Santa Cruz County Board of Supervisors Minutes: 8/27/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 23
Tuesday, August 27, 2002

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, A = Almquist; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.		Roll Call Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda, See Item No. 47
3.		Additions and Deletions to the Consent Agenda; See item No. 47.1
4.		ORAL COMMUNICATIONS - three people addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of August 13, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 15, 2002 through August 21, 2002 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.   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.   GRANTED application to file a late claim on behalf of Janine Hall, No. 203-008, and referred to County Counsel

11.   REJECTED the claim of Janine Hall, No. 203-008, and referred to County Counsel

12.   REJECTED the claim of Easy Care Kitchens & Baths, No. 203-009, and referred to County Counsel

13.   REJECTED the claim of James Nielsen, No. 203-012, and referred to County Counsel

14.   REJECTED the claim of Michael McGannon, M.D., No. 203-014, and referred to County Counsel

15.   ADOPTED RESOLUTION NO. 327-2002 fixing and levying the 2002/2003 tax rates as required by the State, as recommended by the Auditor-Controller

16.   INSTRUCTED the Auditor-Controller to issue replacement warrants for stale-dated checks, in the total amount of $26,142.85, as recommended by the Auditor-Controller

17.   SEE ITEM NO. 51.1 REGULAR AGENDA

18.   SEE ITEM NO. 51.2 REGULAR AGENDA

19.   APPROVED Independent Services Contract with Applied Survey Research in an amount not-to-exceed $55,000 to complete a Comprehensive Economic Development Strategy Report, funded by federal technical assistance grant funds; authorized the County Administrative Officer to sign the contract; and approved related actions, as recommended by the County Administrative Officer

20.   ACCEPTED AND FILED report on the Watsonville Court Facility and 200 Main Street Project; directed the County Administrative Officer to report back on or before October 22, 2002 with a revised Memorandum of Understanding (MOU) and a Lease Agreement with the City of Watsonville; and approved an agreement with Griffin Realty in the amount of $28,500 for cost estimating services through schematic design and pre-construction project management services for the County/Courts tenant improvements, as recommended by the County Administrative Officer

21.   ADOPTED RESOLUTION NO. 328-2002 approving an Application for Consideration of Funding for grant funds available from the Voting Modernization Bond Act of 2002 (Proposition 41); directed the County Clerk, Auditor-Controller and County Administrative Officer to return at or before budget hearings with an update and recommendations on the feasibility of implementing a voting modernization strategy including financing options; and approved related actions, as recommended by the County Clerk

22.   ADOPTED RESOLUTION NO. 329-2002 authorizing the District Attorney to reapply to the State Department of Insurance for $67,481 in fiscal year 2002/2003 Automobile Insurance Fraud funds, as recommended by the District Attorney

23.   DECLARED various vehicles to be surplus to County needs and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

24.   DEFERRED report on Living Wage Exemption Criteria until September 17, 2002, as recommended by the Director of General Services

25.   ACCEPTED AND FILED report on improvements within the Board of Supervisors' Chambers, as recommended by the Director of General Services

26.   AUTHORIZED the Personnel Director to accept the Life, Vision and Dental Insurance Renewals with ING, Vision Service Plan (VSP), and Private Medical Care, Incorporated (PMI) through September 2003, as recommended by the Personnel Director

27.   ADOPTED RESOLUTION NO. 330-2002 determining Disability Retirement status of Safety employee, as recommended by the Personnel Director

28.   ACCEPTED Federal Annual Equitable Sharing Financial Certification Report documenting use of drug asset funds for fiscal year 2001/2002 and approved related actions, as recommended by the Sheriff-Coroner

29.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending July 31, 2002 and approved related action, as recommended by the Treasurer-Tax Collector

30.   DIRECTED the Santa Cruz County Redevelopment Agency to cease all work on the proposed San Lorenzo Valley Redevelopment Project Area, and take the necessary steps to return all remaining appropriated funds from the study to the General Fund, as recommended by Supervisor Almquist

31.   DELETED ITEM

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.   APPROVED contracts with the Child Abuse Prevention Council (CAPC) in the amount of $1,575 to provide parent education panels and in the amount of $3,425 to support the Camp Confidence summer day camp; approved the continuing contract with the United Way of Santa Cruz County in the amount of $36,738 for Family Resource Network (FRN) staff support; and authorized the Human Resources Agency Director to sign and execute these contracts, as recommended by the Human Resources Agency Director

34.   APPROVED gross pay adjustment in the amount of $105.90 and compensatory time adjustment for 20 hours, as recommended by the Human Resources Agency Director

35.   AUTHORIZED the Human Resources Agency, working with the Auditor-Controller's office, to take any necessary actions to accept sponsorship payments related to Workforce Investment Board event; cover any shortfall associated with the event; and make use of any excess revenues, as recommended by the Human Resources Agency Director

36.   AUTHORIZED the Human Resources Agency Director to sign the contract with the Community Action Board, Incorporated for emergency pre-eviction services, and adopted RESOLUTION NO. 331-2002 accepting and appropriating unanticipated revenue in the amount of $100,000 from the Redevelopment Agency, as recommended by the Human Resources Agency Director

37.   ADOPTED RESOLUTION NO. 332-2002 accepting and appropriating unanticipated revenue in the amount of $51,603 from the Office of Child Abuse Prevention and $30,000 from TANF Incentive funds; approved contract amendment with Santa Cruz Community Counseling Center; and authorized the Human Resources Agency Director to execute the contract amendment, as recommended by the Human Resources Agency Director

38.   SCHEDULED a public hearing on September 24, 2002, on the morning agenda, at 9:00 a.m. or thereafter to consider the 2003 Growth Goal, as recommended by the Planning Director

39.   APPROVED independent contractor agreement for an amount not-to-exceed $100,000 for the 2002/2003 fiscal year, with Republic Electric for traffic signal and highway safety lighting maintenance over the next three years and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

40.   APPROVED Request for Proposals for engineering services for the Aptos Village Traffic Study and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

41.   ACCEPTED AND FILED report on Bonny Doon Road Storm Damage Repairs at post mile (PM) 0.69 and 0.74; directed Public Works to bid the PM 0.74 project in the winter 2002; and directed Public Works to return on or before May 20, 2003 with a report on the future status of the PM 0.69 project site, as recommended by the Director of Public Works

42.   APPROVED road closure for the Celebrate Soquel - 150 Years Festival; and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

43.   APPROVED amendment to agreement with Valley Women's Club of San Lorenzo Valley for operation of the drop-off recycling facilities at Ben Lomond Transfer Station through 2002/2003 fiscal year for a not-to-exceed amount of $221,500; approved amendment to agreement with Valley Women's Club of San Lorenzo Valley for operation of recycling facilities in Boulder Creek and Felton through 2002/2003 fiscal year for a not-to-exceed amount of $46,000; authorized the Director of Public Works to sign agreements on behalf of the County, as recommended by the Director of Public Works

44.   APPROVED independent contractor agreement with Ecology Action in the not-to-exceed amount of $130,260 for solid waste public information services and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

45.   ADOPTED RESOLUTION NO. 333-2002 accepting and appropriating unanticipated revenue in the amount of $91,766 from the California Department of Fish and Game for the Road Crossing and Salmonid Passage Assessment Project Consultant Selection; approved independent contractor agreement with Ross Taylor and Associates for environmental consulting services in the amount of $41,619.38; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

46.   AS THE BOARD OF DIRECTORS OF THE COUNTY OF SANTA CRUZ FLOOD CONTROL AND WATER CONSERVATION DISTRICTS, ZONES 6 AND 8, SCHEDULED a public hearing on September 24, 2002, on the morning agenda, at 9:00 a.m. or thereafter to considered modifications to the Unified Fee Schedule, as recommended by the Director of Public Works

47.   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.: Willowbrook HOA, Friends of Porter Gulch, Diana Hunter, Terrel Hoffman, and Priscilla Weiss v. County of Santa Cruz [Atherton Place Development LLC, Real Parties in Interest], Santa Cruz County Superior Court Case No. CV 143466

ACCEPTED request to add late item to the Closed Litigation Session that the Board of Supervisors determined by four-fifths vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Appeal of Timber Harvest THP 1-00-247, SCR Major Amendment #1

WCPAB

LIABILITY CLAIMS

Claimant(s): Bryant Rene Smith and Jan Day Smith, Claim No. 102-139

EXECUTIVE SESSION CONTINUED TO SEPTEMBER 3, 2002 at 9:00 A.M.

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: County Administrative Officer and Personnel Director

Employee organization: SEIU

WAPCB

REPORT OF COUNTY COUNSEL - No report given

47.1.   APPROVED appointment of Sheryl Bailey to the Women's Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos

REGULAR AGENDA

48.   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 special closed session meeting

49.   Public hearing held to consider Planning Commission recommendation to amend County Code Chapter 13.10 to rezone certain parcels in the County to and from the Historic Landmark ("L") Combining Zone District, and to correct the historical rating of two properties;

Closed public hearing; adopted ORDINANCE NO. 4679 amending Chapter 13.10 of the County Code to rezone properties consistent with their designation as historic resources; certified the California Environmental Quality Act (CEQA) exemption; and adopted RESOLUTION NO. 334-2002 to revise the historic rating of Assessor's Parcel No. (APN) 039-232-03 from National Register (NR)4 to NR3, and revised the rating of APN 042-222-48 from NR5 to NR3
WPCAB

50.   Public hearing held to consider Planning Commission recommendation to amend Santa Cruz County Code Chapter 13.10.631(e)1 regarding the definition of "Farm Worker";

Closed public hearing; adopted RESOLUTION NO. 335-2002 amending the General Plan/Local Coastal Program Implementation Plan, County Code Section 13.10.631(e)1; adopted ORDINANCE NO. 4680 amending Section 13.10.631(e)1 of the Santa Cruz County Code regarding the definition of "Farm Worker"; certified the environmental determination that the proposed amendment is exempt from further review under the California Environmental Quality Act (CEQA); and directed the Planning Department to submit the amendment to the California Coastal Commission for review and approval
CWPAB

51.   APPROVED appointment of Dorian Seamster to the Managed Medical Care Commission, as an at-large representative of a non-governmental community clinic, in accordance with County Code Chapter 7.59, Section 30, for a term to expire April 1, 2003
CWPAB

51.1.   ACCEPTED AND FILED REPORT on County's membership in the Association of Monterey Bay Area Governments (AMBAG); and authorized the Auditor-Controller to pay the County's 2002-03 membership dues
PCWaB

51.2.   ADOPTED RESOLUTION NO. 336-2002 reappointing David W. Moeller as the Agricultural Commissioner/Sealer of Weights and Measures for Santa Cruz County, as recommended by the County Administrative Officer
ACPWB

52.   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

53.   RECEIVED bids regarding Lomond Terrace-CSA #28 Road Improvement Project, Phase 3 (5th District) and referred to the Public Works Department to return on or before September 10, 2002 with a recommendation on awarding of bid
WP(C)AB

54.   RECEIVED bids regarding Redwood Road Storm Damage Repair Project and referred to Public Works to return same day with a recommendation on awarding of bid
CAPWB

55.   RECEIVED bids regarding Larkin Valley Road Storm Damage Repair and referred to the Public Works Department to return on or before September 17, 2002 with a recommendation on awarding of bid
CWPAB

56.   Public hearing held to consider the proposal to rezone Assessor's Parcel Number 027-221-16 from the Neighborhood Commercial (C-1) zone district to the Visitor Accommodation (VA) zone district to facilitate the development of a 10-room inn. Requires a Rezoning, a Variance, a Coastal Permit, a Commercial Development Permit, Preliminary Grading, and a Roadway/Roadside Exception. The property is located in Live Oak on the northeast corner of the intersection of 13th Avenue and East Cliff Drive within the East Cliff Village Tourist Area Special Coastal Community; access to the property is via 13th Avenue; Application Number: 00-0030; Applicant: Steve Pace; Owner: Roger Pace;

the Board was advised of a correction to the staff report, on page 13, Condition II.A.4., line 3, "12 off site parking spaces" should read "12 on site parking spaces", closed public hearing; approved staff recommendations based on the findings and conditions as follows: (a) certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act (CEQA); (b) approved Rezoning, Variance, Roadway/Roadside Exception, Coastal Permit, Commercial Development Permit, and Preliminary Grading Application No. 00-0030 and adopted ORDINANCE NO. 4681 Amending Chapter 13.10 of the Santa Cruz County Code that conditionally rezones Assessor's Parcel Number 027-221-16 Zone District to the VA Zone District
AWPCB

57.   CONTINUED TO SEPTEMBER 17, 2002 public hearing to consider Application No. 01-0557, as a special consideration by the Board of Supervisors, pursuant to Santa Cruz County Code Section 18.10.350
WCPAB

58.   ACCEPTED low bid of Conley Construction of Santa Cruz in the amount of $178,090 for the Redwood Road Storm Damage Repair project and authorized the award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County of Santa Cruz
ABPWC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS