Santa Cruz County Board of Supervisors Minutes: 8/19/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 22
Tuesday, August 19, 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. 37, added, CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Case, Claim Name/No.: Johnson V. McKinny, Santa Cruz Superior Court Case No. 141619; Item No. 27, deleted
4.		ORAL COMMUNICATIONS - two people addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 5, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 7, 2003 through August 14, 2003 and approved upon adoption of the 2003/2004 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 Teresa Angier, No. 304-006, and referred to County Counsel

11.   REJECTED the claim of Susan H. Shane, No. 304-007, and referred to County Counsel

12.   ADOPTED ORDINANCE NO. 4736 Amending Section 4.50.010 of the Santa Cruz County Code Relating to the Delegation of Authority to the Treasurer-Tax Collector and Assessor

13.   SEE ITEM NO. 40.1 REGULAR AGENDA

14.   INSTRUCTED the Auditor-Controller to issue a replacement warrant in the amount of $400 to replace an uncashed stale dated warrant, as recommended by the Auditor-Controller

15.   APPROVED completion of the 1040 Emeline Window Replacement project; approved final cost in the amount of $123,851.20; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

16.   APPROVED specifications for the Modernization of two elevators located at 1020 and 1040 Emeline Avenue project; directed the General Services Department to advertise for bids; and set the bid opening on September 9, 2003 at 10:45 a.m., as recommended by the Director of General Services

17.   ACCEPTED the Mesa Village Sheriff Service Center project as completed; approved additional costs associated with the contract change order in the amount of $1,487.64; authorized the General Services Director to sign the change order; approved appropriations transfer of $724; and adopted RESOLUTION NO. 246-2003 accepting and appropriating unanticipated revenue in the amount of $724; approved final cost of $65,828.64; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

18.   ACCEPTED nomination of Hazel Sladden for appointment to the Managed Medical Care Commission, as an at-large representative of non-governmental community clinic, for a term to expire April 1, 2007, with final appointment to be made on August 26, 2003, as recommended by Supervisor Pirie

19.   ACCEPTED notification of two at-large vacancies on the In-Home Supportive Services Advisory Commission, representing the interests of consumers, with nominations for appointment to be received on September 9, 2003, and final appointment to be made September 16, 2003, as recommended by Chairperson Pirie

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.   DELETED ITEM

22.   ACCEPTED AND FILED the Community Access Program (CAP) Progress Report; authorized the Health Services Agency Director to submit an application for two additional years of CAP funding; and authorized the Chair of the Board to sign a letter of support for the grant application, as recommended by the Health Services Agency Director

23.   APPROVED contract amendment with Appleby and Company, Incorporated in the amount of $20,000 and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

24.   ADOPTED RESOLUTION NO. 247-2003 accepting and appropriating unanticipated revenue for the Public Health Bioterrorism Preparedness and Response Program in the amount of $153,072 and for the rebudget of $5,100 in Nutrition Network Grant funds; approved purchase of fixed assets; approved the agreement with Public Health Foundation Enterprises, Incorporated in the amount of $86,163; and authorized the Health Services Agency Director to sign and take related actions, as recommended by the Health Services Agency Director

25.   ACCEPTED AND FILED response to recommendations regarding structural changes to Permit Processing in the Planning Department, as recommended by the Planning Director

26.   SEE ITEM NO. 40.2 REGULAR AGENDA

27.   DELETED ITEM

28.   AUTHORIZED the installation of one 70-watt residential street light on 15th Avenue in Santa Cruz, as recommended by the Director of Public Works

29.   APPROVED amendment to agreement with DKS Associates for engineering design services for traffic signals, increasing the contract amount by $30,002 for a total not-to-exceed amount of $146,442, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

30.   ADOPTED RESOLUTION NO. 248-2003 for right-of-way acquisitions for the Sidewalk Infill - 2003, Merrill Street, Paul Minnie Avenue, and Thirtieth Avenue (Paul Minnie Avenue easement acquisitions); made related findings; and approved payment of claims, as recommended by the Director of Public Works

31.   ADOPTED RESOLUTION NO. 249-2003 for right-of-way acquisitions for the Sidewalk Infill - 2003, Merrill Street, Paul Minnie Avenue and Thirtieth Avenue (Thirtieth Avenue easement acquisitions); made related findings; and approved payment of claims, as recommended by the Director of Public Works

32.   ADOPTED RESOLUTION NO. 250-2003 for right-of-way acquisition for the Sidewalk Infill - 2003, Merrill Street, Paul Minnie Avenue, and Thirtieth Avenue (Merrill Street easement acquisitions); made related findings; and approved payment of claims, as recommended by the Director of Public Works

33.   ACCEPTED low bid of Vanguard Construction in the amount of $183,880 for the Sidewalk Infill - 2003, Merrill Street, Paul Minnie Avenue, and Thirtieth Avenue project; authorized award of contract; made related findings; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

34.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Redevelopment Agency funding of $5,000 toward a Live Oak Community Alliance Awards Program and community event and authorized the Redevelopment Agency Administrator to take necessary actions to provide the funding, as recommended by the Redevelopment Agency Administrator

35.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED consideration of a report on the allocation of Agency park funding to September 9, 2003, as recommended by the Redevelopment Agency Administrator

36.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing for construction and property acquisitions for the Sidewalk Infill - 2003 Project, Merrill Street, Paul Minnie Avenue and Thirtieth Avenue and approved related actions, as recommended by the Redevelopment Agency Administrator

37.   AS THE BOARD OF SUPERVISORS AND REDEVELOPEMENT AGENCY SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Health Care Professional Unit

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITGATION SESSION:

Case, Claim Name/No.: Johnson v. McKinny, Santa Cruz Superior Court Case No. 141619

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

38.   CONSIDERED the Association of Monterey Bay Area Governments (AMBAG) Inter-Regional Job-Housing Balance Study and directed Planning staff to return on August 26, 2003 with any suggested comments to be submitted to AMBAG prior to the deadline
ACBWP

39.   CONSIDERED presentation on the proposed Permit Coordination Program for natural resource restoration projects within Santa Cruz County by staff of the Resource Conservation District and Natural Resource Conservation Service;

(1) directed the Planning Department to continue to work with the Resource Conservation Service on the possible development of a permit coordination program, including a Master Permit for the County and associated agreements addressing the responsibilities of all participating parties; and

(2) directed the Planning Department to provide a report the first meeting in February 2004 on the progress of the Permit Coordination Program
WCBSP

40.   CONSIDERED report on County Code regulations regarding calculations of Floor Area Ratios for Basements and Attics;

(1) accepted and filed report; and

(2) directed Planning staff to prepare Interpretative Memos to require the inclusion of basements and attic space in required Floor Area Ratio calculations and to report back within 12 months of implementation on the advisability of amending appropriate ordinances to include the requirement; with an additional direction to return on September 23, 2003 with discussions of revisions to the Floor Area Ratio (FAR), including the issues of clear stories, attic space, and the longer term impacts and arguments that have been raised about including attic space in the FAR and the impact this has on properties being designated as non-conforming
BWcaP

40.1.   ACCEPTED AND FILED report on the status of the West Nile virus and directed the Agricultural Commissioner and Health Service Agency Director to return in September 2003 or sooner with information on the presence of the West Nile Virus in California and/or Santa Cruz County, as recommended by the Agricultural Commissioner
CABWP

40.2.   ACCEPTED AND FILED report on funding a General Plan/LCP Amendment Environmental Impact Report (EIR) to allow wireless communication facilities on commercial agricultural land in Santa Cruz County, as recommended by the Planning Director
WCBAP

41.   CONTINUED TO OCTOBER 21, 2003 public hearing to consider a proposal to: 1) Create a subdivision for nine single-family lots and a remainder parcel to be dedicated for a biotic conservation easement; 2) Change the existing zoning of "SU" (Special Use) to "R-1-6" (Single-family Residential, minimum lot size 6,000 square feet) zone district for the area to be subdivided into residential lots and to the "PR" (Parks, Recreation and Open Space) zone district for the conservation easement parcel; and 3) Change the General Plan land use designation of "Urban Low Density Residential" to "Resource Conservation" on the conservation easement parcel, for property located at the northern terminus of Benson Avenue about 2,100 feet northeast from Thurber Lane in the Santa Cruz Gardens area of Live Oak; and include information on the following: (a) information and possible language on in-lieu fees; (b) all information on affordable housing and the different possibilities; (c) width of the current fire road; (d) specific analysis of whether Tracts 10 and 11 would still be responsible for maintenance, if the configuration of the fire road is changed; (e) a copy of permit conditions for Tracts 10 and 11; (f) whether the fire road is maintained properly; (g) report on ways to work out the issue of liability and maintenance and giving that responsibility to whomever takes the parcel for six years or longer; (h) report back on the issues regarding the detention system and the drainage fall-out into Rodeo Gulch; (i) address the issue contained in the Public Works Memorandum and where it is referenced in the permit conditions; (j) whether all of the CC&Rs that need to be permit conditions are in the list, if there more conditions, and if all the CC&Rs should be part of the conditions; (k) whether or not the maintenance issues of the eucalyptus trees is creating a drainage problem and who owns the trees upstream

Supervisor Campos requested the following: information on storm drain overflow into the home of Joe and Sandy French and its cause; who will maintain the fire road after it is completed; and who is responsible for the up-keep of the trees that are overgrown
BWCAP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS