PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 2000, Number 10 April 11, 2000 ******************************************************************** ACTION SUMMARY MINUTES VOTING KEY: A = Almquist, B = Beautz, C = Campos, S = Symons, 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 4. ORAL COMMUNICATIONS - Three persons addressed the Board (An Oral Communications sign-in sheet will be filed with Written Correspondence for the Board's next meeting.) 5. Additions and Deletions to Regular Agenda CONSENT AGENDA BSCAW 6. APPROVED claims as submitted by the Auditor-Controller 7. DELETED ITEM 8. DELETED ITEM 9. ADOPTED RESOLUTION NO. 99-2000 accepting and appropriating unanticipated revenue in the amount of $50,000 for the heating, ventilation and air conditioning related projects at 1080 Emeline; approved independent contractor agreement with Salas O'Brien Engineers, Incorporated, for engineering services and project support for a not-to-exceed amount of $10,780; and authorized the Director of General Services to sign the agreement, as recommended by the Director of General Services 10. AUTHORIZED the Sheriff-Coroner to enter into and implement a permittee agreement between the Watsonville Fly-In and Air Show and the Santa Cruz County Sheriff's Office, permitting the Sheriff's Office to staff a booth at the Annual Watsonville Fly- In and Air Show, as recommended by the Sheriff-Coroner 11. ADOPTED RESOLUTION NO. 100-2000 determining the Disability Retirement status of Donald Deitrich, a safety employee, as recommended by the Personnel Director 12. ADOPTED RESOLUTION NO. 101-2000 determining the Disability Retirement status of Rachelle Salinas Ortiz, a safety employee, as recommended by the Personnel Director 13. ACCEPTED the Statement of Vote for the March 7, 2000 Presidential Primary Election, as recommended by the County Clerk-Recorder 14. ACCEPTED AND FILED report of transfer of $61,763.33 to the Tax Loss Reserve Fund, as recommended by the Auditor-Controller 15. ACCEPTED nomination of Donald Curtis Hopper as an at- large appointee to the Children's Commission, in the category of "under age 18," for a term to expire April 1, 2003, with final appointment to be made April 25, 2000, as recommended by Supervisor Wormhoudt 16. APPROVED appointment of Jo Ann Allen as the representative of the County Superintendent of Schools on the Domestic Violence Commission, as recommended by Chair Wormhoudt 17. SEE ITEM NO. 55.3, REGULAR AGENDA 18. APPROVED AND FILED report on the local emergency management plan development; and directed the General Services Department - Emergency Services Division to return on or before August 1, 2000 with the recommended plan document, as recommended by the Director of General Services 19. AUTHORIZED expenditure of $7,500 to Emergency Training Services for paramedic training for the EMS Manager; approved the transfer of funds in the amount of $7,500; and authorized the Health Services Agency Administrator to sign the training agreement with the EMS Manager, as recommended by the Health Services Agency Administrator 20. AUTHORIZED fixed asset purchases in the amount of $72,135 to address office and equipment needs and approved realignment of budgeted appropriations in the amount of $269,635, as recommended by the Health Services Agency Administrator 21. DEFERRED TO APRIL 25, 2000 consideration to approve transfer of funds in the amount of $50,000 from Services and Supplies to Fixed Assets to cover cost of heating, ventilation and air conditioning system in the 1080 Emeline Avenue building 22. AUTHORIZED the creation of a 1.0 full-time equivalent Mental Health Client Specialist position for the grant funded HIV Drop In Center in Watsonville and approved related actions, as recommended by the Health Services Agency Administrator 23. ADOPTED RESOLUTION NO. 102-2000 in support of Senate Bill 1764 (Chesbro) relating to coverage for treatment of alcohol and drug abuse or dependency, as recommended by the Health Services Agency Administrator 24. SEE ITEM NO. 55.1, REGULAR AGENDA 25. DEFERRED the Health Services Agency report on Certification of Medi-Cal Providers to May 2, 2000, as recommended by the Health Services Agency Administrator 26. AUTHORIZED Environmental Health to charge $.0425/gallon for septage disposal at Santa Cruz City Wastewater Treatment Plant, as recommended by the Health Services Agency Administrator 27. 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 28. DEFERRED reports on financial risk sharing and septic system disclosure; directed Health Services Agency and Environmental Health to provide the reports in conjunction with a report on implementation of the Environmental Health Task Force recommendations on May 9, 2000, as recommended by the Health Services Agency Administrator 29. ACCEPTED AND FILED update on Workforce Investment Act Youth Services and Initiatives; and accepted and filed the letter from the Workforce Investment Board Chairperson to Senator Diane Einstein supporting Emergency Supplemental Funding for Youth Services, as recommended by the Human Resources Agency Administrator 30. ADOPTED RESOLUTION NO. 103-2000 accepting and appropriating $100,000 in unanticipated revenue from a Job Access/Reverse Commute grant; ADOPTED RESOLUTION NO. 103A-2000 authorizing the Human Resources Agency Administrator to execute and file an application for Federal assistance on behalf of the Human Resources Agency of Santa Cruz County with the Federal Transit Administration and approved related actions, as recommended by the Human Resources Agency Administrator 31. AUTHORIZED the Human Resources Agency Administrator to issue Requests for Proposals for the Child Abuse Prevention, Intervention and Treatment Program and the Title IV-E Child Welfare Services Program, and to return to the Board on June 13, 2000 with recommendations for the award of contracts, as recommended by the Human Resources Agency Administrator 32. APPROVED agreement with the County Department of Education/Child Development Resource Center in the amount of $19,373 and authorized the Human Resources Agency Administrator to sign the agreement, as recommended by the Human Resources Agency Administrator 33. APPROVED gross pay adjustment in the amount of 426.74; reset employee's hours to include the 160 hours worked from January 22, 2000 through February 18, 2000, as recommended by the Human Resources Agency Administrator 34. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED transfer of funds in the amount of $24,000 from the Davenport Water Structures and Improvement account and in the amount of $24,000 from the Davenport Sewer Structures and Improvement account to Maintenance and Operations, as recommended by the Director of Public Works 35. AUTHORIZED the Director of Public Works to make a partial release of the Faithful Performance Security submitted for Tract 1304, Seascape Uplands, Phase III in the amount of $252,100, as recommended by the Director of Public Works 36. APPROVED road closures and event for the San Lorenzo Valley Chamber of Commerce Chili Cook-Off scheduled for April 15, 2000 and directed the Public Works Department to issue a road closure permit, as recommended by the Director of Public Works 37. ADOPTED RESOLUTION NO. 104-2000 in support of the "Felton Remembers Parade" for May 27, 2000 at 10:00 a.m., and approved related actions, as recommended by the Director of Public Works 38. ACCEPTED the improvement and approved final cost for the Teilh Drive Bridge Replacement; directed the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 39. SEE ITEM NO. 55.2, REGULAR AGENDA 40. APPROVED a grant agreement with the California Department of Fish and Game for the Road-Related Erosion Prevention Planning Project in the amount of $51,008; adopted RESOLUTION NO. 105-2000 accepting unanticipated revenue in the amount of $51,008 from the California Department of Fish and Game; and authorized the Director of Public Works to sign the grant agreement, as recommended by the Director of Public Works 41. APPROVED contribution in the not-to-exceed amount of $3,500 toward the Central Coast Recycling Media Coalition in solid waste public eduction funds for regional public education in fiscal year 1999/00, as recommended by the Director of Public Works 42. ACCEPTED AND FILED report on the Buena Vista Landfill Gas Power Project; and directed Public Works to return on or before June 13, 2000 with a further status report, as recommended by the Director of Public Works 43. APPROVED recommendations related to the California State Fair display for Santa Cruz County; and directed the Parks Director to report back with the contract for approval on or before May 9, 2000, as recommended by the Director of Parks, Open Space and Cultural Services 44. ACCEPTED the Quail Hollow Ranch Roofing Project as completed; approved final cost of the project in the amount of $25,226; and authorized the Clerk of the Board to file the Notice of Completion, as recommended by the Director of Parks, Open Space and Cultural Services 45. CONTINUED TO APRIL 25, 2000 consideration to adopt resolution accepting the offers of dedication in order to be eligible to receive a grant for construction along East Cliff Drive; and direct the Clerk of the Board to take related actions 46. APPROVED allocation of an additional $5,167 out of the Off Road Vehicle Fund for the Polo Grounds Great Meadow Restoration Project; approved agreement with Community Action Board of Santa Cruz County, Incorporated, Natural Resources and Employment Program; and authorized the Director of Parks to sign the agreement and change orders, as recommended by the Director of Parks, Open Space and Cultural Services 47. ADOPTED RESOLUTION NO. 106-2000 concurring with the Redevelopment Agency's acquisition of APN: 026-261-13, property located on 7th Avenue and Brommer Street in Live Oak, as recommended by the Redevelopment Agency Administrator 48. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 107-2000 accepting unanticipated revenue totaling $840,000; ADOPTED RESOLUTION NO. 108-2000 for the acquisition of APN: 026-261-13, property located on 7th Avenue and Brommer Street in Live Oak; approved Notice of Determination for the purchase of APN: 026-261-13 and directed Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator 49. 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.: Buena Vista Community Association v. County of Santa Cruz (Court of Appeal No. H021206) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for two potential cases. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Position title/description: County Counsel CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director All Employee Organizations REPORT OF COUNTY COUNSEL - the Board of Supervisors authorized the filing of an amicus brief in the case of EPIC, et al v. California Department of Forestry, et al (United States District Court No. C00-0713) (BSCAW) 49.1 APPROVED submission of concept paper to the Department of Health and Human Services for a demonstration grant to address issues related to domestic violence and child maltreatment; authorized the Chairperson to sign a letter of support for inclusion with concept paper, as recommended by the Human Resources Agency Administrator 49.2 ACCEPTED nomination of Anita Henri as an at-large appointee to the Domestic Violence Commission, as a representative in the category of "survivor of domestic violence," with final appointment to be made April 25, 2000, as recommended by Supervisor Beautz REGULAR AGENDA 50. APPROVED at-large appointments of Luanne Caffee and Janet Heien to the Private Industry Council (which has also been designated as the Interim Workforce Investment Board), as representatives of Industry, for terms to expire June 30, 2000 SBCAW 51. APPROVED at-large reappointments of Cecilia Espinola, Rama Khalsa and Maria Castro to the Children and Families Commission, in the categories indicated, for terms to expire April 1, 2001 ACBSW 52. Jurisdictional hearing held to consider the Planning Commission's decision to deny Application No. 97-0352, a proposal to construct a two story single-family dwelling with attached carport on Assessor's Parcel Number 041-181-20; requiring a Riparian Exception and Variances to reduce the required 20 foot front yard setback to about 3 feet from the edge of the right-of- way and a required 8 foot side yard setback to about 5 feet. The property is located on the north side of Polo Avenue approximately 50 feet west of the intersection of North and South Drives, Aptos. Application No.: 97-0352; APN: 041-181-20; Appellant: Richard Klein; Owner: Namvar and Shirin Dinyari; (1) motion made to take jurisdiction of appeal of Application No. 97-0352; motion failed (2) motion made that a new application be submitted with all appropriate material, but that it go directly to the Planning Commission and skip the Zoning Administrator (1) SCbaw (motion failed 3 to 2) (2) SBCAW 53. REJECTED bids regarding kitchen flooring at the Watsonville Detention Facility and referred matter to the Director of General Services to return on or before May 2, 2000 with a negotiated agreement SBCAW 54. CONSIDERED Progress Report on Water Resources Management and take related action: accepted and filed report on Water Resources Management; directed staff to schedule the draft Ordinance Requiring Installation And Use Of Metering Equipment On Groundwater Extraction Facilities In Critical Areas for consideration by the Environmental Review Committee; directed staff to prepare a report and recommendations for Board consideration, that addresses both the merits of metering existing wells in critical areas and of metering surface water diversions; authorized the Planning Director to pay the County's share of $10,000 as a contribution towards legal and consulting services in the creation of a Replenishment District in the Santa Margarita Groundwater Basin, contingent upon commitments by the other participating jurisdictions; directed staff to report back on Water Resources Management on or before November 14, 2000 with an additional direction that when staff reports back on the proposed conservation measures that it include the report back on the proposal to adopt a County Wide Conservation Program and the merits of feasibility of doing that; and have staff of the Water Advisory Commission to work with the City of Santa Cruz to develop a coordinated approach with the City to include water conservation plans in the unincorporated areas served by the City's water system ABSCW 55. CONSIDERED adoption of an ordinance amending Chapter 9.28 relating to stop intersections by adding a stop intersection on Byer Court at Byer Road; consider site improvements as complete on Byer Road and Byer Court, Tract 1410, Alexandria Gardens, adopted resolution accepting Byer Road and Byer Court into the County maintained system and related actions; (1) accepted the site improvements as complete in accordance with previously approved plans; adopted RESOLUTION NO. 109-2000 accepting Byer Road and Byer Court into the County maintained system; directed the Clerk of the Board to release the Faithful Performance and Inspection Securities and retain sufficient funds from the Faithful Performance Security to provide for the Guarantee, Warranty and Maintenance of Work Security; and if, at the end of three months, a search of the records by the Auditor-Controller's Office reveals no posted liens against the project, authorized the Clerk of the Board to release the Labor and Materials Security. The Guarantee, Warranty, and Maintenance of Work will be released at the end of twelve months provided there are no problems with the improvements; (2) read title and waived detailed reading of complete ordinance; and approved ordinance "in concept" to return on April 25, 2000 for final adoption (1) BCSAW (2) BASCW 55.1 DIRECTED Environmental Health Services and the Planning Department Staff to evaluate the comprehensive pollution control plan under development by Santa Cruz Biotechnology and develop recommendations for your consideration on May 23, 2000; directed Planning and Environmental Health staff to initiate cost recovery through the master plan permit fees for Environmental Health activities relative to water quality evaluation and protection; requested the Planning Commission to exercise its discretion pursuant to County Code section 18.10.124(b) to refer pending Coastal Development Application 99-0419 to the Board for consideration; and scheduled public a hearing for Tuesday, May 23, 2000 agenda to consider Application 99-0419, along with any additional measures which may be appropriate for inclusion in this permit, based on staff's evaluation of the comprehensive pollution control plan; with an additional direction that the Board be given a complete cost accounting on May 23, 2000 of the amounts in arrears on the part of Santa Cruz Biotechnology BASCW 55.2 APPROVED final map of Tract 1328, Capitola Gardens; authorized the Director of Public Works to sign the Subdivision Agreement, as amended, on behalf of the County; and approved related actions BASCW 55.3 DIRECTED the County Administrative Officer to provide a report and recommendation to the Board, on or before May 2, 2000, in response to the request of the Law Library for financial assistance in the current fiscal year, and further directed the County Administrative Office to provide a report at budget hearings as to the County's ability to provide ongoing funding to the Law Library in fiscal year 2000/01 and beyond, as recommended by Chair Wormhoudt ABSCW 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 April 25, 2000