PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 2001, NUMBER 25 SEPTEMBER 25, 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, Chairman Campos absent only on Item Nos. 51, 52, 52.1 and 52.2 Moment of Silence and Pledge of Allegiance 2. Consideration of Late Additions to the Agenda 3. Additions and Deletions to Consent Agenda, See Item Nos. 48.1 and 48.2 4. ORAL COMMUNICATIONS - Two people addressed the Board 5. Additions and Deletions to Regular Agenda CONSENT AGENDA WBPAC 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of September 11, 2001, as recommended by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received during the period of September 13, 2001 through September 19, 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 detailed reading of said ordinances, as recommended by County Counsel 10. ADOPTED ORDINANCE NO. 4637 Amending Chapter 7.89 and Repealing Subdivision I of Section 5.50.180 of the Santa Cruz County Code Relating to Tobacco Advertising and Sales 11. ADOPTED ORDINANCE NO. 4638 Adding Chapter 2.121 to the Santa Cruz County Code Relating to the In-Home Supportive Services Public Authority of the County of Santa Cruz 12. ACCEPTED AND FILED report on Grant Accounting in the District Attorney's Office, as recommended by the Auditor-Controller 13. ADOPTED RESOLUTION NO. 379-2001 approving the 2001- 2002 budget for County funds and Special Districts Governed by the Board of Supervisors per Exhibit A; canceled various appropriations due to insufficient funding as shown on Exhibit B; and adopted RESOLUTION NO. 380-2001 establishing the 2001-2002 appropriations limitations for the County and Special Districts Governed by the Board of Supervisors per Exhibit C, as recommended by the Auditor-Controller 14. ACCEPTED AND FILED status report on Watsonville Court Facility Planning; and directed the County Administrative Office to return on or before November 20, 2001 with a further report, as recommended by the County Administrative Officer 15. APPROVED extension of County/Court Memorandum of Understanding (MOU) until October 16, 2001 and directed the County Administrative Officer to return on that date with a renewal of the MOU, as recommended by the County Administrative Officer 16. SEE ITEM NO. 52.3, REGULAR AGENDA 17. ADOPTED RESOLUTION NO. 381-2001 authorizing the District Attorney's Office to reapply to the Department of Justice for funding in the amount of $42,000 for the Spousal Abuser Prosecution Program and approved related action, as recommended by the District Attorney 18. ADOPTED RESOLUTION NO. 382-2001 authorizing the District Attorney to reapply to the State Department of Insurance for $68,886.85 in fiscal year 2001-2002 Automobile Insurance Fraud funds and approved related action, as recommended by the District Attorney 19. AUTHORIZED the General Services Director to notify the State of California Department of Vocational Rehabilitation Business Enterprise Program of the County's intent to terminate its agreement for cafeteria operations effective September 28, 2001; authorized the General Services Director to purchase the equipment listed on Attachment 1 with funds budgeted in Plant Index 191050, Sub Object 6610 at a price not-to-exceed $0.10 on the dollar; authorized the General Services Director, with the concurrence of the Auditor-Controller and County Counsel, to enter into an interim six month independent contractor agreement with Michael Clark to operate the cafeteria; adopted RESOLUTION NO. 383-2001 accepting and appropriating revenue from cafeteria operations as detailed in the resolution; and directed the General Services Department to return on or before January 15, 2002 with a Request for Proposal for cafeteria operations at the Government Center, as recommended by the Director of General Services 20. APPROVED deferral of bid award for the Juvenile Hall Renovation and Expansion project until October 23, 2001, as recommended by the Director of General Services 21. ADOPTED RESOLUTION NO. 384-2001 accepting and appropriating unanticipated revenue in the amount of $67,604; awarded contract to Webb's Painting Company in the amount of $119,640 for the Emeline Complex Re- paint project; and approved related actions, as recommended by the Director of General Services 22. 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 23. ACCEPTED AND FILED Probation Department report on Neighborhood Accountability Boards and intensive gang services for adult offenders, as recommended by the Chief Probation Officer 24. ACCEPTED AND FILED the Inmate Welfare Fund Annual Income/Expense Report for fiscal year 2000-2001, as recommended by the Sheriff-Coroner 25. DEFERRED report regarding Marijuana Suppression Program Grant to October 23, 2001, as recommended by the Sheriff-Coroner 26. AUTHORIZED Sheriff-Coroner co-sponsorship of conference on "Meeting the needs of Gay, Lesbian, Bisexual, Transgendered, and Questioning Youth in Santa Cruz County: A Workshop for Service Providers" in the amount of $250, as recommended by the Sheriff- Coroner 27. ACCEPTED Treasurer's Monthly Cash Report and Transaction Report for the period ending August 31, 2001, as recommended by the Treasurer-Tax Collector 28. ACCEPTED nomination of Ernesto Lopez-Molina for appointment to the Domestic Violence Commission, as an at-large member representing the Latino community, with final appointment to be made October 2, 2001, as recommended by Supervisor Almquist 29. APPROVED appointment of Judi Sherman to the Human Services Commission for a term to expire April 1, 2005, as recommended by Supervisor Almquist 30. 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 31. APPROVED contract in the amount of $156,011 with Shoreline Occupational Services for the Post Employment Career Advancement Project and authorized the Human Resources Agency Administrator to sign the contract on behalf of the County, as recommended by the Human Resources Agency Administrator 32. ADOPTED RESOLUTION NO. 385-2001 accepting and appropriating unanticipated revenue in the amount of $23,333; approved agreement with Mountain Community Resources in the amount of $23,333 for information and referral services; and authorized the Human Resources Agency Administrator to sign, as recommended by the Human Resources Agency Administrator 33. DEFERRED the workshop session on Community Programs, including Latino Equity, to November 6, 2001, as recommended by the Human Resources Agency Administrator 34. DEFERRED status report on the Buena Vista Landfill Gas Power to on or before October 16, 2001, as recommended by the Director of Public Works 35. DEFERRED progress report on Water Resources Management until October 23, 2001, as recommended by the Planning Director 36. DEFERRED report on Wireless Communications Facilities to November 20, 2001, as recommended by the Planning Director 37. DEFERRED status report on FishNet 4C Implementation Plan until October 16, 2001, as recommended by the Planning Director 38. SEE ITEM NO. 52.1, REGULAR AGENDA 39. APPROVED program supplement to the County-State Agreement providing federal funding reimbursement for Kings Creek Road Bridge Reconstruction project; adopted RESOLUTION NO. 386-2001 authorizing execution of agreement; and approved related actions, as recommended by the Director of Public Works 40. SEE ITEM NO. 52.2, REGULAR AGENDA 41. APPROVED independent contractor agreement with Salix Applied Earthcare in the not-to-exceed amount of $24,755 for the San Vicente Creek Streambank Protection project; adopted RESOLUTION NO. 387-2001 accepting and appropriating unanticipated revenue from the Natural Resources Conservation District in the amount of $20,500; adopted RESOLUTION NO. 388-2001 accepting and appropriating unanticipated revenue from the Governor's Office of Emergency Services in the amount of $6,200; approved the transfer of $8,800 in appropriations from contingencies within the Zone 4 budget; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works 42. APPROVED independent contractor agreement with First Alarm Security and Patrol in the amount of $1,500 per month for 12 months for litter cleanup and security patrol services for County Service Area No. 3, Aptos Seascape (District 2) and authorized the Director of Public Works to sign the agreement on behalf of the County Service Area No. 3, Aptos Seascape, as recommended by the Director of Public Works 43. APPROVED Contract Change Order No. 1 in the amount of $17,999 for the 2000/2001 Pavement Management Overlay project for County Service Area No. 33, Redwood Drive (District 2) and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works 44. AUTHORIZED Public Works to submit Request for Proposals to consultants that specialize in fish and wildlife and biological services to provide biological assessments and monitoring services for various projects in the County; directed Public Works to return on or before November 20, 2001 with a contract(s) to hire a fish and wildlife consultant; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works 45. APPROVED the independent contractor agreement with Happy Valley School in a not-to-exceed amount of $3,250 to produce an educational program titled "Every Day is Earth Day" and authorized the Director of Public Works to sign agreement on behalf of the County, as recommended by the Director of Public Works 46. CONTINUED TO OCTOBER 2, 2001 report on the Trench Cut Fee Ordinance 47. DEFERRED report on the acquisition of the McGregor Property in Seacliff to October 16, 2001, as recommended by the Director of Parks, Open Space and Cultural Services 47.1 DEFERRED report on Sheriff's Athletic League operations to October 23, 2001, as recommended by the Director of Parks, Open Space and Cultural Services 48. 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 Case Name/No.:Steven Travis, Stanley M. Sokolow, Sonya Sokolow v. County of Santa Cruz, Sixth Appellate District, Case No. H021541 Case Name/No.:In re Dismissal of Alan Johnson, Santa Cruz Superior Court No. 141678 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for two potential cases CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case PERSONNEL SESSION - County Counsel REPORT OF COUNTY COUNSEL- No report given 48.1 APPROVED the inclusion of cash benefits for the CalWORKs, Refugee Cash Assistance, and General Assistance programs in the Electronic Benefit Transfer Project, as recommended by the Human Resources Agency Administrator 48.2 ACCEPTED report regarding the County's inability to make a direct cash donation to the relief efforts associated with the terrorist attacks on September 11, 2001, pursuant to the provisions of the State Constitution, and authorized the Health Services Agency and other appropriate County departments to cooperate fully with local organizations in an effort to maximize the ability of County residents to provide financial assistance to those affected by this national tragedy, as recommended by Supervisor Campos REGULAR AGENDA 49. Presentation honoring Captain Dave Stuflick, Commander of the Santa Cruz office of the California Highway Patrol 50. Public hearing held to establish the 2002 Growth Goal; (1) referred matter to the Planning Commission, including the 0.50 percent growth rate, for consideration and recommendation to the Board of Supervisors; (2) continued public hearing to December 4, 2001, with direction to staff to return with the recommendation of the Planning Commission and a resolution for action by the Board of Supervisors; (3) with additional direction regarding the 2001 permits: if any of the prior year reserves are to be utilized as a part of this years requirements, staff would return to the Board with a report on potentially increasing the affordability requirements as it relates to the use of those reserved permits, provided that it is for more than one unit AWBPc 51. RECEIVED bids regarding 2001/2002 Pavement Management Dig-out Project and referred to the Public Works Department to return on or before October 2, 2001 with a recommendation on awarding of the bid WABP/C/ 52. RECEIVED bids regarding County Service Area Overlay Project, CSA No. 36, Forest Glen, Ross Zone (District 2), CSA No. 42, Sunlit Lane (District 3), CSA No. 44 Sunbeam Woods (District 5) and referred to the Public Works Department to return on or before October 2, 2001 with a recommendation on awarding of the bid WABP/C/ 52.1 APPROVED the fiscal year 2001-2002 Work Program for the Advanced Planning section of the Planning Department; with additional directions to specifically include the San Lorenzo Valley School supported housing project with the discussion of the Highway 9 rezoning and include changes that may be required; include the Monarch Butterfly in the list of special species and associated mapping database and associated ordinances and policies to support this program; and add to the Work Program the possible development of a special study to address the character of the Pleasure Point area as a Special Community or other appropriate designation WABP/C/ 52.2 ACCEPTED AND FILED report on the funding of environmental grant administration services and directed the Public Works Department to report back on the status of proposal on or before November 20, 2001, as recommended by the Director of Public Works WABP/C/ 52.3 ACCEPTED AND FILED report on The Farmworker Housing (1) Health Survey; (2) directed staff to include a report on farm worker housing issues as part of the October 2, 2001 workshop; (3) directed staff to implement the recommendations outlined in the letter of the County Administrative Officer dated September 20, 2001 pertaining to Social Service and Health issues; (4) with additional directives that County Counsel report back on October 23, 2001 regarding the issue of ordinances to prevent retaliation against tenants; and Health Services Agency Administrator report back on November 20, 2001 with a more specific analysis of a Promotores Program in Santa Cruz County and associated County cost for its development and implementation BWPAC