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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2002, NUMBER 27
Tuesday, October 1, 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.   Roll Call

Moment of Silence and Pledge of Allegiance

2.   Consideration of Late Additions to the Agenda
3.   Additions and Deletions to the Consent Agenda; See Item No. 34.1
4.     ORAL COMMUNICATIONS - one person addressed the Board
5.     Additions and Deletions to Regular Agenda; See Item No. 42.1

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 19, 2002 through September 25, 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.   ADOPTED RESOLUTION NO. 360-2002 of the Board of Supervisors of the County of Santa Cruz Making Findings of Necessity for Amendment of Certain Sections of the California Building Code Standards as Unique to the Monterey Bay Region and adopted ORDINANCE NO. 4682 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

11.   DEFERRED report on AT&T Broadband signal quality to November 26, 2002, as recommended by the County Administrative Officer

12.   DIRECTED the Office of Emergency Services to inform the autonomous fire districts that the fire ordinances submitted with the September 17, 2002 agenda materials have been reviewed and that the County offers no comments on the proposed ordinances, as recommended by the Emergency Services Administrator

13.   ADOPTED County Flood Mitigation Plan as an Annex to the County Emergency Management Plan; adopted RESOLUTION NO. 361-2002 accepting and appropriating $10,000 in unanticipated revenue; and approved related actions, as recommended by the Emergency Services Administrator

14.   SEE ITEM NO. 35.2 REGULAR AGENDA

15.   APPROVED agreement with the California Youth Authority for Diagnostic and Treatment Services in an amount not-to-exceed $14,496 for fiscal year 2002/03; approved transfer of funds in the amount of $5,740; and adopted RESOLUTION NO. 362-2002 authorizing the Chief Probation Officer to sign the agreement on behalf of the County, as recommended by the Chief Probation Officer

16.   APPROVED Memorandum of Understanding/Hold Harmless Agreement between the Boulder Creek Fire District and the Sheriff's Office relating to the installation of equipment associated with the Sheriff's Mobile Data Computing System and authorized the Sheriff-Coroner to sign the agreement, as recommended by the Sheriff-Coroner

17.   ACCEPTED nomination of Karen O'Brien 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 8, 2002, as recommended by Supervisor Almquist

18.   APPROVED appointment of Charles R. Stone to the Commission on Disabilities for a term to expire April 1, 2005, as recommended by Supervisor Pirie

19.   ADOPTED RESOLUTION NO. 363-2002 opposing the proposed revision of the rules governing consistency determinations under the federal Coastal Zone Management Act and directed the Clerk of the Board to take related action, as recommended by Supervisor Wormhoudt

20.   REAPPOINTED Supervisor Beautz as the Board's representative to the California State Association of Counties Board of Directors, and reappointed Supervisor Campos as the alternate, for a one year term of office commencing on the first day of the CSAC Annual Conference in November, as recommended by Chairperson Beautz

21.   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

22.   ADOPTED RESOLUTION NO. 364-2002 accepting and appropriating unanticipated revenue in the amount of $238,255 for the Federal Health Resources and Services Administration for the Homeless Grant augmentation; approved purchase of fixed assets in the amount of $10,800; and approved the addition of 3.0 FTE grant funded positions, as recommended by the Health Services Agency Director

23.   ADOPTED RESOLUTION NO. 365-2002 accepting and appropriating $15,000 in unanticipated revenue into the Environmental Health budget for the Salmonid Enhancement Plan project and approved an Amendment to the Agreement with Swanson Hydrology and Geomorphology increasing the maximum amount by $15,000 to $115,000 for the project, as recommended by the Health Services Agency Director

24.   SEE ITEM NO. 38.1 REGULAR AGENDA

25.   AUTHORIZED payment to T.Y. Lin International in the amount of $3,561.17 for County seismic retrofit consulting services, as recommended by the Director of Public Works

26.   ADOPTED RESOLUTION NO. 366-2002 authorizing the installation of road bumps on Sequoia Drive and Twin Hills Drive, as recommended by the Director of Public Works

27.   APPROVED plans, specifications and engineer's estimate for the Cuesta Drive Storm Repair; set the bid opening for 10:45 a.m. on October 22, 2002; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

28.   ADOPTED RESOLUTION NO. 367-2002 of right-of-way acquisition for the Hillcrest/Redwood Drive Intersection Improvement project and approved payment of claim, as recommended by the Director of Public Works

29.   ADOPTED RESOLUTION NO. 368-2002 for right-of-way acquisition for the Soquel Drive Sidewalk Project, Vienna Drive to Heather Terrace and approved payment of claim, as recommended by the Director of Public Works

30.   ACCEPTED AND FILED report on the trench cut cost recovery fee ordinance update; directed Public Works to continue to meet with utility companies to develop the ordinance; and directed Public Works to return on or before March 11, 2003 with a final proposed trench cut cost recovery fee ordinance; with an additional direction that County Counsel return on December 10, 2002 with a comprehensive overview of what the current system is and what the practices are in terms of addressing general trenches

31.   ACCEPTED the Polo Grounds Dog Park project as completed; approved final cost of the project in the amount of $31,062; and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

32.   AS THE BOARD OF DIRECTORS, PAJARO STORM DRAIN MAINTENANCE DISTRICT, APPROVED amendment to agreement with the Pajaro Valley Water Management Agency in the increased amount of $23,131, for a not-to-exceed total of $75,000 for the Harkins Slough Pump Station project; authorized the District Engineer to sign the amendment to agreement on behalf of the District; adopted RESOLUTION NO. 369-2002 authorizing the Pajaro Valley Water Management Agency to reject the bid and negotiate a contract with Monterey Peninsula Engineering for an amount not-to-exceed $75,000, as recommended by the District Engineer

33.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, GRANTED an exception to Freedom County Sanitation District Code to allow the proposed 64 apartment units of the Pajaro Lane Affordable Housing Project to qualify for consideration as affordable housing and approved reducing the base charge rate, as recommended by the District Engineer

34.   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.: Gabriel Neubauer v. County of Santa Cruz, WCAB 91471, Rehab Appeal 02-K-10082

Case Name/No.: Harvey Flores v. County of Santa Cruz, Claim No. 5200763, Claim No. 5200079, WCAB #SJO 0213169

Case Name/No.: Alan Johnson v. County of Santa Cruz, U.S. District Court Case No. C 02 0441 JW

Case Name/No.: Arreola, et al v. Monterey County, et al., Monterey Superior Court No. 105611

Case Name/No.: Monterey County Water Resources Agency v. County of Santa Cruz, et al., San Benito County Superior Court, Case No. 228382

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Personnel Director

Employee organization: All

REPORT OF COUNTY COUNSEL - No report given

34.1.   SEE ITEM NO. 35.1 REGULAR AGENDA

REGULAR AGENDA

35.   Legislative update given by Assembly Member Simon Salinas

35.1.   ADOPTED RESOLUTION NO. 370-2002 supporting House Concurrent Resolution 473 regarding Iraq, and in support of Congress Member Sam Farr for co-sponsoring this resolution, as recommended by Supervisors Pirie and Wormhoudt
WAPc(B)  

35.2.   APPROVED Memorandum of Understanding (MOU) for the General Representation Unit; adopted RESOLUTION NO. 371-2002 Amending Salary Resolution No. 279-75 by Changing Steps in Salary Ranges and Changing Salary Ranges; adopted RESOLUTION NO. 372-2002 Amending Personnel Regulations; authorized the Personnel Director to sign the Memorandum of Understanding (MOU); and authorized the Personnel Director and County Administrative Officer to make any necessary administrative changes to implement the provisions of the MOU and to make non-substantial changes to the MOU prior to signing, as recommended by the Personnel Director
ACPWB  

36.   CONSIDERED report on the status of the State Budget and the impact on County operations and considered related actions;

(1) ACCEPTED AND FILED report on the Status of the State Budget;

(2) ADOPTED the recommendations contained in the report of the Director of the Human Resources Agency as follows: approved and filed report on the Impact of fiscal year 2002/03 State Budget Reductions on Human Services; approved budget reductions, elimination of positions, financial and other related documents as identified in the report from the Director of the Human Resources Agency (HRA) and the report from the Director of the Health Services Agency (HSA); adopted RESOLUTION NO. 373-2002 canceling estimated revenues and appropriations; and authorized the HRA Director to work with the Auditor-Controller to take all other necessary actions in accordance with the Reduction Plan; authorized the HRA Director to amend contracts with the United Way and Mountain Community Resources Center; directed HRA to work with personnel to implement a lay-off program consistent with County policies and procedures and the Memorandum of Understanding, with an effective date of October 31, 2002; directed HRA and HSA to report back on October 8, 2002 with a report on strategies to preserve critical services to the community; and directed the Chair to write a letter to the Governor decrying the cuts to human services in Santa Cruz County and urging him not to make any further cuts in the January proposed budget for fiscal year 2003/2004;

(3) ADOPTED the recommendations contained in the report from the Director of Health Services Agency as follows: directed the Health Services Agency to advocate on behalf of the Central Coast Alliance for Health in restoring funding for MediCal services; and directed HSA to report back on or before November 19, 2002 with an implementation plan for State budget reductions;

(4) ADOPTED the recommendations contained in the report from the Chief Probation Officer as follows: accepted and filed report on the impact of State Budget cuts to the Probation Department; authorized the Chief Probation officer to reduce PARK Program services as required to maximize available funding; and directed the Chief Probation Officer to return on October 22, 2002 with a detailed report on the status of the Challenge Grant program, including the required contract modifications and any necessary budget and personnel adjustments; and

(5) DIRECTED the County Administrative Officer and Auditor-Controller to report back on or before November 19, 2002 with a preliminary fiscal analysis of the deferral of payments for reimbursements for State mandates and the impact on intra-departmental charges and to address reductions in County Counsel and the District Attorney's Office associated with the reduction in HRA's budget; with an additional direction the report back on November 19, 2002 describe any steps or discussions regarding ways of softening lay offs or avoiding them and any preliminary strategy issues that have been developed to cope with these issues without these funds
AWPCB  

37.   APPROVED appointment of Patrice LaFollette to the Long Term Care Interagency Commission, as an at-large representative over age 55, in accordance with Santa Cruz County Code Chapter 2.116, Section 30, for a term to expire April 1, 2006
WCPAB  

38.   APPROVED appointment of Karen Hobson to the Workforce Investment Board, as an at-large representative of business, in accordance with Santa Cruz County Code Chapter 2.110, Section 20, for a term to expire June 30, 2006
PWCAB  

38.1.   ACCEPTED AND FILED report from the Central Coast Alliance for Health and approved related actions
AWPCB  

39.   RECEIVED bids regarding Highlands Park Roofing Project and referred to the General Services Department to return on or before October 22, 2002 with a recommendation on awarding of bid
CAPWB  

40.   RECEIVED bids regarding Main Jail Kitchen Ceiling and Water Piping Replacement and referred to General Services to return on or before October 22, 2002 with a recommendation on awarding of bid
WCPAB  

41.   RECEIVED bids regarding Hestwood Neighborhood Park and referred to General Services to return on or before October 22, 2002 with a recommendation on awarding of bid
WCPAB  

42.   Presentation made by R. Gregg Albright, District Director, Caltrans District 5 regarding Caltrans use of pesticides on County highways; accepted and filed presentation and additionally requested that Caltrans return on December 10, 2002 with specifics on implementing a countywide information hot line for Santa Cruz County including a more complete strategy on the timing of the project
ACPWB  

42.1.   CONSIDERED recommendations regarding an application for authority to increase rates for service, Felton District, submitted to the California Public Utilities Commission by the California-American Water Works;

(1) authorized County Counsel to file an objection to the rate application filed on behalf of the unincorporated residents who live in Felton service area of Cal-American water;

(2) staff report back on what steps might be taken to participate in a meaningful way in the proceedings before the PUC that's looking at the acquisition issued by this German Company;

(3) staff provide feedback on what steps might be appropriate or available under the Board's jurisdiction to adopt ordinances that would put restrictions on the availability to export water from the County;

(4) requested the Water Advisory Commission to provide input on what ought to be done to better protect our water resources;

(5) County Counsel return on October 8, 2002 with a status report
AWPCB  

43.   CONSIDERED report on possible changes to Permit Processing System in Santa Cruz County;

continued item until December 10, 2002; with additional directions: that Board members who have additional comments for Mr. James have those comments to him by October 21, 2002; that Mr. James have his reports to the Board a week before the December 10, 2002 meeting; and when this item comes back to the Board, include some sort of chart or a different form that might work, that clearly delineates each of the 18 recommendations received with Planning Department recommendations that address what can be accomplished, should it be accomplished, what would need to happen to further its accomplishment, and what sort of issue is involved
WAPCB