Santa Cruz County Board of Supervisors Minutes: 9/23/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 26
Tuesday, September 23, 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
2.		Moment of Silence and Pledge of Allegiance
3.		Consideration of Late Additions to the Agenda; Consent Agenda: ADDED Item Nos. 49.1, 49.2 and 49.3
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 9, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 11, 2003 through September 17, 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 Verick Mason, No. 304-014, and referred to County Counsel

11.   REJECTED the claim of Jesus Munoz Garcia, No. 304-016, and referred to County Counsel

12.   REJECTED the claim of Ingrid Wagnaar, No. 304-018, and referred to County Counsel

13.   REJECTED the claim of Brian Segarini, No. 304-019A, as insufficiently filed, and referred to County Counsel

14.   REJECTED the claim of Brian Segarini, No. 304-019B, as insufficiently filed, and referred to County Counsel

15.   APPROVED recommendation to request the Auditor to issue replacement warrants in the total amount of $106.29 to replace specified uncashed and staledated warrants, as recommended by the Auditor-Controller

16.   APPROVED response to 2002/2003 Grand Jury report and requested the Chair forward the response to the Presiding Judge, as recommended by the County Administrative Officer

17.   ACCEPTED AND FILED report on options for the possible consolidation of the County's fiscal offices, and directed the County Administrative Officer to provide a further report in January 2004, as recommended by the County Administrative Officer

18.   CONTINUED the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services to November 18, 2003, as recommended by the County Administrative Officer

19.   ADOPTED RESOLUTION NO. 271-2003 authorizing the District Attorney to reapply to the State Department of Insurance for $66,697 of funding in fiscal year 2003/2004 for the Auto Insurance Fraud program, as recommended by the District Attorney

20.   APPROVED and ratified the emergency repair of the elevator located at 1020 Emeline Avenue, Santa Cruz at a cost of $35,570, as recommended by the Director of General Services

21.   APPROVED a two year parking lease extension with the University of California Santa Cruz to provide parking for County employees and County vehicles, as recommended by the Director of General Services

22.   APPROVED plans and specifications for the Parking Lot Paving - 265 Water Street project; directed the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on October 21, 2003, as recommended by the Director of General Services

23.   ADOPTED RESOLUTION NO. 272-2003 accepting and appropriating $168,760 in data processing fees; approved transfer of funds from the Plant Acquisition/Technology and Productivity Fund to the Auditor-Controller's budget index; and ratified a change order in the amount of $6,200 in Intellitime Systems Corporation to fund the roll-out of the Web-based time card project county-wide, as recommended by the Information Services Department Director

24.   ADOPTED RESOLUTION NO. 273-2003 accepting and appropriating unanticipated revenue in the amount of $13,792; authorized the Information Services Director to apply for federal funds in the amount of $13,792 and to approve related actions to provide for Geographic Information Services (GIS) staff and Planning staff review of Digital Flood Map Project for the Federal Emergency Management Agency (FEMA), as recommended by the Information Services Director

25.   APPROVED Fourth Amendment to lease agreement with Six C's - East Lake Village Shopping Center, Incorporated, as recommended by the Chief Probation Officer

26.   AUTHORIZED the Auditor-Controller to distribute excess proceeds from the June 27, 2001 Chapter 8 Auction, and approved related actions, as recommended by the Treasurer-Tax Collector

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

28.   APPROVED appointment of Guadalupe Mendoza to the Child Care Planning Council, as a representative of child care provider, for a term to expire April 1, 2005, as recommended by Supervisor Campos

29.   ACCEPTED notification of at-large vacancy on the Assessment Appeals Board, with nominations for appointment to be received on October 7, 2003, and final appointment to be made October 21, 2003, as recommended by Chairperson Pirie

30.   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

31.   DEFERRED report on the Health Services Agency Clinic operations to October 21, 2003, including a response to each recommendation contained in the ECG Management Consultant Report and whether the recommendation has been implemented and a time frame for future implementation

32.   ACCEPTED AND FILED report on the Central Coast Alliance for Health financial negotiations with the State Department of Health Services; and directed the Health Services Agency and Central Coast Alliance for Health to provide an update on November 4, 2003, with an additional direction that the November report include whether meetings have taken place, what the options are for funding and how the San Mateo model is working and what they are doing

33.   APPROVED consultant services contract with Cypress Environmental and Land Use in the amount of $7,418.95 to complete permit processing of discretionary application No. 96-0221 (Santa Cruz Gardens No. 12), as recommended by the Planning Director

34.   DEFERRED report on Park Site acquisition process until October 21, 2003, as recommended by the Planning Director

35.   ADOPTED RESOLUTION NO. 274-2003 authorizing the purchase of the property on 157 Casillas Avenue from the Freedom County Sanitation District; authorized the Chairperson of the Board to sign the certificate of acceptance on behalf of the County; and approved payment of $50,000 to the Freedom County Sanitation District, as recommended by the Director of Public Works

36.   APPROVED independent contractor agreement with Mark Thomas and Company, Incorporated, for the Harkins Slough Road Bridge project for design engineering services in the not-to-exceed amount of $308,902.09; authorized the Director of Public Works to sign the independent contractor agreement on behalf of the County; and directed the Department of Public Works to return to the Board on or before December 9, 2003, with a report on the status of the project, as recommended by the Director of Public Works

37.   APPROVED amendment to agreement with Quincy Engineering, Incorporated, amending the scope of work and increasing compensation by $70,300 for the Paulsen Road - Whiting Road Bridge Replacement project and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

38.   APPROVED independent contractor agreement with Dixon and Son Tires, Incorporated for heavy equipment, truck and fleet tire repair and replacement services for a not-to-exceed amount of $30,000 per fiscal year through June 30, 2007, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

39.   APPROVED road closures and the Aptos High School Homecoming Parade and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

40.   ACCEPTED AND FILED report on Vegetation Management Grants for Roadside and Watershed Maintenance, as recommended by the Director of Public Works

41.   ACCEPTED AND FILED report for improving the Graham Hill Road railroad crossing in cooperation with Santa Cruz Big Trees and Pacific Railway, as recommended by the Director of Public Works

42.   APPROVED Request for Proposals (RFP) for consultant services for the San Lorenzo Valley Trail Feasibility Study; directed Public Works to begin distribution of the RFP; and return on or before the first meeting in January 2004 with a consultant contract for consideration by the Board, as recommended by the Director of Public Works

43.   SEE ITEM NO. 55.1 REGULAR AGENDA

44.   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 December 9, 2003 with a further status report, as recommended by the District Engineer

45.   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 December 9, 2003 with a further status report, as recommended by the District Engineer

46.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ADOPTED RESOLUTION NO. 275-2003 authorizing the sale and transfer of District owned property (Assessor's Parcel No. 014-071-33 at 157 Casillas Avenue and Assessors Parcel No. 014-071-35, adjacent to 157 Casillas Avenue); authorized the Chairperson of the Board to sign the Grant Deeds; and directed the Clerk of the Board to take related action, as recommended by the District Engineer

47.   APPROVED purchase and sale of property in Watsonville for affordable housing and approved related actions, as recommended by the Redevelopment Agency Administrator

48.   ADOPTED RESOLUTION NO. 276-2003 of Intention to Amend County Code Chapter 9.42 regarding the Soquel Village Parking and Business Improvement Area fees and schedule a public hearing on October 21, 2003 on the morning agenda, at 9:00 a.m. or thereafter, as recommended by the Redevelopment Agency Administrator

49.   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.: Debert, et al v. County of Santa Cruz Planning Department Santa Cruz Superior Court No. CV 145820

PERSONNEL SESSION: County Counsel

REPORT OF COUNTY COUNSEL - In the matter of Debert, et al v. County of Santa Cruz Planning Department, Santa Cruz Superior Court No. CV145820, the Board of Supervisors approved payment in the amount of $5,866 from the Risk Liability Fund for attorney's fees and costs in this lawsuit
BWcA/P/

49.1.   ADOPTED RESOLUTION NO. 277-2003 adopting amendments to the County General Plan relating to timber harvesting; and adopted ORDINANCE NO. 4738 amending County Code Section 13.10.312(b) - allowed uses of the agricultural zones, which would allow farmers and ranchers outside the coastal zone to apply for timber harvesting permits, as recommended by Supervisor Campos

49.2.   ALLOCATED the use of $15,000 in Redevelopment Agency funding for a study of historical properties in Live Oak, and directed the Planning Department to return to the Board on October 21, 2003, with a Request for Proposals, as outlined, which would provide a time frame calling for proposals to be returned by December 1, 2003, as recommended by Supervisor Beautz

49.3.   AUTHORIZED extension of one limited term Housing Rehabilitation Construction Specialist position through October 31, 2003, as recommended by the Emergency Services Administrator

REGULAR AGENDA

50.   Public hearing held to consider the 2004 Growth Goals Report;

(1) opened public hearing;

(2) referred matter to the Planning Commission for consideration and recommendation; and

(3) continued the public hearing to December 9, 2003, and directed staff to return with the recommendation of the Planning Commission and a resolution for final action by the Board
WABcP

51.   Public hearing held on Federal Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant and State Supplemental Law Enforcement Services Funds (SLESF);

(1) closed public hearing;

(2) adopted RESOLUTION NO. 278-2003 canceling 28,072 in 2003-04 BJA funds and approved fixed assets related to 2003-04 BJA funds;

(3) adopted RESOLUTION NO. 279-2003 canceling $28,072 in 2003-04 SLESF funds for the Detention Bureau;

(4) adopted RESOLUTION NO. 280-2003 canceling $14,213 in 2003-04 SLESF for the District Attorney; and

(5) directed the Sheriff-Coroner and the District Attorney to return on or before October 28, 2003 with further recommendations regarding the loss of SLESF revenue to Sheriff Operations and to the District Attorney
WCBAP

52.   CONSIDERED report on the effect of the State Budget on the 2003/04 County Budget and actions to incorporate the adjustments in the Final Budget;

(1) adopted RESOLUTION NO. 281-2003 Setting Santa Cruz County's Required Tax Loss Reserve Fund at 25% of Participating Entity Delinquent Secured Property Tax Assessments;

(2) adopted the budget adjustments in Table 1 (2003-04 Final Budget Adjustments) and the Health Services Agency adjustments included in Attachment 2 (Budget Schedules for Health Services Agency's Mental Health and Drug and Alcohol Programs);

(3) referred the revenue reductions listed in Table 2 (State and Federal Revenue Reductions for Sheriff's Office) to the County Administrative Office and Sheriff's Office for a report back on or before October 28, 2003; and

(4) directed the Health Services Agency and Human Resources Agency to provide a further report on the impact of the State Budget on their departments by October 28, 2003
WABCP

53.   ACCEPTED AND FILED reports on the Inmate Welfare Trust Fund programs and annual report
ACBWP

54.   CONSIDERED report on Floor Area Ratio and related topics;

(1) accepted and filed report; directed staff to refer the amendments to the County Code regarding attics and basements as presented in Attachment 1 (an Ordinance Amending the Santa Cruz County Code Relating to Attics and Basements) to the Planning Commission for review and processing, with an additional direction that staff look into adding language to make amendments perspective only so that existing homes would not become non-conforming

(2) motion to amend main motion to remove the proposed amendment on ceiling heights;

(3) Supervisor Campos will provide a written explanation of how enforcement can be accomplished
(1) BAWCP
(2) WPbCA

55.   APPROVED appointment of Joan McIntyre to the Long Term Care Interagency Commission, as an at-large representative age 55 or older, pursuant to County Code Section 2.116.030, for a term to expire April 1, 2006
CWBAP

55.1.   ACCEPTED AND FILED report on the Relinquishment of the Pajaro River Levee Project and directed Public Works to return on December 9, 2003, with a further status report, as recommended by the Director of Public Works
WCBAP

56.   RECEIVED bids regarding Venice Drive Drainage Improvement Project and referred to the Department of Public Works to return on or before October 7, 2003 with recommendation on awarding of bid
ABW(C)P

57.   RECEIVED bids regarding Lomond Terrace - CSA No. 28 Road Improvement Project 2003 (5th District)and referred to the Department of Public Works to return on or before October 7, 2003 with recommendation on awarding of bid
AWB(C)P

58.   RECEIVED bids regarding the Modernization of Elevators at 1020 and 1040 Emeline Avenue Project and referred to the General Services Department to return on or before October 7, 2003 with recommendation on awarding of bid
AWBCP

59.   Public hearing held to consider a density determination for Application Number 03-0065 (Cabrillo Commons); property is located on the southeast corner of the intersection of Soquel Drive and Atherton Drive; Assessor's Parcel Number: 037-251-23; Owner: Atherton Place Development LLC; Applicant: Atherton Place Development LLC;

closed public hearing;

(1) motion to amend main motion to declare the project is not consistent with the density range that is established for the site pursuant to the General plan (failed);

(2) approved a finding that 43 units is the appropriate General Plan density and directed Planning to return on October 21, 2003 with a recommendation to make that density consistent with the General Plan
(1) WCbap
(2) PBwcA

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS