Santa Cruz County Board of Supervisors Minutes: 1/13/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 2
Tuesday, January 13, 2004

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.		Additions and deletions to the consent agenda: ADDED Item No. 40.1 and DELETED Item No. 31; additions to the regular agenda: ADDED Item No. 40.2
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.   DELETED ITEM

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.   REJECTED the claim of Lawrence J. Ficarri, No. 304-057, and referred to County Counsel

11.   REJECTED the claim of Kimiko L. Richmond, No. 304-058, and referred to County Counsel

12.   REJECTED the claim of Ronald R. Parton, No. 304-064, and referred to County Counsel

13.   DEFERRED consideration of modifications to the Memorandum of Understanding (MOU) with the City of Watsonville for the development of expanded Court services in downtown Watsonville until January 27, 2004, as recommended by the County Administrative Officer

14.   APPROVED gross pay adjustment for a District Attorney's Office employee in the amount of $9,968.02, as recommended by the District Attorney

15.   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 February 10, 2004 at 10:45 a.m., as recommended by the Director of General Services

16.   APPROVED transfer of appropriations of $1,500 in Probation's Juvenile Hall budget to implement "Friday Night Live" Substance Abuse Prevention Program, as recommended by the Chief Probation Officer

17.   ADOPTED RESOLUTION NO. 6-2004 accepting and appropriating unanticipated revenue in the amount of $100,917 from the Robert Wood Johnson Foundation for support of program evaluation activities under the Reclaiming Futures Santa Cruz County's program, and authorized the Chief Probation Officer to negotiate contract with the Regents of University of California, San Francisco, Child Services Research Group (UCSF) for program evaluation services, as recommended by the Chief Probation Officer

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

19.   DIRECTED the Chairperson to write to the Governor and the County's legislators conveying the County's support for the California Energy Commission's 2003 Integrated Energy Policy Report, with the modifications and additions outlined, as recommended by Supervisor Pirie

20.   APPROVED appointment of Supervisor Stone to the Santa Cruz Metropolitan Transit District Board of Directors, as recommended by Supervisor Stone

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

22.   APPROVED membership agreement with the Oregon Community Health Information Network for implementation of the EPIC clinical practice management software system, and approved related actions, as recommended by the Health Services Agency Director

23.   AUTHORIZED the Health Services Agency to submit a grant application to the State of California Health and Human Services Agency Housing Opportunities for Persons with AIDS/HIV Housing Development Program for $200,014, as recommended by the Health Services Agency Director

24.   APPROVED submission of a funding application to the California Endowment to implement the Homeless Management Information System, as recommended by the Human Resources Agency Director

25.   ACCEPTED AND FILED report regarding Planning Department Fee Study, as recommended by the Planning Director

26.   ADOPTED RESOLUTION NO. 7-2004 approving and accepting terms and conditions of contracts and rights-of-entry for the Seventh Avenue Road Improvement Project - Phase II Eaton Street to Capitola Road; made findings that the improvements are of benefit to the project area; authorized the Director of Public Works to sign the contracts; and approved payment of claims, as recommended by the Director of Public Works

27.   ADOPTED RESOLUTION NO. 8-2004 for right-of-way acquisition for the Capitola Road Improvement project; made findings that the improvements are of benefit to the project area; and approved payment of claim, as recommended by the Director of Public Works

28.   ACCEPTED improvement for the Graham Hill Road at Treetop Drive Left Turn Lane project as completed; approved final cost in the amount of $295,023.11; and approved related action, as recommended by the Director of Public Works

29.   ADOPTED RESOLUTION NO. 9-2004 for right-of-way acquisition for Mattison Lane Road and Drainage Improvement project; approved transfer of funds in the amount of $40,000 from Disability Access, Live Oak Roadside Improvement Funds to Mattison Lane, Live Oak Roadside Improvement Funds; and approved payment of claims, as recommended by the Director of Public Works

30.   APPROVED amendment to agreement with TJKM Transportation Consultants for traffic engineering services, increasing the contract amount by $6,400 for a total not-to-exceed amount of $47,444, and authorized the Director of Public Works to sign the agreement on behalf of the County; with an additional direction that Public Works return on February 24, 2004 with the results of the traffic study for Aptos Village

31.   DELETED ITEM

32.   ADOPTED RESOLUTION NO. 10-2004 accepting unanticipated revenue in the amount of $50,146.62 from the California Department of Fish and Game; approved independent contractor agreement with Northwest Hydraulic Consultants for a not-to-exceed amount of $46,955 for environmental engineering services for the Road Crossing and Salmonid Passage Assessment project and approved related action, as recommended by the Director of Public Works

33.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ACCEPTED the sewer line and sewer manhole improvements on Gera Court and Doering Lane as completed; adopted RESOLUTION NO. 11-2004 accepting the sanitary sewers and manholes in the subject area into the Freedom County Sanitation District; and approved related actions, as recommended by the District Engineer

34.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ACCEPTED AND FILED progress report on proposed amendments to the Landscaping and Individual Water Systems Ordinance with an additional report to be provided during budget hearings, as recommended by the District Engineer

35.   AUTHORIZED AND DIRECTED the Chair of the Board of Supervisors to execute Certificates of Acceptance in substantially the form required by the two Offers to Dedicate and as required by the Coastal Commission, and directed the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

36.   MADE determination to acquire Assessor's Parcel No. (APN) 026-111-03 for a future park; directed the Redevelopment Agency to initiate the acquisition process for the property; and report back to the Board on or before May 18, 2004, as recommended by the Director of Parks, Open Space and Cultural Services

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of property acquisition settlement in the amount of $12,000 for the Capitola Road Improvement project and approved related actions, as recommended by the Redevelopment Agency Director

38.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of property acquisitions in the amount of $94,600 for the 7th Avenue Improvement Property and approved related actions, as recommended by the Redevelopment Agency Director

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED AND FILED the Year 2004 Annual Continuing Rental Agreement List, as recommended by the Redevelopment Agency Director

40.   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.: Nick Bulaich v. California Department of Health Services, Dr. David McNutt Sacramento Superior Court Case No. 03 CS 01703

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

REPORT OF COUNTY COUNSEL - No report given

40.1.   ACCEPTED the retraction of Arborwell's bid for the Sudden Oak Death Hazardous Tree Removal Project - Phase II; accepted the low bid from Professional Tree Care Company in the amount of $402,875; authorized award of contract; and authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

REGULAR AGENDA

40.2.   SEE ITEM NO. 41.1 REGULAR AGENDA

41.   CONTINUED TO APRIL 20, 2004 public hearing to consider Application No. 01-0173, a 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 a Rezoning; the property is located on the southeast side of Bear Creek road just north of Hopkins Gulch and on the east side of Bear Creek Estates No. 4, Boulder Creek; no situs; Applicant Gary Paul; Owner: Bringhurst LLC
SCBPW

41.1.   CONSIDERED Preliminary Report on the Governor's Proposed State Budget for 2004-05;

accepted and filed report on the Governor's Proposed State Budget for 2004-05; with an additional direction that the County Administrative Officer return with an update on a month to month basis from now until a budget is passed
CBPSW

42.   CONSIDERED report on Measure J and ordinance amendments to County Code Section 17.10 pertaining to enforcement and foreclosure and considered related actions;

(1) accepted and filed report on Measure J

(2) approved "in concept" ordinance amendments to County Code Section 17.10 pertaining to enforcement and foreclosure issues to return on January 27, 2004 for final adoption;

(3) and directed Agency staff to develop recommendations to redesign the sale and resale process for resale restricted units as discussed in this letter, and to include appropriate recommendations in the proposed 2004-05 Budget
PBCSW

43.   CONSIDERED Ordinance adding Santa Cruz County Code Chapter 9.57, Abandoned Vehicles, and ordinance amending Santa Cruz County Code Chapter 9.56, Removal of Vehicles and related actions;

(1) approved "in concept" ordinance adding Santa Cruz County Code Chapter 9.57 Abandoned Vehicles on Street and Highways to Title 9 Road, Vehicles and Traffic of the Santa Cruz County Code to return on January 27, 2004 for final adoption;

(2) approved transfer of funds from County Service Area No. 9C to the Abandoned Vehicle Abatement Program;

(3) ADOPTED RESOLUTION NO. 12-2004 accepting unanticipated revenue in the amount of $55,000;

(4) authorized the Department of Public Works to work with the County Administrative Office to request possible legislation in the County's 2004 legislative program increasing the one-dollar fee on vehicle registration;

(5) with an additional direction to return within a month or two with a new proposed ordinance amending Santa Cruz County Code Chapter 9.56, which regulates removal of vehicles that constitute a nuisance from private and public property
PCBSW

44.   CONSIDERED revised Joint Powers Authority Agreement for the Highway 1 Construction Authority and considered related actions;

(1) approved the revised Joint Powers Authority Agreement for the Highway One Construction Authority;

(2) authorized the County to serve as host agency for the new Authority subject to the conditions outlined in this letter;

(3) and authorized the Department of Public Works to serve as the Interim Administrator for the new Authority;

(4) with an additional direction to staff to return at the first meeting in March 2004 with a report on the Authority's Budget, Department of Public Works staffing requirements for the Highway One Construction Authority for fiscal years 2003-2004 and 2004-2005, and Minutes of the Regional Transportation Commission that indicate how the environmental document work was to be transferred to the Authority from the Transportation Commission
PBCSw

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS