Santa Cruz County Board of Supervisors Minutes: 4/8/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 12
Tuesday, April 8, 2003

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
3.		Additions and Deletions to the Consent Agenda; Item No. 55, ADDED, CONFERENCE WITH LABOR NEGOTIATOR, Agency negotiator: Personnel Director, Employee organization: D.A. Inspectors' Unit, ADDED Item No. 55.1 and DELETED Item No. 41
4.		ORAL COMMUNICATIONS - four 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 25, 2003, as recommended by the Clerk of the Board

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.   ADOPTED ORDINANCE NO. 4708 Amending Subdivision D of Section 1.12.070 of the Santa Cruz County Code Relating to Hearing Officers

11.   REJECTED the claim of Edward C. "Chris" Wilder, No. 203-090, and referred to County Counsel

12.   REJECTED the claim of Deborah Linzer, No. 203-093, and referred to County Counsel

13.   REJECTED the claim of Kari Scott, a minor, by and through her guardian Heather McDaniel, No. 203-087, and referred to County Counsel

14.   APPROVED amendment to contract with Dwight L. Herr to increase the agreement by an amount not-to-exceed $12,000 and authorized County Counsel to sign the amendment, as recommended by County Counsel

15.   ADOPTED RESOLUTION NO. 80-2003 amending the Santa Cruz County Deferred Compensation Plan to include extra-help employees, as recommended by the County Administrative Officer

16.   DEFERRED report on the possible consolidation of the offices of Auditor-Controller, Treasurer-Tax Collector/Clerk Recorder and Assessor, to on or before May 6, 2003, as recommended by the County Administrative Officer

17.   ADOPTED RESOLUTION NO. 81-2003 in support of the Monterey Bay Sanctuary Scenic Trail and approved related actions, as recommended by the County Administrative Officer

18.   ACCEPTED AND FILED report on the Zayante Fire Protection District's proposed Urban-Wildland Interface Code, with a report back on October 28, 2003, and approved related actions, as recommended by the Emergency Services Administrator

19.   ADOPTED RESOLUTION NO. 82-2003 accepting and appropriating $136,324 in Domestic Preparedness Program Grant funds, as recommended by the Emergency Services Administrator

20.   APPROVED Change Order to Contract No. 2-2833 for the 1400 Emeline Health and Human Services Building repairs in the amount of $15,717.63, as recommended by the Director of General Services

21.   ADOPTED RESOLUTION NO. 83-2003 re-authorizing the Juvenile Justice Coordinating Council through June 2004 and directed the Probation Department to return on April 29, 2003 with a report on the Juvenile Justice Plan and the Juvenile Justice Crime Prevention Act; with an additional direction to change the name identifying individuals as members of the Santa Cruz County Juvenile Justice Coordinating Council, in the resolution, from Supervisor Pirie to Supervisor Wormhoudt

22.   APPROVED grant award with the State Office of Criminal Justice Planning to provide for an in-custody residential substance abuse treatment program in the amount of $294,358; authorized the Chairperson and the Sheriff-Coroner to sign the grant award document; authorized the Sheriff-Coroner to enter into and sign a contract with the implementing agency, Pajaro Valley Prevention and Student Assistance, Incorporated; and adopted RESOLUTION NO. 84-2003 accepting and appropriating $294,358 in unanticipated revenue, as recommended by the Sheriff-Coroner

23.   DIRECTED the Health Services Agency Director to prepare a report that would provide information on the advisability and feasibility of implementing Laura's Law in Santa Cruz County, as outlined, and approved related action; with an additional direction that the Health Services Agency seek input from the local Mental Health Board

24.   CONTINUED TO APRIL 29, 2003 consideration to adopt resolution to defend Civil Liberties and the Bill of Rights through opposition to the USA Patriot Act

25.   APPROVED appointment of Thomas D. Davis to the Seniors Commission for a term to expire April 1, 2005, as recommended by Supervisor Almquist

26.   APPROVED appointment of Bill Rodoni to the North Coast Beaches Advisory Committee, representing the interests of North Coast Farmers, for a term to expire December 31, 2003, as recommended by Supervisor Wormhoudt

27.   APPROVED appointment of Ray Pereyra to the Latino Affairs Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

28.   APPROVED appointment of Aurelio Gonzalez to the Housing Authority Board of Commissioners, as the representative nominated by the City of Watsonville, for a term to expire April 8, 2007, as recommended by Chairperson Pirie

29.   APPROVED reappointment of Scott Carson as the representative of the City of Capitola on the Hazardous Materials Advisory Commission, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

30.   APPROVED appointment of Gillian Greensite to the Domestic Violence Commission, as the representative of the Santa Cruz Commission for the Prevention of Violence Against Women, as recommended by Chairperson Pirie

31.   APPROVED reappointment of Charles Gluck as the representative of the City of Watsonville on the Hazardous Materials Advisory Commission, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

32.   APPROVED reappointment of Carole Mulford to the Children and Youth Commission, as the representative of the County Office of Education, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

33.   APPROVED appointment of Dixie Mitchell-Clow to the Domestic Violence Commission, as the representative of the County Women's Commission, as recommended by Chairperson Pirie

34.   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

35.   APPROVED submission of federal grant application, "Initiative to End Chronic Homelessness",(Going Home Program), as recommended by the Health Services Agency and Human Resources Agency Directors

36.   ACCEPTED AND FILED Health Insurance Portability and Accountability ACT (HIPAA) Implementation Report; adopted RESOLUTION NO. 85-2003 to declare the County of Santa Cruz a hybrid covered entity under the provisions of the HIPAA Act of 1996; directed County Counsel, Personnel, Health Services and Human Resources Agencies to continue efforts with compliance and implementation of the requirements of the HIPAA Act of 1996; and authorized the Health Services Agency Director to implement appropriate policies and procedures, as necessary, to meet the requirements of the Final HIPAA Privacy Rule, as recommended by the Health Services Agency Director

37.   AUTHORIZED change in fixed asset purchase of one refrigerated incubator; authorized fixed asset purchase of replacement refrigerated centrifuge at a cost not-to-exceed $10,000; and approved transfer of appropriations, as recommended by the Health Services Agency Director

38.   CONTINUED TO APRIL 29, 2003 consideration to authorize the Planning Director to sign a contract with Thomas Reid Associates in the amount of $168,934, including any subsequent amendments that may be necessary to complete the Environmental Impact Report (EIR) for the Bonny Doon Quarry Expansion project, and to sign the revenue contract with the applicant to provide funds for this work

39.   DEFERRED report on County Code Volume II update to May 6, 2003, as recommended by the Planning Director

40.   APPROVED Federal Funding Program Supplement for $100,000 in revenue for the Monterey Bay Sanctuary Scenic Trail Interpretive Sign Study project; adopted RESOLUTION NO. 86-2003 authorizing execution of an agreement between the State of California and the County of Santa Cruz; authorized the Director of Public Works to sign the original and duplicate original of the Program Supplement on behalf of the County; and approved related actions, as recommended by the Director of Public Works

41.   DELETED ITEM

42.   APPROVED amendment to agreement with EcoSystems West for various Public Works projects by increasing the hourly rate, 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

43.   ACCEPTED the improvement for the Redwood Road Storm Damage Repair project; approved final cost in the amount of $173,932.71; and approved related action, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 87-2003 authorizing the Soquel San Jose Road emergency storm repair; authorized Public Works to submit the repair plans and specifications, which calls for waiving advertising for the bidding process per Public Contract Code Sections 20134 and 22050, to select qualified local contractors for a competitive bid due by 10:30 a.m., Friday, April 18, 2003; and directed Public Works to return on April 29, 2003 for presentation of the low bid for review and award of contract, as recommended by the Director of Public Works

45.   CONTINUED TO APRIL 29, 2003 consideration to approve plans, specifications, and engineer's estimate for construction of Buena Vista Landfill Entrance Facility Improvements, Phase I

(2) reconsidered this item and continued to the Regular Agenda;

(3) CONTINUED TO MAY 6, 2003 consideration to approve plans, specifications, and engineer's estimate for construction of Buena Vista Landfill Entrance Facility Improvements, Phase I
(1) WCBAP
(2) BWCAP
(3) BWCAP

46.   APPROVED amendment to agreement with Monica Burke Consulting in the increased amount of $14,204 for Northern and Coastal California Water Bond Initiative Coalition Consulting services for a not-to-exceed amount of $86,019; 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

47.   SEE ITEM NO. 58.1 REGULAR AGENDA

48.   APPROVED County-State Agreement for $581,043 in revenue for funding the Union Pacific Railroad crossing on State Park Drive; adopted RESOLUTION NO. 88-2003 authorizing execution of an agreement between the State of California and the County of Santa Cruz; authorized the Director of Public Works to sign the original and duplicate original agreement on behalf of the County; and approved related action, as recommended by the Director of Public Works

49.   DIRECTED Public Works staff to finalize plans and preparations for meetings pertaining to the relinquishment of the Pajaro River Levee Project-Public Process, as recommended by the Director of Public Works

50.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, DIRECTED Public Works staff to finalize plans and preparations for meetings pertaining to the relinquishment of the Pajaro River Levee Project-Public Process, as recommended by the District Engineer

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, DIRECTED Public Works staff to finalize plans and preparations for meetings pertaining to the relinquishment of the Pajaro River Levee Project-Public Process, as recommended by the District Engineer

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, APPROVED independent contractor agreement with RAMLIT Associates for a not-to-exceed amount of $60,000 for water resources consulting services; authorized the Director of Public Works to sign the independent contractor agreement on behalf of the County, as recommended by the Director of Public Works and the Planning Director

53.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED the annual industrial wastewater pretreatment report and approved related action, as recommended by the District Engineer

54.   SCHEDULED a public hearing on Tuesday, May 6, 2003, on the morning agenda, at 9:00 a.m. or thereafter to request to the California Debt Limit Allocation Committee an allocation of Tax-Exempt Bond Authority issued through California Statewide Communities Development Authority to finance the Villa Del Paraiso project, as recommended by the Redevelopment Agency Administrator

55.   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.: City of Capitola, et al v. Papadakis, AMBAG, et al. Santa Cruz Superior Court Case No. CV 145398

Case Name/No.: County of Santa Cruz v. City of San Jose, et al., Santa Clara Superior Court No. CV 794209

Case Name/No.: Buena Vista Community Association v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV 134742

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Personnel Director

Employee organization: D.A. Inspectors' Unit

REPORT OF COUNTY COUNSEL - No report given

55.1.   ADOPTED RESOLUTION NO. 89-2003 in support of Senate Bill 1070 authorizing emergency state funding for federal automation penalties, as recommended by the Director of Child Support Services

REGULAR AGENDA

56.   CONSIDERED report on the application of the Living Wage for non-profit organizations;

(1) accepted and filed report;

(2) directed the HRA Director to return on June 10, 2003 with a resolution including the following living wage program requirements; 1) not approved; 2) not approved; 3) apply the current ordinance exemptions for for-profit contractors to non-profit agencies; 4) provide for an additional exemption for programs operated by non-profit agencies that do not receive any County funds; 5) include a plan for immediate compliance and monitoring of the non wage provisions of the ordinance; 6) include wage data reporting requirements for all non-profit agencies with workers earning less than the current living wage standard; 7) require the Board to consider an Exemption Review and Program Reassessment in fiscal year 2004/05 including potential additional exemptions for non-profit agencies based on comprehensive analysis of service impacts and progress achieved to date; 8) address County administrative oversight of living wage program requirements for non-profit agencies; and

(3) directed staff to return with a Living Wage Report including an analysis of projected implementation cost impacts based on current wage data and a thorough analysis of unintended consequences of implementation program requirements on non-profit agencies in March of 2005
WBCAP

57.   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 rescheduled meeting

58.   CONSIDERED Ordinance adding Chapter 8.57 to the Santa Cruz County Code relating to the sale of aerosol paint containers and marking pens capable of defacing property;

approved "in concept" ordinance adding Chapter 8.57 to the Santa Cruz County Code restricting the sale and use of aerosol paint containers and felt tip pens in the unincorporated areas of the county to return on April 29, 2003 for final adoption
BCwAP

58.1.   ACCEPTED AND FILED report on the take back ordinance on electronic waste, and directed Public Works to return on June 10, 2003 with a draft ordinance and recommendations on how to implement a local electronics waste take-back ordinance, as recommended by the Director of Public Works
BAWCP

59.   Public hearing held to consider Application Number 01-0445, a proposal to create 20 single-family lots ranging in size from 4,310 square feet to 6,447 square feet on a 3.1 acre site where a former convalescent home is to be removed, and to rezone the eastern half of Assessor's Parcel Number 029-381-17 from the Public Facility (PF) zone district to the Residential Single Family (R-1-4) zone district; requires a Rezoning, a Subdivision, a Residential Development Permit, and Preliminary Grading Approval for 1,700 cubic yards; the property is located in Live Oak on the west side of Mattison Lane, approximately one quarter mile south of Highway 1, at 2555 Mattison Lane; Applicant: Pacific Rim Planning Group; Owner: Ruth Batterson, Trustee;

closed public hearing;

(1) approved staff recommendation based on the findings and conditions as follows: certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act (CEQA); approved Rezoning, Subdivision, Residential Development Permit, and Preliminary Grading Application 01-0445; and ADOPTED ORDINANCE NO. 4709 amending Chapter 13.10 of the Santa Cruz County Code that conditionally rezones the eastern half of Assessor's Parcel Number 029-381-17 from the PF zone district to the R-1-4 zone district;

(2) with the following additions or revisions to the conditions and plans of the project to return on the consent agenda on April 29, 2003: (a) install a three way stop sign on Mattison Lane at the intersection of Greystone Lane; (b) install crosswalk at the new stop sign; (c) add to the conditions that the property be surrounded by a 6 foot redwood fence and landscaping for privacy purposes be planted on the fence line; (d) the emergency road at the rear of the project be available as a bike and pedestrian easement and it be determined by County staff how to deed this easement to the County and to re-look at the gate; (e) the developer pay for the four speed bumps on Mattison Lane should the community determine that it desires them; (f) the Public Works roadside and drainage plans created for the curve of the southern portion of Mattison Lane be made an exhibit of this project and that these homes not be occupied until those improvements are constructed; (g) the developer build curb and gutter on his side of Mattison Lane between the project and the County project; (h) the eastside of the road be red curbed instead of having "no parking" signs; (i) the drainage plans for the project be revised so that all the drainage from the project will flow in underground pipes to the main underground pipe on Mattison Lane and the open drainage ditch that runs from the southern border of the project to the east/west portion of Mattison Lane will not be used for drainage; (j) the retaining wall that separates the property to the south be replaced and the fence surrounding the project at that spot be placed on top of the retaining wall; (k) and that construction vehicles not park on the road
BAWCP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS