Santa Cruz County Board of Supervisors Minutes: 10/8/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 28
Tuesday, October 8, 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.		All Supervisors present Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions to the Consent Agenda: Item Nos. 34.1, 34.3, 34.4, 34.5 and 34.6; and Deletions to the Consent Agenda: Item No. 34.2
4.		ORAL COMMUNICATIONS - 9 people addressed the Board
5.		Additions to the Regular Agenda: Item No. 41.1

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of September 24, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 26, 2002 through October 2, 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.   REJECTED the claim of Evangelina Garcia, No. 203-023, and referred to County Counsel

11.   REJECTED the claim of John Talbot, No. 203-026, and referred to County Counsel

12.   SEE ITEM NO. 41.2 REGULAR AGENDA

13.   ADOPTED RESOLUTION NO. 374-2002 extending the date of approval of the Final Budget of the County of Santa Cruz and Special Districts for which the Board of Supervisors is the governing board for the fiscal year 2002-2003 to October 22, 2002, as recommended the Auditor-Controller

14.   APPROVED the County's response to the 2001/2002 Grand Jury Final Report and approved related action, as recommended by the County Administrative Officer

15.   APPROVED contract amendment with Salas O'Brien extending the contract's ending date to 90 days after completion of project construction, as recommended by the Director of General Services

16.   APPROVED plans and specifications for the Mesa Village Sheriff's Office Service Center; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on November 5, 2002, as recommended by the Director of General Services

17.   AUTHORIZED the General Services Department to enter into an agreement with Norment Security Group for the acquisition and installation of an intercom system and the upgrade of electronic control panels at the Jail, at a cost not-to-exceed $123,562.25 and adopted RESOLUTION NO. 375-2002 accepting and appropriating $21,407.25 in unbudgeted SLESF Trust funds, as recommended by the Director of General Services

18.   DELETED ITEM

19.   ADOPTED RESOLUTION NO. 376-2002 amending Salary Resolution No. 279-75 to establish the classification and salary ranges for Principal Transportation Planner, as recommended by the Personnel Director

20.   ADOPTED RESOLUTION NO. 377-2002 determining Disability Retirement status of Safety employee, as recommended by the Personnel Director

21.   ACCEPTED nomination of Michael Bradshaw for appointment to the Long Term Care Interagency Commission, as an at-large representative of local independent living centers, for a term to expire April 1, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Almquist

21.1.   DELETED ITEM

22.   ACCEPTED nomination of James G. McKenna for reappointment to the Santa Cruz County Resource Conservation District Board of Directors for a term to expire November 24, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Pirie

22.1.   ACCEPTED nomination of Roberta K. Smith for reappointment to the Santa Cruz County Resource Conservation District Board of Directors for a term to expire November 24, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Wormhoudt

23.   ACCEPTED notification of at-large vacancy on the Housing Authority Board of Commissioners, for a tenant member, with nominations for appointment to be received on October 22, 2002, and final appointment to be made November 4, 2002, as recommended by Chairperson Beautz

24.   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

25.   DELETED ITEM

26.   AUTHORIZED submission of the Local Public Health Preparedness and Response to Bioterrorism Application for Funding, Plan and Budget to the California Department of Health Services; adopted RESOLUTION NO. 378-2002 accepting and appropriating unanticipated revenue in the amount of $403,214; directed the Health Services Agency Director to return on or before January 28, 2003 with the first Quarterly Status Report; and approved related actions, as recommended by the Health Services Director

27.   ACCEPTED AND FILED report on maintaining critical child welfare services; approved the addition of 5.0 FTE Social Worker I's, 1.0 FTE Social Work Supervisor II, and 1.0 FTE Senior Mental Health Supervising Client Specialist to the Health Services Agency budget and directed the Personnel Department to expedite the classification of these positions effective no later than October 26, 2002; adopted RESOLUTION NO. 379-2002 accepting and appropriating State funds to finance program costs; and directed the Health Services Agency and Human Resources Agency Directors to take related actions, as recommended by the Health Services Agency and Human Resources Agency Directors

28.   ACCEPTED AND FILED final Community Programs Facility Study; and directed the Human Resources Agency to return with further recommendations consistent with the final Community Programs Facility Study on November 5, 2002, as recommended by the Human Resources Agency Director

29.   APPROVED Santa Cruz County Cash Access Plan for the Electronic Benefit Transfer (EBT) system; directed the Human Resources Agency Director to recommend acceptance of the Cash Access Plan to the Health and Human Services Data Center and the California Department of Social Services; accepted and filed the report on the status of the implementation of EBT in Santa Cruz County; and directed the Human Resources Agency Director to return on or before departmental budget hearings in June 2003 to report on EBT implementation, as recommended by the Human Resources Agency Director

30.   DEFERRED report on illegal second units and program for legalization to November 26, 2002, as recommended by the Planning Director

31.   ADOPTED RESOLUTION NO. 380-2002 for right-of-way acquisition for Lake and Fifth Avenues Improvement project; approved payment of claim; and approved related actions, as recommended by the Director of Public Works

32.   APPROVED Independent Contractor Agreement with the Pajaro Valley Unified School District for construction of an all weather track using recycled waste tires for a not-to-exceed amount of $7,000 and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

32.1.   ADOPTED RESOLUTION NO. 381-2002 accepting the transfer of ownership of Assessor's Parcel Number 030-341-01, 08 and 09 (Anna Jean Cummings Park site) from the Redevelopment Agency to the County of Santa Cruz, as recommended by the Redevelopment Agency Administrator

33.   ACCEPTED AND FILED report on Harkins Slough Road Bridge project; approved amendment to agreement with Mark Thomas and Company, Incorporated increasing the contract by $65,398.21 for a not-to-exceed total of $527,177.49 for additional environmental review work related to Lee Road and utility service relocation for the project; authorized the Director of Public Works to sign the agreement on behalf of the County; approved amended revenue agreement with Pajaro Valley Unified School District in the increased amount of $79,091.99; authorized the Director of Planning to sign the agreement on behalf of the County; and directed Public Works to return to the Board on or before December 10, 2002 with a report on the status of the project, as recommended by the Directors of Planning and Public Works

33.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of property acquisitions for the Lake and Fifth Avenue Improvement project, as recommended by the Redevelopment Agency Administrator

33.2.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the Anna Jean Cummings Park project as completed; approved final cost in the amount of $3,505,502.47; directed the Clerk of the Board to file the Notice of Completion; adopted RESOLUTION NO. 382-2002 authorizing the transfer of Assessor's Parcel Number 030-341-01, 08 and 09 to the County of Santa Cruz; and approved related actions, as recommended by the Redevelopment Agency Administrator

34.   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.: Gabriel Neubauer v. County of Santa Cruz, WCAB 91471, Rehab Appeal 02-K-10082

Case Name/No.: Alan Johnson v. County of Santa Cruz, U.S. District Court Case No. C 02 0441 JW

Case Name/No.: Arreola, et al v. Monterey County, et al., Monterey Superior Court No. 105611; Monterey County Water Resources Agency v. County of Santa Cruz, et al., San Benito County Superior Court, Case No. 228382

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

Case Name/No.: Johnson v. McKinny, County of Santa Cruz Superior Court Case No. CV 141619

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

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

Position title/description: County Counsel

REPORT OF COUNTY COUNSEL - No report given

34.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED a public hearing on November 19, 2002, on the morning agenda, at 9:00 a.m. or thereafter to review progress on the Live Oak - Soquel Redevelopment Plan and the Five Year Implementation Plan, as recommended by the Redevelopment Agency Administrator

34.2.   DELETED ITEM

34.3.   ACCEPTED AND FILED Probation Department Progress Report to the Board of Corrections for the Crime Prevention Act of 2000 (Assembly Bill 1913) Programs, as recommended by the Chief Probation Officer

34.4.   ACCEPTED nomination of Tom Lukens for appointment to the Santa Cruz County Resource Conservation District Board of Directors for a term to expire November 24, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Pirie

34.5.   ADOPTED RESOLUTION NO. 383-2002 supporting the passage of Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, on the November, 2002 ballot, as recommended by Supervisor Almquist

34.6.   DIRECTED the Chairperson to write to the California Regional Water Quality Control Board requesting that a monitoring system be established with regard to the discharge of MTBE and TBA into Carbonera Creek, overseen by the County Environmental Health Department and operated at the cost of Shell Oil, and in the intervening time order Shell to continue trucking the effluent; and approved action, as recommended by Supervisor Almquist

REGULAR AGENDA

35.   Presentation made honoring California Children's Services for meeting the needs of children with special physical health care needs for 75 years

36.   Public hearing held to consider ordinance amending Chapter 7.92 of the Santa Cruz County Code relating to the Fire Code;

(1) conducted public hearing to hear objections or protests, to the proposed ordinance amending Chapter 7.92 of the Santa Cruz County Code relating to the Fire Code;

(2) closed public hearing;

(3) ADOPTED ORDINANCE NO. 4683 on an emergency basis to become effective immediately
AWPCB

37.   CONSIDERED proposed amendment to Santa Cruz County Code Section 19.01.070 relating to Code Compliance Appeals;

(1) accepted and filed report on Code Compliance Appeals;

(2) approved "in concept" ordinance amending County Code Chapter 19.01.070 authorizing delegation of the authority to hear code appeals to return on October 22, 2002 for final adoption;

(3) with additional directions that staff report back in December with comments on the steps the Planning Department might take to deal with the eventual reduction of "non-material" violations that create a major impediment in dealing with more serious violations; and report on possible changes to 12.01.070 that would give the Planning Director discretion to issue permits when other code violations exist on the property; the types of policies that might be necessary to guide that discretion; and more information on "non-material" violation criteria as it relates to issues such as parking and noise, and a comprehensive list of what non-material violations are
ACPWB

38.   CONSIDERED Ordinance amending Chapter 9.08 of the Santa Cruz County Code relating to speed limits;

approved "in concept" ordinance amending County Code Chapter 9.08, Speed limits to return on October 22, 2002 for final adoption; and directed Public Works to post the speed limits 31 days after final adoption of the ordinance
CWPAB

39.   CONSIDERED Ordinance amending Chapter 9 of the Santa Cruz County Code relating to stop intersections;

approved "in concept" ordinance for the installation of new stop signs on the County maintained roads to return on October 22, 2002 for final adoption
CPWAB

40.   APPROVED appointment of Karen O'Brien to the Workforce Investment Board, as an at-large representative of business, in accordance with County Code Chapter 2.110, Section 20, for a term to expire June 30, 2006
ACPWB

41.   CONSIDERED report of County Counsel regarding Cal-American Water Works acquisition;

accepted and filed report regarding Cal-American Water Works
AWPCB

41.1.   CONSIDERED recommendations regarding continuation of access to Ben Lomond Dam for community recreation purposes;

(1) directed the Parks, Open Space and Cultural Services Department to continue providing staff and logistical support for the Ben Lomond Dam program while it is permitted, and to work cooperatively with the Ben Lomond Business Association and Ben Lomond residents to take appropriate steps to seek re-permitting of the Dam;

(2) and directed the Parks, Open Space and Cultural Services Department to work with Supervisor Almquist's staff to submit a grant proposal for the next fiscal year to NOAA for the construction of a fish ladder aimed at a river restoration project which would meet National Marine Fisheries Service funding guidelines
APWCB

41.2.   APPROVED various budgetary transfers and realignment of appropriations for fiscal year 2001/2002; adopted RESOLUTION NO. 384-2002 accepting and appropriating $1,645,474 in unanticipated revenue from Realignment Funds for Realignment Program into the Health Services Agency budget; adopted RESOLUTION NO. 385-2002 accepting and appropriating $4,114,210 in unanticipated revenue from Operating Transfers for Police Protection-Other Program into the Custodial Funds budget; adopted RESOLUTION NO. 386-2002 accepting and appropriating $4,114,210 from Operating transfer IN for Extended Police Protection Program into the Custodial Funds budget; adopted RESOLUTION NO. 387-2002 canceling estimated revenues and appropriations; and adopted RESOLUTION NO. 388-2002 accepting unanticipated revenue in the amount of $53,600 from LO/Soq Tax Increment-LMIH Fund, as recommended by the Auditor-Controller
ACPWB

42.   Public hearing held to consider the Planning Commission's recommendation on County-initiated General Plan land use designation change and Zoning Ordinance amendment for three properties in the Aptos Planning Area;

closed public hearing; adopted RESOLUTION NO. 389-2002 approving the proposed changes to the land use designations of parcels 041-221-35 and 041-233-22 and zone districts of parcels 039-111-76, 041-221-35, and 041-233-22; adopted ORDINANCE NO. 4684 amending Chapter 13.10 of the Santa Cruz County Code changing the zoning of Assessor's Parcel Numbers 039-111-76, 041-221-35, and 041-233-22 in the Aptos planning area; and certified the Negative Declaration
PCWAB

43.   Public hearing held for special consideration of a proposal to increase production capacity at the RMC Pacific Materials Davenport Cement Plant from 875,000 tons annually to 980,000 tons annually. Requires a Commercial Development Permit and a Coastal Permit to amend 88-0188. Application No. 02-0159; Assessor's Parcel No. 058-071-04; Owner RMC Pacific Materials; Applicant: Jack Ritchey;

closed public hearing; approved Application Number 02-0159 based on the findings and conditions of approval; certified that the proposal is exempt from further Environmental Review under the California Environmental Quality Act (CEQA); with additional directions that the Planning Department report back the first meeting in April 2003 regarding the status of the application for review of the permit and additionally report back the first meeting in November 2003 regarding the status of the review before the Planning Commission; and make the following changes in language to condition 8.B of the Operational Conditions: add "On an average annual basis" to the beginning of the second sentence to read, "On an average annual basis a minimum of 75% of the total liquid usage in the cement plant gas conditioning towers shall consist of treated effluent" and in the third sentence place a coma after the word maintenance, replace the word "and" with the word "during" and add "or when health related problems exist as determined by the County Health Officer" to the end of the sentence, to read "Exceptions shall be made to the minimum effluent usage for periods of equipment breakdowns, maintenance, during periods when treated effluent is not available in sufficient quantities or when health related problems exist as determined by the County Health Officer"
WAPCB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS