PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 2001, NUMBER 22 August 28, 2001 ******************************************************************** ACTION SUMMARY MINUTES 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 1. All Supervisors present Moment of Silence and Pledge of Allegiance 2. Consideration of Late Additions to the Agenda 3. Additions and Deletions to Consent Agenda, See Item Item No. 51.1 4. ORAL COMMUNICATIONS - four people addressed the Board 5. Additions and Deletions to Regular Agenda CONSENT AGENDA WPBAC 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of August 14, 2001, as recommended by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received during the period of August 20, 2001 through August 24, 2001 and approved upon adoption of the 2001/02 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 ORDINANCE NO. 4635 of the Board of Supervisors of the County of Santa Cruz County Approving the Entry into an Amendment No. 1 to Lease Agreement between the Santa Cruz County Public Financing Authority and the County 11. ADOPTED ORDINANCE NO. 4636 Amending Chapter 2.04 of the Santa Cruz County Code Relating to Establishing 2001 Supervisorial District Boundaries 12. REJECTED the claim of Michael Nieto and his parents Tom and Lorri Nieto, No. 102-005 and referred to County Counsel 13. REJECTED the claim of Giovanni Brignolo, No. 102-007 and referred to County Counsel 14. APPROVED amendment to Independent Contractor Agreement with Ryerson, Master and Associates, Incorporated for a Low Pollution Agricultural Engine project and authorized the Agricultural Commissioner to sign the amended agreement, as recommended by the Agricultural Commissioner 15. ADOPTED RESOLUTION NO. 353-2001 accepting and appropriating $6,229 into the Agricultural Commissioner's budget for weed management activities, as recommended by the Agricultural Commissioner 16. ADOPTED RESOLUTION NO. 354-2001 setting the 2001-2002 tax rates, as recommended by the Auditor-Controller 17. ACCEPTED AND FILED status report on the development of a policy requiring environmentally-certified wood in County contracting, with a final report and recommendation to be provided on or before November 20, 2001, as recommended by the Director of General Services 18. AWARDED contract to Airtec Service Company in the amount of $111,614 for the replacement of the HVAC unit in the County Main Jail Facility; authorized the General Services Director to notify the contractor and sign the contract agreements and associated documents on behalf of the Board; and authorized the General Services Director to approve change orders and appropriate $11,161 in addition to the contract amount to cover change order expenditures, as recommended by the Director of General Services 19. APPROVED independent contractor agreement with Technical Roof Services for engineering consulting services in connection with the Juvenile Hall Re-roof project at a cost not-to-exceed $35,000, as recommended by the Director of General Services 20. APPROVED deferral of bid award for the Emeline Complex Buildings Re-paint project until on or before September 18, 2001, as recommended by the Director of General Services 21. APPROVED deferral of bid award for the Juvenile Hall Renovation and Expansion project until on or before September 25, 2001, as recommended by the Director of General Services 22. APPROVED independent contractor agreement with the Elevator Service Company for the inspection, maintenance and repair of elevators within County facilities at a cost not-to-exceed $23,000 for fiscal year 2001-02, as recommended by the Director of General Services 23. APPROVED increase to various Siemens/Rolm contracts for a total combined amount of $39,171 for telephone network maintenance and charges, as recommended by the Director of Information Services 24. ACCEPTED the Federal Annual Equitable Sharing Financial Certification Report documenting the use of drug asset funds, including $94,973 for fiscal year 2000-01 and approved related actions, as recommended by the Sheriff-Coroner 25. APPROVED contract in the amount of $14,520 with Transcor America, LLC for transportation of prisoners, as recommended by the Sheriff-Coroner 26. ACCEPTED nomination of Amy Christey for appointment to the Domestic Violence Commission, as an at-large representative of the gay, lesbian, bisexual and transgender community, with final appointment to be made September 11, 2001, as recommended by the Supervisor Campos 27. 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 Administrator 28. AUTHORIZED submission of the funding application to the California Department of Health Services, Disease Investigations and Surveillance Branch, for the Hepatitis C Prevention and Control project in the amount of $96,356, as recommended by the Health Services Agency Administrator 29. APPROVED agreement with ECG Management Consultants, Incorporated in an amount not-to-exceed $130,000 for management consultant services related to a new clinic practice management system; authorized the Health Services Agency Administrator to sign; and approved request for transfer of appropriations in the amount of $130,000, as recommended by the Health Services Agency Administrator 30. DEFERRED consideration of the Proposed Second Amended Emergency Medical Services Provider Agreement for Ambulance Advanced Life Support Transport Services to September 11, 2001, as recommended by the Health Services Agency Administrator 31. ACCEPTED AND FILED report on Community Programs Facilities Work Plan Contract and directed the Human Resources Agency to return to the Board on or before September 18, 2001 with a recommended agreement for a Facilities Work Plan Study, as recommended by the Human Resources Agency Administrator 32. APPROVED contract with Defensa De Mujeres in the amount of $50,000 for CalWORKs domestic abuse intervention services and authorized the Human Resources Agency Administrator to sign the agreement on behalf of the County, as recommended by the Human Resources Agency Administrator 33. APPROVED contract with Walnut Avenue Women's Center in the amount of $25,000 for CalWORKs domestic abuse intervention services and career advancement mentoring services and authorized the Human Resources Agency Administrator to sign the agreement on behalf of the County, as recommended by the Human Resources Agency Administrator 34. ADOPTED RESOLUTION NO. 355-2001 accepting and appropriating $5,000 from the Children's Trust Fund; approved contracts with the Child Abuse Prevention Council in the amount of $1,500 to provide parent education panels and in the amount of $3,500 to provide camp scholarships; and authorized the Human Resources Agency Administrator to sign the contracts, as recommended by the Human Resources Agency Administrator 35. APPROVED gross pay adjustment in the amount of $168 for an employee of the Human Resources Agency, as recommended by the Human Resources Agency Administrator 36. DEFERRED Update on Emergency Pre-Eviction Program to September 18, 2001, as recommended by the Human Resources Agency Administrator 37. AUTHORIZED the Human Resources Agency Administrator to sign agreement with GovConnect, Incorporated to support CalWIN planning and implementation, as recommended by the Human Resources Agency Administrator 38. CONTINUED consideration to accept and file report on the Code Compliance Program to September 18, 2001, as recommended by the Planning Director 39. DEFERRED report on resumption of mobile home inspections to September 11, 2001, as recommended by the Planning Director 40. ACCEPTED AND FILED report on the designation and acquisition of County Parks, as recommended by the Planning Director 41. DEFERRED report regarding housing in-lieu fees to September 18, 2001, as recommended by the Planning Director 42. APPROVED independent contractor agreement for Aptos- Seascape County Service Area No. 3 (District 2) with A-1 Sweeping Service in the amount of $10,000 per month for nine months and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 43. APPROVED plans, specifications and engineer's estimate for the CSA Overlay project for County Service Area No. 36 Forest Glen, Ross Zone (District 2), County Service Area No. 42 Sunlit Lane (District 3) and County Service Area No. 44, Sunbeam Woods (District 5); authorized calling for bids; set bid opening for 10:45 a.m. on September 25, 2001; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 44. APPROVED amendment to agreement with Garcia and Associates for cultural resource services in a not-to- exceed amount of $22,000 for the Wilder Ranch Bike Path project; approved amendment to agreement with URS Corporation to increase contract by $57,820.92 for construction inspection of the Wilder Ranch Bike Path project; and authorized the Director of Public Works to sign the contracts, as recommended by the Director of Public Works 45. APPROVED independent contractor agreement with Cotton, Shires and Associates for geotechnical/design services, for the Amesti Road Dewatering and Stabilization project, for a not-to-exceed amount of $175,721; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director Public Works 46. APPROVED specifications and engineer's estimate for the 2001-2002 Pavement Management Dig-out project; authorized calling for bids; set the bid opening for 10:45 a.m. on September 25, 2001; and approved related actions, as recommended by the Director of Public Works 47. APPROVED amendment to agreement with Waste Management of Santa Cruz County revising the language in the franchise agreement specifying the Castroville Materials Recovery Facility as the designated recycling processing facility and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works 48. CONTINUED consideration of report on the Felt Street Plaza property and related issues to September 18, 2001, as recommended by the Redevelopment Agency Administrator 49. ACCEPTED AND FILED report on employee housing issues; directed staff to convene the parties described in Supervisor Almquist's June 21, 2001 letter for the purpose of generally exploring employee housing issues and the range of possible opportunities for cooperation and report back on or before December 11, 2001 regarding the status of those discussions, as recommended by the Redevelopment Agency Administrator 49.1 RATIFIED Contract Change Order No. 1 in the amount of $8,316.84; approved Contract Change Order No. 2 in the amount of $6,514.20 for the 2000-2001 Pavement Management Slurry Seal Project; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works 50. SEE ITEM NO. 55.1, REGULAR AGENDA 51. 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. E.A. Hathaway & Company, et al, San Mateo County Superior Court Case No. 415538 Case Name/No.:Rio Highlands LLC v. County of Santa Cruz Superior Court Case No. CV140518 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case REPORT OF COUNTY COUNSEL - the Board of Supervisors authorized County Counsel to execute the Agreement dated August 21, 2001, entitled Settlement Agreement and Release between local governments and the law firm of Lieff, Cabraser, Heimann and Bernstein LLP, with terms including the payment of $208,911 and authorized the Auditor to make payment by abating revenue and to make the subsequent budget adjustment BPWAC 51.1 DIRECTED the Chairman to write to the Trial Courts and express the Board's concern that the Court uphold and enforce County ordinances to stop helicopter flights into the mountains north of Boulder Creek until a trial can be held, as recommended by Supervisor Almquist REGULAR AGENDA 52. 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 5 to convene and carry out its regularly scheduled meeting 53. Public hearing held to consider resolution consummating purchase of Real property located at 303 Water Street, Santa Cruz, Assessor's Parcel No. 008- 323-04, 12 and 18; adopted RESOLUTION NO. 356-2001 Consummating the Purchase of Real Property Described in Resolution No. 333-2001; with an additional direction that the County Administrative Officer return on December 11, 2001 with an analysis of the potential uses of the property for County Government and the space that is now privately leased as well as a cost analysis of what that would incur WABPC 54. APPROVED appointment of Michael Bethke to the Building and Fire Code Appeals Board, as an at-large appointee experienced in construction, in accordance with County Code Chapter 2.100, Section 20, for a term to be staggered by lot WBPAC 55. APPROVED appointment of Jack Baskin to the Housing Authority Board of Commissioners, as an at-large representative, in accordance with Resolution No. 389- 69, for a term to expire August 28, 2005 PWBAC 55.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the expenditure of $125,000 in Redevelopment housing funds to renovate farm worker housing on the North Coast and directed the Redevelopment Agency to work with the Third District Office, the Trust for Public Land, State Parks and farmers involved to develop a final agreement to allow for the rehabilitation of this housing and report back to the Board on its progress on or before October 23, 2001, as recommended by Supervisor Wormhoudt WABPC