Board of Supervisors Minutes - 04/24/01



                         PROCEEDINGS OF THE 
                          SANTA CRUZ COUNTY
                        BOARD OF SUPERVISORS

                       VOLUME 2001, NUMBER 11
                           APRIL 24, 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 
              No. 54.1

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

CONSENT AGENDA
WBPAC

          6.  APPROVED claims as submitted by the Auditor-Controller

          7.  DELETED ITEM

          8.  DELETED ITEM

          9.  SEE ITEM NO. 64.3, REGULAR AGENDA

         10.  ADOPTED revisions to the Santa Cruz County Energy
              Commission bylaws and adopted ORDINANCE NO. 4616
              amending Section 2.54 to the Santa Cruz County Code
              Relating to the Energy Commission 

         11.  REJECTED claim of Guy Grable, No. 001-055C and
              referred to County Counsel
           

         12.  REJECTED claim of Kathryn E. Shaw, No. 001-094,
              Amended, and referred to County Counsel

         13.  SEE ITEM NO. 64.4, REGULAR AGENDA

         14.  ACCEPTED AND FILED statement of count of money in
              treasury at December 18, 2000, as recommended by the
              Auditor-Controller

         15.  ACCEPTED AND FILED Comprehensive Annual Financial
              Report and Single Audit Report for the fiscal year
              ended June 30, 2000, as recommended by the Auditor-
              Controller

         16.  ADOPTED RESOLUTION NO. 127-2001 accepting and
              appropriating unanticipated revenue in the amount of
              $48,000; authorized the purchase of two mid-size
              station wagons at a total cost not-to-exceed $48,000
              for the Department of Child Support Services, as
              recommended by the Director of Child  Support Services

         17.  SCHEDULED a public hearing, pursuant to Section
              14.01.312 of the Santa Cruz County Code, on Tuesday
              May 8, 2001, on the afternoon agenda at 1:30 p.m.
              regarding the appeal filed by Richard Beale Land Use
              Planning, Incorporated, on behalf of Atherton Place
              Development LLC; with an additional direction to 
              change the time of public hearing to 7:30 p.m. instead
              of 1:30 p.m.

         18.  ACCEPTED AND FILED report on the completion of the
              Santa Cruz County Code Volume I and Volume II hard
              copy version and the on-line format for Internet
              access, as recommended by the Clerk of the Board and
              the County Administrative Officer

         19.  ACCEPTED AND FILED status report on Law Library
              financing issues and directed the County
              Administrative Officer to report back on May 8, 2001
              with a further report on financing issues and
              discussions between the Law Library and the Santa Cruz
              City/County Library system, as recommended by the
              County Administrative Officer

         20.  ADOPTED RESOLUTION NO. 128-2001 appropriating
              unanticipated revenue in the amount of $239,000 and
              approved an increase in the Rutan and Tucker contract
              amount for 2000-01 of $239,000, as recommended by the
              County Administrative Officer


         21.  DEFERRED consideration of policies requiring
              environmentally-certified wood in County contracting
              to return on or before June 12, 2001 with a report, as
              recommended by the County Administrative Officer

         22.  SEE ITEM NO. 64.1, REGULAR AGENDA

         23.  APPROVED Energy Assistance Programs Outreach Plan
              developed by the Human Resources Agency and Health
              Services Agency; and approved related actions,
              including a report back on or before the second
              meeting in August and at budget hearings 2001/2002, as
              recommended by the County Administrative Officer

         24.  APPROVED the addition of 2.0 Attorney I/II/III/IV
              positions in the Office of the County Counsel
              dedicated to Child Welfare Services, as recommended by
              the Human Resources Agency Administrator and County
              Counsel

         25.  DEFERRED consideration of all documents to effect the
              transfer of the County Service Area (CSA) 54 water
              system to Santa Cruz Mountains Summit West and
              directed County Counsel, the Auditor-Controller and
              the Public Works Department to return on or before May
              22, 2001 with the executed Memorandum of Transfer and
              related documents for consideration, as recommended by
              County Counsel

         26.  APPROVED the lease purchase of seven vehicles by the
              Fleet Services Division of General Services through
              the Cal Lease Public Funding Corporation and
              authorized the General Services Department to sign the
              contract documents, as recommended by the Director of
              General Services

         27.  ADOPTED RESOLUTION NO. 129-2001 accepting and
              appropriating $8,800 into the Plant Budget; authorized
              the transfers of appropriations in the amounts of
              $39,200 and $8,800; awarded contract to George H.
              Wilson, Incorporated in an amount not-to-exceed
              $47,317 for the 1080 Emeline pre-cooling project; and
              approved related actions, as recommended by the
              Director of General Services

         28.  ACCEPTED the Treasurer's Cash Report and the
              Investment Transaction Report for the month of March
              2001, as recommended by the Treasurer-Tax Collector

         29.  APPROVED and adopted the Santa Cruz County 2001
              Investment Policy, as recommended by the Treasurer-Tax
              Collector

         30.  DIRECTED the Chairman to write to Interior Secretary
              Norton indicating the Board's support for the
              California Coastal National Monument and directed the
              Chairman to write the four City Councils to urge them
              to similarly support the Monument, as recommended by
              Supervisor Wormhoudt  
           
         31.  ADOPTED RESOLUTION NO. 130-2001 indicating support for
              the actions taken by the Santa Cruz County Regional
              Transportation Commission to improve the Highway 1
              corridor, including expansion of lanes, as recommended
              by Supervisors Beautz and Campos

              wBPAC

         32.  APPROVED appointment of Giovanna Morelli to the
              Alcohol and Drug Abuse Commission for a term to expire
              April 1, 2005, as recommended by Supervisor Pirie

         33.  ACCEPTED nomination of Robert T. Phillips for
              appointment to the Long Term Care Interagency
              Commission, as an at-large representative over the age
              of 55, for a term to expire April 1, 2004, with final
              appointment to be made May 1, 2001, as recommended by
              Supervisor Wormhoudt

         34.  APPROVED appointment of Lynn Harrison to the Domestic
              Violence Commission as the representative of the
              Health Services Agency, effective May 1, 2001, as
              recommended by Chairman Campos

         35.  APPROVED appointment of Maria Isabel Vargas to the
              Domestic Violence Commission as a representative of
              Women's Crisis Support-Defensa de Mujeres, as
              recommended by Chairman Campos

         36.  ADOPTED RESOLUTION NO. 131-2001 supporting the passage
              of Senate Bill 1069, relative to plastics recycling
              and approved related actions, as recommended by
              Chairman Campos

         37.  ADOPTED RESOLUTION NO. 132-2001 supporting Senate Bill
              465 regarding the powers of the Santa Cruz County
              Regional Transportation Commission, and urging
              amendments to increase the size of the Commission by
              two additional seats and approved related actions, as
              recommended by Chairman Campos

         38.  ADOPTED RESOLUTION NO. 133-2001 urging passage of
              Senate Bill 691, regarding payment of public agency
              defense costs relative to mobile home rent
              stabilization ordinances, and approved related
              actions, as recommended by Chairman Campos

         38.1 ADOPTED RESOLUTION NO. 134-2001 supporting Worthy Wage
              Day, as recommended by Supervisor Pirie

         39.  ACCEPTED AND FILED report on emergency medical care
              services; adopted RESOLUTION NO. 135-2001 supporting
              Senate Bill 254 (Dunn), Assembly Bill 686
              (Hertzberg/Thomson), and Assembly Bill 687
              (Thomson/Hertzberg) related to the emergency care
              system, as recommended by the Health Services Agency
              Administrator

         40.  AUTHORIZED the Health Services Agency's Alcohol and
              Drug Program Administrator to sign the agreement
              reimbursing the County for staff assistance to develop
              Friday Night Live Partnership services, as recommended
              by the Health Services Agency Administrator

         41.  APPROVED amendment to contract with Janus of Santa
              Cruz to provide an additional $122,284 of funding for
              alcohol and drug treatment services for CalWORKS
              participants and Medi-Cal recipients, as recommended
              by the Health Services Agency Administrator

         42.  APPROVED application for continuation funding in the
              amount of $93,868 for the Housing Opportunities for
              People with AIDS (HOPWA) program; approved HIV
              Consortium agreements for HOPWA funded services,
              effective July 1, 2001 with the Santa Cruz AIDS
              Project in the amount of $76,297 and the Community
              Action Board in the amount of $11,000; and approved
              related actions, as recommended by the Health Services
              Agency Administrator



         43.  APPROVED contract with El Pajaro Community Development
              Corporation in the amount of $150,000 for a
              collaborative youth development 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

         44.  APPROVED final map of Tract 1423, Santos Subdivision;
              authorized the Director of Public Works to sign the
              Subdivision Agreement; and approved related action, as
              recommended by the Director of Public Works

         45.  APPROVED independent contractor agreement with James
              P. Allen and Associates effective July 1, 2000 for
              consulting and inspection services for the Pruning and
              Cabling Project for Monterey Cypress Trees in a not-
              to-exceed amount of $15,000; authorized the Director
              of Public Works to sign the agreement on behalf of the
              County; and approved payment of outstanding invoices
              in the amount of $8,770, as recommended by the
              Director of Public Works

         46.  ADOPTED RESOLUTION NO. 136-2001 for right-of-way
              acquisition for the Capitola Road Improvement project;
              made related findings; authorized the Director of
              Public Works to sign the contract; and approved
              payment of claim, as recommended by the Director of
              Public Works

         47.  DELETED ITEM 

         48.  ADOPTED RESOLUTION NO. 137-2001 for right-of-way
              acquisition for the Soquel Drive Bridge at Aptos Creek
              Seismic Retrofit project; authorized the Director of
              Public Works to sign the contracts on behalf of the
              County; and approved payment of claim, as recommended
              by the Director of Public Works

         49.  ADOPTED RESOLUTION NO. 138-2001 approving the filing
              of a grant application in the amount of $282,500 for
              the Pedestrian Safety Program funds for a pedestrian
              walkway along Sims Road from Graham Hill Road to Brook
              Knoll Drive, as recommended by the Director of Public
              Works

         50.  APPROVED final map of Tract 1427, The Grove;
              authorized the Director of Public Works to sign the
              Subdivision agreement; and directed Clerk of the Board
              to take related actions, as recommended by the
              Director of Public Works

         51.  ADOPTED RESOLUTION NO. 139-2001 approving and
              accepting the Grant Deed from the Redevelopment Agency
              of the County of Santa Cruz for the Capitola Road
              Improvement project; and made related findings, as
              recommended by the Director of Public Works

         52.  SEE ITEM NO. 64.2, REGULAR AGENDA

         53.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, APPROVED financing in the amount
              of $1,000 for acquisition of necessary right-of-way or
              easements for the Capitola Road Improvement project;
              approved dedication of Agency properties needed for
              construction; and approved related actions, as
              recommended by the Redevelopment Agency Administrator


         54.  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
              7944209
              Case Name/No.:County of Santa Cruz v. E.A. Hathaway
              and Company et al. Santa Cruz County Superior Court
              Case No. CV 138598
              LIABILITY CLAIMS
              Claimant(s):Anita Carrillo, Claim #900-147
              CONFERENCE WITH REAL PROPERTY NEGOTIATOR
              Property street address (APN if no street address):APN
              102-213-17
              Negotiating parties (not agents):Tom Burns
              CONFERENCE WITH LABOR NEGOTIATOR
              Agency negotiator:Personnel Director
              Employee organization:All 
              REPORT OF COUNTY COUNSEL- No report given

         54.1 APPROVED reappointment of Maria Castro to the Latino
              Affairs Commission, as the at-large representative of
              the City of Santa Cruz, for a term to expire April 1,
              2005, as recommended by Chairman Campos    

REGULAR AGENDA


         55.  Presentation made by the County Women's Commission
              regarding a Position Statement prepared by counselors
              of Cabrillo, Gavilan, Hartnell and Monterey Peninsula
              Community Colleges with regard to Welfare-to-Work;
              requested the Chair of the Board forward the
              recommendations from the Counselors Position
              Statement, and a letter to Governor Davis, Senator
              McPherson, Assemblymember Keeley and Assemblymember
              Simon Salinas and Congressional delegates indicating
              that the Board of Supervisors endorses the Counselors
              Position Statement and requesting that every effort be
              made to change the TANF rules to allow people to stay
              in school for education

              WABPC

         56.  Special presentation made

         57.  CONSIDERED adoption of resolution in support of
              Assembly Bill 1075 to provide safe staffing ratios for
              nursing homes, and endorsing the campaign to "Fix
              California Nursing Homes Now!";
        (1)   adopted RESOLUTION NO. 140-2001 Supporting the Passage
              of Assembly Bill 1075 to Provide Safe Staffing Ratios
              for Nursing Homes, and further Endorsing the Campaign
              to "Fix California Nursing Homes Now!";
        (2)   directed the Clerk of the Board to distribute the
              resolution as indicated;
        (3)   and directed the County Administrative Officer to
              place the Bill in the legislative tracking system

              BAPWC

         58.  Public hearing held to consider establishment of the
              annual parking maintenance and operating charges for
              the Soquel Village Parking and Business Improvement
              Area for the 2001-2002 fiscal year;
              closed public hearing; and adopted RESOLUTION NO. 141-
              2001 Establishing Annual Parking Operation and
              Maintenance Charges for the Soquel Village Parking and
              Business Improvement Area for Fiscal Year 2001-2002

              BWPAC

         59.  APPROVED appointment of Roger E. McKowan to the Long
              Term Care Interagency Commission, as an at-large
              representative in the category "Younger Functionally
              Impaired Adult Age 18-55, for a term to expire April
              1, 2002

              ABPWC 

         60.  APPROVED appointment of Tricia Pastor for
              reappointment to the Children and Youth Commission, as
              an at-large representative of Providers, for a term to
              expire April 1, 2005

              AWBPC

         61.  APPROVED reappointment of Angelee Dion and Celeste
              Graham to the Building Appeals Board, as at-large
              alternate representative, as outlined, for terms to
              expire April 1, 2005

              ABPWC

         62.  Presentation made recognizing volunteers with the
              Volunteer Initiative Program

         63.  RECEIVED bids regarding 1400 Emeline Emergency Power
              Upgrade Project and referred to the General Services
              Department to return on or before May 22, 2001 with a
              recommendation on awarding of the bid

              WBPAC  

         64.  RECEIVED bids regarding Seismic retrofit of the
              Swanton Road, Forest Hill Drive and East Zayante Road
              Bridges and referred to Public Works to return on or
              before May 22, 2001 with a recommendation on awarding
              of the bid

              WBPAC

         64.1 ACCEPTED AND FILED report on the efforts to reduce or
        (1)   eliminate MTBE in gasoline in Santa Cruz County;
        (2)   accepted and filed letters from the Hazardous
              Materials Advisory Commission and the Water Advisory
              Commission supporting the Board's efforts to reduce or
              eliminate MTBE in gasoline in Santa Cruz County;
        (3)   directed the County Administrative Office, in
              conjunction with General Services, Public Works, and
              Environmental Health to develop a survey to local
              gasoline stations requesting information on the
              availability of MTBE-free gasoline and to develop a
              public awareness program; 
        (4)   indicated Board's intent that the County will use
              MTBE-free gasoline for the County's fleet, directed
              General Services and Public Works to review the
              options for securing the best rate for the gasoline
              and report back to the Board at budget hearings on
              this matter;
        (5)   requested the Chair of the Board send a letter to
              other jurisdictions within the County and other
              counties within the State advising them of the
              County's actions to eliminate MTBE-oxygenated gasoline
              from use in the County fleet and encouraging them to
              adopt a similar policy; with an additional direction
              to include UCSC and large companies that have large
              vehicle fleets;
        (6)   requested the Chair of the Board to write to our
              federal legislators in support of California's request
              for a federal waiver to eliminate the requirement for
              the addition of oxygenates in all gasoline supplies in
              California; with an additional direction to also write
              to President Bush and the Federal Environmental
              Protection Agency
        (7)   directed the Planning Department to work with the
              Hazardous Materials Advisory Commission and the Water
              Advisory Commission regarding issues related to
              evaluation and clean-up of MTBE releases, aquifer and
              well-head protection programs, and the protection of
              recharge zones and production well areas and provide a
              follow-up report to the Board on or before August 21,
              2001; with an additional direction to include in the
              report back information on what steps are available to
              us to urge or require the cities and regulatory
              agencies to move more aggressively to enforce clean-
              ups; and
        (8)   with additional directions that a letter be sent to
              the suppliers and gas companies informing them of the
              Board's concerns on this issue and County Counsel
              report back on May 8, 2001 on whether the Board has
              the power to mandate some kind of consumer orientated
              label for application to gas pumps

              PBWAC

         64.2 APPROVED agreement with the City of Watsonville for
              lease of space in the County-owned Watsonville
              Veterans Memorial Building; authorized the Director of
              County Parks to sign the lease; and directed County
              Parks to return on or before June 26, 2001 with an
              amendment to the lease for additional space; with an
              additional direction that the lease be amended to
              reflect that the 5 year lease options will be on terms
              mutually agreeable to both parties

              PBWAC 

         64.3 CONTINUED TO MAY 22, 2001 consideration to adopt
              ordinance Repealing and Reenacting Chapter 9.54 to the
              Santa Cruz County Code Relating to Motorized Bicycles
              and Motorized Scooters; including a report on May 8,
              2001 in the closed litigation session

              AWBPC 

         64.4 APPROVED agreement with the California Department of
              Food and Agriculture in the amount of $11,328 for a
              Weed Management plan; authorized the Agricultural
              Commissioner to sign the agreement; adopted RESOLUTION
              NO. 142-2001 accepting and appropriating unanticipated
              revenue in the amount of $6,573 for 2000-01 expenses
              related to weed management activities, as recommended
              by the Agricultural Commissioner

              ABPWC






























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 May 8, 2001 
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