Board of Supervisors Minutes - 01/23/01


                         PROCEEDINGS OF THE 
                          SANTA CRUZ COUNTY
                        BOARD OF SUPERVISORS

                        VOLUME 2001, NUMBER 2
                          JANUARY 23, 2001
           
 
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                       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 
              Nos. 74.1, 74.2, 74.3, 74.4, 74.5, 74.6 and deleted
              Item No. 47

          4.  ORAL COMMUNICATIONS - 7 people addressed the Board
 
          5.  Additions and Deletions to Regular Agenda

CONSENT AGENDA
BWPAC

          6.  APPROVED claims as submitted by the Auditor-Controller

          7.  APPROVED the minutes of January 9, 2001, as
              recommended by the Clerk of the Board

          8.  ACCEPTED AND FILED notification of continuing
              contracts received during the period of January 8,
              2001 through January 19, 2001 and approved upon
              adoption of the 2000/01 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.  REJECTED the claim of Rio Highlands LLC and Castle
              Companies, No. 001-063 and referred to County Counsel


         10.  REJECTED the claim of Shawn R. Erwood, No. 0001-064
              and referred to County Counsel

         11.  REJECTED the claim of Margaret Cathrine Bauer, No.
              001-066 and referred to County Counsel

         12.  REJECTED the claim of Susana L. daSilva, No. 001-067
              and referred to County Counsel

         13.  REJECTED the claim of Lieff, Cabraser, Heimann and
              Bernsetin, LLP, No. 001-070 and referred to County
              Counsel

         14.  REJECTED the claim of Herschel P. Dosier, No. 001-071
              as insufficiently filed and referred to County Counsel

         15.  APPROVED the Agreement with the State Department of
              Finance to borrow $565,000 from the State-County
              Property Tax Administration Program for calendar year
              2001, as recommended by the Assessor

         16.  APPROVED the Proposition 172 Maintenance of Effort
              Calculation for 2000-2001 and approved related
              actions, as recommended by the County Administrative
              Officer

         17.  DEFERRED report on analysis of the feasibility of
              requiring environmentally-certified wood and energy in
              County contracting until February 27, 2001, as
              recommended by the County Administrative Officer

         18.  ADOPTED RESOLUTION NO. 12-2001 providing for a
              property tax exchange for Local Agency Formation
              Commission (LAFCO) #877: Graham Hill Reorganization of
              the Scotts Valley Fire Protection District, as
              recommended by the County Administrative Officer

         19.  ACCEPTED AND FILED report on community services and
              facility issues; directed staff to return on February
              13, 2001 and March 6, 2001 with related reports; and
              approved related actions, as recommended by the County
              Administrative Officer

         20.  ACCEPTED Treasurer's monthly cash report and
              transaction report for the period ending December 29,
              2000, as recommended by the Treasurer-Tax Collector

         21.  APPROVED contract with First Alarm in an amount not to
              exceed $27,405 for site security at the Department of
              Child Support Services, effective January 16, 2001
              through June 30, 2001, as recommended by the Director
              of Child Support Services

         22.  APPROVED Independent Contract Agreement in the amount
              of $50,000 for consulting services to be provided by
              John J. Bassett from January 23, 2001 through June 30,
              2001 and approved related actions, as recommended by
              the District Attorney

         23.  DEFERRED report on the Santa Cruz Operational Area
              Emergency Operations Plan until February 6, 2001, as
              recommended by the Director of General Services

         24.  APPROVED the lease amendment in the amount of $646 per
              month with the United States House of Representatives
              for legislative office space in the County Government
              Center and approved related actions, as recommended by
              the Director of General Services

         25.  ACCEPTED 1080 Emeline Basement HVAC project as
              complete; approved the final cost of $33,206; and
              authorized the Clerk of the Board to file the Notice
              of Completion, as recommended by the Director of
              General Services

         26.  APPROVED Master Independent Contractor Agreement with
              Axiom II Business Interiors for modular furniture
              installation services and approved related actions, as
              recommended by the Director of General Services

         27.  DEFERRED consideration of the report on surplussing
              vehicles to non-profit agencies to April 17, 2001, as
              recommended by the Director of General Services


         28.  APPROVED contract and Operational Agreement with the
              County Fire Department in the amount of $1,832,633 for
              fire protection services for Fiscal Year 2000/2001 and
              approved related actions, as recommended by the
              Director of General Services

         29.  APPROVED contract amendments to extend the end dates
              to June 30, 2001 for contracts with Norment Security
              Group, Incorporated, A and D Automatic Gate and
              Access, Criminal Justice Research Foundation, and
              Online Electric and approved related actions, as
              recommended by the Director of General Services

         30.  DEFERRED report on recruitment of persons with
              disabilities and the County Equal Employment
              Opportunity Plan until May 22, 2001, as recommended by
              the Personnel Director and the Equal Employment
              Opportunity Officer

         31.  APPROVED the transfer of funds in the amount of $1,200
              within the Detention Bureau and authorized the total
              amount of $4,000 for the purchase of a food service
              mobile rack, as recommended by the Sheriff-Coroner

         32.  APPROVED an agreement with Cabrillo College for law
              enforcement training services at a cost not-to-exceed
              $7,800 for Fiscal Year 2000/2001, as recommended by
              the Sheriff-Coroner

         33.  APPROVED cooperative agreement for disposal of
              combustible devices within Monterey County; authorized
              the Sheriff-Coroner to sign the agreement; and adopted
              RESOLUTION NO. 13-2001 accepting unanticipated revenue
              in the amount of $6,000, as recommended by the
              Sheriff-Coroner

         34.  APPROVED appointment of Terry Hancock to the Planning
              Commission, as the Second District alternate member,
              for a term to expire January 3, 2005, as recommended
              by Supervisor Pirie

         35.  APPROVED appointment of Supervisor Ellen Pirie as the
              alternate for Supervisor Almquist on the Santa Cruz
              County Regional Transportation Commission, as
              recommended by Supervisor Almquist

         36.  DIRECTED the Chairman to write to the County's State
              representatives requesting that they introduce or co-
              author legislation which would allocate funding to
              research and eradicate Sudden Oak Death, as well as
              provide assistance to offset the costs to public and
              private landowners as a result of this disease, as
              recommended by Supervisor Wormhoudt

         37.  ACCEPTED AND FILED annual report of the Emergency
              Medical Care Commission and take related action, as
              recommended by Chairman Campos

         38.  ACCEPTED AND FILED annual report of the Deferred
              Compensation Advisory Commission and take related
              action, as recommended by Chairman Campos

         39.  ACCEPTED notification of vacancies on the Board of
              Directors of the Community Action Board for an at-
              large member and an alternate at-large member, with
              nominations for appointment to be received on February
              6, 2001 and final appointments to be made February 13,
              2001, as recommended by Chairman Campos

         40.  APPROVED appointment of members of the Board of
              Supervisors to various agencies, committees and
              commissions for calendar year 2001, as recommended by
              Chairman Campos

         41.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ FLOOD
              CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7,
              RESCHEDULED the meeting of January 23, 2001 to
              February 6, 2001 at 7:30 p.m. at the Watsonville City
              Council Chambers

         42.  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 Administrator

         43.  ACCEPTED the Health Services Agency Report on "The
              Uninsured and Access to Health Care" and directed
              staff to report back on February 6, 2001, as
              recommended by the Health Services Agency
              Administrator

         44.  APPROVED contract with Appleby and Company for
              document imaging equipment, software, and file
              conversion; approved transfer of appropriations in the
              amount of $149,292 from the County Technology Fund;
              and approved related actions, as recommended by the
              Health Services Agency Administrator

         45.  ADOPTED RESOLUTION NO. 14-2001 accepting and
              appropriating $306,500 of unanticipated funds into the
              Health Services Agency Community Mental Health budget
              for the Homeless Support and Outreach program and
              approved related actions, as recommended by the Health
              Services Agency Administrator

         46.  AUTHORIZED the Health Services Agency Administrator to
              sign agreement designating Central Fire Department as
              an approved paramedic service provider for the Central
              Fire District; directed the Health Services Agency
              Administrator to return to the Board in its annual
              report on Fire Services Integration regarding
              implementation of the agreement, as recommended by the
              Health Services Agency Administrator

         47.  DELETED ITEM

         48.  APPROVED amendment to continuous agreement with Santa
              Cruz Transportation, Incorporated for transportation
              services for psychiatric services and authorized the
              Health Services Agency Administrator to sign, as
              recommended by the Health Services Agency
              Administrator 

         49.  APPROVED grant application to the State Emergency
              Medical Services Administration in the amount of
              $140,000 for the evaluation of the Santa Cruz County
              Trauma Plan and directed the Clerk of the Board to
              take related actions, as recommended by the Health
              Services Agency Administrator

         50.  APPROVED the fixed asset purchase of modular furniture
              in the amount of $25,035 for the Health Services
              Agency's California Children's Services Program;
              adopted RESOLUTION NO. 15-2001 accepting unanticipated
              revenue in the amount of $2,000 from the Pajaro Valley
              Unified School District; and approved the transfer of
              $23,035 in appropriations to the fixed asset account
              within the Santa Cruz California Children's Services
              budget, as recommended by the Health Services Agency
              Administrator

         51.  AUTHORIZED the Human Resources Agency Administrator to
              sign a contract for the development of a strategic
              plan with HomeBase in an amount not to exceed $40,000;
              adopted RESOLUTION NO. 16-2001 accepting unanticipated
              revenue of $20,000; and directed the Human Resources
              Agency Administrator to report back on March 27, 2001,
              with a report on the status of the planning process,
              including the expansion of the scope and membership of
              the Continuum of Care and identification of a short-
              term project or projects to meet the most critical
              needs identified in the Santa Cruz County Homeless
              2000 Census and Needs Assessment, as recommended by
              the Human Resources Agency Administrator

         52.  APPROVED an amendment of contract with Food and
              Nutrition Services, terminating the contract effective
              June 30, 2000, and approved continuing contract with
              Food and Nutrition Services in the amount of $235,696
              for welfare-to-work services; adopted RESOLUTION NO.
              17-2001 accepting unanticipated revenue in the amount
              of $125,696; approved continuing contract with
              Community Action Board for welfare-to-work services in
              the amount of $198,000 and adopted RESOLUTION NO.18-
              2001 accepting unanticipated revenue in the amount of
              $99,000 and approved related actions, as recommended
              by the Human Resources Agency Administrator 

         53.  ADOPTED RESOLUTION NO. 19-2001 accepting unanticipated
              revenue from the California Department of Education
              for Cal Works Stage 3 Child Care program in the amount
              of $406,460; adopted RESOLUTION NO. 20-2001 approving
              an agreement with the California Department of
              Education in the amount of $406,460 for subsidized
              child care services; and authorized the Human
              Resources Agency Administrator to sign agreement and
              to make subsequent minor changes thereto when
              appropriate and necessary, as recommended by the Human
              Resources Agency Administrator

         54.  DEFERRED status report on the In-Home Supportive
              Services Advisory Committee until February 13, 2001,
              as recommended by the Human Resources Agency
              Administrator

         55.  DEFERRED report regarding the Community Programs
              Technology Enhancement project until February 27,
              2001, as recommended by the Human Resources Agency
              Administrator

         56.  DEFERRED status report on In-Lieu Fee program to
              February 27, 2001, as recommended by the Planning
              Director

         57.  APPROVED contract amendment increase to rates charged
              by EcoSystems West Consulting Group for preparation of
              biotic assessments, as recommended by the Planning
              Director

         58.  SCHEDULED a public hearing for February 27, 2001 for
              the morning agenda, at 9:00 am. or thereafter to
              consider a proposal to rezone property from the R-1-1
              acre zone district to the R-1-10 zone district, to
              create four, single family residential lots and to
              construct four single family dwellings, as recommended
              by the Planning Director

         59.  DEFERRED report on conceptual ordinance amendments to
              the Neighborhood Commercial (C-1) Zone District Use to
              February 27, 2001, as recommended by the Planning
              Director

         60.  APPROVED the deletion of two vacant Accountant I/II
              positions and the addition of a Senior Accounting
              Technician and an Accountant III position to the
              Department of Public Works, as recommended by the
              Director of Public Works

         61.  DEFERRED report on the list of alternatives for
              expenditure of $10,250 in Department of Conservation
              funding to February 27, 2001, as recommended by the
              Director of Public Works

         62.  ADOPTED RESOLUTION NO. 21-2001 accepting and
              appropriating unanticipated revenue in the amount of
              $150,000 from the Statewide Transportation Enhancement
              Act program; adopted RESOLUTION NO. 22-2001
              authorizing execution of the Amendment; approved
              Amendment to Cooperative Agreement between the State
              of California and County of Santa Cruz for the Wilder
              Ranch Bike Path Project; and approved actions, as
              recommended by the Director of Public Works

         63.  APPROVED amendment to agreement in the not-to-exceed
              amount of $12,800 between the County of Santa Cruz and
              Bowman and Williams Consulting Civil Engineers for the
              Soquel Drive Roadside Improvement project and
              authorized the Director of Public Works to sign the
              agreement, as recommended by the Director of Public
              Works

         64.  APPROVED amendment to agreement with Philip
              Transportation and Remediation, Incorporated to add
              pricing for services relating to the Household
              Hazardous Waste Program and authorized the Director of
              Public Works to sign the agreement, as recommended by
              the Director of Public Works

         65.  ADOPTED RESOLUTION NO. 23-2001 for right of way
              acquisition for the Browns Valley Road Bridge
              Replacement Project and approved payment of claim, as
              recommended by the Director of Public Works

         66.  ADOPTED RESOLUTION NO. 24-2001 for right of way
              acquisition for the Capitola Road Improvement project;
              make related findings; and approved payment of claims,
              as recommended by the Director of Public Works

         67.  SEE ITEM NO. 78.1, REGULAR AGENDA

         68.  DIRECTED the Parks Department to continue negotiations
              with Santa Cruz County Aquatics and return on or
              before March 6, 2001 with a further report, as
              recommended by the Director of Parks, Open Space and
              Cultural Services

         69.  SEE ITEM NO. 78.2, REGULAR AGENDA

         70.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, APPROVED Agency funds totaling
              $62,200 for the acquisition of right-of-way for the
              Bargetto-Soquel Drive Bridge Replacement and Road
              Improvement Project and approved related actions, as
              recommended by the Redevelopment Agency Administrator

         71.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, AUTHORIZED the Agency
              Administrator to sign the contract amendment reducing
              administrative costs for the Security Deposit/Last
              Month's Rent Guarantee Program, as recommended by the
              Redevelopment Agency Administrator

         72.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, APPROVED agreement with the Live
              Oak School District related to providing a portable
              classroom for a teen center and related actions, as
              recommended by the Redevelopment Agency Administrator

         73.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, APPROVED financing for
              acquisition of various right-of-way and easements
              necessary for the construction of the Capitola Road
              Improvement project and approved related actions, as
              recommended by the Redevelopment Agency Administrator

         73.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, APPROVED and authorized the
              County Executive Director or designee to sign
              investment agreement between the Redevelopment Agency
              and Bank of America in the amount of $23,769,050.88,
              as recommended by the Auditor-Controller and the
              Redevelopment Agency Administrator

         74.  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
              and Company, et al., Santa Cruz County Superior Court
              Case No. CV 138598
              Case Name/No.:Charles Bruscino v. Mark Estess, et al.,
              Santa Cruz County Superior Court Case No. CV 139646
              Case Name/No.:County of Santa Cruz v. City of San
              Jose, et al., Santa Clara Superior Court Case No. CV
              7944209
              Case Name/No.: Ryan Roob, a minor, et al. v. County of
              Santa Cruz et al. Santa Cruz County Superior Court
              Case No. 135186
              CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
              Significant exposure to litigation was considered
              pursuant to subdivision (b) of Government Code Section
              54956.9 for three potential case(s).
              CONFERENCE WITH REAL PROPERTY NEGOTIATOR
              Property street address (APN if no street address):
              APN 75-141-22
              Negotiating parties (not agents): William and Teghan
              McDermott
              CONFERENCE WITH LABOR NEGOTIATOR
              Agency negotiator: Personnel Director
              Employee organization: All Units
              REPORT OF COUNTY COUNSEL - The Board of Supervisors
              authorized the County Counsel to defend and indemnify
              Deputy Gary McConnell and Sheriff's Reserve Deputy
              Steve Beck in the State Case No. 139646 Charles
              Bruscino v. Mark Estess, et al., with a reservation of
              rights with regard to punitive damages 

              BPWAC

         74.1 DEFERRED report on Construction and Demolition Waste
              Recovery Program at Buena Vista Landfill to on or
              before February 27, 2001, as recommended by the
              Director of Public Works

         74.2 DEFERRED report on the medical leadership of
              psychiatric services in the Mental Health Division of
              the Health Services Agency until February 27, 2001, as
              recommended by the Health Services Agency
              Administrator


         74.3 DIRECTED County Counsel, Auditor-Controller and Public
              Works to return on March 27, 2001, with a signed
              Memorandum of Transfer, transferring the County
              Service Area 54 water system to Santa Cruz Mountains
              Summit West or in the alternative, the necessary items
              to commence the direct operation of that water system
              as of July 1, 2001 and authorized County Counsel to
              sign the Safe Drinking Water Loan Contract Amendment
              on behalf of County Service Area 54, as recommended by
              County Counsel

         74.4 DESIGNATED the San Lorenzo River Bike/Pedestrian
              project for inclusion in the Regional Transportation
              Plan unconstrained listing, as recommended by
              Supervisor Almquist

         74.5 DIRECTED the Long Range Planning Division of the
              Planning Department to return to the Board on February
              6, 2001, with the appropriate process and time line
              for designation of APN 028-302-04 as a park site, in
              order to protect the Monarch Butterfly habitat at
              Moran Lake and neighboring residences, as recommended
              by Supervisor Beautz

         74.6 APPROVED the allocation of $20,000 toward the
              continuing litigation by the Association of Monterey
              Bay Area Governments relative to the Cisco
              development, as outlined, as recommended by Supervisor
              Beautz

  
REGULAR AGENDA

         75.  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 

         76.  Continued consideration of adoption of a resolution
              authorizing County Counsel to institute eminent domain
              proceedings for the Bargetto-Soquel Drive Bridge
              Replacement and Road Improvement Project;
        (1)   determined that the acquisitions are of benefit to the
              project area or the immediate area in which the work
              is located, that no other reasonable means of
              financing the work are available to the community,
              that the work will assist in the elimination of
              blight, and that the project is consistent with the
              Redevelopment Agency's five year implementation plan;
        (2)   conducted a hearing on the proposed eminent domain
              action;
        (3)   adopted RESOLUTION NO. 25-2001 Authorizing County
              Counsel to Institute Eminent Domain Proceedings for
              the Bargetto-Soquel Drive Bridge Replacement and Road
              Improvement Project:  Tuosto (Weber) APN: 030-082-28,
              Cramblit - APN: 030-082-32 and BNY Western Trust
              Company (Clover Trust) - APN: 030-151-23;
        (4)   and directed Clerk of the Board to take related
              actions

              BWPAC 

         77.  APPROVED reappointment of Michael J. Barsi to the
              Board of Law Library Trustees for a term to expire
              December 31, 2001

              WBPAC

         78.  APPROVED reappointment of Thomas P. Dwyer to the Board
              of Law Library Trustees for a term to expire December
              31, 2001

              AWBPC

         78.1 ADOPTED RESOLUTION NO. 26-2001,as amended, accepting
              five Offers of Dedication for coastal access and
              directed Clerk of the Board to take related actions;
              with an additional direction to Clerk of the Board to
              add to the staff report the words "Pedestrian Use
              Only" after the address 528 Stagg Lane 

              ABPWC
           
         78.2 APPROVED agreement between the County and the Live Oak
              School District for developing a teen center;
              authorized the Director of Parks to sign the
              agreement; and approved related actions; with an
              additional direction that in the Joint Use Agreement,
              under Reciprocal Use Agreement, top of page 7, delete
              the words "and other facilities under the control of
              each Party" and add the words "as they relate to the
              Teen Center",.....

              BWPAC












           
Approved:                                                
                  Chair, Board of Supervisors


Attest:                                          
              Clerk of the Board


Date:                                                                



NOTE:      This set of Board of Supervisors Minutes is scheduled to
           be approved by the Board on February 6, 2001 
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