of genetically engineered crops in Santa Cruz County and return to the Board on June 20, 2006 for a public hearing and final approval; and

(3) directed the Health Services Agency to share the Genetic Engineering Report with state and federal legislators and requested that they take action to establish regulatory monitoring and oversight of genetically engineered crops, expand health and safety testing of the effects of exposure to genetically engineered organisms, expand the ability of farmers and the public to obtain legal recovery for damages caused by GE contamination, require GE labeling, and expand safeguards against GE contamination
WPBCS  

59.   Public hearing held to consider Application No. 05-0252 (Commercial Development - Mini-Storage facility and Honda car dealership, Rezoning and General Plan Amendment); APNs: 030-061-18, 19 and 20 (located on the north side of Soquel Drive, about 400 feet west from 41st Avenue, at 3711 and 3801 Soquel Drive in Soquel); Applicant: John Swift, Hamilton-Swift Land Use Consultants; Property Owners: Steven and Lesa John; Rob Marani - Store More;

closed public hearing;

(1) certified the mitigated Negative Declaration in accordance with the California Environmental Quality Act (Attachment 3);

(2) ADOPTED RESOLUTION NO. 191-2006 Changing the General Plan Land Use Designation for Assessor's Parcel Numbers 030-061-18, 19 and 20 from C-C to C-S (Attachment 1);

(3) ADOPTED ORDINANCE NO. 4825 Amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Numbers 030-061-18, 19 and 20 from the C-2 zone district to the C-4 zone district (Attachment 2); and

(4) approved Commercial Development Permit, Lot Line Adjustment, Riparian Exception, Sign Variance and Preliminary Grading Approval Number 05-0252 based on the findings (Attachment 4) and conditions (Attachment 5); with the following changes:

(a) on page 523, Condition IV E, change language to read: "that the bus pullout, sidewalk and shelter shall be constructed by the Applicant developer and fully operational prior to the clearance";

(b) correct error on page 520, under Condition II.M, the traffic trips for Store More should be 154 trips instead of 143;

(c) added new Section T to page 525 as follows: to require an annual report for three years to Environmental Planning regarding the monitoring of the establishment of the replacement trees as a part of the Riparian Restoration plan;

(d) under the Operational Conditions, Section V, add a procedural change to the conditions to modify CEQA mitigation monitoring to incorporate the new Condition V.T on page 525 regarding the monitoring of the riparian restoration;

(e) on page 525, under the operational condition O, dealing with landscaping, add a line that says "that the street trees shall not be topped or trimmed on top except in the case where they are interfering with wires"
BPWCS  

60.   Public hearing held to consider the Planning Commission's recommendation on proposed General Plan amendment and rezoning affecting three parcels along Greenbrae Lane and five parcels along Carriker Lane on the north side of Soquel Drive between 41st Avenue and Rodeo Gulch;

closed public hearing;

(1) certified the Negative Declaration (Attachment 4); and

(2) ADOPTED RESOLUTION NO. 192-2006 Approving Land Use Designation Amendments (Attachment 1) and adopted ORDINANCE NO. 4826 Amending Chapter 13.10 of the Santa Cruz County Code
PBWCS  

61.   Continued public hearing to consider ordinance amendments to Chapter 7.64 and 12.10 relating to Swimming Pool, Spa and Hot Tub Barriers regulations;

(1) considered public comments from those members of the public who cannot return to testify at the June 13, 2006 meeting; and

(2) continued public hearing to June 13, 2006
WBPCS  

62.   Continued public hearing on the certification of the ballots for the benefit assessment of County Service Areas No. 36, Forest Glen, Zone A (2nd District) and No. 51, Hopkins Gulch (5 District);

(1) continued the public hearing opened on May 23, 2006;

(2) accepted the certification of the results of the CSA No. 36, Forest Glen, Zone A and CSA No. 51, Hopkins Gulch elections and directed the Director of Public Works to retain the ballots for at least six months following the certification;

(3) ADOPTED RESOLUTION NO. 193-2006 authorizing and levying an assessment for road maintenance and operations within CSA No. 36, Forest Glen, Zone A, for the 2006/2007 fiscal year and each year following and adopted RESOLUTION NO. 194-2006 authorizing and levying an assessment for road maintenance and operations within CSA No. 51, Hopkins Gulch for the 2006/2007 fiscal year and each year following
WPBCS  

63.   Public hearing held on the proposed 2006/2007 sewer miscellaneous service charge reports for Sanitation County Service Area (CSA) No. 5, Sand Dollar Beach and Canon Del Sol: CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach;

(1) opened public hearing to hearing objections or protests, to the proposed 2006/2007 service charge report for CSA No. 5, Sand Dollar Beach and Canon Del Sol; CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 195-2006 confirming the service charge report for CSA No. 5, Sand Dollar Beach and Canon Del Sol; CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach; and

(4) staff corrected reference to the CSA No. 7, Boulder Creek service charge report proceedings and advised the Board the public hearing will be held on June 20, 2006 instead of August 1, 2006
WPBCS  

64.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held on the 2006/2007 Davenport County Sanitation District sewer and water service charge report;

(1) opened public hearing to hear objections, or protests, to the 2006/2007 sewer and water service charge report for Davenport County Sanitation District;

(2) closed public hearing and at the conclusion of the hearing, adopted RESOLUTION NO. 196-2006 confirming the 2006/2007 sewer and water service charge report for Davenport County Sanitation District;

(3) with additional direction that work be done on the feasibility of getting an Infrastructure Bank (I-Bank) loan and the terms that would apply; directed staff to set a meeting in Davenport to discuss the water situation and the possibilities for the different financing structures in order to involve the people in Davenport in this decision


WBPCS  

65.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on the 2006/2007 Freedom County Sanitation District sewer service charge report;

(1) opened public hearing to hear objections, or protest, to the sewer service charge report for the Freedom County Sanitation District;

(2) closed public hearing and at the conclusion of the hearing, adopted RESOLUTION NO. 197-2006 confirming the 2006/207 sewer service charge report for the Freedom County Sanitation District
PWBCS  

66.   CONSIDERED adopting in concept proposed ordinance amending Section 2.92.020 of the Santa Cruz County Code relating to the membership of the Hazardous Materials Advisory Commission;

approved "in concept" ordinance amending Section 2.92.020 of the Santa Cruz County Code relating to the membership of the Hazardous Materials Advisory Commission to return on June 20, 2006 for final adoption
WPBCS  

67.   CONSIDERED, in concept, ordinance correcting a clerical error in Section 9.57.040 of the Santa Cruz County Code relating to abandoned vehicles on streets and highways;

approved "in concept" ordinance correcting a clerical error in County Code Section 9.57.040 by adding the word "jurisdiction" to the end of that section to return on June 20, 2006 for final adoption
WPBCS  

67.1.   ACCEPTED AND FILED report regarding AgriCulture as the lead agency for the 2006 State Fair Display, with an additional direction that the Parks Department bring back a request for a monetary contribution during the 2006/07 budget hearings
PBWCS