Santa Cruz County Board of Supervisors Minutes: 8/1/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 18
Tuesday, August 1, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 12, 2006, June 13, 2006, June 14, 2006, June 15, 2006, June 16, 2006, June 19, 2006, June 20, 2006 and June 22, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 15, 2006 through July 26, 2006 and approved upon adoption of the 2006/2007 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board
W(P)BCS Supervisor Pirie abstained on Senior Legal Services because her spouse is employed by this 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 Terry Simmons, Claim No. 506-098, and referred to County Counsel

11.   ADOPTED ORDINANCE NO. 4829 Amending Subdivision A of Section 2.02.060 of the Santa Cruz County Code Relating to the Compensation of the Board of Supervisors

12.   ADOPTED RESOLUTION NO. 241-2006 authorizing the temporary transfer of funds to various fire protection districts and authorized the Treasurer-Tax Collector to make the necessary transfer of funds from the County Treasury pursuant to the approved resolution, as recommended by the Auditor-Controller

13.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $468.88 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

14.   SCHEDULED a jurisdictional hearing on Tuesday, August 22, 2006 at 9:00 a.m. or thereafter to consider the appeal of the Planning Commission's denial decision regarding Application No. 04-0255, a proposal to construct a three story, five bedroom single-family dwelling and grade more than 1,000 cubic yards within Coastal Scenic Area (property located at 548 Beach Drive), as recommended by the Clerk of the Board
WP(B)CS Supervisor Beautz abstained because her spouse is the Civil Engineer/Land Surveyor who worked on this project

15.   APPROVED agreement between the Ow trusts; the City of Watsonville; MF Farming Company; Watsonville Wetlands Watch; and the County regarding Local Agency Formation Commission (LAFCO) No. 895 (Manabe-Burgstrom Annexation) and approved related action, as recommended by the County Administrative Officer
WPB(C)S Supervisor Campos abstained because he owns property which is within 300-400 feet of the area

16.   ACCEPTED the Statement of Vote for the June 6, 2006 Gubernatorial Primary Election and declared the winners for each contest under the Board's jurisdiction pursuant to Elections Code Section 15400, as recommended by the County Clerk

17.   APPROVED First Amendment to the Lease Agreement for tenant improvements for the Elections storage and service facility located at 2809 Mission Street, Santa Cruz, and authorized the County Clerk to sign the Amendment, as recommended by the County Clerk

18.   ACCEPTED status report on Energy Efficiencies Project at the Government Center Complex and directed the General Services Department to return on or before September 26, 2006 with a further report, as recommended by the Director of General Services

19.   APPROVED grant application for the Residential Substance Abuse Treatment (RSAT/SAFE) program for fiscal year 2005/2006 in the amount of $63,979.00; and authorized the Sheriff-Coroner to sign the grant application documents, as recommended by the Sheriff-Coroner

20.   APPROVED Detention Bureau contract amendment with the Criminal Justice Research Foundation to extend the term of the agreement to August 31, 2006; and authorized the Sheriff-Coroner to sign the amendment on behalf of the Board, as recommended by the Sheriff-Coroner

21.   APPROVED contract with American Alarm Company, Incorporated for Detention Bureau security electronics maintenance in the amount of $139,325.00; and authorized the Sheriff-Coroner to sign the amendment on behalf of the Board, as recommended by the Sheriff-Coroner

22.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending June 30, 2006, as recommended by the Treasurer-Tax Collector

23.   APPROVED appointment of Krista Pelikan to the Women's Commission for a term to expire April 1, 2009, as recommended by Supervisor Beautz

24.   APPROVED appointment of Albert Aramburu to the Planning Commission for a term to expire January 5, 2009, as recommended by Supervisor Pirie

25.   APPROVED appointment of Captain Todd Mayer to the Domestic Violence Commission, representing the Santa Cruz County Law Enforcement Chief's Association, as recommended by Chair Stone

26.   APPROVED appointment of Paul Helm to the Fire Department Advisory Commission, as an at-large representative of CDF County Fire, as recommended by Chair Stone

27.   ACCEPTED notification of at-large vacancy on the Domestic Violence Commission, for a representative of survivors of domestic violence, with nominations for appointment to be received on August 15, 2006, and final appointment to be made August 22, 2006, as recommended by Chair Stone

28.   ACCEPTED notification of at-large vacancy on the Assessment Appeals Board, with nominations for appointment to be received on August 15, 2006, and final appointment to be made August 22, 2006, as recommended by Chair Stone

29.   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

30.   ADOPTED ORDINANCE NO. 4830 adding Chapter 7.31 to the County Code relating to the establishment of a moratorium on Genetically Engineered Crops, as recommended by the Health Services Agency Director

31.   ACCEPTED AND FILED six-month report on the Central Coast Alliance for Health and directed the Health Services Agency to return with the next progress report at the second meeting in February 2007, as recommended by the Health Services Agency Director

32.   ACCEPTED AND FILED emergency project status report on the 2006 storm damage sites on Bear Creek Road and Soquel San Jose Road, as recommended by the Director of Public Works

33.   ACCEPTED AND FILED report on the emergency repairs to Vine Hill Road at P.M. 1.27 and directed Public Works to return on August 22, 2006, with a status report, as recommended by the Director of Public Works

34.   AUTHORIZED the Director of Public Works to waive advertising for bids and find that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency repair of storm damage on Cathedral Drive; authorized award of the emergency repair project to the lowest responsible bidder; adopted RESOLUTION NO. 242-2006 accepting unanticipated revenue of $87,750 from the Federal Emergency Management Agency and $29,000 from the State Office of Emergency Services and appropriate these funds into the proposed 2006/2007 Public Works' Road Budget; and directed Public Works to report back on August 22, 2006 with an emergency project status and funding update, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 243-2006 approving and accepting the terms and conditions of the agreements for the Amesti Elementary School Pedestrian and Bicycle Safety 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

36.   ACCEPTED improvement for the Thirty-Eighth Avenue and Garden Street Improvements project; approved final cost in the amount of $194,443.25; and authorized the Clerk of the Board to take related action, as recommended by the Director of Public Works

37.   APPROVED permit conditions for the August 5, 2006 Santa Cruz Mountain Challenge 2006 Bike Ride Event and directed the Public Works Department to issue the ride permit, as recommended by the Director of Public Works

38.   APPROVED ratification of bid award for the Buena Vista Drive Sanitary Landfill, Module 4B with Wood Brothers, Incorporated in the amount of $2,337,552.00, as recommended by the Director of Public Works

39.   ACCEPTED site improvements for Tract 1409, Atherton Place, Phase 2 (located on Cabrillo College Drive) as completed; and approved related actions, as recommended by the Director of Public Works

40.   APPROVED contract change order No. 1 in the amount of $64,700 for the Sixteenth Avenue Improvements, Capitola Road to Webster Street; authorized the Chairperson of the Board to sign the change order on behalf of the County; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

41.   SEE ITEM NO. 51.1 REGULAR AGENDA

42.   DEFERRED contract award for the Chanticleer Avenue Improvements, Brommer Street to Harper Street until August 22, 2006, as recommended by the Director of Public Works

43.   ACCEPTED improvement for the Kinsley Street Improvements, 17th Avenue to Lisa Lane project; approved final cost in the amount of $1,128,774.96; and authorized the Clerk of the Board to take related action, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 244-2006 accepting and appropriating $36,153 into Budget Unit 191152 to be used for resilient surfacing at Highlands County Park, as recommended by the Director of Parks, Open Space and Cultural Services

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Agency Administrator to sign an easement deed granting a permanent storm drainage easement to the Santa Cruz County Flood Control and Water Conservation District, Zone 5; approved Agency financing in the amount of $68,582 for Change Order No. 1 for the 16th Avenue Improvement Project; and approved related actions, as recommended by the Redevelopment Agency Administrator

46.   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.: 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

Case Name/No.: Big Creek Lumber Company, et al. v. County of Santa Cruz, et al. California Supreme Court Case No. S123659

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

47.   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 5, to convene and carry out a special meeting

48.   Public hearing held to consider proposed 2006/2007 service charge report and resolution confirming the service charges for County Service Area (CSA) No.11 - Park Debt Service;

(1) opened public hearing to hear objections or protests to the proposed 2006-2007 service charge report for CSA No. 11 - Parks Debt Service; and

(2) closed Public Hearing and adopted RESOLUTION NO. 245-2006 confirming the service charge for CSA No. 11 - Parks Debt Service
PWBCS

49.   Public hearing held to consider County Service Area No. 9E - Streetscape Maintenance Assessment Service Charge Report for fiscal year 2006/2007;

(1) closed public hearing; and

(2) adopted RESOLUTION NO. 246-2006 confirming the Assessment Report for the 2006-2007 fiscal year for County Service Area No. 9E, Streetscape Maintenance (Attachment 1)
BWPCS

50.   APPROVED "in concept" ordinance amending Sections 2.116.020 and 2.116.050 of the Santa Cruz County Code relating to the membership and responsibilities of the Long-Term Care Interagency Commission to return on August 15, 2006 for final adoption
PWBCS

51.   APPROVED appointment of Gerald K. (Skip) Fehr to the Water Advisory Commission, as an at-large representative of private or mutual water companies, in accordance with County Code Section 2.96.030, for a term to expire April 1, 2009
PCBWS

51.1.   ACCEPTED AND FILED status report on Roadside Vegetation Control and directed Public Works to return on November 21, 2006, with a summary of the first year results under the moratorium, as recommended by the Director of Public Works
WPBCS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS