Santa Cruz County Board of Supervisors Minutes: 4/1/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 11
Tuesday, April 1, 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 Campos absent for Consent Agenda only Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda
3.		Additions and Deletions to the Consent Agenda; Item No. 34, DELETED, CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Case Name/No.: City of Capitola, et al. v. Papadakis, AMBAG, et al. Santa Cruz Superior Court Case No. CV 145398
4.		ORAL COMMUNICATIONS - four people addressed the Board
5.		Additions and Deletions to Regular Agenda; added Item No. 41.1

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of March 18, 2003, as recommended by the Clerk of the Board

8.   DELETED ITEM

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 Renee Malaki, No. 203-084, and referred to County Counsel

11.   REJECTED the claim of Peggy Lu Faye, No. 203-085, and referred to County Counsel

12.   REJECTED the claim of Leonardo A. Adame, No. 203-091, and referred to County Counsel

13.   INSTRUCTED the Auditor-Controller to issue replacement warrants, as listed on Exhibit A, in the amount of $17,698.01, as recommended by the Auditor-Controller

14.   AUTHORIZED the Santa Cruz County Fire Chief to submit an application to the U.S. Fire Administration Assistance to Firefighters Grant Program in the amount of $400,000 for purchase of a water tender for the Corralitos Volunteer Fire Company, as recommended by the Emergency Services Administrator

15.   APPROVED contract with CMS Communications, Incorporated in the amount of $121,501 for telephone switch maintenance and authorized the Information Services Director to sign the agreement, as recommended by the Information Services Director

16.   APPROVED revenue contract for $1,850,000 with the State of California Superior Court for the Sheriff's Office to provide court security services; authorized the Sheriff-Coroner to sign the contract; and adopted RESOLUTION NO. 73-2003 accepting and appropriating unanticipated revenue in the amount of $43,355 from Trial Court Funding, as recommended by the Sheriff-Coroner

17.   ADOPTED RESOLUTION NO. 74-2003 in support of Assembly Bill 1568-Property Tax Revenue Reallocation, and approved related action, as recommended by Supervisor Almquist

18.   APPROVED appointment of Donald N. (Norm) Hagen, Jr. to the Seniors Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

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

20.   DIRECTED the Chairperson to write to the County's Long Term Care Interagency Commission indicating the Board's support for the Commission's plans to host a Long Term Care Facilities Forum, at no cost to the County, as recommended by Chairperson Pirie

21.   APPROVED recommendation to designate Supervisor Jan Beautz as the Board's representative to the meetings on the formation of a Highway 1 Joint Powers Authority and directed the County Administrative Officer, or her designee, and County Counsel, or her designee, to participate in meetings to discuss formation of a Joint Powers Authority for the Highway 1 Widening/High Occupancy Vehicle project, as recommended by Chairperson Pirie

22.   DIRECTED the Chairperson to write to the California Public Utilities Commission expressing the Board's opposition to the imposition of departing load fees associated with on-site renewable energy sources, as recommended by Chairperson Pirie

23.   AUTHORIZED the Human Resources Agency (HRA) Director to amend the contract with the Homeless Services Center to add $6,195 to the program budget for the Emergency Winter Shelter Program; authorized the HRA Director to expend an additional $9,450 on the Santa Cruz Armory; authorized the HRA director to amend the contract with Salvation Army to add $3,920 to the program budget; adopted RESOLUTION NO. 75-2003 accepting and appropriating unanticipated revenue in the amount of $8,565; and authorized the HRA Director to take 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

24.   ADOPTED RESOLUTION NO. 76-2003 accepting and appropriating unanticipated revenue in the amount of $106,007 for the CALWIN project, as recommended by the Human Resources Agency Director

25.   APPROVED contract with the Employment Development Department for reception services in the amount of $72,945 for the Capitola Career Center and authorized the Human Resources Agency Director to sign the contract on behalf of the County, as recommended by the Human Resources Agency Director

26.   ACCEPTED AND FILED report on an application for review of the RMC Pacific Materials Davenport Cement Plant Permit and return on November 4, 2003 with a further report, as recommended by the Planning Director

27.   ACCEPTED AND FILED report on Code Compliance Program; directed the Planning Department staff to return on May 6, 2003 with an ordinance amending Chapter 12.01.070, with detailed profile of our existing caseload and recommended strategies for resolving cases, as recommended by the Planning Director

28.   ACCEPTED AND FILED report on proposed draft Residential Ordinance Relative to Inclusive Home Design; directed the Planning Department to monitor progress of a model ordinance as it is developed by the State Department of Housing and Community Development (HCD); and approved related actions, as recommended by the Planning Director

29.   AUTHORIZED payment in the amount of $4,162.61 to Inland Industrial Tire, Incorporated for heavy equipment tire repair and replacement services, as recommended by the Director of Public Works

30.   ADOPTED RESOLUTION NO. 77-2003 amending Resolution No. 42-2003 establishing the period of restricted parking for the Live Oak Parking Program for 2003, as recommended by the Director of Public Works

31.   ACCEPTED low bid of Pavex Construction in the amount of $698,600 for the Lake and Fifth Avenues Improvements (East Cliff Drive to Eaton Street); authorized award of contract; made findings that the improvements are of benefit to the project area; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

32.   APPROVED agreement with Ifland Engineers, Incorporated in the amount of $21,983 for the design and geotechnical evaluations of the 26th Avenue Stairway project; approved transfer of funds from the Swim Center project to the 26th Avenue Stairway project in the amount of $24,183; authorized the Director of Parks, Open Space and Cultural Services to sign the agreement on behalf of the County; and authorized the Director of Parks, Open Space and Cultural Services to approve design change orders for $2,200 in addition to the contract amount to cover design change order expenditures, as required, for a total contract amount of $24,183, as recommended by the Director of Parks, Open Space and Cultural Services

33.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED construction financing for the Lake and Fifth Avenues Improvement project in the amount of $633,467 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.: Johnson v. McKinny, Santa Cruz Superior Court Case No. CV 141619

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

35.   CONTINUED TO MAY 6, 2003 public hearing to consider proposed ordinance to establish a Trench Cut Cost Recovery Fee
BWCAP

36.   CONSIDERED report on early retirement;

directed the Personnel Department to work with the Public Employees Retirement System (PERS) to develop an amendment to the County's contract for early retirement for consideration by the Board and to work with the Public Agency Retirement System (PARS) to evaluate other early retirement programs and strategies that may be of benefit for review by the Board and return at budget hearings with the necessary documents to have the PARS retirement option available for possible use in conjunction with budget reductions
WCBAP

37.   Public hearing held to consider amendments to the Santa Cruz County Code Sections 13.10.322(b), 13.10.323(e)6, and 13.10.700-D regarding Accessory Structures;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 78-2003 Amending Sections 13.10.322(b), 13.10.323(e)6, and 13.10.700-D of the Santa Cruz County Code Regarding Non-Habitable Accessory Structures;

(2) certified the Environmental Determination; and

(3) directed Planning staff to submit this ordinance to the California Coastal Commission as part of the next "rounds" submittal;

(4) with additional direction that the 1,000 square foot size limitation regarding non-habitable accessory structures within the Urban Services Line (USL) remain as recommended by staff
(1) BWCAP (vote for 1, 2 and 3)
(2) ACbwP (vote for amended motion No. 4 only)

38.   CONSIDERED proposed ordinance amending Subdivision D of Section 1.12.070 of the Santa Cruz County Code Relating to Hearing Officers;

approved "in concept" ordinance amending Subdivision D of Section 1.12.070 of the Santa Cruz County Code Relating to Hearing Officers to return on April 8, 2003 for final adoption
BWCAP

39.   APPROVED reappointments of Roger McKowan, Sandra Seeger and Sherry Hall to the In-Home Supportive Services Advisory Commission, as at-large representatives in the categories indicated, in accordance with County Code Section 2.124.040, for terms to expire April 1, 2007
CABWP

40.   APPROVED reappointments of Rama Khalsa, Cecilia Espinola, and Maria Castro to the Children and Families Commission, as at-large representatives in accordance with County Code Chapter 2.45, Section 40, for terms to expire April 1, 2004
WCBAP

41.   APPROVED reappointments of various persons to County advisory bodies, as at-large representatives in the categories indicated, for terms to expire April 1, 2007
CWBAP

41.1.   CONSIDERED resolution, ordinance and other actions to initiate a contract amendment with the Public Employees' Retirement System to provide for a "Local Sheriff" category pursuant to Government Code Section 20432 and to provide three percent at 50 Retirement Benefits pursuant to Government Code Section 21362.2;

(1) ADOPTED RESOLUTION NO. 79-2003 of Intention to amend the County's contract with the Public Employees' Retirement System pursuant to Government Code Section 20432 and 21362.2;

(2) approved "in concept" ordinance to amend the County's contract with the Public Employees' Retirement System to return on April 29, 2003 for final adoption;

(3) directed the Clerk of the Board to publish notice regarding the adoption of the ordinance upon the first reading;

(4) directed the Clerk of the Board to immediately forward to the Public Employees' Retirement System a certified copy of the Resolution of Intention, Certification on Government Board's Action and Certification of Compliance with Government Code Section 7505;

(5) directed the Personnel Director to notify affected employees of the three percent at 50 retirement vote and provide a summary of the retirement plan change and its impacts; and directed the County Clerk to work with the Personnel Director to conduct the vote of affected employees pursuant to Government Code Section 20469 and deliver the results of the vote to the Personnel Director by April 10, 2003;

(6) directed the Personnel Department to return to the Board on April 29, 2003 with the results of the vote and with the documents necessary to implement the contract amendment, if approved by the vote and to provide a further report on any remaining issues relative to the three percent at 50 retirement benefit
ACBWP

WRITTEN CORRESPONDENCE LISTING: The Written Correspondence Listing is established to act as a report of materials received by the Board as a whole but may also include items requested for inclusion by individual Supervisors. Upon completion of any actions deemed necessary (i.e. acknowledgment, referral, etc.), these items are included in the Written Correspondence Listing under the appropriate heading. While these items are not part of the official record of meetings of the Board of Supervisors, they will be maintained by the Clerk of the Board for a period of two years, after which time they may be destroyed after the County's Historic Resources Commission has been provided an opportunity for review.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS