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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2003, NUMBER 18
Tuesday, June 17, 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.   Roll Call

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. 35, ADDED: CONFERENCE WITH LABOR NEGOTIATOR - ANTICIPATED LITIGATION Initiation of litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for three potential cases; CONFERENCE WITH LABOR NEGOTIATOR: Director of Personnel, Employee Organization: Health Care Professional Unit; Item No. 35, DELETED: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case Name/No.: In the Matter of the Application of California-American Water Company (U 210 W) California Public Utilities Application No. 02-09-0032 and ADDED Item Nos. 35.1 and 35.2
4.     ORAL COMMUNICATIONS - three people addressed the Board
5.     Additions and Deletions to Regular Agenda; ADDED to Item No. 43 ZONE 7 MEETING-WATSONVILLE, Item No. 1.8

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 3, 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.   ADOPTED ORDINANCE NO. 4721 Amending Section 2.122.050 of the Santa Cruz Code Relating to Applicability of the Ordinance to Nonprofit Agencies

11.   ADOPTED ORDINANCE NO. 4722 Amending Chapter 9 of the Santa Cruz County Code Relating to Stop Intersections

12.   APPROVED agreements with Community Action Board in the amount of $2,000, Coast Dairies and Land Company in the amount of $5,070, and Ken Moore/Wildlands Restoration Team in the amount of $3,723, for weed management services and authorized the Agricultural Commissioner to execute the agreement on behalf of the County, as recommended by the Agricultural Commissioner

13.   ADOPTED RESOLUTION NO. 180-2003 authorizing the temporary transfer of funds through tax and revenue anticipation loans for various Fire Protection Districts (Aptos/La Selva, Branciforte, Central, Pajaro Valley, Scotts Valley) to meet operation and maintenance expenses for 2003/04, and requested the Treasurer make the necessary transfer of funds, as recommended by the Auditor-Controller

14.   APPROVED realignment and transfer of appropriations to implement the mid-year labor contracts approved earlier, as recommended by the Auditor-Controller

15.   DIRECTED the County Administrative Officer to provide a letter of endorsement to the California Association of Counties (CSAC) Challenge Awards for the Human Resources Agency's Family Development Credential Program, as recommended by the County Administrative Officer

16.   AUTHORIZED the Emergency Services Administrator to notify the California Department of Forestry and Fire Protection of the County's intention to contract for services in fiscal year 2004/2005, as recommended by the Emergency Services Administrator

17.   APPROVED amendment to the court security contract with the Superior Court of California for the Sheriff's Office to hire temporary outside security services, and authorized the Sheriff-Coroner to sign the agreement, as recommended by the Sheriff-Coroner

18.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending May 31, 2003, and approved related actions, as recommended by the Treasurer-Tax Collector

19.   REFERRED the matter of electronic voting to the County Clerk-Recorder with the request that he return to the Board on or before August 12, 2003, with a report on paperless electronic voting and his recommendation for any steps the Board should take; with an additional request the County Clerk-Recorder provide an oral report on June 24, 2003

20.   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

21.   SEE ITEM NO. 40.1 REGULAR AGENDA

22.   AUTHORIZED the Human Resources Agency (HRA), working with the Auditor-Controller's Office, to take any necessary actions to accept sponsorship payments related to the Workforce Investment Board (WIB) event and authorized the WIB, through HRA, to make use of any excess revenues generated, as recommended by the Human Resources Agency Director

23.   APPROVED transfer of funds within the Human Resources Agency and adopted RESOLUTION NO. 181-2003 accepting and appropriating unanticipated revenue in the amount of $205,653 for the CalWORKs Substance Abuse and Mental Health Program, as recommended by the Human Resources Agency Director

24.   ADOPTED RESOLUTION NO. 182-2003 regarding proposed amendment to County Code Sections 13.10.458, 13.10.552 and 13.10.684 regarding maximum height and provision of parking for mobile homes in mobile home parks; adopted ORDINANCE NO. 4723 amending County Code Sections 13.10.458, 13.10.552, and 13.10.684 regarding maximum height and provision of parking for mobile homes in mobile home parks; and approved related actions, as recommended by the Planning Director

25.   ACCEPTED improvement for the Alice Street and Corcoran Avenue Improvement project; approved final cost in the amount of $1,246,239.19; and approved related action, as recommended by the Director of Public Works

26.   ADOPTED RESOLUTION NO. 183-2003 accepting the offers of dedication on Soquel Avenue and Chanticleer Avenue into the County Maintained Road System, and directed the Clerk of the Board to return a certified copy of the resolution to Public Works, as recommended by the Director of Public Works

27.   APPROVED independent contractor agreement for a not-to-exceed amount of $17,140 with Applied Survey Research to conduct a customer satisfaction survey on solid waste and recycling services and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

28.   ACCEPTED low bid from Delta Pacific Builders, Incorporated in the amount of $214,520 for the Ben Lomond Transfer Station Loading Pit and Metallic Concrete Floor Repair; authorized award of contract; and authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

29.   ACCEPTED AND FILED report on the Relinquishment of the Pajaro River Levee project and directed Public Works to return on September 23, 2003 with a further status report, as recommended by the Director of Public Works

30.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, ACCEPTED AND FILED report on the Relinquishment of the Pajaro River Levee Project and directed Public Works to return on September 23, 2003 with a further status report, as recommended by the District Engineer

31.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ACCEPTED AND FILED report on the Relinquishment of the Pajaro River Levee project and directed Public Works to return on September 23, 2003, with a further report, as recommended by the District Engineer

32.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, DIRECTED Public Works staff to provide the next progress report on proposed amendments to the Landscaping and Individual Water Systems Ordinance at the first Board meeting of January 2004, as recommended by the Director of Public Works

33.   ADOPTED RESOLUTION NO. 184-2003 accepting two Offers to Dedicate for portions of Assessor's Parcel Number 032-182-04, located in the vicinity of East Cliff Drive and Larch Lane and directed the Clerk of the Board to have the resolution and the Certificates of Acceptance recorded by the County Recorder, as recommended by the Director of Parks, Open Space and Cultural Services

34.   APPROVED amendment to contract with Joseph J. Albanese, Incorporated in the amount of $13,000 to increase contingencies to cover possible additional change orders and authorized the Director of the Department of Parks, Open Space and Cultural Services to sign the agreement on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

35.   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.: Patricia Toy v. County of Santa Cruz WCAB SAL 89949, 89950

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for three potential cases

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address (APN if no street address):

APN 029-101-18, 20, 21

Negotiating parties (not agents): Tom Burns, Redevelopment Agency Administrator, and Alan Burchett

Under negotiation: Price and terms of payment

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Health Care Professional Unit

REPORT OF COUNTY COUNSEL - The Santa Cruz County Board of Supervisors agreed to the initiation of three separate pieces of litigation. Once litigation has been formally commenced, if the County receives a request for information, the case name, the parties and any other pertinent information will be disclosed at that time
BPWCA  

35.1.   APPROVED appointment of Tom Sprague to the Area Developmental Disabilities Board VII for a term to expire January 1, 2005, as recommended by Supervisor Almquist

35.2.   ADOPTED RESOLUTION NO. 185-2003 accepting and appropriating unanticipated revenue in the amount of $75,000, as recommended by the County Clerk

REGULAR AGENDA

36.   Public hearing held on proposed annexations No. 01-2003, Green Valley; No. 02-2003, Beach Drive; No. 03-2003, Seacliff Drive; No. 04-2003, Haas Drive/Mar Sereno Estates and County Service Area (CSA) No. 9A assessment;

(1) opened public hearing, to hear objections, to the proposed annexations No. 01-2003, Green Valley; No. 02-2003, Beach Drive; No. 03-2003, Seacliff Drive; No. 04-2003, Haas Drive/Mar Sereno Estates; and CSA No. 9A assessments;

(2) requested submittal of ballots on the proposed assessments;

(3) closed public hearing and adopted RESOLUTION NO. 186-2003 annexing territories designated as annexation No. 01-2003, Green Valley; No. 02-2003, Beach Drive; No. 03-2003, Seacliff Drive; and No. 04-2003, Haas Drive/Mar Sereno Estates to CSA No. 9A residential lighting; and

(4) directed the Department of Public Works to count the ballots on the proposed CSA No. 9A assessments and return to the Board with a tabulation and certification of the ballots on June 24, 2003
CABWP  

37.   Public hearing held to consider County Service Area (CSA) No. 4 and CSA No. 48 Fire Protection Assessment rates for 2003/2004;

(1) opened public hearing, to hear objections, to the proposed CSA No. 4 and CSA No. 48 Fire Protection rates for 2003/2004;

(2) closed public hearing;

(3) adopted RESOLUTION NO. 187-2003 Establishing Service Charges for the 2003/2004 fiscal year for CSA No. 48, County Fire Protection and CSA No. 4, Pajaro Dunes and adopted RESOLUTION NO. 188-2003 Confirming Service Charge Reports for fiscal year 2003/2004 for CSA No. 48, County Fire Protection and CSA No. 4, Pajaro Dunes
ACBWP  

38.   CONSIDERED ordinance amending County Code Chapter 9.28, Stop Intersections, for installation of a stop sign on Laurel Street at Harmon Street; considered ordinance amending County Code Chapter 9.20, One-Way Streets, for the designation of Laurel Street between Harmon Street and Lomond Street as a one-way street;

(1) approved "in concept" ordinance amending County Code Chapter 9.28, Stop Intersections, for the installation of a stop sign on Laurel Street at Harmon Street to return on June 24, 2003 for final adoption; and

(2) approved "in concept" ordinance amending County Code Chapter 9.20, One-Way Streets, for the designation of Laurel Street between Harmon Street and Lomond Street as a one-way street to return on June 24, 2003 for final adoption
ACBWP  

39.   RECEIVED bids regarding Green Valley Road Storm Damage Repair Project and referred to the Department of Public Works to return on or before June 24, 2003 with a recommendation on awarding of bid
ABW/C/P  

40.   RECEIVED bids regarding Buena Vista Landfill Entrance Facility Improvements, Phase I and referred to Public Works to return on or before June 24, 2003 with a recommendation on awarding of bid
AWBCP  

40.1.   ACCEPTED AND FILED report on the 2002 Student Alcohol and Drug Survey, as recommended by the Health Services Agency Director
WCBAP  

41.   Public hearing held to consider proposal to rezone Assessor's Parcel Number 063-011-33 from the Special Use ("SU") zone district to the Timber Production ("TP") zone district; Requires a Rezoning and Local Coastal Program Implementation Plan Amendment; the property is located on the north side of Thayer Road, approximately 2,500 feet west of Bonny Doon Road (640 Thayer Road);

(1) closed public hearing;

(2) approved the determination that the project is statutorily exempt from the California Environmental Quality Act;

(3) executed the Agreement between the County of Santa Cruz and the property owners, Robert and Lisa Banks;

(4) adopted ORDINANCE NO. 4724 amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Number 063-011-33 from the SU Zone district to the TP zone district;

(5) adopted RESOLUTION NO. 189-2003 approving the Amendment to the Local Coastal Program Implementation Plan;

(6) directed the Planning Department to execute and record the Declaration of restrictions on the property deed; and

(7) directed the Planning Department to submit the Amendment to the Local Coastal Program Implementation Plan to the California Coastal Commission
ABWCP  

42.   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 7, to convene and carry out a special meeting in the Watsonville City Council Chambers, 215 Union Street, Watsonville (agendas are located on the table in the lobby of City Council Chambers)

43.   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 7, to convene and carry out a regularly scheduled meeting in the Watsonville City Council Chambers, 215 Union Street, Watsonville (agendas are located on the table in the lobby of City Council Chambers)

44.   Continued public hearing held at 7:30 p.m. in the Watsonville City Council Chambers to receive testimony regarding the Proposed 2003/2004 Santa Cruz County Budget; 38 people addressed the Board