Santa Cruz County Board of Supervisors Minutes: 11/18/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 31
Tuesday, November 18, 2003

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, S = Stone; 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.		Deletions to Consent Agenda: Item Nos. 13 and 32
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 4, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 30, 2003 through November 12, 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 Pete and Ikuyo Pearson, No. 304-042, Amended, and referred to County Counsel

11.   REJECTED the claim of Lynn Macy, No. 304-043, and referred to County Counsel

12.   REJECTED the claim of Stephanie Cherin, No. 304-047, and referred to County Counsel

13.   DELETED ITEM

14.   CONTINUED the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services to February 24, 2004, as recommended by the County Administrative Officer

15.   ACCEPTED AND FILED report on Direct Recording Equipment (DRE) voting systems, as recommended by the County Clerk

16.   ADOPTED RESOLUTION NO. 312-2003 accepting and appropriating unanticipated revenue in the amount of $66,268; awarded contract to Joseph J. Albanese, Incorporated in the amount of $52,334 for the Parking Lot Paving - 265 Water Street 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 $5,233.40 in addition to the contract amount; and approved related fiscal action, as recommended by the Director of General Services

17.   ACCEPTED the Roofing Membrane Component of the Building Envelope Repairs project at the Health and Human Services Building as completed; approved final cost in the amount of $157,374; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

17.1.   APPROVED and ratified agreement with Mobile Modular Management Corporation for the removal and delivery, installation, modification and leasing of two modular buildings for the County Courts; adopted RESOLUTION NO. 313-2003 accepting and appropriating unanticipated revenue from the Courthouse Construction Fund to finance the full term of the lease agreement and related one time expenses, as recommended by the Director of General Services

18.   ADOPTED RESOLUTION NO. 314-2003 amending salary Resolution No. 279-75 to implement a classification and salary action in the Santa Cruz County Regional Transportation Commission, as recommended by the Director of Personnel

19.   APPROVED Memorandum of Understanding (MOU) for the Health Care Professional Unit (HCPU); adopted RESOLUTION NO. 315-2003 to implement provisions of the agreement; adopted RESOLUTION NO. 316-2003 amending salary Resolution No. 279-75; and authorized the Personnel Director to sign the MOU, as recommended by the County Administrative Officer and the Personnel Director

20.   ADOPTED RESOLUTION NO. 317-2003 accepting and appropriating unanticipated revenue from the Rural Crimes Trust Fund and Federal Asset Forfeiture Trust Fund in the amount of $20,152.25 and approved purchase of various law enforcement fixed assets, as recommended by the Sheriff-Coroner

21.   ACCEPTED Treasurer's monthly Cash Report and Transaction Report for the period ending October 31, 2003 and approved related action, as recommended by the Treasurer-Tax Collector

22.   ACCEPTED nomination of Michael W. Keogh for reappointment to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large appointee, for a term to expire December 31, 2007, with final appointment to be made November 25, 2003, as recommended by Supervisor Beautz

23.   ACCEPTED notification of at-large vacancy on the Domestic Violence Commission, for a representative of survivors of domestic violence, with nominations to be received on December 9, 2003, and final appointment to be made January 6, 2004, as recommended by Chairperson Pirie

24.   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

25.   APPROVED agreement with Salud Para La Gente for pharmacy start-up funding in the amount of $110,000 and ongoing pharmacy services at various pricing and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

26.   ACCEPTED AND FILED report on Project Connect staffing, as recommended by the Health Services Agency Director

27.   AUTHORIZED payment of prior year invoices totaling $2,769.34, as recommended by the Health Services Agency Director

28.   SEE ITEM NO. 56.3 REGULAR AGENDA

29.   AUTHORIZED the Health Services Agency Director to sign agreements for the Federal Juvenile Drug Court Grant, the State Comprehensive Drug Court Initiative Grant, and the State Drug Court Partnership Grant; authorized Health Services to negotiate amendments to agreements with Pajaro Valley Prevention and Student Assistance and the University of California, San Francisco; approved the addition of one Deputy Probation Officer II; adopted RESOLUTION NO. 318-2003 accepting and appropriating $142790 of unanticipated Federal Juvenile Drug Court grant revenues in the Health Services Agency Alcohol and Drug Program budget; and approved related actions, as recommended by the Health Services Agency Director and the Chief Probation Officer

30.   APPROVED contract with the Employment Development Department for reception services in the amount of $59,028 for the Career Center at Watsonville, and authorized the Human Resources Agency Director to sign the contract on behalf of the County, as recommended by the Human Resources Agency Director

31.   ADOPTED RESOLUTION NO. 319-2003 approving amendment to agreement No. FAPP-3067 with the California Department of Education regarding subsidized child care services for families in our community by increasing one contract amount by $297,406 and adopted RESOLUTION NO. 320-2003 approving amendment to agreement No. GAPP-3070 with the California Department of Education regarding subsidized child care services for families in our community by decreasing contract amount by $409,385, as recommended by the Human Resources Agency Director

32.   DELETED ITEM

33.   DEFERRED report back on the Public Guardian fees for services to November 25, 2003, as recommended by the Human Resources Agency Director

34.   SCHEDULED a public hearing on Tuesday, December 9, 2003, on the morning agenda, to consider recommendation of the Planning Commission to rezone certain properties to or from the Historic Landmark (L) combining district, as recommended by the Acting Planning Director

35.   APPROVED gross pay adjustment in the amount of $658.40 for an employee in the Planning Department, as recommended by the Acting Planning Director

36.   SEE ITEM NO. 56.1 REGULAR AGENDA

37.   ACCEPTED Progress Report on FishNet 4C Implementation Plan; directed staff to incorporate implementation actions into work programs; and directed the Planning Department to report back on November 16, 2004, with a progress report on the Implementation Plan, as recommended by the Planning Director

38.   ACCEPTED AND FILED report on the development of the FishNet 4C cooperative operations and maintenance manual "Guidelines for Protecting Aquatic Habitat and Salmon Fisheries for County Operations and Maintenance Activities," and directed Public Works to return in April 2004 with the final draft to be adopted, as recommended by the Director of Public Works

39.   ACCEPTED AND FILED report on the management of Sudden Oak Death infected material and directed Public Works to work with the University of California, Division of Agricultural and Natural Resources to implement a Sudden Oak Death material collection, processing and research program at the Ben Lomond Transfer Station, as recommended by the Director of Public Works

40.   APPROVED amendment to agreement with Kinnetics Laboratories/ToxScan, Incorporated, for implementation of a storm water treatment system monitoring plan for the 30th, 32nd, and 33rd Avenue Storm Drain, Sanitary Sewer, and Sidewalk Improvements to increase the amount by $20,040 for a total not-to-exceed amount of $40,600, 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

41.   ADOPTED RESOLUTION NO. 321-2003 for right-of-way acquisition for the Davenport Underground Utility project; approved payment of claim; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

42.   APPROVED Program Supplement in the amount of $184,848 in revenue for the Kings Creek Road Bridge Replacement project; adopted RESOLUTION NO. 322-2003 authorizing execution of an agreement between the State of California and the County of Santa Cruz for design engineering and replacement of said bridge; authorized the Director of Public Works to sign the original and duplicate original on behalf of the County; and approved related actions, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 323-2003 approving the filing of grant applications in the amounts of $50,000 for Amesti Road and $100,000 for Calabasas Road for funds from the Bicycle Transportation Account Program, as recommended by the Director of Public Works

44.   AUTHORIZED distribution of the Request for Proposals for Environmental Consulting Services for the County of Santa Cruz Phase II - San Lorenzo River Road-Related Erosion Assessment and Prevention project and directed Public Works to return on January 6, 2004, with a final consultant contract, as recommended by the Director of Public Works

45.   APPROVED independent contractor agreement with Parsons Brinckerhoff Construction Services, Incorporated in the total not-to-exceed amount of $192,957 for construction administration and inspection services required for the construction of two Kings Creek Road Bridges and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

46.   MADE findings that the imposition of the Trench Cut Cost Recovery Fee is inconsistent with the contract with Pacific Gas and Electric Company and SBC and therefore exempt them from paying trench cut fees, as recommended by the Director of Public Works

47.   SEE ITEM NO. 56.2 REGULAR AGENDA

48.   DIRECTED the Parks Department to amend the Joint Powers Agreement with the Bonny Doon Union Elementary School District to include an additional $75,000 for a total contract amount of $180,000 and transfer $75,000 within Bonny Doon Parks Dedication Fund from Land Other to Structures and Improvements to fund the additional renovations to the Bonny Doon Sport Field, as recommended by the Director of Parks, Open Space and Cultural Services

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of storm water treatment monitoring study for the amount of $21,443 for the Avenues Drainage project and approved related actions, as recommended by the Redevelopment Agency Administrator

50.   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.: County of Santa Cruz v. RDA of the City of Scotts Valley Santa Cruz County Superior Court Case No. 146816

Case Name/No.: Claudia Lynch v. County of Santa Cruz, Kelly Forman, Francine Nickell United States District Court No. C03-04524

Case Name/No.: Delina Ferretti, et al. v. Diane Everstine, et al. Santa Clara County Superior Court No. CV 804650

Case Name/No.: Will Couchie v. County of Santa Cruz WCAB No. SAL 87965, SAL 97966

REPORT OF COUNTY COUNSEL - In the case of County of Santa Cruz v. RDA of the City of Scotts Valley, Santa Cruz Superior Court Case No. 146816, the Board, unanimously, approved the settlement of this litigation in the amount of $100,000, which will be paid in two installments: June 1, 2004 and June 1, 2005
BPWCS

REGULAR AGENDA

51.   CONSIDERED County's participation in the Second Harvest Food Bank Holiday Food Drive for 2003, as well as, continued participation on an annual basis and established November 10, 2003 through December 5, 2003 as the period for contributions to the food drive at County facilities
WCBSP

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

closed pubic hearing;

(1) ADOPTED RESOLUTION NO. 324-2003 Amending the Wireless Communication Facilities Ordinance (County Code Section 13.10.660 through 13.10.668 inclusive) and Amending the Zoning Ordinance Uses Chart (County Code Sections 13.10.312, 13.10.322, 13.10.332, 13.10.342, 13.10.352, 13.10.362 and 13.10.372) to Incorporate the California Coastal Commission's Suggested Modifications and Other Related Revisions (Attachment 1);

(2) ADOPTED ORDINANCE NO. 4743 Amending County Code Sections 13.10.660 through 13.10.668 Inclusive, incorporating the Coastal Commission's suggested modifications and other related revisions (Attachment 2), and adopted ORDINANCE NO. 4744 Amending Zoning Ordinance Uses Chart, County Code Section 13.10.312, 13.10.322, 13.10.332, 13.10.342, 13.10.352, 13.10.362 and 13.10.372 - Incorporating the California Coastal Commission's Suggested Modifications by Adding Wireless Communication Facilities as an Allowed Use in the Commercial Agricultural Zoning District (Attachment 3);

(3) Certified the CEQA Exemption (Attachment 6);

(4) and directed the Planning Department to transmit the amendments to the California Coastal Commission for de novo review as Local Coastal Program (LCP) Land Use Plan and Implementation Ordinance amendments for their approval and certification
WBCSP

53.   Public hearing held to consider proposed road bump installation on Monterey Drive, Aptos and considered related actions;

(1) conducted public hearing on the proposed road bump installation on Monterey Drive, Aptos;

(2) closed public hearing;

(3) accepted and filed report on alternative road bump designs and directed the Department of Public Works to report back on February 24, 2004, with the results of further studies for traffic calming alternatives;

(4) and adopted RESOLUTION NO. 325-2003 approving the installation of three road bumps on Monterey Drive, Aptos
BWCSP

54.   Public hearing held to consider ordinance adding Chapter 5.41 to the Santa Cruz County Code related to point-of-sale system registration;

(1) closed public hearing;

(2) ADOPTED RESOLUTION NO. 326-2003 Adding Chapter 5.41 to the Santa Cruz County Code Relating to Point-of Sale Registration;

(3) and additionally ADOPTED ORDINANCE NO. 4745 Adding Chapter 5.41 to the Santa Cruz County Code Relating to Point-of-Sale Registration
WCBSP

55.   Public hearing held to consider Application 02-0554, 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; Applicant: Jim Hildreth; Owner: S. and Caroline Swaminathan;

closed public hearing;

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

(2) executed the Agreement (Attachment 4) between the County of Santa Cruz and the property owners, S. and Caroline Swaminathan;

(3) ADOPTED ORDINANCE NO. 4746 Amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Number 107-081-12 from the A zone district to the TP zone district (Attachment 6);

(4) directed the Planning Department to execute and record the Declaration of Restrictions (Attachment 5) on the property deed;

(5) and directed the Planning Department to update the General Plan Timber Resources Map to include the entire area within the boundaries of Assessor's Parcel Number 107-081-12 as Timber Resources
CWBSP

56.   RECEIVED bids regarding Rountree Water System Improvements Project and referred to the General Services Department to return on or before December 9, 2003 with a recommendation on awarding of bid
CWBSP

56.1.   ACCEPTED AND FILED report on residential uses in the Public Facilities zone district and directed Planning staff to include the proposed amendments to the General Plan and Zoning Ordinance regarding residential uses in the Public Facilities designation in the 2003-2004 Work Program, as recommended by the Acting Planning Director
WCBSP

56.2.   ACCEPTED AND FILED report on time keeping in the Department of Public Works' Water/Wastewater Division, as recommended by the Director of Public Works
BWCSP

56.3.   ACCEPTED AND FILED report on Clinic and MediCruz operations and directed the Health Services Agency to return on April 27, 2004 with a further progress report on recommendations which are not yet completed or partially completed; with an additional direction that the report come back in the same form as this report so that it is easy to trace the finding, recommendation and action; and a report on how the specific issue of change management process is being handled at the clinics, what the process is for that and some kind of time line in terms of these issues;

(2) and directed the Health Services Agency to provide recommendations on night and after hours access to clinics on February 24, 2004 after consultation with other community clinics and patients is complete;

(3) with further direction that Doctor Rama Khalsa report back on how cases of Hepatitis C are being handled in the clinics as soon as possible
WBCSP

57.   Continued 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 the "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;

(1) closed public hearing;

(2) canceled the existing temporary Open Space Easement with the cancellation becoming effective when the subdivision map is recorded;

(3) adopted RESOLUTION NO. 327A-2003 (Attachment 1 to Attachment 4) amending the General Plan in the next round of General Plan amendments to change the land use designation for the 56.4 acre biotic conservation easement parcel from "Urban Low Density Residential", "Suburban Residential" and "Urban Open Space" to "Resource Conservation" land use;

(4) adopted ORDINANCE NO. 4747 (Attachment 2 to Attachment 4) rezoning the 2.1 acre residential area of the project site from the "SU" (Special Use) zone district to the "R-1-6" (Single-family Residential with 6,000 square foot minimum lot size) zone district and to rezone the remainder of the project properties from the "SU" (Special Use) zone district and the "RA" (Residential-Agricultural) zone district to the "PR" (Parks, Recreation and Open Space) zone district;

(5) approved Application No. 96-0221 according to the conditions in Attachment 3, Applicant's Recommended Conditions of Approval (Revised), with the following changes: (a) Condition IV.R. shall read, "Submit a copy of a written agreement showing the ESMA has agreed to take ownership and management responsibilities of the Biotic conservation easement parcel", (b) IV S.1. Condition One shall be "Upon the recordation of the final map", (c) the last sentence in IV S.2. Condition Two, shall be changed to, "The effectiveness of the action relieving the Association under that amendment to the original agreement authorized by the minor variation shall be contingent upon the satisfaction of Condition One as stated above" and the following language is added to the end of the condition, "The channels and detention basins will be inspected by a qualified contractor retained by Applicant once per year prior to October 15 and the result of that inspection submitted to the drainage division of the County Public Works Department", (d) added a condition that there will be a specific disclosure, including a map, to potential buyers to be approved by the Board of Supervisors prior to approval of the Final Map, (e) added a condition acknowledging the transfer of $35,000 to the new homeowners, and (f) Planning to return to the Board for approval of conditions to the permit on December 9, 2003;

(6) certified the Environmental Impact Report, its Initial Study Addendum (Attachment 5 to Attachment 4), the January 29, 2003 Planning Commission staff report Addendum and the Mitigation Monitoring and Reporting Program (Attachment 6 to Attachment 4) prepared for this project
BPwcS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS