Santa Cruz County Board of Supervisors Minutes: 6/5/2001

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VOTING KEY: A = Almquist, B = Beautz, C = Campos; P = Pirie, W = Wormhoudt; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

3. Additions and Deletions to Consent Agenda; See Item Nos. 58.1, 58.2, 58.3 and 58.4

8. ACCEPTED AND FILED notification of continuing contracts received during the period of May 21, 2001 through June 1, 2001 and approved upon adoption of the 2000/01 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 detailed reading of said ordinances, as recommended by County Counsel

10. ADOPTED ORDINANCE NO. 4620 Amending Subsection 9.28.020 of the Santa Cruz County Code Relating to Stop Intersections

11. ADOPTED ORDINANCE NO. 4621 Amending Section 2.100.020, 2.100.030 and 2.100.040 (B) of the Santa Cruz County Code Relating to the Building and Fire Code Appeals Board

13. APPROVED schedule for the 2001-02 Budget hearings and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer

14. DEFERRED consideration of 2000-2001 Measure C: Annual Environmental Principals and Policies Report until June 12, 2001, as recommended by the County Administrative Officer

15. APPROVED transfer of $6,000 to purchase three mobile radios from the $30,000 authorized in the fiscal year 2000/01 budget for a file management system and approved purchase of three mobile radios, as recommended by the District Attorney

16. ADOPTED RESOLUTION NO. 193-2001 authorizing the District Attorney to reapply to the Victim Compensation and Government Claims Board for funding of the Victim-Witness Assistance Center Victims of Crime Compensation Program for fiscal years 2001-2004, including indirect overhead costs, as recommended by the District Attorney

17. APPROVED transfer of funds in the amount of $56,000 to provide for the realignment of budgeted appropriations to meet estimated expenditures in the Elections Department and the Clerk Recorder Department through the end of the fiscal year, as recommended by the County Clerk-Recorder

18. APPROVED transfer of funds in the amount of $65,000 and approved transfer of funds in the amount of $20,000 in appropriations within the General Services Department budget to meet year end obligations, as recommended by the Director of General Services

19. APPROVED Memorandum of Understanding (MOU) for the District Attorney Inspector Representation Unit; authorized the Personnel Director to sign the MOU on behalf of the County; adopted RESOLUTION NO. 194-2001 amending Salary Resolution No. 279-75 to implement salary actions to the MOU; adopted RESOLUTION NO. 195-2001 to amend the County's contract with PERS Health to allow enrollment by members of the DA Inspector Representation Unit and establish the County's medical contributions for the duration of this MOU, as required by PERS; adopted RESOLUTION NO. 196-2001 to amend Resolution No. 247-76 to authorize the Personnel Director to make revisions to text and format of and publish Section 160 (Salary, Compensation and Leave Provisions) to reflect changes to parallel provisions in this MOU; adopted RESOLUTION NO. 197-2001 implementing IRC Section 414(h)(2) in conformance with California Government Code Section 20691; and authorized the Personnel Director and the County Administrative Officer to take all necessary administrative actions including signing appropriate documents to effectuate administrative and benefit changes to implement the provisions of this agreement, as recommended by the Personnel Director

20. ACCEPTED AND FILED report on the status of State Correctional Schools Budget and authorized transfer of $35,000 to the State Corrections Budget for increased costs in fiscal year 2000-01, as recommended by the Chief Probation Officer

21. DIRECTED the Agricultural Commissioner to prepare a biological control weed abatement program proposal for Board consideration in time to apply for State funding, as recommended by Supervisor Wormhoudt

22. APPROVED appointment of Simon Dangzalan to the Mental Health Advisory Board, in the category of "consumer/family," for a term to expire April 1, 2002, as recommended by Supervisor Wormhoudt

23. CORRECTED the term of office associated with the appointment of Marilyn Hummel as an at-large appointee to the Housing Authority Board of Commissioners to reflect a date of April 1, 2005, as recommended by Supervisor Wormhoudt

24. APPROVED appointment of Roger McKowan to the In-Home Supportive Services Advisory Committee, as the representative of the Long Term Care Interagency Commission, for a term to expire March 21, 2002, as recommended by Chairman Campos

25. APPROVED appointment of Heidi Simonson to the Domestic Violence Commission, as the representative of the Family Law Bar, as recommended by Chairman Campos

26. DIRECTED the Planning Director and County Counsel to prepare a report and recommendations for consideration by the Board on or before August 21, 2001, regarding the request of the Attorney General urging that the County amend zoning ordinances to include a procedure for handling requests for reasonable accommodation made pursuant to the Fair Housing Act and the California Fair Employment and Housing Act, as recommended by Chairman Campos

27. ADOPTED RESOLUTION NO. 198-2001 requesting that the Governor continue the Office of Child Abuse Prevention funding for the California Juvenile Crime Prevention Project in fiscal year 2001-02, as recommended by Chairman Campos

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

29. APPROVED the revised agreement with Salud Para La Gente in the amount of $12,000 for the Early Intervention Program (EIP); authorized the Health Services Agency Administrator to sign the agreement; and approved payment in the amount of $916.31 to Salud Para La Gente for EIP clinical services provided in fiscal year 1999-2000, as recommended by the Health Services Agency Administrator

30. ADOPTED RESOLUTION NO. 199-2001 approving the State Performance Contract for mental health services, and authorized the Health Services Agency Administrator to sign the contract; and directed Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator

31. APPROVED amendment to Master Agreements for Managed Care Providers increasing rates of reimbursement effective July 1, 2001 and authorized the Health Services Agency Administrator to sign; approved contract with the California Mental Health Directors Association to coordinate and manage the activities of an Administrative Services Organization on behalf of the County, effective July 1, 2001 and authorized the Health Services Agency Administrator to sign; directed the Health Services Agency Administrator to report back by August 7, 2001 with risk and reserve analysis and other mental health managed care changes, as recommended by the Health Services Agency Administrator

32. DEFERRED report on proposed amendments to Title 12 of the County Code related to parking lot alterations to August 7, 2001, as recommended by the Planning Director

33. APPROVED amendment to Cooperative Agreement between the State of California and the County of Santa Cruz for the installation of a traffic control signal and safety lighting at State Route 9 and Glen Arbor Road; adopted RESOLUTION NO. 200-2001 authorizing execution of Amendment 1 to Cooperative Agreement; and directed Clerk of the Board take related actions, as recommended by the Director of Public Works

34. CONTINUED TO JUNE 12, 2001 consideration to approve amendment to agreement with Waste Management of Santa Cruz County regarding Refuse, Recycling and Yardwaste Services

35. APPROVED the deferral of bid opening for the Capitola Road Improvement Project to June 12, 2001 at 10:45 a.m., as recommended by the Director of Public Works

36. AUTHORIZED the Director of Public Works to make a partial release of the Faithful Performance Security submitted for Tract 1421, Chanticleer Terrace and MLD 99-048 in the amount of $86,832.50, as recommended by the Director of Public Works

37. REJECTED the bid of J.C. Randolph, Incorporated as being non-responsive to the County's DBE Program requirements; accepted the low bid of Anderson Pacific Engineering Construction in the amount of $206,560 for the Swanton Road Bridge, Forest Hill Drive Bridge over Bear Creek, East Zayante Road Bridge, P.M. 3.2 and East Zayante Road Bridge, P.M. 3.7 Seismic Retrofit Program and authorized award of the contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

38. APPROVED plans, specifications and engineer's estimate for the Happy Valley Road Culvert Replacement Project and authorized calling for bids; set the bid opening for 10:45 a.m. on June 26, 2001; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

39. APPROVED the plans, specifications and the engineer's estimate for the Valencia Road Bridge Seismic Retrofit Project; authorized the calling for bids; set the bid opening for 10:45 a.m. on July 10, 2001; adopted RESOLUTION NO. 201-2001 allowing the bid opening for the subject project to take place in the Office of the Director of Public Works, with acceptance and award by the Board on August 7, 2001; and directed the Clerk of the Board take related action, as recommended by the Director of Public Works

40. APPROVED independent contractor agreements with Ray Dulany Trucking for chip seal rock delivery in the amount of $27,937 and with VSS Emultech in the amount of $11,000 for standby and spreading of asphalt emulsion for the 2001/2002 pavement management chip seal project; and authorized the Director of Public Works to sign the agreements, as recommended by the Director of Public Works

41. DEFERRED report on the Construction and Demolition Waste Recycling to on or before September 18, 2001, as recommended by the Director of Public Works

42. ACCEPTED the low bid of Bugler Construction Company in the amount of $1,890,950 for the Browns Valley road Bridge Replacement Project and authorized award of the contract; adopted RESOLUTION NO. 202-2001 accepting unanticipated revenue from the City of Watsonville in the amount of $69,271; adopted RESOLUTION NO. 203-2001 from the California Department of Transportation in the amount of $650,000; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works

43. APPROVED the road closures and event for the Felton Community Hall All-Out August scheduled for August 4, 2001 and directed the Public Works Department to issue the road closure permit, as recommended by the Director of Public Works

44. ADOPTED RESOLUTION NO. 204-2001 authorizing the Department of Public Works to submit two grant application proposals in the amount of $66,971 and $91,766 to the California Department of Fish and Game Fishery Restoration Grants Program for the Swanton Road Embankment Revertment and the Road Crossing and Salmonid Passage Assessment, as recommended by the Director of Public Works

45. ACCEPTED the improvement and approved the final cost in the amount of $296,134.65 for Swanton Road Storm Damage Repair; authorized the Clerk of the Board to file the Notice of Completion; and approved related action, as recommended by the Director of Public Works

46. APPROVED State-County Master Agreement and Program Supplement providing funding for the reimbursement for the Harkins Slough Road Bridge Project; adopted RESOLUTION NO. 205-2001 authorizing execution of agreement; and directed Clerk of the Board to take related actions, as recommended by the Director of Public Works

47. ADOPTED RESOLUTION NO. 206-2001 approving the filing of a grant application for the Bicycle Transportation Account Program funding, as recommended by the Director of Public Works

48. DEFERRED TO BUDGET HEARINGS consideration to approve the purchase of one van and the hiring of two Recreation Coordinators for the Mobile Recreation Program

49. APPROVED contract with Mike Hannah in the amount of $5,000 for monitoring the Miller Property, as recommended by the Director of Parks, Open Space and Cultural Services

50. APPROVED amendment to the contract with SSA Landscape Architects, Incorporated in the amount of $9,490 for the increase in landscape architectural master planning services to complete the Pinto Lake Master Plan Revision project and authorized the Director of the Department of Parks, Open Space and Cultural Services to sign the agreement on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

51. APPROVED the proposed installation of the Road to Recovery Project at the Anna Jean Cummings Park, as recommended by the Director of Parks, Open Space and Cultural Services

52. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, August 7, 2001 at 9:00 a.m. or thereafter for the water and sewer services charges report on property within the Davenport County Sanitation District; and directed Clerk of the Board to take related action, as recommended by the District Engineer

53. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, August 7, 2001 at 9:00 a.m. or thereafter for the sewer service charges on property within the Freedom County Sanitation District; and directed Clerk of the Board to take related action, as recommended by the District Engineer

54. APPROVED actions supporting the Pajaro Lane Housing Projects tax credit application, as recommended by the Redevelopment Agency Administrator

55. ACCEPTED AND FILED report on the proposed Atherton Lane housing project, as recommended by the Redevelopment Agency Administrator

56. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED changes to the Agency's First Time Home Buyer Program, as outlined in the report; authorized the Redevelopment Agency Administrator to take all actions necessary to implement this program; and directed the Redevelopment Agency Administrator to provide a status report on the program's effectiveness on or before April 9, 2002, as recommended by the Redevelopment Agency Administrator

57. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED CDBG Loan Protection Program and amendments to the Measure J Unit Preservation Program and authorized the Redevelopment Agency Administrator to take related actions, as recommended by the Redevelopment Agency Administrator

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

Case Name/No.:Bazar v. County of Santa Cruz, Santa Cruz Superior Court No. 134334

Case Name/No.: County of Santa Cruz v. E.A. Hathaway & Company, et al. Santa Cruz County Superior Court Case No. CV 138598

REPORT OF COUNTY COUNSEL - The Board of Supervisors authorized settlement of the claim of Bazar v. County of Santa Cruz, Santa Cruz Superior Court No. 134334 in the amount of $42,000 to Patricia Bazar and $78,000 to her attorney, Steven Fink, in exchange for a release of all claims against the county

58.1 APPROVED gross pay adjustment in the amount of $581.44 and directed the Auditor-Controller to process the adjustment, as recommended by the Sheriff-Coroner

58.2 ADOPTED RESOLUTION NO. 207-2001 affirming the right of County temporary workers to organize and join a recognized employee organization; and directed the Personnel Department to take whatever further cooperative actions are deemed appropriate to facilitate the process of recognizing bargaining representative(s) for temporary workers, as recommended by Supervisors Campos and Almquist

58.3 DEFERRED report on surplussing vehicles to non-profit community agencies until June 26, 2001, as recommended by the Director of General Services

58.4 ADOPTED RESOLUTION NO. 208-2001 amending Salary Resolution No. 279-75 to implement salary actions related to Program Coordinators and Planner IV, as recommended by the Director of Personnel

59. Public hearing held to consider the Planning Commission's recommendation regarding an amendment to the Paradise Park Planned Unit Development to create three single-family residential parcels in an area of Paradise Park known as the Castle Property;

(1) ADOPTED ORDINANCE NO. 4622 amending Planned Unit Development Permit Nos. 77-783-PUD and 80-116-PUD;

(2) approved the Minor Land Division; with an additional direction to change requirement that references "an archaeologist be present at all times at the site" to "the work be done under the supervision of an archaeologist"; and Roadway Exception to reduce the required width of the right-of-way access from 40 feet to 24 feet pursuant to County Code 13.10.521(a) and 15.10.050(f)(1); and a Roadway/Roadside Exception to eliminate separated sidewalk and to provide turn-outs in-lieu of a full cul-de-sac; a design waiver to eliminate the requirements to submit specific architectural design and instead use the architectural design guidelines established for the adjacent Graham Hill estates Subdivision; and preliminary grading approval to cut 298 cubic yards to construct the access right-of-way and local street;

(3) and certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Action; with an additional direction to change requirement that references "an archaeologist be present at all times at the site" to "the work be done under the supervision of an archaeologist"

60. Public hearing held on County Service Area No. 33, Redwood Drive 2001/02 Benefit Assessments;

closed public hearing; and directed Public Works to count the ballots and return on June 19, 2001 with a tabulation and certification of the ballots

61. Public hearing held on 2001/2002 County Services Area Benefit Assessment/Service Charge for various service areas;

closed public hearing; adopted RESOLUTION NOS. 209-2001 THROUGH NO. 251-2001 establishing benefit assessments/service charges for various County Service Areas; and adopted RESOLUTION NO. 252-2001 confirming benefit assessment/service charge reports for the 2001/02 fiscal year for various County Service Areas

62. Public hearing held on proposed benefit assessments/service charges and the proposed 2001-02 Assessment/Service Charge Reports for County Service Area No. 12, Wastewater Management;

closed public hearing; adopted RESOLUTION NO. 253-2001 establishing benefit assessments/service charges for County Service Area No 12: Septic System Maintenance, San Lorenzo Wastewater Management (Zone A), and Inspection and Monitoring of nonstandard systems; and adopted RESOLUTION NO. 254-2001 confirming assessment/service charge reports for the 2001-02 fiscal year for County Service Area No 12: Septic System maintenance (CSA 12), San Lorenzo Wastewater Management (CSA 12A), and Inspection and Monitoring of Nonstandard sewage disposal systems (CSA 12N)

63. Public hearing held on 2001/2002 County Service Are No. 57, Graham Hill, Sewer Service Charge Report;

closed public hearing; adopted RESOLUTION NO. 255-2001 confirming sewer service charge report for the 2001/02 fiscal year for County Service Area No. 57, Graham Hill

64. CONSIDERED adoption of resolution authorizing the Sheriff-Coroner to apply for State Off-Highway Vehicle grant funds and approved related actions;

ADOPTED RESOLUTION NO. 256-2001 authorizing the Sheriff-Coroner to apply for State Off-Highway Vehicle grant funds and to sign the application

(1) continued consideration of the Proposed 2001-02 Capital Improvement Program to the individual departmental budget hearings;

(2) and directed the County Administrative Officer to present a Final 2001-02 Capital Improvement Program (CIP),incorporating all changes that the Board adopts as part of the 2001-02 budget hearings in the CIP-related budget appropriations, on or before December 4, 2001 pursuant to the annual CIP cycle adopted by the Board

65.1 Considered interim ordinance amending Sections 13.10.684 of the Santa Cruz County Code, on an emergency basis, establishing a maximum building height and story limitation for mobile homes or

(1) ADOPTED INTERIM ORDINANCE NO. 4623 amending Sections 13.10.458 and 13.10.684 of the Santa Cruz County Code, on an emergency basis, establishing a maximum building height and story limitation for mobile homes or accessory buildings located within a mobile home park;

(2) and directed the Planning Department to schedule a public hearing for Tuesday, June 26, 2001, to further extend the interim ordinance and to present a time line for consideration of the ordinance on a permanent basis

65.2 ADOPTED ORDINANCE NO. 4624 amending subsection 9.54.010 of the Santa Cruz County Code Relating to Motorized Bicycles and Motorized Scooters

66. Continued public hearing to consider the Pajaro Lane Affordable Housing Project, Application 00-0767 on APN's: 048-041-46 and -47 to construct 99 affordable housing units, including Residential Development Permit, a Minor Land Division, approval of a Tentative Subdivision Map, Roadway and Roadside Exceptions, a Riparian Exception, Design Review, a 24% Density Bonus and accompanying Affordability Incentives, including approval of a parking program and approval of an exception to allow a portion of two apartment buildings to be three stories in height;

approved Application No. 00-0767 and certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act

67. Continued public hearing to consider appeal filed by Richard Beal Land Use Planning on behalf of Atherton Place Development LLC regarding Application No. 98-0148;

continued public hearing to August 28, 2001 at 7:30 p.m., with additional directives that the project be reviewed by the environmental coordinator group, at which time they would decide whether a traffic study is needed on the new exit road onto Cabrillo Drive, the developer return to show efforts that have been made to obtain an easement, and County Counsel return with information on how to split the project and how to get the easement for the developer should the project be approved

68. CONSIDERED presentation by the Community Action Board of Santa Cruz County on the Farmworker Housing and Health Needs Assessment Study for Salinas and Pajaro Valleys;

accepted the Farmworker Health and Housing Survey and Needs Assessment; directed the County Administrative Office to coordinate a response from County staff to address the needs of farmworkers and their families and provide a report to the Board on or before September 25, 2001, including the following elements:

a) Redevelopment and Planning staff to identify farmworker housing grant opportunities and include a brief program description of each grant opportunity and application time lines

b) Redevelopment and Planning staff to explore the development of a second Migrant Center through the State Office of Migrant Services

c) Redevelopment and Planning staff to report back regarding all on-site farmworker housing consistent with State law provisions which allow for employee housing projects serving 12 or fewer employees to be treated as an agricultural use, thus facilitating the development of on-site farmworker housing projects;

d) Human Resources Agency staff to review funding opportunities for farmworker housing under the Continuum of Care/Housing and Urban Development program for the next available grant cycle and also come back with ideas they would like to see the Board implement; and

e) County Health Officer to review the report and analyze data to identify potential health measures to improve farmworker health, those should include review of access to primary care physicians, prevention services for children including immunization, access to health insurance and possible expansion of the Promotores HEALTH Outreach Program in Santa Cruz County

closed public meeting; approved staff recommendation to receive public comment on the Redistricting of Supervisorial boundaries

NOTE: This set of Board of Supervisors Minutes is scheduled to be approved by the Board on June 19, 2001