Santa Cruz County Board of Supervisors Minutes: 3/18/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 9
Tuesday, March 18, 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; Item Nos.43, 43.1 and 43.2
4.		ORAL COMMUNICATIONS - six 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 March 4, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 6, 2003 through March 12, 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 Domingo Lloyd Alonzo, No. 203-080, and referred to County Counsel

11.   ACCEPTED AND FILED status report on foster care expenditures, with a further report on April 29, 2003, as recommended by the Chief Probation Officer, and the Human Resources Agency and Health Services Agency Directors

12.   DECLARED used County vehicles and equipment on the property release request list to be surplus to County needs and directed the General Services Director to arrange for their disposition, as recommended by the Director of General Services

13.   SEE ITEM NO. 46.1 REGULAR AGENDA

14.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending February 28, 2003, and approved related action, as recommended by the Treasurer-Tax Collector

15.   APPROVED reappointment of Laurie Jacobs to the Mental Health Advisory Board for a term to expire April 1, 2006, as recommended by Supervisor Almquist

16.   APPROVED appointment of Barbara Joy Templeton to the Mental Health Advisory Board, in the category of "consumer/direct," for a term to expire April 1, 2004, as recommended by Supervisor Beautz

17.   APPROVED reappointment of Judith E. Williams to the Mental Health Advisory Board for a term to expire April 1, 2006, as recommended by Supervisor Pirie

18.   APPROVED appointment of Ashley Winn as the alternate to Supervisor Pirie on the Santa Cruz County Regional Transportation Commission, as recommended by Supervisor Pirie

19.   APPROVED appointment of District Attorney Bob Lee to the Domestic Violence Commission, as the representative of the District Attorney's Office, as recommended by Chairperson Pirie

20.   ACCEPTED nomination of Charles Stone for appointment to the In-Home Supportive Services Advisory Commission, as an at-large representative of an existing county advisory body, for a term to commence on April 1, 2003, and to expire on April 1, 2007, with final appointment to be made March 25, 2003, as recommended by Chairperson Pirie

21.   APPROVED amended agreement with American Medical Response West, Incorporated for emergency ambulance advanced life support transport services, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

22.   ADOPTED RESOLUTION NO. 54-2003 approving amendment of agreement No. FAPP2066 in the amount of $777,524 with the California Department of Education regarding subsidized child care services for families in our community; adopted RESOLUTION NO. 55-2003 approving amendment of agreement No. FAPP2069 in the amount of $808,912 with the California Department of Education regarding subsidized child care services for families in our community; adopted RESOLUTION NO. 56-2003 approving amendment of agreement No. F2AP2065 in the amount of $1,165,340 with the California Department of Education regarding subsidized child care services for families in our community; and directed the Human Resources Agency Director to take related actions, as recommended by the Human Resources Agency Director

23.   APPROVED $106,700 in Child Care Fee Loans; and authorized the Human Resources Agency Director to sign standard loan documents with the borrowers on behalf of the County, as recommended by the Human Resources Agency Director

24.   SEE ITEM NO. 49.1 REGULAR AGENDA

25.   APPROVED corrections to Conditions of Approval for Tract 1409, Atherton Place, as recommended by the Planning Director

26.   DEFERRED consideration of recommendations regarding a Volume II Task Force to April 8, 2003, as recommended by the Planning Director

27.   ACCEPTED the low bid of Shaw Environmental, Incorporated for the Buena Vista Landfill Gas Management System, Modules 3 and 6 in the amount of $436,028.61 and authorized award of contract; approved transfer of funds in the amount of $258,000; and authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

28.   ACCEPTED the low bid of Granite Construction, Company in the amount of $302,613.50; authorized the award of the contract for the 2002/2003 Pavement Management Digout project; and approved related actions, as recommended by the Director of Public Works
WAB(C)P Supervisor Campos abstained owns stock in Granite Construction

29.   SEE ITEM NO. 49.2 REGULAR AGENDA

30.   APPROVED independent contractor agreement with Central Coast Wilds for a not-to-exceed amount of $31,660 for the Wilder Ranch Bike Path project plant establishment period, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

31.   AUTHORIZED payment to Karin Grobe for prior fiscal year solid waste public education services in the amount of $710.79, as recommended by the Director of Public Works

32.   ADOPTED RESOLUTION NO. 57-2003 for right-of-way acquisition for the Webb Road culvert replacement project; approved payment of claims; and authorized the Director of Public Works to sign the contracts, as recommended by the Director of Public Works

33.   APPROVED Contract Change Order with Agee Construction, Incorporated in the amount of $12,000 for the Soquel Drive (Bargetto) Bridge Replacement and Streetscape project; approved the addition of five working days to the contract; authorized the Chairperson of the Board to sign the change order; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

34.   ADOPTED RESOLUTION NO. 58-2003 scheduling a public hearing on Tuesday, April 1, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider a proposed ordinance to establish a trench cut cost recovery fee; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 59-2003 in support of Assembly Bill 157 and directed the Chairperson of the Board of Supervisors to communicate the Board's support to our elected representatives and others as appropriate; with an additional direction that staff work with Assembly member Simon Salinas's office to clarify language in Assembly Bill 157, Section I, 401 (a)(2)

36.   ADOPTED RESOLUTION NO. 60-2003 scheduling a public hearing on Tuesday, May 6, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider sewer service charge fee increases for County Service Areas (CSA) Nos. 2, 5, 7, 10, and 20; approved notice of public hearing on proposed 2003/2004 property related charges for CSA Nos. 2, 5, 7, 10, and 20; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, APPROVED the County of Santa Cruz Water Awareness Month Art Competition; and approved award of prize money in the amount of $300 from the Santa Cruz County Flood Control and Water Conservation District budget, as recommended by the Director of Public Works

38.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, May 6, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider adoption of an ordinance amending District Code Title 3, Article III, Section 3.08.160 through 3.08.180 for water service charges and District Code Title 4, Article III, Section 4.08.160 through 4.08.180 for sewer service charges; directed Public Works to mail the notice of public hearing; and directed the Clerk of the Board to take related actions, as recommended by the District Engineer

39.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, May 6, 2003 on the morning agenda, at 9:00 a.m. or thereafter to consider adoption of ordinance amending District Code for sewer service charges in the Freedom County Sanitation District and approved related action, as recommended by the District Engineer

40.   ADOPTED RESOLUTION NO. 61-2003 accepting and appropriating unanticipated revenue in the amount $4,896.92 from the insurance claim; increased the fixed asset list item of $6,400 for the utility vehicle by $4,896.92 to allow purchase of the replacement vehicle for an amount not-to-exceed $11,296.92, as recommended by the Director of Parks, Open Space and Cultural Services

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $37,664 for the 7th Avenue railroad crossing and approved related actions, as recommended by the Redevelopment Agency Administrator

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Agency Administrator to sign an agreement, on behalf of South County Housing, with the Department of Public Works, securing the construction of subdivision improvements for the McGregor Affordable Housing Project, as recommended by the Redevelopment Agency Administrator

43.   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.: County of Santa Cruz v. Donald H. Heichel, et al. Santa Cruz Superior Court Case No. CV 140567

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for two potential cases

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

PERSONNEL SESSION: County Counsel

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Personnel Director

Employee organization: All units

REPORT OF COUNTY COUNSEL - In the matter of County of Santa Cruz v. Donald H. Heichel, et al. Santa Cruz Superior Court Case No. CV 140567, the Board of Supervisors authorized settlement in the amount of $63,000
BPWCA

43.1.   ADOPTED RESOLUTION NO. 62-2003 in support of Assembly Constitutional Amendment (ACA) 7, relating to local transportation sales tax voter threshold, and approved related actions, as recommended by Supervisor Pirie

43.2.   APPROVED appointment of Michael Bush to represent the Commission on Disabilities on the Santa Cruz Metropolitan Transit District's Call Stop Committee, as recommended by Supervisor Almquist

REGULAR AGENDA

44.   CONSIDERED report on the Santa Cruz County Healthy Kids program and considered related actions;

(1) ADOPTED RESOLUTION NO. 63-2003 indicating Board's intention to support the Santa Cruz County Healthy Kids program;

(2) directed the Health Services Agency Director to redirect existing funds to include the Healthy Kids program and partial year funding in an amount up to $300,000 in the 2003-2004 Health Services Agency budget for Board consideration and provide regular updates to the Board;

(3) directed the Human Resources Agency Director to provide assistance in the health outreach and enrollment and to work with the State on matching funds for eligible children
WCBAP

45.   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 regularly scheduled meeting

46.   Public hearing held to consider the annual report and proposed 2003/2004 fiscal year fees for the Soquel Village Parking and Business Improvement Area;

(1) closed public hearing;

(2) accepted and filed the Annual Report of the Soquel Village Parking and Business Improvement Area Advisory Board;

(3) ADOPTED RESOLUTION NO. 64-2003 of Intention to Establish Parking Improvement Charges for the 2003-2004 fiscal year;

(4) directed the Clerk of the Board to publish the legal notice of the Resolution of Intention to Establish Parking Improvement Charges for the 2003-2004 fiscal year;

(5) and directed the Redevelopment Agency to provide the participants in the improvement area with legal notice of the Resolution of Intention to Establish Parking Improvement Charges for the 2003-2004 fiscal year
BAW/C/P

46.1.   ACCEPTED AND FILED report on criminal justice use of emergency rooms and related matters; with additional directions that staff report back on April 29, 2003 with the following: (a) a more realistic standard as to the need for hospital care, (b) more information on appropriate use of jail holding cells by limiting use of holding cells for inebriants who "sleep it off", (c) referrals to hospitals and who is going where and how often, (d) if nurses in the jail can perform blood draws and breathalyzer test or if these duties can be contracted out, and (e) information on whether another facility can be set up, outside the current system, that would pick-up and house inebriants, and what the cost of this alternative system would be versus the Sheriff Office taking on extra bodies versus the cost of housing them in the emergency room
BAWCP

47.   Continued public hearing regarding the proposed final wireless communications ordinance;

(1) adopted the proposed permanent ordinance with the language changes in the Memorandum produced by County Counsel's office this morning, and include requirements for signage, requirements for notification within 1,000 feet, and language that would provide vegetation protection for pristine areas from invasive species and disease causing organisms;

(2) deleted requirement in paragraph #7, Wi-Fi Exemption of County Counsel's memorandum, for placement of 3 inch by 6 inch signs on buildings that have wireless fidelity equipment;

(3) directed staff to initiate a focused EIR on the effect of adding a CA zone to areas in which it is not strictly prohibited, but which would have to go through a tier two restricted type of analysis; additionally directed staff to report back in four weeks on options to finance the EIR, and whether cattle ranchers or representatives of the industry in the 4th District would participate in an Memorandum of Understanding (MOU) that would cover costs;

(4) substituted "the Planning Department" for the "Director of General Services", (page two, item four of the memo) as the technical consultant for the independent review and study of RF and Alternative Analysis;

(5) scheduled a public hearing on April 29, 2003 at 7:30 p.m. to consider adoption of the final ordinance;

(6) and directed staff to provide a clearer definition and clarification of "viable site"
(1) WBCAP vote for 1,2,4,5, and 6
(2) ACBwP vote for amended motion No. 3 only

48.   CONSIDERED report on policies for work performed relative to building inspections;

(1) accepted and filed report on policies for work performed relative to building inspections;

(2) directed the Planning Department to include written materials which memorialize existing policy in the next quarterly report. According, that the Board would not need to accept Recommendation 18 from the June 25, 2002 Board letter which directs the Planning Department to prepare a policy for inspecting work done under building permits as outlined in this letter
ABWCP

49.   CONSIDERED report regarding policies related to review of professional reports;

(1) accepted and filed report regarding policies related to review of professional reports;

(2) determined that no change is necessary in the Planning Department's current policies and procedures for requiring and reviewing licensed consultant's reports;

(3) with additional direction that the Planning Director provide the Board with an update on written policies as part of the next quarterly report
ABWCP

49.1.   ACCEPTED AND FILED report on the proposed threshold requirements for applicant-initiated neighborhood meetings for projects requiring public hearings; directed the Planning Department to incorporate the thresholds as given in this report into the earlier notification regulations; with an additional direction that in Section B, Item No. 2 of the proposed Thresholds, substitute the language "owners and residents of parcels physically touching the subject parcel", to read: "owners and residents within 300 feet of the exterior boundaries of the subject parcel"
ABWCP

49.2.   AUTHORIZED the Director of Public Works to sign the Letter of Agreement with Union Pacific Railroad to improve the railroad crossings at 7th Avenue, 30th Avenue and State Park Drive; authorized the Public Works Department to fund an amount not-to-exceed $110,000, including contingencies for railroad crossing improvements by Union Pacific Railroad; and authorized the Director of Public Works to enter into an agreement with the City of Capitola to share in the costs of improvements to the railroad crossing at 38th Avenue in a not-to-exceed amount of $13,200, including contingencies; with additional directions to staff to add a provision in the agreement that clearly states that the railroad in obtaining this funding, acknowledges that at no time in the future will they use these improvements as an item of value in valuing their overall trackage; and directed staff to look at the possibility of doing similar grading improvements on Graham Hill Road, on a cooperative basis, with Roaring Camp Railroad; and report back in September 2003 as to whether they have identified any potential financing sources or uncovered any interest in Roaring Camp and working cooperatively with the County
ABWCP

50.   RECEIVED bids regarding Lake and Fifth Avenues Improvements, East Cliff Drive to Eaton Street and referred to the Public Works Department to return on or before April 1, 2003 with a recommendation on awarding of bid
ABW(C)P Supervisor Campos abstained owns stock in Granite Construction

51.   County of Santa Cruz Flood Control and Water Conservation District, Zone 7, meeting cancelled

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS