Santa Cruz County Board of Supervisors Minutes: 3/16/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 9
Tuesday, March 16, 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 to the Consent Agenda; Item Nos. 45.1, 45.2 and 45.3; Deletions to the Closed Session Agenda; Item No. 46, DELETED: Case Name/No.: Nancy Coe v County of Santa Cruz, Santa Cruz County Superior Court No. CV139334; DELETED: CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: Director of Personnel, All Bargaining Units and Unrepresented Employees
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 2, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 4, 2004 through March 10, 2004 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 Arkadiusz Juszkiewicz, No. 304-083, and referred to County Counsel

11.   REJECTED the claim of Laurie Lasker, No. 304-084, and referred to County Counsel

12.   REJECTED the claim of Richard O. Wood, Jr. No. 304-087, and referred to County Counsel

13.   ADOPTED RESOLUTION NO. 55-2004 amending Resolution No. 173-83 authorizing the Auditor-Controller to issue new warrants to replace void warrants without prior individual order of the Board of Supervisors by extending the period after which a warrant is void from six months to one year, and by increasing the amount from $2,500 to the actual amount of the original warrant, as recommended by the Auditor-Controller

14.   INSTRUCTED the Auditor-Controller to issue replacement warrants in the total amount of $5,591.07 to replace uncashed and stale dated warrants, as recommended by the Auditor-Controller

15.   APPROVED Settlement Agreement and future payments to the County by the City of Capitola in County of Santa Cruz v. Redevelopment Agency of the City of Capitola, as recommended by County Counsel

16.   ACCEPTED report in Big Creek Lumber Company, et al. v. County of Santa Cruz, et al., announcing the authorization of the filing of a petition for review by the California Supreme Court, as recommended by County Counsel

17.   AS THE BOARD OF DIRECTORS OF THE MID-COUNTY GEOLOGIC HAZARD ABATEMENT DISTRICT, ADOPTED RESOLUTION NO. 56-2004 annexing Assessor's Parcel Number 065-144-15 into Zone 4 of the District; authorized purchase of the parcel utilizing Flood Mitigation Assistance Grant funds; and approved related actions, as recommended by the Emergency Services Administrator

18.   AWARDED contract to Sanchez Grading in the amount of $189,549 for the Mesa Village Park-Play Area Improvements project; authorized the Parks Director to notify the contractor and sign the contract agreement and associated documents; authorized the Parks Director to approve change orders; and approved related fiscal action, as recommended by the Director of General Services

19.   AWARDED contract to Sanchez Grading in the amount of $106,907 for the Felton Covered Bridge Park-Play Area Improvements project; authorized the Parks Director to notify the contractor and sign the contract agreement and associated documents; authorized the Parks Director to approve change orders and encumber $10,690.70; and approved related fiscal action, as recommended by the Director of General Services

20.   ACCEPTED AND FILED report on IRS Changes Affecting the Transfer of Accrued Leave Balances Into Deferred Compensation At Time of Employment Separation, as recommended by the Personnel Director and the Auditor-Controller

21.   APPROVED VertiQ Software License Agreement purchase for the Coroner's Unit in the amount of $28,800 and authorized the Sheriff-Coroner to sign the agreement on behalf of the County, as recommended by the Sheriff-Coroner

22.   ACCEPTED Treasurer's monthly Cash Report and Transaction Report for the period ending February 29, 2004 and approved related action, as recommended by the Treasurer-Tax Collector

22.1.   APPROVED appointment of Myrna Britton as the Fifth District alternate representative to the Planning Commission, for a term to expire January 3, 2005, as recommended by Supervisor Stone

23.   APPROVED appointment of Sergeant Donna Lind to the Domestic Violence Commission, as the representative of the Santa Cruz County Law Enforcement Chief's Association, as recommended by Chair Wormhoudt

24.   ACCEPTED nomination of various persons for appointment to the Long Term Care Interagency Commission, as at-large representatives in the categories indicated, for terms to expire April 1, 2008, with final appointment to be made March 23, 2004, as recommended by Chair Wormhoudt

25.   APPROVED amendment to agreement with Community Alliance with Family Farmers, for health education services, increasing the contract to $121,814 and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

26.   APPROVED amendments to agreements with 7th Avenue Center, increasing the daily rate to $145.06 and changing the name Rafael Estrada to Estrada Consulting Incorporated and changing the hourly rate; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

27.   ADOPTED RESOLUTION NO. 57-2004 supporting the March for Women's Lives and authorized the Chief of Public Health to serve as the County's representative at the march on April 25, 2004, at no cost to the County, as recommended by the Health Services Agency Director

28.   AUTHORIZED a contract amendment with Gov/Connect, Incorporated to extend the term of the contract through June 30, 2005 for information services, as recommended by the Human Resources Agency Director

29.   AUTHORIZED the Director of Public Works to make a partial release of the Faithful Performance Security in the amount of $42,000 submitted for Tract 1409, Atherton Place (Phase I), as recommended by the Director of Public Works

30.   ACCEPTED AND FILED report on alternative traffic calming devices, as recommended by the Director of Public Works

31.   ADOPTED RESOLUTION NO. 58-2004 supporting the El Rancho Drive Storm Damage Repair and Highway 17 Retaining Wall Retrofit project; authorized the Director of Public Works to sign the CALTRANS Transportation Finance Bank Revolving Loan Program application to secure a loan of $600,000 and the STIP AB 3090 application to repay the loan with a future STIP allocation; directed the Department of Public Works to return to the Board on or before April 27, 2004, for approval of project plans and specifications for the project; and directed the Department of Public works to return on or before June 22, 2004, in order to accept the CALTRANS TFB loan proceeds and conditions prior to or at the time of award of the construction contract, as recommended by the Director of Public Works

32.   ACCEPTED and approved engineer's report for County Service Area (CSA) No. 23, Zone C, Old Ranch Road, CSA No. 28, Lomond Terrace, CSA No. 47, Braemoor Drive and CSA No. 58, Ridge Drive; adopted RESOLUTION NO. 59-2004 Resolution of Intention to Authorize and Levy an increased Assessment for Road Maintenance and Operations CSA No. 23, Zone C, Old Ranch Road; adopted RESOLUTION NO. 60-2004 Resolution of Intention to Authorize and Levy an increased Assessment for Road Maintenance and Operations CSA No. 28, Lomond Terrace; adopted RESOLUTION NO. 61-2004 Resolution of Intention to Authorize and Levy an increased Assessment for Road Maintenance and Operations CSA No. 47, Braemoor Drive; adopted RESOLUTION NO. 62-2004 Resolution of Intention to Authorize and Levy an increased Assessment for Road Maintenance and Operations CSA No. 58, Ridge Drive; approved notices of public hearing, ballot procedures, and ballots for the proposed increased 2004/2005 assessments; scheduled a public hearing for Tuesday, May 4, 2004, on the morning agenda, at 9:00 a.m. or thereafter; directed the Clerk of the Board to publish a summary notice of the public hearing; and directed Public Works to mail ballots to the record owners of properties, as recommended by the Director of Public Works

33.   APPROVED independent contractor agreement with Ecology Action for an educational project promoting green building materials, for a not-to-exceed amount of $24,987; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

34.   ADOPTED RESOLUTION NO. 63-2004 setting Tuesday, May 4, 2004 at 9:00 a.m. or thereafter as the date and time for a public hearing on County Service Area (CSA) No. 5, Sand Dollar and Canon Del Sol for proposed increases in sewer service fees; approved the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; directed Public Works to mail notice to all affected property owners within CSA No. 5; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 64-2004 setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 2, Place de Mer for proposed increases in sewer service fees; approved the notice of public hearing on proposed 2004/2005 increase for sewer service fees; directed Public Works to mail notice to all affected property owners within CSA No. 2; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

36.   SEE ITEM NO. 54.1 REGULAR AGENDA

37.   ADOPTED RESOLUTION NO. 65-2004 setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 10, Rolling Woods for proposed increases in sewer service fees; approved the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; directed Public Works to mail out notice to all affected property owners within CSA No. 10; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

38.   ADOPTED RESOLUTION NO. 66-2004 setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 20, Trestle Beach for proposed increases in sewer service fees; approved the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; directed Public Works to mail out notice to all affected property owners within CSA No. 20; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

39.   APPROVED construction agreement between the Pajaro Valley Unified School District (PVUSD) and the County of Santa Cruz to reimburse the County for costs associated with the installation of pedestrian railing on the existing State Route 1 overpass at Harkins Slough Road; adopted RESOLUTION NO. 67-2004 accepting and appropriating unanticipated revenue in the amount of $60,865 from the PVUSD; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

40.   ACCEPTED improvement for the Brommer Street Improvements Phase II project; approved final cost in the amount of $559,740.41; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

41.   ADOPTED RESOLUTION NO. 68-2004 requesting that the State of California Department of Transportation permit the 15th Annual Boulder Creek Art and Wine Festival and the 15th Annual 4th of July Parade Highway 9 closure and approved road closure and festival, subject to conditions, and approved related action, as recommended by the Director of Public Works

42.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, May 4, 2004 at 9:00 a.m. or thereafter to consider adoption of ordinances amending District Code for 2004/2005 fees for water service and sewer service; directed Public Works to mail the notice of public hearing; and approved related actions, as recommended by the District Engineer

43.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, May 4, 2004 at 9:00 a.m. or thereafter to consider adoption of an ordinance amending District Code for fees for sewer service for 2004/2005 in the Freedom County Sanitation District and approved related action, as recommended by the District Engineer

44.   DIRECTED the Parks Department to report back on or before Budget Hearings with final recommendations regarding the use of Proposition 40 Funds, as recommended by the Director of Parks, Open Space and Cultural Services

45.   RESCINDED the Board's action of January 13, 2004 authorizing the signing and recording of a Certificate of Acceptance for two Offers to Dedicate; adopted RESOLUTION NO. 69-2004 Clarifying Acceptance of Open Space Easement and Public Access Easement; and directed the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

45.1.   ACCEPTED nomination of Rama Khalsa, Cecilia Espinola, and Maria Castro for reappointment to the First 5 Commission, as at-large representatives pursuant to County Code Section 2.45.040, for terms to expire April 1, 2005, with final appointment to be made March 23, 2004, as recommended by Chair Wormhoudt

45.2.   APPROVED appointment of Tearlach F. Sinclair to the Commission on Disabilities for a term to expire April 1, 2005, as recommended by Supervisor Beautz

45.3.   APPROVED appointment of David W. Bridge to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

46.   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

Eric Pan v. Michael E. Barton and Lisa Agliano

Santa Cruz County Superior Court Case No. CV 148321

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

47.   Public hearing held to consider Application No. 03-0276, a proposal for a 40-unit affordable project; the property is located northwest of the Searidge Road and McGregor Drive intersection in the Seacliff area of Aptos; no situs; Assessor's Parcel No.: APN 038-081-34; Owner: South County Housing; Applicant: South County Housing/RJA & Associates;

(1) closed public hearing;

(2) certified the Negative Declaration as complying with the requirements of the California Environmental Quality Act (Exhibit G of Attachment 4) and;

(3) approved Application No. 03-0276, based upon the attached Findings (Attachment 1) and Conditions (Attachment 2), with the addition of the following condition: "II. Prior to issuance of Building Permit, the applicant/owner shall: Y. All building plans and future construction of the buildings shall conform to the Architectural Floor Plans and Elevations as depicted in Exhibit "A" and changes to aspects of the project design as described below will not be permitted without review and approval by the Board of Supervisors: 1. Placement of windows that face directly towards and are visible from existing offsite residential development as shown on the architectural plans, 2. Exterior materials (finishes shall be "HardiShingle" Straight-Edge Panel or equal shingle siding). T-1-11 type siding is not allowed. Exterior color combinations shall be interspersed throughout the development, 3. Notwithstanding the approved preliminary architectural plans, all future development shall comply with the development standards as applied to this project for the RM-3 zone district. No future development onsite shall exceed the lot coverage or floor area ratio requirements, or other standard as may be established for the zone district"
PBCSW

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONSIDERED financing for the Seacliff Highlands Housing project in the amount of $2,559,700;

(1) ADOPTED RESOLUTION NO. 70-2004 directing the Redevelopment Agency (RDA) to provide a funding commitment of up to $2,559,700 to South County Housing, Inc. for the Seacliff Highlands project; and

(2) authorized the Executive Director of the RDA, or her designee, to negotiate and sign the related financing agreements
PCBSW

49.   Public hearing held to consider parking maintenance and operating charges for the Soquel Village Parking and Business Improvement District for the 2004/2005 fiscal year;

(1) closed public hearing;

(2) accepted and filed the Annual Report of the Soquel Village Parking and Business Improvement Area assessment charges for the 2004-2005 fiscal year;

(3) ADOPTED RESOLUTION NO. 71-2004 Resolution of Intention to Establish Parking Improvement Charges for the 2004-2005 Fiscal Year (Attachment 2);

(4) directed the Clerk of the Board to publish the legal notice of the Resolution of Intention to Establish Parking Improvement Charges for the 2004-2005 fiscal year; and

(5) directed the Redevelopment Agency to provide the participants in the improvement area with legal notice of the Resolution of Intention to Establish Parking Improvement charges for the 2004-2005 fiscal year
BP/C/SW

50.   Public hearing held to consider the proposal to rezone vacant parcels (portions of Assessor's Parcel Numbers 040-281-01, 02 and 03) from the Special Use (SU) zone district to the Timber Production (TP) zone district; requires a Rezoning; property is located on the north side of Sequoia Way about 1,000 feet north from Cathedral Drive and just north of 221 Sequoia Drive, Aptos; Applicant: Cassady Bill Vaughn; Owner: Timothy and Kristin Taylor;

(1) closed public hearing;

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

(3) executed the Agreement (Attachment 3) between the County of Santa Cruz and the property owners, Timothy and Kristin Taylor;

(4) adopted ORDINANCE NO. 4758 amending Chapter 13.10 of the Santa Cruz County Code that Rezones two vacant parcels formed by portions of Assessor's Parcel Numbers 040-281-01, 02 and 03 (pending APN 040-281-06 and 08) from the SU zone district to the TP zone district (Attachment 1);

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

(6) directed the Planning Department to update the General Plan Timber Resources Map to include the entire area within the boundaries of pending Assessor's Parcel Number 04-281-06 and 08 as Timber Resources
PCBSW

51.   Continued public hearing held on the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services;

(1) opened public hearing;

(2) continued to May 4, 2004
PCBSW

52.   CONSIDERED the Issuance of Certificates of Participation to finance the settlement of the 1995 Pajaro River Flood litigation;

ADOPTED RESOLUTION NO. 72-2004 approving the issuance of 2004 Certificates of Participation in the maximum principal amount of $25,000,000 and approved related documents and actions
BC/P/SW

53.   AS THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, CONSIDERED the Issuance of Certificates of Participation on Behalf of the County of Santa Cruz;

ADOPTED RESOLUTION NO. 73-2004 of the Santa Cruz County Public Financing Authority authorizing the issuance of not to exceed $25,000,000 Principal Amount of Lease Revenue Bonds, authorizing and directing execution of a form of a Trust Agreement, a Lease Agreement, Assignment Agreement and a Site Lease
CPBSW

54.   CONSIDERED bid protest filed by Sonoma Engineering related to the Rountree Water System Improvements project;

(1) denied the Bid Protest submitted by Sonoma Engineering;

(2) directed the General Services Department to return on March 23, 2004 with a recommendation of award for the Rountree Water Systems Improvement Project
PCBSW

54.1.   ADOPTED RESOLUTION NO. 74-2004 setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 7, Boulder Creek for proposed increases in sewer service fees; approved the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; directed Public Works to mail out notice to all affected property owners within the CSA; and approved related action; with the additional direction to Public Works to hold a workshop or workshops, between now and the public hearing, to explain thoroughly to various groups within the community what the plan is
SBPCW

55.   Public hearing held to consider report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Levee Reconstruction Project;

(1) closed public hearing;

(2) accepted and filed report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Levee Reconstruction Project
PCBSW

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, public hearing held to consider report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Flood Levee Reconstruction Project;

closed public hearing;

(1) accepted and filed report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Preliminary Locally Preferred Plan for the Pajaro River Flood Levee Reconstruction Project;

(2) ADOPTED RESOLUTION NO. 75-2004 approving the Preliminary Locally Preferred Plan project Alternatives 2a and T4, amended as follows: fifth paragraph should read: "WHEREAS, the U. S. Army Corps of Engineers has requested that both Santa Cruz County and Monterey County, as local sponsors, select the "preliminary locally preferred plan" so the development of the Environmental Impact Report and the Environmental Impact Statement can proceed."; and paragraph six should read: "NOW THEREFORE, BE IT RESOLVED AND ORDERED that Alternative 2a for the mainstem and Alternative T4 for the tributaries, as described in the May 12, 2003, U.S. Army Corps of Engineers stakeholder meeting which may be modified in final design, are approved as the Preliminary Locally Preferred Plan for the Pajaro River Levee Reconstruction Project; thereby enabling the U. S. Army Corps of Engineers, in cooperation with the sponsoring counties, to initiate the environmental review process for this critical project"; add paragraph seven that reads: "NOW THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that the Army Corps should consider methods to reduce the width of the levee setback to the minimum possible and to include review of increased excavation as a method for achieving reduced setbacks as a part of the next phases of project review";

(3) and directed Public Works to return on November 16, 2004, with a status report on the project, its environmental documentation, and on any modifications to Alternatives 2a and T4 incorporated by the U.S. Army Corps of Engineers in their final design of the project
CPBSW

57.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, public hearing held to consider report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Levee Reconstruction Project;

(1) closed public hearing;

(2) accepted and filed report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Levee Reconstruction Project

CBPSW

58.   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