Santa Cruz County Board of Supervisors Minutes: 8/7/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 20
Tuesday, August 7, 2007

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, Co = Coonerty, 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 Campos Absent
2.		Moment of Silence and Pledge of Allegiance
3.		ADDED to the Consent Agenda: Item No. 42.1 ADDED to the Closed Session Agenda, Item No. 43: CONFERENCE WITH LABOR NEGOTIATOR, Agency Negotiator: Director of Personnel, Employee organizations: General Representation Unit - Service Employees International Union Local No. 521
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 18, 2007, June 19, 2007, June 20, 2007, June 21, 2007, June 22, 2007, June 25, 2007, June 26, 2007, June 28, 2007 and July 9, 2007, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 21, 2007 through August 1, 2007 and approved upon adoption of the 2007/2008 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 Paul Goldstone, Claim No. 708-004, and referred to County Counsel

11.   REJECTED the claim of Michael Spence, Claim No. 607-114, and referred to County Counsel

12.   ACCEPTED AND FILED report on compensation for Association of Monterey Bay Area Governments (AMBAG) Directors, as recommended by the County Administrative Officer

13.   APPROVED three year agreement with Public Resources Management Group for the preparation of state mandated cost claims for $28,500 per year and approved related action, as recommended by the County Administrative Officer

14.   ADOPTED RESOLUTION NO. 224-2007 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) #919 - 41st/Clares Detachment, as recommended by the County Administrative Officer

15.   ADOPTED RESOLUTION NO. 225-2007 providing for a zero property tax exchange for Local Agency Formation Commission (LAFCO) #921 - Bowker Road Reorganization, as recommended by the County Administrative Officer

16.   AWARDED a contract to CAL INC in the amount of $351,800 for the Animal Services Facility Demolition, Abatement and Grading Project; adopted RESOLUTION NO. 226-2007 accepting and appropriating unanticipated revenue in the amount of $381,090 and approved related actions, as recommended by the General Services Director

17.   DEFERRED the Santa Cruz County Probation Department response to the Juvenile Justice and Delinquency Prevention Commission inspection report of the Juvenile Hall until August 28, 2007, as recommended by the Chief Probation Officer

18.   APPROVED contract with the Superior Court of California for court security services in the amount of $3,000,000; authorized the Sheriff-Coroner to sign the contract; and adopted RESOLUTION NO. 227-2007 canceling estimated revenues and appropriations in the amount of $113,103, as recommended by the Sheriff-Coroner

19.   ACCEPTED the Sheriff's Office Federal Annual Financial Certification report for equitable sharing funds for the 2006/2007 fiscal year, and authorized the Sheriff-Coroner and County Administrative Officer to sign the report, as recommended by the Sheriff-Coroner

20.   APPROVED gross pay adjustment for a Detention Bureau employee in the amount of $561.40, as recommended by the Sheriff-Coroner

21.   ACCEPTED AND FILED for the period ending June 30, 2007 the Treasurer's monthly Cash Report and Transaction Report, as recommended by the Treasurer-Tax Collector

22.   ACCEPTED AND FILED the report of the County's investment activities and holdings for the quarter ending June 30, 2007, as recommended by the Treasurer-Tax Collector

23.   APPROVED reappointment of Aurelio Gonzalez to the Housing Authority Board of Commissioners, as the representative nominated by the City of Watsonville, for a term to expire August 7, 2011, as recommended by Supervisor Campos

24.   APPROVED appointment of Joanna Phillips to the Arts Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

25.   APPROVED appointment of Arnecia Dynes James to the Commission on Disabilities for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

26.   APPROVED appointment of Sharon Sarris to the Energy Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

27.   APPROVED appointment of Liz Taylor-Selling to the Emergency Management Council for a term to expire April 1, 2009, as recommended by Supervisor Stone

28.   APPROVED appointment of Arnie Wernick to the Fire Department Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

29.   APPROVED appointment of Martina O'Sullivan to the Domestic Violence Commission, as the representative of Dominican Hospital, for a term to expire April 1, 2009, as recommended by Chairperson Beautz

30.   ACCEPTED notification of at-large vacancies on the Assessment Appeals Board, for two regular members and one alternate member, with nominations for appointment to be received on August 21, 2007, and final appointment to be considered on August 28, 2007, as recommended by Chairperson Beautz

31.   ADOPTED RESOLUTION NO. 228-2007 approving a change in name for the Santa Cruz County Resource Conservation District, as recommended by Chairperson Beautz

32.   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

33.   ACCEPTED AND FILED report on the Central Coast Alliance for Health and directed the Health Services Agency to return with the Annual Report at the first meeting in February 2008, as recommended by the Health Services Agency Director

34.   AUTHORIZED a County-sponsored General Plan Amendment and rezoning to redesignate Assessors Parcel Number (APN) 071-161-05 from Professional and Administrative Office to Single-Family Residential, as recommended by the Planning Director

35.   DEFERRED award of the contract for the 2007 Overlay Project until on or before August 21, 2007, with a correction to the staff report that the first sentence should read: "On June 26, 2007, your Board directed Public Works to return with a recommendation to award the subject project."

36.   SEE ITEM NO. 48.1 REGULAR AGENDA

37.   ACCEPTED low bid of Granite Construction Company in the amount of $1,045,045 for the Thirtieth Avenue Improvements, Portola Drive to Brommer Street; authorized award of contract; made related findings; approved reimbursement agreement between the City of Santa Cruz Water Department and the County of Santa Cruz; adopted RESOLUTION NO. 229-2007 accepting and appropriating unanticipated revenue in the amount of $64,660 from the City of Santa Cruz Water Department; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

38.   APPROVED Federal Apportionment Exchange Program and State Match Program Agreement; adopted RESOLUTION NO. 230-2007 approving Federal Apportionment agreement for exchange and State Match revenue in the amount of $324,813 and authorizing the Chairperson of the Board of Supervisors to sign the original and duplicate original agreement on behalf of the County, and approved related actions, as recommended by the Director of Public Works

39.   ACCEPTED the improvement of Fourteenth Avenue Improvements, East Cliff Drive to Merrill Street project; approved the final cost of $683,501.30; and approved related action, as recommended by the Director of Public Works

40.   APPROVED amendment of the 2007/2008 Road Budget to include Bear Creek Road Bridge No. 36C-0059 (post Mile 4.33 Emergency Erosion Control Measures) and North Rodeo Gulch Road (Post Mile 4.35) as Storm Damage Projects; ratified emergency requisition contract with Cazador Engineering, Incorporated in the amount of $135,000 including contingencies and extra work for the Bear Creek Road Bridge No. 36C-0059 Emergency Erosion Control Measures; and directed Public Works to return with an update on the Bear Creek Road Bridge emergency storm damage repair project on August 28, 2007, as recommended by the Director of Public Works

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED funds totaling $1,272,137.70 for the cost of a contract with Granite Construction for the Thirtieth Avenue Improvements (Portola Drive to Brommer Street) and approved related actions, as recommended by the Redevelopment Agency Administrator

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency Funds in the amount of $381,890 for the cost of the Animal Services Facility Demolition, Abatement, and Grading Project, and approved related actions, as recommended by the Redevelopment Agency Administrator

42.1.   APPROVED amendment to agreement with 123 Engineering, Incorporated for construction engineering support for the El Rancho Drive 2006 Storm Damage Repair Project at Highway 17 Beulah Park Undercrossing to a total not-to-exceed amount of $336,501.60; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

43.   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.: County of Santa Cruz v. Civil Services Commission of Santa Cruz County, Real Party in Interest George B. Jack, Case No. CV157028

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case.

Claim of Paul Goldstone Trust U.T.D. (owner of Alimur Mobile Home Park) Claim No. 708-004

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property Street Addresses:

At the Western Terminus of Kamian Avenue, Aptos

APN 040-081-06

Property Owner: S&P Carmichael Enterprises

Negotiating Party: Steve Carmichael

Negotiating Party: Ken Hill, Chief Real Property

Property Street Address:

3003 Buckingham Terrace, Santa Cruz

APN: 031-152-52

Property Owner: Jesus Alvarez

Proposed Buyer: County of Santa Cruz

Negotiating Party: Tom Burns, Planning Director

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organizations: General Representation Unit - Service Employees International Union Local No. 521

REPORT OF COUNTY COUNSEL - The Board of Supervisors voted three to one with Supervisor Campos absent, to allow an appeal of a claim of George B. Jack, Case No. CV 157028 from the Santa Cruz County Superior Court to the Sixth District Court of Appeals; the Board of Supervisors voted unanimously with Supervisor Campos absent, to settle a dispute over a property, Assessor Parcel Number 031-152-52, at 3003 Buckingham Terrace in Santa Cruz, and the Board authorized the purchase of that property for the amount of $246,750.00

REGULAR AGENDA

44.   Public hearing held to consider final approval of a Tentative Map and Coastal Development Permit to divide a 2.95-acre parcel, APN 038-081-36, into two separate parcels of 1.25 acres and 1.70 acres. Property Located on the northwest corner of Searidge Road and McGregor Drive in the Seacliff area of Aptos;

closed public hearing;

approved Minor Land Division and Coastal Development Permit 06-0452 as described in this report pursuant to the Findings (Attachments 2 and 3) and subject to the Conditions of Approval (Attachment 4)
PSCo/CA/B

45.   CONSIDERED adopting the urgency ordinance establishing permanent regulations consistent with Government Code Section 66427.5 for the processing and consideration of mobilehome park conversion applications;

closed public hearing;

ADOPTED ORDINANCE NO. 4880 as an urgency ordinance repealing Ordinance No. 4872 and enacting Chapter 14.08 of the Santa Cruz County Code establishing permanent regulations consistent with Government Code Section 664275.5 for the processing and consideration of mobilehome park conversion applications
PSCo/CA/B

46.   Public hearing held to consider County Service Area 9E-Streetscape Maintenance Assessment Service Charge Report for fiscal year 2007/2008;

closed public hearing;

ADOPTED RESOLUTION NO. 231-2007 confirming the Assessment Report for the 2007-2008 fiscal year for County Service Area No. 9E, Streetscape Maintenance
SPCo/CA/B

47.   Continued public hearing regarding County Service Area No. 9A Residential Lighting Annexation No. 01-2007, Madeline Drive;

closed public hearing;

(1) accepted the certification of the results of the County Service Area (CSA) No. 9A, Residential Lighting Annexation No. 01-2007 Madeline Drive election and directed the Director of Public Works to retain the ballots for at least six months following the certification;

(2) ADOPTED RESOLUTION NO. 232-2007 authorizing and levying an assessment for residential lighting service and maintenance within CSA No. 9A, Residential Lighting Annexation No. 01-2007 Madeline Drive for the 2007/2008 fiscal year and each year following
PSCo/CA/B

48.   APPROVED appointment of Patti Shevlin to the In-Home Supportive Service Advisory Commission, as an at-large representative in the category of "current or former provider-contract care," for a term to expire April 1, 2011

48.1.   APPROVED permit conditions for the August 26, 2007, Tour d'Organics Bike Ride event, and directed the Public Works Department to issue the ride permit upon receipt of the $100 processing fee, as recommended by the Director of Public Works
PCo/CA/SB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS