Santa Cruz County Board of Supervisors Minutes: 9/24/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 26
Tuesday, September 24, 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
3.		Additions and Deletions to the Consent Agenda
4.		ORAL COMMUNICATIONS - three people address the Board
5.		Additions and Deletions to Regular Agenda, See Item No. 80.1

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of September 10, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 5, 2002 through September 18, 2002 and approved upon adoption of the 2002/2003 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.   ACCEPTED AND FILED report on the West Nile virus and directed the Agricultural Commissioner to return in January 2003 with a status report from the Technical Advisory Committee on options, including the expansion of countywide Mosquito and Vector Control District services; with additional direction that the Chairperson of the Board send a letter to Federal and State representatives expressing the Board's concern and advocating for funding for information on the West Nile Virus; and further directed the Agricultural Commissioner to report back on the last meeting in October 2002 on procedural requirements and time lines to expand the Mosquito Vector Control district

11.   SEE ITEM NO. 68.1 REGULAR AGENDA

12.   DELETED ITEM

13.   SEE ITEM NO. 80.2 REGULAR AGENDA

14.   AUTHORIZED an increase in the cost of a rescue vehicle for the Bonny Doon Fire and Rescue Team in the amount of $7,000 and approved transfer of funds within the County Fire Budget to cover the increase, as recommended by the Emergency Services Administrator

15.   REJECTED the claim of Larry Van Den Heuvel and Lora Van Den Heuvel, No. 203-015, Amended, and referred to County Counsel

16.   REJECTED the claim of Matt Lai, No. 203-016, and referred to County Counsel

17.   REJECTED the claim of Craig Springbett, No. 203-018, and referred to County Counsel

18.   REJECTED the claim of Joe W. Blair, No. 203-019, and referred to County Counsel

19.   ADOPTED RESOLUTION NO. 349-2002 extending the date of approval of the 2002/2003 Final Budget for the County and Special Districts to October 8, 2002, as recommended by the Auditor-Controller

20.   ACCEPTED AND FILED report on Audit of California Department of Health Services and Medical Outreach Program Grant for fiscal year ending June 30, 2000 and 2001, as recommended by the Auditor-Controller

21.   ACCEPTED AND FILED status report on FishNet 4C Memorandum of Understanding (MOU) and directed the County Administrative Office to include follow-up information in the scheduled November 19, 2002 report on the Implementation of the FishNet 4C Plan

22.   DEFERRED award of contract for the management and operation of the Government Center cafeteria and related food concessions until September 24, 2002, as recommended by the Director of General Services

23.   APPROVED contract award for the management and operation of the Government Center cafeteria and related food concessions with Michael Clark and authorized General Services to process the contract agreement, as recommended by the Director of General Services

24.   ACCEPTED status report on the Sheriff's Office South County Community Service Center at Mesa Village and directed the General Services Department to return on or before October 8, 2002 with plans and specifications associated with this project, as recommended by the Director of General Services

25.   APPROVED purchase of two IBM printers in the amount of $144,720 and approved transfer of funds in the amount of $22,000, as recommended by the Director of Information Services

26.   APPROVED annual certification of financial responsibility for underground storage tanks containing petroleum and authorized the County Administrative Officer to sign the certification, as recommended by the Personnel Director

27.   ACCEPTED AND FILED report on the status of 2002/2003 Budget Layoffs and approved a deferral until October 8, 2002 regarding the Telecommunications Manager position, as recommended by the Personnel Director

28.   DEFERRED report on the status of the Challenge Grant Program and report on Adult Sex Offender Program to October 22, 2002, as recommended by the Chief Probation Officer

29.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending June 30, 2002, as recommended by the Treasurer-Tax Collector

30.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending August 31, 2002 and approved related action, as recommended by the Treasurer-Tax Collector

31.   ACCEPTED nomination of Karen Hobson for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2006, with final appointment to be made October 1, 2002, as recommended by Supervisor Pirie

32.   ACCEPTED nomination of Patrice LaFollette for appointment to the Long Term Care Interagency Commission, as an at-large representative over age 55, for a term to expire April 1, 2006, with final appointment to be made October 1, 2002, as recommended by Supervisor Wormhoudt

33.   APPROVED appointment of Steven John Terrini, Ph.D., to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

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

35.   ACCEPTED AND FILED report on Hospital Emergency Departments and "EMTALA", and directed Health Services Agency staff to continue collaborative efforts with hospitals, local medical providers, clinics and benefits advocates to support appropriate utilization of Emergency Departments, as recommended by the Health Services Agency Director

36.   AUTHORIZED the Health Services Agency Alcohol and Drug Program to submit a proposal to the California Department of Alcohol and Drug Programs for Safe and Drug-Free Schools and Communities funds, as recommended by the Health Services Agency Director

37.   ACCEPTED AND FILED report on Clinic and MediCruz finances and directed the Health Services Agency to report back during 2003/2004 Budget Hearings regarding health service programs and finance charges, as recommended by the Health Services Agency Director

38.   DEFERRED report on the final Community Programs Facility Study to October 8, 2002, as recommended by the Human Resources Agency Director

39.   DEFERRED consideration of a report on Community Bridges budget and administrative costs to October 22, 2002, as recommended by the Human Resources Agency Director

40.   DEFERRED report on the financial review plan for Community Programs to October 22, 2002, as recommended by the Human Resources Agency Director

41.   APPROVED agreement with the Homeless Community Resource Center for fiscal year 2002/2003 in the amount of $31,720 for the provision of Food Stamp Employment Services; adopted RESOLUTION NO. 350-2002 accepting and appropriating unanticipated revenue in the amount of $39,944; approved contract amendment for fiscal year 2001/2002; and authorized the Human Resources Agency Director to sign, as recommended by the Human Resources Agency Director

42.   SCHEDULED a public hearing on October 8, 2002, on the afternoon agenda, at 1:30 p.m. or thereafter to consider the Planning Commission's recommendation to change the land use designation of two parcels and the zone district of three parcels in the Aptos Planning Area, as recommended by the Planning Director

43.   DELETED ITEM

44.   DEFERRED report on illegal second units and a legalization program to October 8, 2002, as recommended by the Planning Director

45.   DEFERRED report on Code Compliance issues until October 8, 2002, as recommended by the Planning Director

46.   DEFERRED report on Measure J Program operations until October 22, 2002, as recommended by the Planning Director

47.   DEFERRED report on structural changes to Permit Processing in Santa Cruz County to October 1, 2002, as recommended by the Planning Director

48.   AUTHORIZED the Director of Public Works to use County road maintenance forces and funds to repair the storm-damaged culvert, headwall, and asphalt concrete pavement on Webb Road; directed Public Works to return to the Board on or before December 10, 2002 with status report on the Webb Road Storm Damage Repair project, as recommended by the Director of Public Works

49.   APPROVED road closures and Eighth Annual Monte Foundation Fireworks Show and approved related action, as recommended by the Director of Public Works

50.   ADOPTED RESOLUTION NO. 351-2002 for right-of-way acquisition for the Redwood Drive at Oak Drive in Felton, Slip-out Repair project; and approved payment of claim, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 352-2002 for right-of-way acquisition for the Graham Hill Road at Treetop Drive Intersection Improvement project and approved payment of claim, as recommended by the Director of Public Works

52.   ACCEPTED the low bid of Conley Construction in the amount of $37,610 for Larkin Valley Road Storm Damage Repair project; authorized award of the contract; and authorized the Director of Public Works to sign contract, as recommended by the Director of Public Works

53.   APPROVED Contract Change Order No. 1 in the amount of $15,000 for the Seascape Boulevard and Pinehurst Drive Improvement project and authorized the Chairperson of the Board to sign on behalf of the County; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

54.   SEE ITEM NO. 71.1 REGULAR AGENDA

55.   APPROVED road closures and Aptos High School Homecoming Parade and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

56.   DEFERRED consideration of refuse, recycling and yardwaste collection services rate adjustments until December 10, 2002, as recommended by the Director of Public Works

57.   APPROVED Amendment No. 1 to Contribution Agreement between the State of California and County of Santa Cruz for the Ben Lomond Streetscape project; adopted RESOLUTION NO. 353-2002 authorizing execution of the agreement; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

58.   APPROVED amendment to agreement with Cotton, Shires and Associates, Incorporated for engineering design services for the Amesti Road Dewatering and Stabilization project by increasing the contract by $26, 000 for a total not-to-exceed amount of $201,721, and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

59.   AUTHORIZED payment to Ajax Portable Site Services for fiscal year 2001/2002 in the amount of $1,181.41 for portable toilet services at the Buena Vista Landfill, as recommended by the Director of Public Works

60.   ACCEPTED AND FILED report on the Buena Vista Landfill Gas project, and directed Public Works to return on or before October 22, 2002 with an amended landfill gas generation facility agreement with Brown, Vence and Associates LFG, Incorporated and an amended power purchase agreement with the California Department of Water Resources, as recommended by the Director of Public Works

61.   ACCEPTED AND FILED status report on Seasonal Farm Worker Housing Pilot project and directed staff to report back on February 11, 2003 with an additional status report, as recommended by the Redevelopment Agency Administrator

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ACCEPTED AND FILED status report on the proposed ordinance amending Chapter 7.69 of the Santa Cruz County Code relating to the installation of water conservation devices; directed Public Works to bring ordinance amending Chapter 7.69 for a first reading on or before November 26, 2002; and directed Public Works and County Counsel to return to the Board to amend or rescind and replace Chapter 7.74 of the County Code, Prohibitions of Certain Uses of Water and Requirements for Installation of Water Conservation Devices in areas of the County serviced by the City of Santa Cruz Water Supply System on or before November 26, 2002, as recommended by the District Engineer

63.   APPROVED submission of Community Foundation Program Grant, as recommended by the Director of Parks, Open Space and Cultural Services

64.   ACCEPTED the Quail Hollow Heating project as completed; approved final cost in the amount of $23,850; and authorized the Clerk of the Board to file the Notice of Completion, as recommended by the Director of Parks, Open Space and Cultural Services

65.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment Agency Administrator to take actions necessary to exercise the Agency's purchase option for affordable housing units including the resale of such units with long-term affordability restrictions, as recommended by the Redevelopment Agency Administrator

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

LIABILITY CLAIMS

Claimant(s): United Services Automobile Association (USAA), Claim No. 203-020

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Personnel Director

Employee organizations: All (rescheduled from September 17, 2002, No. 33)

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

67.   Presentation made of the Robert E. Neff Award honoring Andrew Davis and Dottie Rosendale for their efforts to reduce drug and alcohol abuse

68.   Presentation by HomeBase on the Five-Year Strategic Plan on Homelessness;

accepted and filed report on the Five-Year Strategic Plan on Homelessness
WPCAB

68.1.   ACCEPTED AND FILED report on Integrated Pest Management and authorized distribution, as recommended by the Agricultural Extension Director
CAPWB

69.   The Board of Supervisors recessed 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

70.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONES 6 AND 8, PUBLIC hearing held to consider adoption of resolution revising drainage fees associated with unroofed impervious area;

(1) opened public hearing to hear objections or protests to the proposed revisions of drainage fees associated with unroofed impervious areas;

(2) closed public hearing; and adopted RESOLUTION NO. 354-2002 Revising Drainage Fees Associated with Unroofed Impervious Areas;

(3) and directed Public Works to include these changes in the next editions of the County Design Criteria and Unified Fee Schedule
ACPWB

71.   Public hearing held on Federal Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant and State Supplemental Law Enforcement Services Funds (SLESF);

closed public hearings;

(1) approved various financial actions and fixed assets related to 2002-03 BJA funds as requested by the Sheriff-Coroner;

(2) ADOPTED RESOLUTION NO. 355-2002 to reduce the Sheriff's Office appropriation in revenue and expenditures in the amount of $38,214;

(3) accepted and filed report on the current status of fiscal year 2002-2003 funding for front line law enforcement operations;

(4) ADOPTED RESOLUTION NO. 356-2002 Accepting and Appropriating $89,398 in unanticipated revenue from the State's fiscal year 2002-2003 SLESF program for the jail facility improvement, equipmnt and safety upgrades in the Detention Bureau;

(5) approved the purchase of fixed assets for the Detention Bureau as detailed;

(6) authorized the continuation of a .44 FTE District Attorney Investigator position for sexual assault investigations and the continuation of the 1.0 FTE Legal Secretary position for the South County District Attorney's Office
CWPAB

71.1.   ACCEPTED AND FILED report on the Local Hiring of Apprenticeship Ordinance and directed Public Works to return to your Board after the first of the new year with an updated report, as recommended by the Director of Public Works

(2) motion to reconsider item;

(3) ACCEPTED AND FILED report on the Local Hiring of Apprenticeship Ordinance and directed Public Works to return after the first of the year with an updated report; with additional direction that the Director of Public Works return on the second meeting of November 2002 with an evaluation of the compliance analysis that was submitted by Ms. Farley on September 24, 2002, as well as a response to the assertion that the hearings of the California Department of Industrial Relations (CDIR) and the U.S. Department of Labor's Office of Apprenticeship Training, Employer and Labor Services (OATELS) are not relevant to this County because they only concern 100 percent federally funded jobs and whether this would influence staff recommendation; and further directed that the Public Works Director provide information on the impact of the proposed ordinance on the availability of contractors and an evaluation of enforcement options related to the current Labor Code and whether or not they would obviate the need for their changes
(1) WCPAB
(2) WAPCB
(3) WAPCB

72.   Public hearing held to consider the 2003 Growth Goal;

referred matter to the Planning Commission for consideration and recommendation; and continued public hearing to December 10, 2002 with direction to staff to return with the recommendation of the Planning Commission and a resolution for final action
AWPCB

73.   CONSIDERED Ordinance amending Chapter 12.10 of the Santa Cruz County Code relating to the adoption of the 1997 Uniform Building Code, 2000 Uniform Mechanical Code, 2000 Uniform Plumbing Code, and the 1999 National Electrical Code, as amended by Title 24, of the California Code of Regulations and considered related actions;

(1)approved "in concept" ordinance amending Chapter 12.10 of the Conty Code to adopt the 1997 Uniform Building Code, 2000 Uniform Mechanical Code, 2000 Uniform Plumbing code, and the 1999 National Electrical Code, as amended by Title 24 of the California Code of Regulations, and to return on October 1, 2002 for final adoption;

(2) directed the Planning Department to research the range of alternatives being pursued by other California jurisdictions to implement the State accessibility requirements as they relate to existing parking lot alterations, and to provide the Board with a recommendation regarding the alternative most appropriate for Santa Cruz County;

(3) with an additional direction that the Planning Department return on November 19, 2002 to address recent concerns of the Commission on Disabilities
ACPWB

74.   SEE ITEM NO. 80.3 REGULAR AGENDA

75.   DELETED ITEM

76.   RECEIVED bids regarding Lompico Road Culvert Replacement Project and referred to the Public Works Department to return today, Item No. 78 with recommendation on awarding of bid
ACPWB

77.   APPROVED the extension of the bid submission deadline date for the Highland Roofing Project to October 1, 2002 at 10:00 a.m.; and set the bid opening for 10:45 a.m. on October 1, 2002, as recommended by the Director of General Services
WCPAB

78.   ACCEPTED low bid of George Bianchi Construction Incoporated, of San Jose, in the amount of $128,445.67 for the Lompico Road Culvert Replacement project; authorized Director of Public Works to sign the contract; and adopted RESOLUTION NO. 357-2002 accepting and appropriating unanticipated revenue in the amount of $19,721.95 from the Lompico County Water District
PW/C//A/B

79.   Public hearing held to consider application No. 01-0278, a proposal by the City of Watsonville to cover and restore an unpermitted fill site by placing 140,000 cubic yards of material on Assessor's Parcel No. 052-011-46. Requires a Coastal Development Permit and a Grading Permit. The property is located on the south side of Highway 1, approximately 200 feet from the intersection of Airport Boulevard and Ranport Road;

closed public hearing; approved application No. 01-0278 based upon the findings and subject to the Conditions of Approval; adopted the CEQA Findings; and approved the proposed language of the Conservation Easement Agreement; with an additional direction to add two additional conditions, under Section (5) Operational Conditions, on page five of the Conditions of Approval as follows: (1) Condition No. 12, "the access roadway on the face of the fill slope shall be used only for site maintenance and emergency access" and (2) Condition No. 13, "no grading shall occur on the site between October 15th and April 15th of any year without the written authorization of the Planning Director"

ACPWB

80.   DEFERRED until October 8, 2002 public hearing to consider application No. 01-0557, as a special consideration of the Board of Supervisors, pursuant to Santa Cruz County Code Section 18.10.350
WCPAB

80.1.   CONSIDERED resolutions to implement the Memorandum of Understanding for the General Representation Unit;

CONTINUED to October 1, 2002, consideration of resolutions to implement the Memorandum of Understanding for the General Representation Unit; and authorized staff to make payroll adjustments, for this pay period only, to reflect the proposed agreement back to the date the last agreement expired
WAPCB

80.2.   DIRECTED the Emergency Services and County Fire staff to review the fire ordinances, Section 1003, from the autonomous fire districts and return on October 1, 2002 with recommendations regarding any written comments on the respective autonomous fire district ordinances;

(2) ADOPTED RESOLUTION NO. 358-2002 of intent to adopt the Uniform Fire Code with amendments;

(3) ADOPTED RESOLUTION NO. 359-2002 of findings to modify state housing law;

(4) and SCHEDULED a public hearing on October 8, 2002, on the morning agenda, at 9:00 a.m. or thereafter to consider amendments to Chapter 7.92 of the Santa Cruz County Code relating to the Fire Code and directed the Clerk of the Board to take related actions, as recommended by the Emergency Services Administrator
PWCAB

80.3.   APPROVED the Living Wage Ordinance Exemption Criteria for the Private for Profit Sector
WCPAB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS