Santa Cruz County Board of Supervisors Minutes: 10/21/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 28
Tuesday, October 21, 2003

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos; 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 - Fifth District Seat vacant
2.		Moment of Silence and Pledge of Allegiance
3.		Consideration of Late Additions to the Consent Agenda: Item No. 60 REQUEST TO ADD LATE ITEM TO THE CONSENT AGENDA, and that the Board of Supervisors determine, by a two-thirds vote of its membership that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted and add late item as follows: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case; Additions to the Consent Agenda: ADDED Item No. 60.1; Item No. 60, ADDED: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant exposure to litigation to be considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case; Item No. 60, DELETED: CONFERENCE WITH LEGAL COUNSEL - EXISITING LITIGATION: Lucyanne Kostreba Claim Nos. 1109122, 5200596; Item No. 60, DELETED: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property street address (APN if no street address): APN 40-181-06, 07 and 09, Negotiating parties (not agents): Scott Loichinger, Public Works, and Steve Carmichael; Item No. 60, DELETED: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation to be considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case; Consideration of Late Addition to the Regular Agenda: Item No. 70.1 REQUEST TO ADD LATE ITEM TO THE REGULAR AGENDA, and that the Board of Supervisors determine, by a two-thirds vote of its membership that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted and added late item as follows: It is recommended that the Board of Supervisors continue the October 28, 2003 meeting to November 4, 2003, due to a scheduling conflict
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - two people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

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

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 2, 2003 through October 15, 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 Clive Frank Boustred, No. 304-029A, and referred to County Counsel

11.   REJECTED the claim of Richard Clive Boustred, No. 304-029B, and referred to County Counsel

12.   REJECTED the claim of William Frank Boustred, No. 304-029C, and referred to County Counsel

13.   REJECTED the claim of InfoTelesys, Incorporated, Nevis, No. 304-029D, and referred to County Counsel

14.   REJECTED the claim of Kompomash, No. 304-029E, and referred to County Counsel

15.   REJECTED the claim of Mega Micro Technology International (MMTI), No. 304-029F, and referred to County Counsel

16.   REJECTED the claim of InfoTelesys, Incorporated, Nevada, No. 304-029G, and referred to County Counsel

17.   REJECTED the claim of Get IT Real, Incorporated, Nevada, No. 304-029H, and referred to County Counsel

18.   REJECTED the claim of Christ's Gold, Corporation Nevis, No. 304-029I, and referred to County Counsel

19.   REJECTED the claim of Live, Incorporated Nevis, No. 304-029J, and referred to County Counsel

20.   REJECTED the claim of InfoTelesys, Incorporated Japan, No. 304-029K, and referred to County Counsel

21.   REJECTED the claim of David Rathjen Sr., David Rathjen Jr., Steven Rathjen, No. 304-030, and referred to County Counsel

22.   REJECTED the claim of Robert A. Glass, No. 304-031, and referred to County Counsel

23.   ADOPTED ORDINANCE NO. 4740 Repealing Chapter 5.60 of the Santa Cruz County Code Relating to the Regulation of Disclosures of Confidential Consumer Information

24.   SCHEDULED a public hearing on Tuesday, November 18, 2003, on the morning agenda at 9:00 a.m. or thereafter to consider adoption of ordinance adding Chapter 5.41 to the Santa Cruz County Code relating to point-of-sale station registration; set annual registration fees for point-of-sale systems; and directed the Clerk of the Board to take related action, as recommended by the Agricultural Commissioner

25.   ACCEPTED AND FILED Audit Report on the Mentally Ill Offender Crime Reduction Grant for the fiscal years ended June 30, 2000 through 2003, as recommended by the Auditor-Controller

26.   ADOPTED RESOLUTION NO. 294-2003 extending the date for filing statements of the rates of taxation and the assessed valuation with the State Controller from November 1st to December 1st of each year, as provided by Government Code Section 29109, as recommended by the Auditor-Controller

27.   APPROVED agreement in the amount of $8,316 between Lexis-Nexis and the County of Santa Cruz for Internet access to legal research libraries and services, as recommended by County Counsel

28.   APPROVED fiscal year 2003/2004 Santa Cruz Auto Theft Reduction Task Force (SCARE) Program; approved agreements with City of Santa Cruz and City of Watsonville; and adopted RESOLUTION NO. 295-2003 Canceling Estimated Revenues and Appropriations in the amount of $23,992, as recommended by the District Attorney

29.   ADOPTED RESOLUTION NO. 296-2003 accepting and appropriating $632,373 in 2003 Domestic Preparedness grant funds; adopted RESOLUTION NO. 297-2003 accepting and appropriating $7,000 from the Anti-Terrorism Fund; and approved related actions, as recommended by the Emergency Services Administrator

29.1.   AUTHORIZED the Emergency Services Administrator to execute a grant agreement with the California Department of Forestry and Fire Protection in the amount of $88,901 to fund the first phase of the Fuel Management Habitat Conservation project, as recommended by the Emergency Services Administrator

30.   AWARDED contract to Kase Pacific Construction Company in the amount of $36,480 for the Water Street Sidewalk Repair and Courthouse Rear Landing Replacement project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; authorized the General Services Director to approve change orders and encumber $3,648 in addition to the contract amount to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

31.   ACCEPTED the Exterior Portland Cement Plaster Component of the Building Envelope Repairs project at the Health and Human Services Building as completed; approved final cost in the amount of $148,826; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

32.   ACCEPTED the Sheriff Reception Counter and Office Remodeling project as completed; approved final cost in the amount of $133,448; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

33.   APPROVED plans and specifications for the Rountree Water Systems Improvements project; directed the General Services Department to advertise for bids; and set the bid opening on November 18, 2003 at 10:45 a.m., as recommended by the Director of General Services

33.1.   ACCEPTED funds in the amount of $60,000 from the California Department of Forestry; authorized the Director of Information Services to enter into a Cooperative Agreement in the amount of $152,956.24 between the Association of Bay Area Governments (AMBAG) and the County of Santa Cruz for the Regional Ortho-photography Project; adopted RESOLUTION NO. 298-2003 accepting and appropriating unanticipated revenue in the amount of $152,956.24; and approved related actions, as recommended by the Information Services Director

34.   AUTHORIZED the Santa Cruz County Probation Department to apply to the Robert Wood Johnson Foundation for funding for treatment improvement activities under the Reclaiming Futures initiative; directed the Chief Probation Officer to report back to the Board upon successful award of funding for approval to accept funds; and approved related actions, as recommended by the Chief Probation Officer

35.   ACCEPTED AND FILED status report regarding foster care expenditures; with an additional direction to continue the quarterly reports to the Board regarding foster care expenditures

36.   ACCEPTED AND FILED status report on Juvenile Detention, Court Commitments and Detention Alternatives, and directed the Chief Probation Officer to provide a status report at the first Board meeting in February 2004, as recommended by the Chief Probation Officer

37.   ADOPTED RESOLUTION NO. 299-2003 accepting and appropriating unanticipated revenue in the amount of $134,686 from the Annie E. Casey Foundation and authorized the Chief Probation Officer to execute the grant award Letter of Agreement, as recommended by the Chief Probation Officer

38.   ACCEPTED Treasurer's monthly Cash and Transaction Reports for the period ending September 30, 2003 and approved related action, as recommended by the Treasurer-Tax Collector

39.   APPROVED appointment of Gretchen Dokey to the Women's Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

40.   APPROVED appointment of William Ruskin to the Fire Department Advisory Commission, as the representative of CDF/County Fire, as recommended by Chairperson Pirie

41.   SEE ITEM NO. 67.2 REGULAR AGENDA

42.   REAPPOINTED Supervisor Beautz as the Board's representative to the California State Association of Counties Board of Directors, and reappointed Supervisor Campos as the alternate, for one year term of office commencing on the first day of the CSAC Annual Conference in November, as recommended by Chairperson Pirie

43.   ACCEPTED AND FILED report on the need to continued the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

44.   ADOPTED RESOLUTION NO. 300-2003 accepting and appropriating unanticipated revenue for the Public Health Communicable Disease Program in the amount of $14,200; approved Acceptance of Award with the California Department of Health Services, Tuberculosis Control Branch in the amount of $14,200; authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

45.   CONTINUED TO NOVEMBER 18, 2003 report on Clinic and MediCruz operations

46.   AUTHORIZED submission of grant application to the California Healthcare Foundation "Local Coverage Expansion Initiative" to support efforts to establish universal healthcare coverage for children in Santa Cruz County, as recommended by the Health Services Agency and Human Resources Agency Directors

47.   SCHEDULED a public hearing on Tuesday, December 9, 2003 on the morning agenda, at 9:00 a.m. or thereafter to consider the proposal to rezone Assessor's Parcel Numbers 089-121-82 and 83 from the Special Use (SU) and Public Facilities (PF) zone districts to the Timber Production (TP) zone district; requires Rezoning; the property is located on the southeast side of Bear Creek Road just north of Hopkins Gulch on the east side of Bear Creek Estates #4, Boulder Creek, as recommended by the Planning Director

48.   SCHEDULED a public hearing on Tuesday, November 18, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the proposal to rezone Assessor's Parcel Number 107-081-12 from the Special Use (SU) zone district to the Timber Production (TP) zone district; requires a rezoning; property is located on the south side of Rider Road about 0.7 miles west from Eureka Canyon Road at 333 Rider Road, Corralitos, as recommended by the Planning Director

49.   CONTINUED TO NOVEMBER 4, 2003 report on General Plan and ordinance amendments related to the park site acquisition process

50.   SEE ITEM NO. 67.1 REGULAR AGENDA

51.   APPROVED independent contractor agreement with Monica Burke Consulting for a not-to-exceed amount of $25,650 for project development and grant writing services for the San Lorenzo Valley conjunctive use project feasibility study and pilot project, and authorized the District Engineer to sign the agreement on behalf of the County, as recommended by the District Engineer

52.   ACCEPTED AND FILED status report on the continuation of agricultural land uses on the Coast Dairies Ranch and directed the Planning Department to return with a status report on or before May 25, 2004, as recommended by the Director of Public Works and the Planning Director

53.   APPROVED use of $8,500 in the 2001 Series B Lease Revenue Bonds savings for the additional cost of equipment, as recommended by the Director of Public Works

54.   APPROVED plan line for Gross Road from Coffee Lane to Capitola city limits and directed Public Works staff to include the plan line for this portion of Gross Road in the Master Plan Line file, as recommended by the Director of Public Works

55.   APPROVED contract change order in the amount of $60,075 for the 2002/2003 Pavement Management Digout Project Phase II; authorized the Chairperson of the Board to sign the change order on behalf of the County; and approved related actions, as recommended by the Director of Public Works

56.   APPROVED independent contractor agreement with the Volunteer Centers of Santa Cruz County to provide graffiti abatement services in the not-to-exceed amount of $78,000, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

57.   APPROVED road closures and parade for the Soquel High School Homecoming Parade scheduled for October 25, 2003, and directed the Public Works Department to issue the parade permit, as recommended by the Director of Public Works

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED reimbursement of loan interest expenses to South County Housing as part of the assistance to the Pajaro Lane Affordable Housing project, as recommended by the Redevelopment Agency Administrator

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the expenditure of $43,960 for participation in Association of Bay Area Government's (AMBAG) air photo project, as recommended by the Redevelopment Agency Administrator

60.   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.: Arreola, et al v. County of Monterey, et al. Monterey County Superior Court Case No. 105611

Case Name/No.: Monterey County Water Resources Agency v. County of Santa Cruz, et al. San Benito County Superior Court Case No. 228382

Claim Name/No: Progressive as subrogee of Etienne Thomas Claim No. 203-024

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

ACCEPTED request to add late item to the Closed Litigation Session that the Board of Supervisors determine, by a two-thirds vote of its membership that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

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

WBCP

REPORT OF COUNTY COUNSEL - In the matter of Progressive as subrogee of Etienne Thomas, Claim No. 203-024, the Board of Supervisors authorized payment of the claim in the amount of $6,815.66

BWCP

60.1.   AUTHORIZED the Chairperson to send a letter to Assembly Member John Laird asking him to introduce legislation to allow the County to recoup our defense fees when we are successful in defending our Mobile Home Rent Control Ordinance, as recommended by Supervisor Beautz

REGULAR AGENDA

61.   ELECTED Supervisor Wormhoudt to serve as the Vice-Chairperson of the Board of Supervisors for the remainder of the year

CBWP

62.   CONSIDERED proposed ordinance amending Santa Cruz County Code Sections 10.04.165 and 10.04.300, and adding Section 10.04.305 relating to prohibited activities in park facilities and park facility closures;

approved "in concept" ordinance amending County Code Sections 10.04.164 and 10.04.300, and adding County Code Section 10.04.305 relating to prohibited activities in park facilities and park facility closures to return on November 25, 2003 for final adoption
WBCP

63.   Continued public hearing to consider the Coastal Commission's modifications to the Wireless Communication Facilities Ordinance (WCF);

(1) opened public hearing to accept public comments on the Coastal Commission's modifications to the WCF;

(2) accepted and filed report on the California Coastal Commission's modifications to the Wireless Communications Facilities Ordinance; with the following additional directions: (a) continued the public hearing to November 18, 2003, (b) directed Planning Department staff to meet with the Coastal Commission staff either with Sheriff Tracy, or with his help and participation in preparing for the meeting, to discuss exemptions and public safety issues, incentives to co-locate and to more appropriately determine what kind of new application is most likely to survive the Coastal Commission process, and (c) report back on November 18, 2003 with options for consideration by the Board based on the results of the meeting with the Coastal Commission staff
WBCP

64.   Public hearing held to consider ordinance amending Chapter 9.42 of the County Code related to Soquel Parking and Business Improvement Area;

staff advised the Board of a correction as follows: delete the words "the required the" in the seventh paragraph, beginning WHEREAS, of the ordinance (attachment 1); opened public hearing to accept public comments on the proposed ordinance changes; closed public hearing and adopted ORDINANCE NO. 4741 Amending Chapter 9.42 of the County Code Relating to Fees Within the Soquel Village Parking and Business Improvement Area
BCWP

65.   CONSIDERED proposed ordinance amending Chapter 4.50 of the Santa Cruz County Code by deleting section 4.50.020 to conform to the monetary limit for the cancellation of taxes and/or supplemental and escape assessments and considered related actions;

approved "in concept" ordinance amending Chapter 4.50 by deleting Section 4.50.020 of the Santa Cruz County Code to conform to the monetary limit for the cancellation of taxes and/or supplemental and escape assessments to return on November 4, 2003 for final adoption
CWBP

66.   APPROVED reappointment of Ann L. Butler to the Assessment Appeals Board, as an at-large representative, in accordance with County Code Section 2.98.030, for a term to expire September 1, 2006
CBWP

67.   RECEIVED bids regarding the Parking Lot Paving - 265 Water Street Project and referred to the Department of General Services to return on or before November 18, 2003 with recommendation on awarding of bid
WB(C)P

67.1.   ACCEPTED AND FILED report on Request for Proposals (RFP) for consultant services for survey and evaluation of historic significance of certain properties in the Live Oak Planning area; directed the Planning Department to send the Request for Proposals and the Scope of Work to the appropriate consultants; and directed the Planning Department to return on January 27, 2004 with the contract and associated fiscal actions, as recommended by the Planning Director
BW/C/P

67.2.   APPROVED Highway 1 Construction Authority Joint Exercise of Powers Agreement, which authorizes the County of Santa Cruz to participate in a Highway 1 Construction Authority, and authorized the Chairperson to execute the agreement on behalf of the County, as recommended by Chairperson Pirie
BCw/S/P

68.   CONSIDERED public art component for the Polo Grounds County Park;

(1) approved the selection of Susanna Arias as the artist for the Polo Grounds Parks;

(2) approved the project as presented;

(3) and approved the contract with Ms. Arias for the total of $10,00 for the creation of the entrance sculpture and authorized the Parks Director to sign the contract on behalf of the County
CWBP

69.   Continued public hearing to November 18, 2003 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; (4) and directed Planning staff to incorporate the agreement presented by Jonathan Wittwer and the Conditions presented by Richard Beale into a set of conditions for Board consideration; report back on how to change the house designs and information on how to change the conditions for Tracts 10 and 11
BWCAP

70.   Public Hearing held on the Draft Housing Element;

(1) conducted public hearing on the Draft Housing Element;

(2) and continued public hearing to February 24, 2004, to consider the recommendations of the Planning Commission regarding the County Housing Element
WCBP

70.1.   ACCEPTED request of the County Administrative Officer to add late item to the regular agenda, and that the Board of Supervisors determine, by a two-thirds vote of its members present at the meeting, that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted and added late item as follows:

(2) The Board of Supervisors continued the October 28, 2003 meeting to November 4, 2003, due to a scheduling conflict
(1) WBCP
(2) WBCP

71.   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

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS