Santa Cruz County Board of Supervisors Minutes: 2/25/2003

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2003, NUMBER 6
Tuesday, February 25, 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
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 February 4, 2003 and February 11, 2003, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 6, 2003 through February 19, 2003 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.   REJECTED the claim of Mr. Buddy Fallon, Trustee of the Buddy and Eileen Fallon 1995 Family Trust, No. 203-074, and referred to County Counsel

11.   DEFERRED Agricultural Commissioner's report on expansion of Mosquito and Vector Control, County Service Area (CSA) No. 53 and related issues to March 11, 2003, as recommended by the Agricultural Commissioner

12.   APPROVED agreement with the State Department of Finance to accept a grant of $565,000 from the State-County Property Tax Administration Program for fiscal year 2003/04 and authorized the Assessor and County Administrative Officer to make minor administrative changes as may be requested by the State Department of Finance; and authorized the Chairperson to sign the agreement on behalf of the County, as recommended by the County Assessor

13.   ACCEPTED report on the possible consolidation of the offices of Auditor-Controller, Treasurer-Tax Collector/Clerk Recorder, and Assessor, with a further report on April 8, 2003

14.   APPROVED pay adjustment for an Attorney IV, in the amount of $1,383.20 due to delay in processing a step increase, as recommended by the District Attorney

15.   AUTHORIZED the Office of Emergency Services to submit a grant application to the Governor's Office on Service and Volunteerism for $12,282, as recommended by the Emergency Services Administrator

16.   ADOPTED RESOLUTION NO. 27-2003 accepting and appropriating unanticipated revenue in the amount of $582,750 from the Federal Fiscal 2002 Flood Mitigation Assistance Grant program; adopted RESOLUTION NO. 28-2003 designating the County Administrative Officer and the Emergency Services Administrator as Authorized Agents for the Flood Mitigation Assistance grant; and approved related actions, as recommended by the Emergency Services Administrator

17.   AUTHORIZED the Emergency Services Administrator to submit application documents for $103,968 in FEMA Supplemental Grant Funds for Emergency Operations Planning, as recommended by the Emergency Services Administrator

18.   ACCEPTED AND FILED report on a campaign to reduce Worker's Compensation claims; with an additional direction staff return during Budget Hearings 2003/2004 with a progress report on reducing the Worker's Compensation Claims and employees returning to duty with limited activity

19.   ACCEPTED AND FILED report on the Employment Interview Notification Process, as recommended by the Acting Personnel Director

20.   ADOPTED RESOLUTION NO. 29-2003 accepting and appropriating unanticipated revenue in the amount of $13,701 from the Robert Wood Johnson Foundation for the Reclaiming Futures Initiative, and approved and authorized the Chief Probation Officer to negotiate revised amendments to agreements with Barbara Collins in the amount of $28,883 and Ollin Associates in the amount of $21,218, as recommended by the Chief Probation Officer

21.   APPROVED grant award in the amount of $21,053 from the Monterey Bay Unified Air Pollution Control District; approved the purchase of one Compressed Natural Gas van; adopted RESOLUTION NO. 30-2003 accepting and appropriating unanticipated revenue from the Monterey Bay Unified Air Pollution Control District in the amount of $21,053; adopted RESOLUTION NO. 31-2003 accepting and appropriating unanticipated revenue from the Monterey Bay Unified Air Pollution Control District - Assembly Bill 2766 Grant Funds in the amount of $21,053, as recommended by the Sheriff-Coroner

22.   ADOPTED RESOLUTION NO. 32-2003 accepting and appropriating unanticipated revenue from the California Law Enforcement Technology Purchase Program in the amount of $58,103; adopted RESOLUTION NO. 33-2003 accepting and appropriating unanticipated revenue from Federal Asset Forfeiture Trust Funds in the amount of $8,897; and authorized purchase of various computer equipment, as recommended by the Sheriff-Coroner

23.   ACCEPTED AND FILED report on the County's debt collection program and directed the Treasurer-Tax Collector to provide the Board with an annual report on the status of the County's collection efforts in conjunction with budget hearings; with an additional direction to report back with the next quarterly report on the County's ability to access all debits owed by an individual or if any of those debits are in arrears

24.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending January 31, 2003 and approved related action, as recommended by the County Treasurer

25.   ACCEPTED nomination of Sara A. Koehring for appointment to the Children and Youth Commission, as an at-large representative under the age of 18, for a term to expire April 1, 2005, with final appointment to be made March 4, 2003, as recommended by Supervisor Almquist

26.   APPROVED appointment of Patricia Fink to the Civil Service Commission for a term to expire December 31, 2006, as recommended by Supervisor Campos

27.   APPROVED appointment of Andrew Schiffrin to the Housing Advisory Commission for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt

28.   APPROVED appointment of Supervisor Pirie to the Integrated Waste Management Local Task Force, and appoint Robin Musitelli as her alternate, as recommended by Supervisor Pirie

29.   ACCEPTED AND FILED annual report of the Workforce Investment Board, and approved related action, as recommended by Chairperson Pirie

30.   ACCEPTED AND FILED annual report of the Equal Employment Opportunity Commission, and approved related action, as recommended by Chairperson Pirie

31.   ACCEPTED AND FILED annual report of the Housing Advisory Commission, and approved related action, as recommended by Chairperson Pirie

32.   ACCEPTED AND FILED annual report of the Animal Nuisance Abatement Appeals Commission, and approved related action, as recommended by Chairperson Pirie

33.   APPROVED appointment of Link Spooner to the Long Term Care Interagency Commission, as an at-large representative of a publicly funded senior transportation agency, for a term to expire April 1, 2004, as recommended by Chairperson Pirie

34.   ACCEPTED notification of at-large vacancy on the Emergency Medical Care Commission, with nominations for appointment to be received on March 11, 2003, and final appointment to be made March 18, 2003, as recommended by Chairperson Pirie

35.   ACCEPTED AND FILED annual report of the Fish and Game Advisory Commission, and approved related action, as recommended by Chairperson Pirie

36.   CONTINUED TO MARCH 11, 2003 consideration to direct the Chairperson to write to the Bureau of Land Management declining an invitation to request "cooperating agency status" for the purpose of developing a Resource Management Plan for the California Coastal National Monument, as a result of limited County financial resources

37.   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

38.   DEFERRED report on funding for uninsured children until March 18, 2003, as recommended by the Health Services Agency Director

39.   ACCEPTED AND FILED report on Ambulance negotiations and directed the Health Services Agency to report back on March 25, 2003 with the proposed contract, as recommended by the Health Services Agency Director

40.   APPROVED agreements with the Volunteer Center of Santa Cruz, effective July 1, 2002 in the amount of $892,200 through June 30, 2003 for mental health services, Pajaro Valley Unified School District in the amount of $27,000, San Lorenzo Valley Unified School District in the amount of $4,500, Santa Cruz City Schools in the amount of $18,000, and Scotts Valley Unified School District in the amount of $9,000, effective July 1, 2002 through June 30, 2005 for Friday Night Live Club activities, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

41.   AUTHORIZED the Health Services Agency to negotiate and sign revenue agreement with State Department of Health Services for state beach water quality services; approved revenue agreements with State Department of Health Services effective November 1, 2002 for federal beach water quality services and State Water Resources Control Board for identification and characterization of non-point sources of pollution; and adopted RESOLUTION NO. 34-2003 authorizing the Health Services Agency Director to sign the agreement with State Water Resources Control Board, as recommended by the Health Services Agency Director

42.   APPROVED submittal of renewal applications to the State for the 2002/03 Federal Substance Abuse Mental Health Services Administration (SAMHSA) and Project for Assistance in Transition from Homelessness (PATH) Grants and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Director

43.   APPROVED transfer of positions within Health Services Agency budget, as recommended by the Health Services Agency Director

44.   ACCEPTED AND FILED report on the Children and Youth Commission; and directed the Health Services Agency to report on the status and progress of the Children and Youth Commission during the June 2003/04 budget hearings, as recommended by the Health Services Agency Director

45.   ADOPTED RESOLUTION NO. 35-2003 accepting and appropriating unanticipated revenue in the amount of $41,895 from the Promoting Safe and Stable Families allocation; approved contract amendments with Youth Resources Bank, Parents Center, Incorporated, Community Bridges/Live Oak Family Resource Center, and Familia Center; and authorized the Human Resources Agency Director to sign the contract amendment, as recommended by the Human Resources Agency Director

46.   SEE ITEM NO. 65.3 REGULAR AGENDA

47.   APPROVED the bylaw amendments of the Latino Affairs Commission, the Human Services Commission and the Seniors Commission reducing the meeting schedule of each Commission to six meetings per year, as recommended by the Human Resources Agency Director

48.   SEE ITEM NO. 65.1 REGULAR AGENDA

49.   SEE ITEM NO. 65.2 REGULAR AGENDA

50.   ACCEPTED AND FILED report regarding Planning Department Fee Study; and directed the Planning Department to return on or before January 13, 2004, with a report regarding a fee study for the Planning Department, as recommended by the Planning Director

51.   APPROVED Request for Proposals for groundwater monitoring services for two underground fuel tank leaks at the Roy Wilson Maintenance Yard; directed Public Works to begin distribution of the Request for Proposals; and directed Public Works to return on or before May 20, 2003 with a final consultant contract for consideration by the Board, as recommended by the Director of Public Works

52.   ACCEPTED AND FILED the State Labor Code Contract Compliance report, as recommended by the Director of Public Works

53.   APPROVED plans, specifications and engineer's estimate for the Lake and Fifth Avenues Improvements (East Cliff Drive to Eaton Street); authorized calling for bids; set the bid opening for 10:45 a.m. on March 18, 2003; and approved related actions, as recommended by the Director of Public Works

54.   APPROVED amendment to agreement with LSA Associates of Berkeley for services to prepare a Categorical Exclusion report for the Graham Hill Road Improvement project for a not-to-exceed amount of $111,594; approved amendment to agreement with Staub Forestry and Environmental Consulting for timber impact assessment services for the Graham Hill Road Improvement project for a not-to-exceed amount of $25,000; authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

55.   APPROVED amendment to agreement with Dynamic Consultants, Incorporated increasing the contract by $20,000 for a total not-to-exceed amount of $34,500 for construction materials testing services for numerous Public Works projects, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

56.   APPROVED road closures and event for the San Lorenzo Valley Second Annual Safety Fair scheduled for March 29, 2003 and directed the Public Works Department to issue the road closure permit, as recommended by the Director of Public Works

57.   AUTHORIZED the County Parks Director to enter into a lease agreement with Brett and Jeanne Hatch for use of a small underground portion of Highlands County Park for their leach field until that time that a leach field needs to be repaired or replaced at which time it will be relocated to the Hatch property, as recommended by the Director of Parks, Open Space and Cultural Services

58.   SCHEDULED public hearings on Tuesday, March 18, 2003 and Tuesday April 29, 2003, on the morning agendas, at 9:00 a.m. or thereafter, to consider proposed parking maintenance and operation charges for Soquel Village Parking and Business Improvement Area for the 2003-2004 fiscal year and directed the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator

59.   APPROVED clarifications to the affordable housing restrictions required for the Pajaro Lane project and approved related actions, as recommended by the Planning Director and Redevelopment Agency Administrator

60.   APPROVED actions related to the administration of the Measure J affordable housing program and deferred further consideration of program changes, with a further report during budget hearings, as recommended by the Planning Director and Redevelopment Agency Administrator

61.   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.: Arreola, et al. v. Monterey County, et al., Monterey Superior Court No. 105611

Case Name/No.: Malin Ashby v. County of Santa Cruz, WCAB SAL 95617

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

62.   Presented Employee Recognition Awards and Proclamations to the Year 2002 Employee Award Winners

63.   CONSIDERED Ordinance amending Section 7.74.020 of the Santa Cruz County Code relating to the prohibition of Certain uses of Water and Plumbing Fixture Retrofit Regulations, and considered approving joint Local Disclosure Form regarding installation of water conservation devices;

(1) accepted and filed report;

(2) approved the joint Local Disclosure Form regarding Installation of Water Conservation Devices;

(3) approved "in concept" Ordinance amending Subdivision H of Section 7.74.020 of the Santa Cruz County Code Relating to the definition of "Time of Sale" to return on March 4, 2003 for final adoption
AWBcP

64.   CONSIDERED report on earlier notification of projects requiring public hearing at Levels V, VI, and VII, and approved related action; accepted and file report; and directed the Planning Department to develop draft changes to the public notice requirements of Chapter 18.10 to require the notification, neighborhood meeting, and sign erection regarding proposed developments as discussed in this report, and to develop draft guidelines for applicants, and to return with the draft changes and draft guidelines on or before June 3, 2003; with an additional direction the Board express it's intention that notification should be paid for by applicants, but executed by Planning Department staff and that staff return on March 18, 2003 with proposed language for establishing which projects would require neighborhood meetings
WBCAP

65.   CONSIDERED staff's response to the changes regarding Structural Changes to Permit Processing in Santa Cruz County;

(1) accepted and filed report;

(2) considered the suggested dates for evaluating staff's response to the Board's June 25, 2002 recommendations: 6,8,10,15,16,17, and 18 as indicated in Attachment 2; with additional direction that staff return on March 18, 2003 with the material on Board Recommendations No. 17 and No. 18 and the decision about having an evening meeting on April 15, 2003 to consider those items;

(3) confirmed that recommendations: 1,5,7, and 9, which are delineated as "completed" on Attachment 1, have been fully responded to and that further reports should only be provided as new information materializes;

(4) considered the suggested reporting periods for receiving progress reports regarding the Board's June 25, 2002 recommendations: 2,3,4,11,12,13, and 14;
WBCAP

65.1.   CONTINUED TO MARCH 11, 2003 report on actions necessary to implement Assembly Bill 1866 regarding second units; with additional direction that staff provide a report on the interpretation of second units
WBCAP

65.2.   ACCEPTED AND FILED report on the Planning Department's Update to Policy Interpretation Binder; with additional direction that the Planning Director send a Memo to the Board that elaborates the issue of height
WBCAP

65.3.   ACCEPTED AND FILED report regarding In-Home Supportive Service (IHSS) Delivery and Contract Options; (2) this recommendation deleted; (3) authorized the Human Resources Agency Director to initiate a Request for Proposal (RFP) process should negotiations fail; (4) and directed the Human Resources Agency Director to report back on or before May 6, 2003 regarding the status of negotiations with Addus HealthCare
WABCP

66.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONSIDERED resolution initiating the relinquishment process for the Pajaro River Levee project and considered related actions;

(1) adopted RESOLUTION NO. 36-2003 initiating the relinquishment process for the Pajaro River Levee Project;

(2) authorized the Director of Public Works to provide the necessary assistance to the State Department of Water Resources to promptly initiate and complete the process necessary to effectuate a relinquishment to the State Department of Water Resources by the end of the current fiscal year; and

(3) directed the Department of Public Works, County Counsel and the County Administrative Officer to return during budget hearings with a report on the status of the relinquishment;

(4) with an additional direction staff return on March 11, 2003 with the proposed process for public input on this project
AWBCP

67.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT CONSIDERED resolution initiating the relinquishment process for the Pajaro River Levee project and considered related actions;

(1) adopted RESOLUTION NO. 37-2003 initiating the relinquishment process for the Pajaro River Levee Project;

(2) authorized the Director of Public Works to provide necessary assistance to the State Department of Water Resources to promptly initiate and complete the process necessary to effectuate a relinquishment to the State Department of Water Resources by the end of the current fiscal year;

(3) directed Public Works, County Counsel and the County Administrative Officer to return during budget hearings with a report on the status of the relinquishment;

(4) with an additional direction staff return on March 11, 2003 with the proposed process for public input on this project
AWBCP

68.   CONSIDERED resolution initiating the relinquishment process for the Pajaro River Levee project and considered related actions;

(1) adopted RESOLUTION NO. 38-2003 initiating the relinquishment process for the Pajaro River Levee Project;

(2) authorized the Director of Public Works to provide necessary assistance to the State Department of Water Resources to promptly initiate and complete the process necessary to effectuate a relinquishment to the State Department of Water Resources by the end of the current fiscal year; and

(3) directed Public Works, County Counsel and the County Administrative Officer to return during budget hearings with a report on the status of the relinquishment;

(4) with an additional direction staff return on March 11, 2003 with the proposed process for public input on this project
AWBCP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS