Santa Cruz County Board of Supervisors Minutes: 2/11/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 5
Tuesday, February 11, 2003

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 and Deletions to the Consent Agenda; added Item Nos. 49.1 and 49.2
4.		ORAL COMMUNICATIONS - five 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 January 28, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of January 30, 2003 through February 5, 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.   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 Sharon Ashadina, No. 203-065, as insufficiently filed and referred to County Counsel

11.   REJECTED the claim of Robin Ann McLean, No. 203-066, as insufficiently filed and referred to County Counsel

12.   DENIED the application to file a late claim on behalf of Brian N. Patrovsky, No. 203-067, and referred to County Counsel

13.   DENIED the application to file a late claim on behalf of Pat Trolan, No. 203-068, and referred to County Counsel

14.   REJECTED the claim of Michael Hartrich, No. 203-073, and referred to County Counsel

15.   ADOPTED ORDINANCE NO. 4706 Amending Chapter 9.28 of the Santa Cruz County Code Relating to Stop Intersections

16.   APPROVED and adopted the Santa Cruz County 2003 Investment Policy, as recommended by the Treasurer-Tax Collector

17.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending December 31, 2002, as recommended by the Treasurer-Tax Collector

18.   SEE ITEM NO. 48.1, REGULAR AGENDA

19.   ACCEPTED AND FILED annual report of the Historic Resources Commission, and approved related action, as recommended by Chairperson Pirie

20.   ACCEPTED AND FILED annual report of the Latino Affairs Commission, and approved related action, as recommended by Chairperson Pirie

21.   ACCEPTED AND FILED annual report of the Mobilehome Commission, and approved related action, as recommended by Chairperson Pirie

22.   ACCEPTED AND FILED annual report of the Seniors Commission, and approved related action, as recommended by Chairperson Pirie

23.   ACCEPTED AND FILED annual report of the Civil Service Commission, and approved related action, as recommended by Chairperson Pirie

24.   ACCEPTED AND FILED annual report of the Santa Cruz-Monterey County Managed Medical Care Commission, and approved related action, as recommended by Chairperson Pirie

25.   ACCEPTED AND FILED annual report of the Environmental Health Appeals Commission, as recommended by Chairperson Pirie

26.   ACCEPTED AND FILED annual report of the Long Term Care Interagency Commission, and approved related action, as recommended by Chairperson Pirie

27.   DIRECTED the Chairperson to write to the California Public Utilities Commission and request that they hold hearings to determine whether the proposed "Path 15" transmission line upgrade would be of benefit to the residents of the State of California, and approved related action, as recommended by Chairperson Pirie

28.   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

29.   AUTHORIZED the Health Services Agency Director to sign amendments to agreements extending the time for completion of efforts related to the San Lorenzo River Watershed Plan Update, and approved related actions, as recommended by the Health Services Agency Director

30.   AUTHORIZED the Health Services Agency Director to sign grant award agreement with the California Department of Alcohol and Drug Programs for Safe and Drug-Free Schools and Communities funds; adopted RESOLUTION NO. 23-2003 accepting and appropriating $100,000 of unanticipated revenue; and approved related action, as recommended by the Health Services Agency Director

31.   APPROVED request for transfer of budget appropriations within the Human Resources Agency General Assistance budget, as recommended by the Human Resources Agency Director

32.   APPROVED submission of the 2003 application to the National Association of Counties "Counties Care for Kids" award program, as recommended by the Human Resources Agency Director

33.   AUTHORIZED the Human Resources Agency Director to amend the contracts with the Homeless Services Center and Salvation Army to add 10 additional shelter nights; adopted RESOLUTION NO. 24-2003 accepting and appropriating unanticipated revenue in the amount of $49,319; and authorized the Human Resources Agency Director to take any other necessary actions related to the provision of emergency winter shelter in the 2002/2003 fiscal year, as recommended by the Human Resources Agency Director

34.   CONTINUED TO FEBRUARY 25, 2003 report on the Planning Department's update to the Policy Interpretation Binder

35.   SEE ITEM NO. 48.2 REGULAR AGENDA

36.   ACCEPTED AND FILED report on Code Compliance Program; directed staff to return on April 1, 2003 with a proposed amendment to County Code Section 12.01.070, with revised criteria for classifying and addressing code violations, and with information on the existing inventory of violations by type, as recommended by the Planning Director

37.   APPROVED proposed route concept for Brommer Street from Seventeenth Avenue to Capitola city limits, as recommended by the Director of Public Works

38.   ACCEPTED AND FILED report on the Cabrillo College Soquel Drive and Cabrillo College Drive roadway improvements; adopted RESOLUTION NO. 25-2003 accepting and appropriating $750,000 of unanticipated revenue; directed Public Works to report back on or before June 10, 2003 with a report on the Cabrillo College Drive right-of-way, as recommended by the Directorof Public Works

39.   APPROVED Schedules for 2003/2004 County Service Area benefit assessment and service charge approval process; directed Public Works and the County Administrative Office to schedule budget hearings for County Service Areas for Friday, June 20, 2003, as recommended by the Director of Public Works

40.   APPROVED specifications and engineer's estimate for the 2002/2003 Pavement Management Dig-out project; authorized calling for bids; set the bid opening on Tuesday, March 11, 2003 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works

41.   APPROVED plans, specifications and engineer's estimate for the Buena Vista Landfill Gas Management System, Modules 3 and 6; set the bid opening for Tuesday, March 11, 2003 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works

42.   APPROVED amendment to agreement with Bowman and Williams Consulting Civil Engineers in the increased amount of $8,458 for a total not-to-exceed amount of $164,788 for additional survey work to locate boundary monuments for the State Park Drive Improvement project; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

43.   ACCEPTED improvements for the Soquel Drive at Aptos Creek Bridge Seismic Retrofit; approved final cost of $1,252,734.51; and approved related action, as recommended by the Director of Public Works

44.   ACCEPTED improvement for the Lomond Terrace, County Service Area (CSA) No. 28, Road Improvement Project, Phase 3 (5th District); approved final cost in the amount of $26,837.54; and approved related action, as recommended by the Director of Public Works

45.   ACCEPTED certification of the results of County Service Area (CSA) No. 59, McGaffigan Mill Road (5th District); directed the Director of Public Works to retain the ballots for at least six months; and adopted RESOLUTION NO. 26-2003 authorizing and levying assessment for bridge and road maintenance and operations within the CSA for fiscal year 2003/2004 and each year following, as recommended by the Director of Public Works

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, DIRECTED staff from Zone 4 and the Santa Cruz County Flood Control and Water Conservation District (SCCFC and WCD) to review and pursue potential grant funding sources to contract for professional assistance related to obtaining water rights and developing off-stream reservoirs for the Coast Dairies Ranch property; directed Zone 4 staff and the SCCF and WCD to review hydrology and land management plans developed by the Trust for Public Lands for additional background data and information to support process of exploring a permanent solution to preserving agricultural land uses on the property; and directed Public Works and Planning to report back on June 10, 2003, with a status report on continued agriculture on Coast Dairies Ranch, as recommended by the Director of Public Works

47.   APPROVED amendments to the contracts with James Aschbacher to extend the terms of the agreements until June 30, 2003 or until the projects are completed and authorized the Director of Parks, Open Space and Cultural Services to sign the agreements on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

48.   ACCEPTED AND FILED status report on Seasonal Farmworker Housing Pilot project; and directed staff to report back on October 7, 2003 with an additional status report on the Farmworker Housing Pilot Project, as recommended by the Redevelopment Agency Administrator

REGULAR AGENDA

48.1. APPROVED recommendation authorizing that the County Board of Supervisors join the Wo/Man's Alliance for Medical Marijuana (WAMM) lawsuit challenging DEA raids on their medical marijuana activities as one of the plaintiffs, with the understanding that this will involve no cost to the County, as recommended by Supervisor Wormhoudt
WABcP

48.2. CONTINUED TO FEBRUARY 25, 2003 report on earlier notification for projects requiring public hearing at Levels V, VI, and VII
AWBCP

CONSENT AGENDA

49.   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.: Arreola, et al v. Monterey County, et al., Monterey Superior Court No. 105611

REPORT OF COUNTY COUNSEL - No report given

49.1.   APPROVED appointment of Elizabeth Falconi to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt

49.2.   APPROVED appointment of Rick Jones to the Planning Commission, as the alternate Fifth District representative, for a term to expire January 3, 2005, as recommended by Supervisor Almquist

REGULAR AGENDA

50.   CONTINUED TO MARCH 11, 2003 Ordinance amending Chapter 2.33 of the Santa Cruz County Code relating to the Local Hiring of Apprentices; with additional directions to return with: (a) revised language on the issue of exemption from the apprenticeship requirement based on the lack of availability of apprentices; (b) address the issue of the State form and the boxes that have been checked; (c) provide information on the 72 hour issue; (d) information on the State Laws regarding apprenticeship programs and how the legitimate fee of those programs is verified
WABCP

51.   CONTINUED TO FEBRUARY 25, 2003 response to recommendations regarding Structural Changes to Permit Processing in the Santa Cruz County Planning Department; directed staff to report back with a workplan and timeline to report on the issues, provisionally agreeing that the recommendations will be divided into two categories as follows: (A) "non-controversial", Board recommendations 1,2,3,4,5,7,9,11,12,13 and 14 (in Attachment 1), and these would be the subject of periodic progress reports; (B) "controversial", Board recommendations 6, 8 and 10 (combined), 15,16,17 and 18, which require more detailed analysis of policy alternatives, how these items would be scheduled for hearing, and which of these might be sufficiently controversial to require a night hearing; and additionally directed staff to provide information on the status of the "single point of contact" system, the cost differences for the three options proposed for the Volume II Review Task Force, a report on debriefing new employees, clarification of the meaning of "investigation thresholds", as well as step-by-step instructions on the use of the on-line tutorial system; directed staff to return on June 10, 2003 with the Administrative Interpretations Binder update
AWBCP

52.   RECEIVED bids regarding Hestwood Neighborhood Park Project and referred to General Services to return on or before March 4, 2003 with a recommendation on awarding of bid
AWB/C/P

53.   Continued De Novo public hearing to consider the appeal of the Planning Commission's policy determination that the use proposed under Application 01-0151 is consistent with the allowed uses in the Residential Agriculture zone district and with the Rural-Residential General Plan designation. (A maximum of one hour of public testimony will be heard); Assessor's Parcel No.: 041-281-59; Appellant: Rural Aptos Community Association (RACA); Owner: JoAnn Siemsen;

(1) closed public hearing;

(2) denied appeal and upheld the Planning Commission's policy interpretation that the use proposed under Application 01-0151 is consistent with the allowed uses in the Residential Agriculture zone district and with the Rural-Residential General Plan designation
AWBCp

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS