Santa Cruz County Board of Supervisors Minutes: 3/19/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 9
Tuesday, March 19, 2002

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 Moment of Silence and Pledge of Allegiance
2.		Consideration of Late Additions to the Agenda. See Item No. 58.1 and 58.2
3.		Additions and Deletions to the Consent Agenda
4.		ORAL COMMUNICATIONS - three people addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of March 5, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 7, 2002 through March 13, 2002 and approved upon adoption of the 2001/02 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 Eric Haya, No. 102-098 and referred to County Counsel

11.   REJECTED the claim of David Zampino, No. 102-101 and referred to County Counsel

12.   APPROVED independent service agreement with Appleby and Company in the amount of $70,903.53 to provide a workflow automation system in the Assessor's office funded by the State-County Property Loan Administration Loan Program and adopted RESOLUTION NO. 76-2002 accepting and appropriating unanticipated revenue in the amount of $70,905, as recommended by the County Assessor

13.   ACCEPTED AND FILED Second Quarter Report to the Board of Supervisors from Child Support Services, as recommended by the Director of Child Support Services

14.   ACCEPTED AND FILED status report on the Watsonville Court Facility and directed the County Administrative Officer to return on April 23, 2002 with a Cooperation Agreement and Lease with the City of Watsonville for the 200 Main Street project, as recommended by the County Administrative Officer

15.   APPROVED recommendations facilitating the consolidation of the ownership of parcels, which are located in homeless service area at River Street and Coral Street in the City of Santa Cruz, with the City of Santa Cruz and approved related actions, as recommended by the County Administrative Officer

16.   SEE ITEM NO. 67.2, REGULAR AGENDA

17.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, ADOPTED RESOLUTION NO. 77-2002 ratifying previous actions and authorizing a negotiated sale at an Underwriter's discount not-to-exceed 0.6 percent of the principal amount, as recommended by the County Administrative Officer

18.   APPROVED Proposition 172 Maintenance of Effort Calculation for 2001-02 indicating an overmatch of $14.5 million for State required contributions to Public Safety Programs and directed the County Administrative Officer to sign and forward the 2001-02 certification to the Auditor-Controller, as recommended by the County Administrative Officer

19.   AS THE BOARD OF THE DIRECTORS OF THE MID-COUNTY GEOLOGIC HAZARD ABATEMENT DISTRICT, APPROVED contract amendment in the amount of $500 for the demolition of the structure at 2970 Fern Flat Road, as recommended by the Emergency Services Administrator

20.   AUTHORIZED the Santa Cruz County Fire Chief to submit a grant application to the U.S. Fire Administration Assistance to Firefighters Grant Program in the amount of $129,000, as recommended by the Director of General Services

21.   AUTHORIZED gross pay adjustment for a Sheriff's Department employee in the amount of $82.40, as recommended by the Sheriff-Coroner

22.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending February 28, 2002 and approved related action, as recommended by the Treasurer-Tax Collector

23.   APPROVED amendment to the term of office of Commissioner Jack Gordon on the Civil Service Commission to reflect a term expiration date of December 31, 2005, as recommended by Supervisor Almquist

24.   APPROVED reappointment of Betty Sue Smith to the Mental Health Advisory Board for a term to expire April 1, 2005, as recommended by Supervisor Almquist

25.   APPROVED reappointment of Mary Hammer to the Children and Families Commission for a term to expire April 1, 2003, as recommended by Supervisor Almquist

26.   APPROVED reappointment of Arcadio Viveros to the Children and Families Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos

27.   APPROVED reappointment of Myrna Sherman to the Mental Health Advisory Board for a term to expire April 1, 2005, as recommended by Supervisor Campos

28.   APPROVED reappointment of Donna Lopiano to the Children and Families Commission for a term to expire April 1, 2003, as recommended by Supervisor Pirie

29.   SCHEDULED a brief presentation by the Santa Cruz County Conference and Visitors Council on April 23, 2002, on the Regular Agenda regarding their marketing plan, as recommended by Supervisor Pirie

30.   APPROVED reappointment of Simon Dangzalan to the Mental Health Advisory Board for a term to expire April 1, 2005, as recommended by Supervisor Wormhoudt

31.   APPROVED reappointment of Naomi Brauner to the Children and Families Commission for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt

32.   APPROVED reappointment of Toni Campbell to the Children and Families Commission for a term to expire April 1, 2003, as recommended by Supervisor Beautz

33.   ACCEPTED AND FILED report of the Women's Commission and approved related action, as recommended by Chairperson Beautz

34.   ACCEPTED AND FILED annual report of the Disaster Council and approved related action, as recommended by Chairperson Beautz

35.   APPROVED appointment of Angelica Diaz to the Latino Affairs Commission, as an at-large representative of the City of Watsonville, as recommended by Chairperson Beautz

36.   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 Administrator

37.   AUTHORIZED the Health Services Agency to submit a collaborative grant application to the California Department of Health Services, Office of Family Planning, for a maximum annual amount of $150,000 to support the Health Services Agency Male Involvement Program, as recommended by the Health Services Agency Administrator

38.   AUTHORIZED the Health Services Agency Alcohol and Drug Program to submit proposals to the Community Foundation of Santa Cruz County for $10,000 to complete a media advocacy campaign, $1,000 for First Night Santa Cruz services, and $1,000 for Youth Leadership Training, as recommended by the Health Services Agency Administrator

39.   ACCEPTED AND FILED status report on Evaluation of Clinic Functioning and directed the Health Services Agency to report back on or before May 7, 2002 on evaluation and methods for improving efficiency; with additional directions to schedule a presentation on May 7, 2002 on the issue of County clinics and emergency rooms; and invite hospitals to participate and provide their perspectives; and requested staff clarify the County's role in this effort

40.   AUTHORIZED the Human Resources Agency Administrator to sign a contract amendment with Community Action Board, Incorporated for an additional $25,000 to provide for expanded emergency pre-eviction services; adopted RESOLUTION NO. 78-2002 accepting and appropriating unanticipated revenue in the amount of $25,000 from the Redevelopment Agency; and approved related actions, as recommended by the Human Resources Agency Administrator

41.   APPROVED contract amendments with Community Ventures, Incorporated adding $4,305 to pay childcare expenses for participants attending Financial Literacy training and authorized the Human Resources Agency Administrator to sign the amendment on behalf of the County, as recommended by the Human Resources Agency Administrator

42.   SCHEDULED a public hearing on April 9, 2002, on the morning agenda, at 9:00 a.m. or thereafter to consider zoning amendments to allow second units on agricultural parcels, as recommended by the Planning Director

43.   SCHEDULED a public hearing on April 9, 2002, on the morning agenda, at 9:00 a.m. or thereafter to consider establishing procedures for considering requests for reasonable zoning and building code accommodations for disabled persons, as recommended by the Planning Director

44.   SCHEDULED a public hearing on April 16, 2002, on the morning agenda, at 9:00 a.m. or thereafter to considered re-establishment of the County's Planned Unit Development Ordinance, as recommended by the Planning Director

45.   CONTINUED TO APRIL 9, 2002 consideration to accept and file report on vacation rentals

46.   ADOPTED RESOLUTION NO. 79-2002 authorizing the placement of three bumps on Stewart Avenue, as recommended by the Director of Public Works

46.1.   SEE ITEM NO. 68.1, REGULAR AGENDA

47.   ADOPTED RESOLUTION NO. 80-2002 for right-of-way acquisition for the Happy Valley Road Culvert Replacement project and approved payment of claim, as recommended by the Director of Public Works

48.   APPROVED Contract Change Order No. 1 in the amount of $53,232 for the Soquel Drive (Bargetto) Bridge Replacement and Streetscape project; authorized the Chairperson of the Board to sign the change order; and approved related action, as recommended by the Director of Public Works

49.   ACCEPTED the low bid of Coast Mountain Excavating in the amount of $86,525 for the Spanish Ranch Road Storm Damage Repair; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

50.   ACCEPTED AND FILED report on the Bonny Doon Road Storm Damage Repair; directed Public Works to submit a grant application for approximately $120,000 to the Department of Fish and Game for the Bonny Doon Road Storm Damage Repair; and return to the Board with an update on or before August 27, 2002, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 81-2002 approving the sale of excess County property (Assessor's Parcel No. 76-046-05); authorized the Chairperson to sign the Grant Deed; and approved related actions, as recommended by the Director of Public Works

52.   APPROVED independent contractor agreement with the California Grey Bears in the amount of $70,000 for recycling services financed through the County Service Area 9C Solid Waste and Recycling Budget; authorized a retroactive payment in the amount of $30,010; and approved related actions, as recommended by the Director of Public Works

53.   ADOPTED RESOLUTION NO. 82-2002 scheduling a public hearing on Tuesday, May 7, 2002 at 9:00 a.m. or thereafter on County Service Areas (CSA) 2, 5,7,10, and 20 sewer service charge fee increase; approved notice of public hearing on proposed 2002/03 property related charges for CSA Nos. 2,5,7,10, and 20; and approved related actions, as recommended by the Director of Public Works

54.   SEE ITEM NO. 68.2, REGULAR AGENDA

55.   ADOPTED RESOLUTION NO. 83-2002 approving the sale of excess County property (APN 78-224-10); authorized the Chairperson to sign the Grant Deed; and approved related actions, as recommended by the Director of Public Works

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED status report on the Marmos and Golden Torch RV Conversion projects; directed the Planning Department to continue to make reasonable efforts to work with Mid Peninsula Housing Coalition and Redevelopment staff in bringing the permit for the Marmos Project to the Board for final action by June 2002; and approved related actions, as recommended by the Redevelopment Agency Administrator

57.   SEE ITEM NO. 68.3, REGULAR AGENDA

58.   AS THE BOARD OF SUPERVISOR AND REDEVELOPMENT AGENDCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Personnel Director

Employee organizations:

1. Public Authority update on IHSS negotiations

2. SEIU Extra Help

3. SEIU General Unit (to discuss comparability RFP)

4. Operating Engineer Re: Longterm Disability

REPORT OF COUNTY COUNSEL- No report given

58.1.   SEE ITEM NO. 67.1, REGULAR AGENDA

58.2.   AWARDED contract to Slatter Construction Incorporated in the amount of $14,951 for the Automatic Controllers for Simpkins Center Entrance Doors Project; authorized the Director of Parks, Open Space and Cultural Services to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; and authorized the Parks Director to approve change orders and encumber $1,495 in addition to the contract amount to cover change order expenditures, as required, as recommended by the Director of General Services and the Parks Director

REGULAR AGENDA

59.   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 5, to convene and carry out a regularly scheduled meeting

60.   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

61.   CONSIDERED ordinance amending Chapter 9.28 of the Santa Cruz County Code relating to designation of stop intersections and considered related actions for Chanticleer Terrace and Minor Land Division 99-0048;

(1) accepted the site improvements as completed in accordance with previously approved plans;

(2) ADOPTED RESOLUTION NO. 84-2002 accepting Chanticleer Lane into the County maintained road system;

(3) approved "in concept" ordinance Amending Chapter 9.28 of the Santa Cruz County Code to return on April 9, 2002 for final adoption;

(4) directed the Clerk of the Board to release the Faithful Performance Security and retain sufficient funds from the Faithful Performance Security to provide for the Guarantee, Warranty and Maintenance of Work Security;

(5) and if, at the end of three months, a search of the records by the Auditor-Controller's Office reveals no posted liens against the project, authorized the Clerk of the Board to release the Labor and Materials Security. The Guarantee, Warranty and Maintenance of Work Security will be released at the end of twelve months provided there are no problems with the improvements
AWPCB

62.   APPROVED appointment of Rama Khalsa, Cecilia Espinola and Maria Castro to the Children and Families Commission, as at-large representatives, in accordance with County Code Chapter 2.45, Section 40, for terms to expire April 1, 2003
PCWAB

63.   APPROVED appointment of Michael Molesky, William McMullen, Donna Echols, Patrice Lafollette, Sandra Seeger, Roger McKowan, Charles Levine, and Sherry Sibley Hall for appointment as at-large members of the In-Home Supportive Services Advisory Commission, effective March 29, 2002, in categories indicated, with terms to be staggered by lot
WCPAB

64.   APPROVED appointment of Karen Martin, Al Holbert, Lenore Wilkerson, Roger McKowan, Vicki West, Larry Friedman, and Elizabeth Sparks for reappointment as at-large representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2006
CWPAB

65.   Public hearing held to consider Soquel Village Parking and Business Improvement Area assessment charges for fiscal year 2002/2003;

(1) closed public hearing;

(2) accepted and filed the Annual Report of the Soquel Village Parking and Business Improvement Area Advisory Board;

(3) ADOPTED RESOLUTION NO. 85-2002 of Intention to Establish Parking Improvement Charges for the 2002-2003 Fiscal Year;

(4) directed the Clerk of the Board to publish the legal notice of the Resolution of Intention to Establish Parking Improvement Charges for the 2002-2003 fiscal year;

(5) and 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 2002-2003 fiscal year
AWPCB

66.   Public hearing held to consider Application No. 00-0742, the proposal to construct a structure-mounted wireless communications facility on the rooftop of an existing office building in the Salamander Protection district of the Coastal Zone, Assessor's Parcel Numbers 044-023-04 and 05, to include the installation of two antennas, camouflaged within an artificial chimney on the north side of the building, extending 6 feet 4 inches above the 27 feet, 3 inch high roof line to a height of 33 feet, 7 inches, and a 220 square foot fenced-in enclosure with five equipment cabinets to be located in the parking lot. Property is located on the northwest side (left) of Bonita Drive at about 500 feet northeast of Clubhouse Drive and Rio del Mar Boulevard (311 Bonita Drive). Applicant: Franklin Orozco for Whalen and Company, Owner: James and Sue Rummonds

referred matter to the Planning Commission; and directed County Counsel to research the legal issues and provide that report to the Planning Commission
PWcaB

67.   CONSIDERED Interim Ordinance enacting amendments to Chapter 13.10.685 of the County Code related to the Conversion of Transient Occupancy Recreational Vehicle and Travel Trailer Parks to permanent occupancy at Marmos and Golden Torch:

(1) ADOPTED INTERIM ORDINANCE NO. 4657 amending Section 13.10.685 of the Santa Cruz County Code clarifying standards for consideration of multi-unit manufactured housing on an emergency basis;

(2) and directed the Planning Department to schedule a public hearing on April 23, 2002, to further extend the interim ordinance and to present a time line for consideration of the ordinance on a permanent basis
ACPWB

CONSENT AGENDA
AWPCB

67.1. ACCEPTED AND FILED report on the status of the Animal Control Services Agreement and set the matter on the April 16, 2002 regular agenda for discussion, as recommended by the County Administrative Officer
AWPCB

67.2. CONSIDERED report on the implementation of the repeal of the County Utility Tax;

(1) directed the County Administrative Officer to look for ways, in budgeting for the coming fiscal year, to phase in economic reductions in order to allow departments and community programs time to react and identify efficiencies and other ways to absorb the loss;

(2) directed all department heads to share information with staff and solicit suggestions from staff members, as well as the community, on how best to approach economic reductions;

(3) stated the Board understands that elected department heads have an independent responsibility to the public as well as to the institution and may need more time

(4) directed the County Administrative Officer to report back on April 23, 2002 with a list of County department programs and their functions;

(5) and directed the County Administrative Officer to return on April 9, 2002 with a revised budget schedule that includes additional days at the beginning of the process
WPCAB

REGULAR AGENDA

68. Jurisdictional hearing held on an appeal by Attorney Thomas P. O'Donnell on behalf of RMC Pacific Materials, Incorporated, Bonny Doon Limestone Quarry regarding the Planning Commission's decision on Application No. 99-0561, a proposal to expand RMC's Bonny Doon quarry operations;

denied request and declined to take jurisdiction of the Appeal filed by RMC
WAPCB

CONSENT AGENDA
PWCAb

68.1.   CONSIDERED revised findings and conditions of approval for Application No. 98-0148 (Atherton Place, APN 037-251-21 and -22);

approved revised findings and conditions of approval; with the following changes;

(1) page two, section 4, third line: substitute the word "property: for the word "parcel";

(2) page five, and throughout the document: replace either the words "Porter Gulch" or "Tannery Gulch" with the following language: "the riparian corridor as determined by the US Geological Survey";

(3) page 10, under Exhibits: Lot Line Adjustment by Thatcher & Thompson, dated 2/20/02 instead of 2/12/02;

(4) page 18, No. 10 (c): insert the word "public" between the words "for" and "access";

(5) delete biotic reserve and replace with "riparian and easement buffer area" in the conditions of approval;

(6) page 20, No. 6(a): add summer to the mowing schedule and No. 7 (Maintenance of Adjacent Riparian and Buffer Easement Area) will read - "The Homeowners' Association shall pay for the riparian and buffer area located adjacent to the easterly boundary line of the project as shown and labeled on the attached map as "Riparian and Buffer Easement Area" and meet all obligations and requirements set forth in the Grassland and Riparian Maintenance Plan of March 4, 2002;

(7) page 21, at the end of M: add the following language; "The owner will comply with any Measure J Guidelines enacted 120 days prior to the units"; O No. iv, will read "The Declaration shall limit, in perpetuity, the uses of the area restricted to open space";

(8) page 22: replace the word "compliant" with the word "complaint";

(9) page 23 (I), fourth line: add the word "inspection" after the word "final";

(10) page 27 (F): fourth line from bottom; add the word "summer" after the word "spring" and change the word "four" to "six"; and

(11) additionally requested the Planning Department to report back on August 13, 2002 on the options available for allocating units and who would be designated as the administrator
PWCAb

68.2.   ADOPTED AMENDED RESOLUTION NO. 86-2002 establishing the Live Oak Permit Parking Zone for 2002, with the following additional language proposed by the Director of Public Works, to be added after 2002, "however, the effective date for the inclusion of areas 39 and 40 shall be dependent upon he final approval of Coastal Permit Application no. 01-0202"
APWCB

68.3.   AS THE BOARD OF DIRECTORS OF THE SANT CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the conceptual design for the Live Oak Library Expansion project; approved contract with Ripley Architects in an amount not-to-exceed $282,496 for Phase II Design Services for the Live Oak Library Expansion project; adopted RESOLUTION NO. 87-2002 accepting unanticipated revenue in the amount of $30,000 from Capital Bonds Proceeds Reserves for the Live Oak Library Project; and approved related actions; with an additional direction to add the following into the contract:

(1) the maximum size of the site will be 13,500 square feet

(2) indicate the priority to protect any existing trees on the site

(3) clarify a legal protection device, tree protection zone or conservation easement for the trees; and

(4) additionally requested an arborist report update on this plan and a third party review of the drainage and grading as the project progresses to be sure they are keeping in sync with the arborist report
WAPCB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS