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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
March 4, 2003

9:00
  • Roll Call
  • Consent Agenda
  • Oral Communications
  • Scheduled and Regular Departmental Items
 12:00
  • Lunch
10:30
  • Recess
10:45
  • Scheduled and Regular Departmental Items
 7:30
  • Scheduled and Regular Departmental Items

  1. Roll Call
    Moment of Silence and Pledge of Allegiance

  2. Consideration of Late Additions to the Agenda

  3. Additions and Deletions to the Consent Agenda; and Action on the Consent Agenda

  4. ORAL COMMUNICATIONS - Any person may address the Board during its Oral Communications period. Presentations must not exceed three (3) minutes in length, and individuals may speak only once during Oral Communications. All Oral Communications must be directed to an item not listed on today's Agenda, and must be within the jurisdiction of the Board. Board members will not take actions or respond immediately to any Oral Communications presented, but may choose to follow up at a later time, either individually, or on a subsequent Board of Supervisor's Agenda. Oral Communications will normally be received by the Board for a period not to exceed thirty (30) minutes. If, at the end of this period, additional persons wish to address the Board under Oral Communications, the Oral Communications period may be continued to the last item on the Regular Agenda.

  5. Additions and Deletions to Regular Agenda

TRANSLATION SERVICES/SERVICIOS DE TRADUCCION
Spanish language translation is available on an as needed basis. Please make advance arrangements with the Clerk of the Board, in Room 500, or by telephone at (831) 454-2323.

Las sesiones de la Mesa Directiva de los Supervisores del Condado pueden ser traducidas del inglés al español y del español al inglés. Por favor haga arreglos anticipadamente con la Secretaria de la Mesa Directiva de los Supervisores en el cuarto número 500, o por teléfono al número (831) 454-2323.

ACCOMMODATIONS FOR PERSONS WITH DISABILITIES
If you are a person with a disability and wish to attend the meeting and you require special assistance in order to participate, please contact the Clerk of the Board at (831) 454-2323 (TDD number (831) 454-2123) at least 72 hours in advance of the meeting in order to make arrangements. Persons with disabilities may request a copy of the agenda in an alternative format. As a courtesy to those affected, please attend the meeting smoke and scent free. Note: The Board of Supervisors meetings are broadcast live on Comcast Cable Services, Channel 26. Agenda documents may be reviewed at the Office of the Clerk of the Board, Room 500, Governmental Center, and at the Santa Cruz Main Library.

******CONSENT AGENDA******

 

GENERAL GOVERNMENT

6.   Approve claims as submitted by the Auditor-Controller

7.   Item deleted

8.   Accept and file notification of continuing contracts received during the period of February 20, 2003 through February 26, 2003 and approved upon adoption of the 2002/2003 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.   Approve the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waive a detailed reading of said ordinances, as recommended by County Counsel

10.   Adopt Ordinance Amending Subdivision H of Section 7.74.020 of the Santa Cruz County Code Relating to the Definition of Time of Sale (approved "in concept" on February 25, 2003, Item No. 63)

11.   Reject the claim of Frances Marie Volpi, No. 203-077, and refer to County Counsel

12.   Schedule a public hearing on Tuesday, April 29, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider a proposed resolution of the Board of Supervisors finding and determining that Charter Communications Properties, LLC has committed material breaches of Chapter 5.24 of the Santa Cruz County Code and that "franchises to provide cable television services between the County of Santa Cruz, California and Charter Communications Properties, LLC", dated as of May 18, 1988, making certain findings of fact in relation thereto, imposing liquidated damages, and reserving certain further remedies, as recommended by the County Administrative Officer

13.   Authorize the District Attorney to submit a grant application in the amount of $130,000 to the Governor's Office of Criminal Justice Planning for an Elder Abuse Vertical Prosecution Program, as recommended by the District Attorney

14.   Defer report on changes to the Campaign Contributions Ordinance until May 6, 2003, as recommended by County Counsel

14.1   Accept the Statement of Vote for the Physicians Representation Unit Election held February 18 through 21, 2003 and declare the winner of the contest, as recommended by the County Clerk

15.   Defer report on the Zayante Fire Protection District's adoption of the Urban-Wildland Interface Code to April 8, 2003, as recommended by the Emergency Services Administrator

16.   Authorize the County Fire Chief to sign Matching Funds agreements for fire service equipment and take related actions, as recommended by the Emergency Services Administrator

17.   Award contract to Joseph J. Albanese, Incorporated in the amount of $225,219 for the Hestwood Neighborhood Park project; authorize the Parks Director to notify the contractor and sign the agreement and associated documents on behalf of the Board; and approve change orders and encumber $22,522 in addition to the contract amount to cover change order expenditures, as recommended by the Director of Parks, Open Space and Cultural Services and the Director of General Services

18.   Defer status report on Foster Care Expenditures to March 18, 2003, as recommended by the Chief Probation Officer

19.   Authorize the County Administrative Officer to approve expenditures for refreshments for the two Reclaiming Futures Conferences, as recommended by the Chief Probation Officer

20.   Accept nomination of Jessica Calhoun for appointment to the Children and Youth Commission as an at-large representative under age 18, for a term to expire April 1, 2003, with final appointment to be made March 11, 2003, as recommended by Supervisor Almquist

21.   Accept nomination of Dolores P. Olivo for appointment to the In-Home Supportive Services Advisory Commission, as an at-large representative of consumers, with final appointment to be made March 11, 2003, as recommended by Supervisor Campos

22.   Accept nomination of Donna Blitzer for appointment to the Workforce Investment Board, as an at-large representative of economic development agencies, for a term to expire June 30, 2004, with final appointment to be made March 11, 2003, as recommended by Supervisor Wormhoudt

23.   Approve appointment of Nadine Winslow to the Women's Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

24.   Approve appointment of Nancy E. Liverani to the Mental Health Advisory Board, in the category of "person with experience and knowledge of the mental health system," for a term to expire April 1, 2005, as recommended by Supervisor Pirie

24.1   Adopt resolution in support of Assembly Bill 216, relating to the California Alcohol Policy Reform Initiative, and take related actions, as recommended by Supervisor Pirie

25.   Accept and file annual report of the Planning Commission, and take related action, as recommended by Chairperson Pirie

26.   Accept notification of at-large vacancies on the Child Care Planning Council, Children and Families Commission, Children and Youth Commission, Emergency Medical Care Commission, Environmental Health Appeals Commission, Hazardous Materials Advisory Commission, Hazardous Materials Appeals Commission, Latino Affairs Commission, Managed Medical Care Commission and Water Advisory Commission, as outlined, with nominations for appointment to be received on March 18, 2003, and final appointments to be made March 25, 2003, as recommended by Chairperson Pirie

27.   Accept and file annual report of the Public Health Commission, and take related action, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

28.   Accept and file report on Living Wage as it relates to non-profit agencies and direct the Human Resources Agency Director to return to your Board on April 8, 2003 with recommendations for an implementation plan, including a plan for monitoring compliance with the non-wage provisions, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

29.   Schedule a public hearing on April 1, 2003, on the morning agenda, at 9:00 a.m. or thereafter, to consider recommendation of the Planning Commission regarding amendments to Santa Cruz County Code Section 13.10.322(b), 13.10.323(e)6, and 13.10.700-D regarding accessory structures, as recommended by the Planning Director

30.   Defer report back on discussions with the Commission on Disabilities regarding accessibility issues until April 1, 2003, as recommended by the Planning Director

31.   Schedule a public hearing on March 25, 2003, on the afternoon agenda, at 1:30 p.m. or thereafter, to consider Application No. 01-0445, a proposal to create 20 single-family lots ranging in size from 4,310 square feet to 6,447 square feet on a 3.1 acre site where a former convalescent home is to be removed, and to rezone the eastern half of Assessor's Parcel Number 029-381-17 from the Public Facility (PF) zone district to the Residential Single Family (R-1-4) zone district. This project requires a Rezoning, a Subdivision, a Residential Development Permit, and Preliminary Grading Approval for 1,700 cubic yards. The property is located in Live Oak on the west side of Mattison Lane approximately on quarter mile south of Highway 1; access from Mattison Lane; Applicant: Pacific Rim Planning Group; Owner: Ruth Findlay, as recommended by the Planning Director

32.   Accept and file the 2002 Live Oak Parking Program Report; direct the Public Works Department to initiate the 2003 Live Oak Parking Program; approve the purchase of one "pay and display machine" in an amount not-to-exceed $16,000 and the purchase of four electric vehicles in an amount not-to-exceed $28,000; approve transfer of $44,000; and adopt resolutions establishing parking fees, parking zones, and period of restricted parking, as recommended by the Director of Public Works

33.   Approve transfer of funds in the amount of $15,130 from County Service Area No. 54, Department of Public Works Services and $16,970 from Contingencies, for a total of $32,100 to Building and Improvements for property settlement, as recommended by the Director of Public Works

34.   Authorize the installation of one 70-watt residential street light within County Service Area No. 9, Zone A, on Harper Street at Brazil Lane in Santa Cruz, as recommended by the Director of Public Works

35.   Accept improvements for the Two Bar Road Storm Damage Repair project; approve final cost in the amount of $198,168.90; and take related action, as recommended by the Director of Public Works

36.   Authorize the Director of Public Works to make a partial release of the Faithful Performance Security submitted for Tract 1412, Clearwater Court in the amount of $145,000, as recommended by the Director of Public Works

37.   Adopt resolution authorizing the Public Works Department to submit an application for grant funding to the State Water Resources Control Board Pesticide Research and Identification of Source and Mitigation grant program for development of a vegetation management program, development of a GIS mapping system for spray areas, and for development of a demonstration livestock program for the vegetation management program, and direct Public Works to return to your Board on or before September 23, 2003 with a report on the outcome of this State Board grant application, as recommended by the Director of Public Works

38.   Adopt resolution in support of the County's submission of an application of the California Integrated Waste Management Board (CIWMB) for a Reuse Assistance Grant in the fiscal years 2002/2003 and 2003/2004 grant cycle to promote computer reuse, and authorize the Director of Public Works to take appropriate actions to secure this CIWMB grant funding, as recommended by the Director of Public Works

39.   Adopt resolution accepting the offer of dedication of two parcels off Taylor Lane and direct the Board of Supervisors to have the resolution recorded by the County Recorder, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve agency financing in the amount of $240,000 for the construction of Hestwood Park and take related actions, as recommended by the Redevelopment Agency Administrator

40.1   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve lease for the Live Oak Family Resource Center and take related actions, as recommended by the Redevelopment Agency Administrator

******CLOSED SESSION AGENDA******

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

41.   SCHEDULE A CLOSED PERSONNEL AND LITIGATION SESSION AT THE CONCLUSION OF THE BOARDS AGENDA, OR AT ANY OTHER TIME DURING THE COURSE OF THE MEETING ANNOUNCED BY THE CHAIRPERSON OF THE BOARD

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Case Name/No.: UACC West, Incorporated and United States Cable Television of Santa Cruz, Incorporated v. City of Santa Cruz and the County of Santa Cruz, California Case No. C-84-7546-SI

Case Name/No.: Charter Communications, et al. v. County of Santa Cruz, N.D. Federal Court Case No. C-99-1874 EAL

REPORT OF COUNTY COUNSEL - will be given at the conclusion of the closed session on any reportable action(s) taken in the closed session.

*****REGULAR AGENDA*****

42.   Consider appointment of Sara A. Koehring to the Children and Youth Commission, as an at-large representative under the age of 18, in accordance with Santa Cruz County Code Chapter 2.44, for a term to expire April 1, 2005
a. Letter of Supervisor Almquist of February 18, 2003
b. Application
43.   Consider National Pollutant Discharge Elimination System (NPDES) Phase II permit application and Storm Management Plan and consider related actions
a. Letter of the Director of Public Works of February 25, 2003
b. National Pollutant Discharge Elimination System Phase II Permit Application
c. Stormwater Management Plan
d. Stormwater management Program Financial Responsibilities Document
44.   7:30 P.M. SCHEDULED ITEM

Public hearing to consider proposed final wireless communications facilities ordinance

a. Letter of the Planning Director of February 24, 2003
b. Resolution Repealing County Code Section 13.10.659 - Interim Wireless Communication Facilities Ordinance and Adding County Code Section 13.10.660 et. seq. - Final Wireless Communication Facilities Ordinance, Including Associated Amendments to the General Plan/LCP and Zoning Ordinance Use Charts
c. Ordinance Repealing County Code Section 13.10.659 - Interim Wireless Communication Facilities Ordinance and Adding County Code Section 13.10.660 et. seq. - Final Wireless Communications Facilities Ordinance
d. Ordinance Amending Zoning Ordinance Use Charts, Adding Wireless Communication Facilities as an Allowed Use in Various Zoning Districts
e. CEQA
f. Strike through version of proposed Final WCF Ordinance showing changes from Interim WCF Ordinance
g. Telecommunication Policy Advisory Committee Roster
h. Planning Commission Resolution
i. Minutes of Planning Commission Meeting of January 29, 2003
j. Written transcript of portion of January 29, 2003 Planning Commission meeting following the close of public hearing
k. January 29, 2003 Planning Commission staff report
l. Correspondence received at January 29, 2003 Planning Commission Meeting
m. Various Correspondences

Regarding public hearing items: If any person challenges an action taken on the foregoing matter(s) in court, they may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the Board of Supervisors at or prior to the public hearing.

The time limit for seeking judicial review of any decision approving or denying an application for a permit, license or other entitlement, or revoking a permit, license or other entitlement is governed by Code of Civil Procedure Section 1094.6 and is no later than the 90th day following the date on which the decision is made (unless a shorter time limit is specified for the type of action by State or Federal law, in which case the shorter time limit shall apply).

        WRITTEN CORRESPONDENCE LISTING: The Written Correspondence Listing is established to act as a report of materials received by the Board as a whole but may also include items requested for inclusion by individual Supervisors. Upon completion of any actions deemed necessary (i.e. acknowledgment, referral, etc.), these items are included in the Written Correspondence Listing under the appropriate heading. While these items are not part of the official record of meetings of the Board of Supervisors, they will be maintained by the Clerk of the Board for a period of two years, after which time they may be destroyed after the County's Historic Resources Commission has been provided an opportunity for review.