Santa Cruz County Board of Supervisors Minutes: 3/4/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 7
Tuesday, March 4, 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.		Supervisor Almquist "absent" Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions and Deletions to the Consent Agenda; Deleted Item No. 14.1
4.		ORAL COMMUNICATIONS - one person addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   DELETED ITEM

8.   ACCEPTED AND FILED 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.   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.   ADOPTED ORDINANCE NO. 4707 Amending Subdivision H of Section 7.74.020 of the Santa Cruz County Code Relating to the Definition of Time of Sale

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

12.   SCHEDULED 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.   AUTHORIZED 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.   DEFERRED report on changes to the Campaign Contributions Ordinance until May 6, 2003, as recommended by County Counsel

14.1.   DELETED ITEM

15.   DEFERRED 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.   AUTHORIZED the County Fire Chief to sign Matching Funds agreements for fire service equipment and approved related actions, as recommended by the Emergency Services Administrator

17.   AWARDED contract to Joseph J. Albanese, Incorporated in the amount of $225,219 for the Hestwood Neighborhood Park project; authorized the Parks Director to notify the contractor and sign the agreement and associated documents on behalf of the Board; and approved change orders to 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.   DEFERRED status report on Foster Care Expenditures to March 18, 2003, as recommended by the Chief Probation Officer

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

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

24.   APPROVED 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.   ADOPTED RESOLUTION NO. 39-2003 in support of Assembly Bill 216, relating to the California Alcohol Policy Reform Initiative, and approved related actions, as recommended by Supervisor Pirie

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

26.   ACCEPTED 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.   ACCEPTED AND FILED annual report of the Public Health Commission, and approved related action, as recommended by Chairperson Pirie

28.   ACCEPTED AND FILED report on Living Wage as it relates to non-profit agencies and directed the Human Resources Agency Director to return 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

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

31.   SCHEDULED a public hearing on April 8, 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

32.   ACCEPTED AND FILED the 2002 Live Oak Parking Program Report; directed the Public Works Department to initiate the 2003 Live Oak Parking Program; approved 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 from the Live Oak Parking equipment repair reserve fund; approved transfer of $44,000 from the Department of Public Works Internal Service Fund to Equipment/Mobile Equipment; adopted RESOLUTION NO. 40-2003 Establishing 2003 Fees for Permit Parking in the Live Oak Beach Area; adopted RESOLUTION NO. 41-2003 Establishing the Live Oak Permit Parking Zone for 2003; and adopted RESOLUTION NO. 42-2003 Establishing the Period of Restricted Parking in the Live Oak Beach Area for 2003, as recommended by the Director of Public Works

33.   APPROVED 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.   AUTHORIZED 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.   ACCEPTED improvements for the Two Bar Road Storm Damage Repair project; approved final cost in the amount of $198,168.90; and authorized the Clerk of the Board to take related action, as recommended by the Director of Public Works

36.   AUTHORIZED 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.   ADOPTED RESOLUTION NO. 43-2003 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 directed Public Works to return 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.   ADOPTED RESOLUTION NO. 44-2003 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 authorized the Director of Public Works to take appropriate actions to secure this CIWMB grant funding, as recommended by the Director of Public Works

39.   ADOPTED RESOLUTION NO. 45-2003 accepting the offer of dedication of two parcels off Taylor Lane and directed the Clerk of the Board to have the resolution recorded by the County Recorder, as recommended by the Director of Parks, Open Space and Cultural Services

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

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

41.   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.: 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 - No report given

REGULAR AGENDA

42.   APPROVED 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
WBC/A/P

43.   CONSIDERED National Pollutant Discharge Elimination System (NPDES) Phase II permit application and Storm Management Plan and related actions;

(1) approved the National Pollutant Discharge Elimination System Phase II permit application and Storm Water Management Plan;

(2) authorized the Director of Public Works to submit the National Pollutant Discharge Elimination System Phase II permit application, Storm Water Management Plan, and permit fees up to $14,000 to the State Water Resources Control Board on behalf of the County of Santa Cruz and the City of Capitola; with additional direction to include a cover letter that states that the Board of Supervisors might be amending this Plan;

(3) authorized the Director of Public Works to sign the Notice of Intent on behalf of the County of Santa Cruz;

(4) with additional direction that staff report back on March 25, 2003 with a time line and a process for public input into this plan, as well as an outreach plan, evaluate the current programs requiring installation and maintenance of silt grease traps and make recommendations to assure long term viability, evaluate current practices for storage and detention of storm water to address particle pollutants and develop BMPs (Best Management Practices) for future policy consideration; and further directed that the goals should be in compliance with existing law
CWB/A/P

44.   Public hearing held to consider proposed final wireless communications facilities ordinance;

(1) motion made to hold an evening meeting on March 11, 2003;

(2) motion made to rescind the previous motion and continue the public hearing to the March 11, 2003 on the morning agenda
(1) BWc/A/P (no vote inaudible)
(2) WBC/A/P

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS