PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 98, NUMBER 1 JANUARY 13, 1998 ******************************************************************** ACTION SUMMARY MINUTES VOTING KEY: A = Almquist, B = Beautz, R = Belgard; 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. Supervisor Belgard absent 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 - Five people 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 SAB/R/W 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of December 9 and 16, 1997, as submitted by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received December 15, 1997 through January 9, 1998 and approved upon adoption of the 1997/98 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. ADOPTED ORDINANCE NO. 4484 adding Chapter 2.50 to the Santa Cruz County Code establishing the Ambulance Contract Compliance Commission 10. SEE ITEM NO. 71.2, REGULAR AGENDA 11. ADOPTED ORDINANCE NO. 4485 amending Chapter 2.119 to the Santa Cruz County Code relating to the County Treasury Oversight Commission 12. ADOPTED ORDINANCE NO. 4486 amending Section 2.70.050 to the Santa Cruz County Code relating to the powers and duties of the Parks and Recreation Commission 13. ADOPTED ORDINANCE NO. 4487 amending Section 2.02.060 of the County Code regarding Compensation of the Board of Supervisors sAB/R/W 14. ACCEPTED AND FILED Treasurer's Monthly Cash Report for period ending November 30, 1997, as recommended by the Treasurer-Tax Collector 15. ACCEPTED the Government Center Walkway and Curb Cut Improvements project as completed, approved the final cost of $18,978.04, authorized the Clerk of the Board to file the Notice of Completion, and approved related actions, as recommended by the Director of General Services 16. DENIED claim of Renee Janice Waldron No. 798-052 and referred to County Counsel 17. DENIED claim of Brent Byard No. 798-061A and referred to County Counsel 18. DENIED claim of Brent Byard No. 798-061B and referred to County Counsel 19. DENIED claim of Ron Fox No. 798-062 and referred to County Counsel 20. DENIED claim of John Taylor Hamre No. 798-064A and referred to County Counsel 21. DENIED application to file a late claim on behalf of John Taylor Hamre No. 798-064A and referred to County Counsel 22. DENIED claim of John Taylor Hamre No. 798-064B, amended, and referred to County Counsel 23. DENIED claim of Samuel Isaac Espinoza No. 798-066 and referred to County Counsel 24. APPROVED the 1998 loan agreement for State-County property tax administration program, as recommended by the County Assessor and County Administrative Officer 25. DIRECTED staff to implement the revised statutory and regulatory provisions for any relocation assistance and directed County Counsel to return on February 24, 1998 with revised written County and RDA guidelines for relocation payments, as recommended by County Counsel 26. ADOPTED RESOLUTION NO. 1-98 accepting unanticipated grant revenue in the amount of $30,000 from the State of California Department of Justice for automated reporting of arrests and criminal court dispositions and approved the acquisition of a tape drive, as recommended by the Information Services Director 27. APPROVED a contract with KPMG for an amount not to exceed $25,000 for consulting services on the FAMIS accounting system, as recommended by the Auditor- Controller 28. ADOPTED RESOLUTION NO. 2-98 providing for zero property tax exchange for LAFCO No. 847 (Bowker Reorganization to Freedom County Sanitation District), as recommended by the County Administrative Officer 29. ADOPTED RESOLUTION NO. 3-98 providing for zero property tax exchange for LAFCO No. 848 (Tan Heights Sphere of Influence and Annexation), as recommended by the County Administrative Officer 30. APPROVED amendment to contract with the Community Action Board for the Youth Community Service Program to include additional projects in the scope of work and increase contract with funds available as approved in the Probation Department's Temporary Assistance for Needy Families Services and Program Plans, as recommended by the Chief Probation Officer 31. DEFERRED report on distribution of Proposition 172 funds until January 27, 1998, as recommended by the Deputy Director of Emergency Services 32. ACCEPTED AND FILED annual report of the Arts Commission, and approved related actions, as recommended by Chair Wormhoudt 33. ACCEPTED AND FILED annual report of the Planning Commission, and approved related action, as recommended by Chair Wormhoudt 34. APPROVED appointment of Cori Houston to the Women's Commission for a term to expire April 1, 2001, as recommended by Supervisor Beautz 35. ACCEPTED nomination of Doris Burgers for reappointment as an at-large representative on the Housing Authority Board of Commissioners, in the category of "tenant representative over 62 years of age," for a term to expire January 27, 2000, with final appointment to be made January 27, 1998, as recommended by Supervisor Beautz 36. APPROVED appointment of Luisa Orlando to the Fire Department Advisory Commission, as the representative of the Fire Volunteer Association, as recommended by Chair Wormhoudt 37. ACCEPTED notification of two at-large vacancies on the Board of Law Library Trustees, with nominations for appointment to be received on January 27, 1998, and final appointments to be made on February 3, 1998, as recommended by Chair Wormhoudt 38. ACCEPTED notification of at-large vacancy on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on January 27, 1998, and final appointment to be made February 3, 1998, as recommended by Chair Wormhoudt 39. APPROVED appointment of Susan F. Martinez as the alternate to Supervisor Wormhoudt on the Board of Directors of the Community Action Board, as recommended by Supervisor Wormhoudt 40. APPROVED appointment of Gillian Dowling, MSW, to the Mental Health Advisory Board, in the category of consumer/direct, for a term to expire April 1, 1998, as recommended by Supervisor Beautz 41. DIRECTED the Clerk of the Board to post a notification of vacancy on the Monterey Bay Unified Air Pollution Control District Hearing Board, with nominations to be considered by the Board of Supervisors on or before February 10, 1998, as recommended by Chair Wormhoudt 42. SEE ITEM NO. 71.1, REGULAR AGENDA 43. APPROVED the deletion of a 0.5 Associate Personnel Analyst position and the addition of a 0.8 Personnel Clerk position, as recommended by the Personnel Director 44. ACCEPTED AND FILED report of the Environmental Health Appeals Commission, and approved related actions, as recommended by Chair Wormhoudt 45. DEFERRED TO JANUARY 27, 1998 consideration to approve contract with Motorola, Incorporated, in the amount of $681,223.57 for equipment and services associated with Phase 2 of the radio system infrastructure replacement upgrade and authorize General Services to sign the contract; approve purchase of associated system test and service equipment and an antenna combining system in the amount of $80,902; and approve associated financing plan for total project cost of $781,125.57, which includes $19,000 in installation charges 46. APPROVED contract in the amount of $21,500 with Energy Resource Associates for system design and bid specification development for weekend and off hours heating, ventilation and air conditioning service to the Sheriff's Office - Records area; and directed General Services to return on or before April 14, 1998 with further recommendations for project implementation, as recommended by the Director of General Services 47. ACCEPTED AND FILED report on mental health housing resources and directed County Mental Health to continue working with the Redevelopment Agency to develop final recommendations and return on February 24, 1998, as recommended by the Health Services Agency Administrator 48. APPROVED contract with Santa Cruz Transportation, Incorporated, for a contract amount not to exceed $10,000 for mental health transportation services, as recommended by the Health Services Agency Administrator 49. APPROVED grant related out-of-state travel for HIV Early Intervention Program Manager to attend regional meeting in Arizona on January 30, 1998, at an approximate cost of $500, as recommended by the Health Services Agency Administrator 50. 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 51. ACCEPTED AND FILED report on the Emergency Medical Services data consultant report, with additional directive 52. ADOPTED RESOLUTION NO. 4-98 accepting and appropriating $7,920 in unanticipated revenue for the tuberculosis control program and adopted RESOLUTION NO. 5-98 authorizing the Health Services Agency Administrator to take related actions, as recommended by the Health Services Agency Administrator 53. AUTHORIZED the Human Resources Agency Administrator to issue Requests for Proposals for the Family Resource Center Network Implementation Consultant and directed the Human Resources Agency Administrator to return on March 10, 1998 with contract recommendations, as recommended by the Human Resources Agency Administrator 54. DEFERRED report on Public Guardian probate conservatorship program staffing to January 27, 1998, as recommended by the Human Resources Agency Administrator 55. ADOPTED RESOLUTION NO. 6-98 establishing the County of Santa Cruz Winter Shelter Advisory Committee; approved amendment to the contract with the Santa Cruz Citizens Committee for the Homeless/Interfaith Satellite Shelter Program and authorized the Human Resources Agency Administrator to sign the amendment; and directed the Human Resources Agency Administrator to return on February 24, 1998, with nominations to the Winter Shelter Advisory Committee, as recommended by the Human Resources Agency Administrator 56. ADOPTED RESOLUTION NO. 7-98 accepting and appropriating unanticipated revenue in the amount of $72,877 for training services for Job Training Partnership Act participants; and approved transfer of funds in the amount of $303,733 in existing appropriations, as recommended by the Human Resources Agency Administrator 57. APPROVED amendment to the agreement with Karin Grobe for the study of food waste diversion and amendment to the agreement with Ecology Action of Santa Cruz for the Household EcoTeam Project to extend the term of each agreement; and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works 58. ACCEPTED improvements and approved final cost for the Rio Del Mar Boulevard/Highway 1 Interchange Signalization Project; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 59. DIRECTED Public Works to report back on or before March 17, 1998 on the outcome of its efforts with the Federal Emergency Management Agency regarding Highland Way Earthquake and Storm Damages Road Repair status of appeals, as recommended by the Director of Public Works 60. ACCEPTED improvements and approved the final cost for the Bean Creek Road and Miller Cutoff Storm Damage Repair; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 61. APPROVED independent contractor agreement with Buckland and Taylor, LTD. for engineering design services related to seismic retrofitting of seven bridges, for a not-to-exceed cost of $552,387.78; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 62. APPROVED a gross pay adjustment for one employee in Public Works due to an administrative error and approved related actions, as recommended by the Director of Public Works and the Personnel Director 63. DELETED ITEM 64. ADOPTED RESOLUTION NO. 8-98 accepting and appropriating unanticipated revenue in the amount of $25,000 in Assembly Bill 2766 grant funds from the Monterey Bay Unified Air Pollution Control District for the development of remote access applications for over the counter building permits and approved related actions, as recommended by the Planning Director 65. AUTHORIZED County Collections to include the Parks and Recreation Department collection requests as part of the central collections, as recommended by the Director of Parks, Open Space and Cultural Services 66. APPROVED fixed asset expenditure in the amount of $5,000 for the purchase of a mower trailer, as recommended by the Director of Parks, Open Space and Cultural Services 67. SEE ITEM NO. 74.1, REGULAR AGENDA 68. ACCEPTED AND FILED report on the audit of the Electronic Mapping Information System (EMIS), as recommended by the Interim Planning Director 69. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED AND FILED 1998 Annual Continuing Rental Agreement List, as recommended by the Redevelopment Agency Administrator 70. 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.: M & G Construction v. Freedom County Sanitation District; County of Santa Cruz (Santa Cruz Municipal Court Case No. 961407); CAT Partnership, et al. v. County of Santa Cruz (Santa Cruz Superior Court Case No. 131333; Tele-Communications, Incorporated, v. County of Santa Cruz (Santa Cruz Superior Court Case No. 132036); Group W Cable, Inc., v. City of Santa Cruz and County of Santa Cruz (U. S. District Court No. C-84-7546) 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 two potential cases CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street address: 117 Coral Street, Santa Cruz Negotiating parties: County of Santa Cruz and Pacific Bell Under negotiation: Price and terms of payment. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS: Position title: County Administrative Officer and County Counsel CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Personnel Director Various Employee Organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors authorized the County of Santa Cruz to join the amicus brief with the City and County of San Francisco in support of the City of Monterey in the case of Del Monte Dunes v. City of Monterey pending in the United States Supreme Court; and approved initiation of litigation regarding approval of Timber Harvest Plan 1-97-103 (Malosky Creek) by the State Board of Forestry (SW/R/AB) 70.1 APPROVED abatement of General Fund property tax revenue to Silicon Systems, Incorporated, in the amount of $60,425; and directed the County Administrative Officer to return on or before February 24, 1998 with related actions, as recommended by the Auditor-Controller REGULAR AGENDA 71. CONSIDERED nomination of Supervisor Jan Beautz for Chair of the Board of Supervisors and Supervisor Ray Belgard as Vice Chair for calendar year 1998; approved recommendation of Supervisor Wormhoudt and selected Supervisor Beautz as Chair and Supervisor Belgard as Vice Chair SAB/R/W 71.1 DIRECTED the County Administrative Officer and County Counsel to prepare a report regarding the implications of the Court of Appeal's decision relating to utility tax and report back no later than January 27, 1998, as recommended by Supervisor Symons SBW/R/A 71.2 ADOPTED ORDINANCE NO. 4488, as amended, adding Chapter 8.02, and amending Sections 8.18.020, 8.18.030, 10.04.020, and 10.04.160 of the Santa Cruz County Code relating to alcoholic beverage drinking restrictions WAS/R/B (with Supervisor Beautz voting "no" on Section 8.02.020 D.2.) 72. CONSIDERED the study "Shelter Availability in Santa Cruz County, 1997," by the Shelter Project of the Community Action Board; accepted the study and referred it to the County Administrative Officer and to the Human Resources Agency Administrator for their information and appropriate action WS/R/AB 72.1 CONSIDERED report on Landfill Gas Power Projects; approve agreement with Brown, Vence and Associates for completing Phase 1 development of the Buena Vista Landfill Gas Power Project for a not-to-exceed cost of $99,970; and related actions; authorized the Director of Public Works to submit a grant application to the Western Regional Biomass Energy Program for matching funds to complete Phase 1 development of the Buena Vista Landfill Gas Power Project; approved an agreement with Brown, Vence and Associates for completing Phase 1 development in a not-to-exceed amount of $99,970 and authorized the Director of Public Works to sign the agreement on behalf of the County; and directed Public Works to return after completion of the California Energy Commission Renewable Energy Credits bid process tentatively scheduled for late March 1998 with a progress report on the landfill gas power project development WAS/R/B 73. CONSIDERED adoption of proposed ordinance amending County Auditor qualifications (Chapter 2.10 of the Santa Cruz County Code) based on statutory amendments contained in Senate Bill 210 regarding enhanced qualifications and continuing education requirements; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return January 27, 1998 for final adoption (1) WAS/R/B (2) WS/R/AB 74. CONSIDERED adoption of an ordinance amending Sections 18.10.330 and 18.10.340 of the Santa Cruz County Code relating to appeal periods; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return for final adoption after review by the Planning Commission (1) WS/R/AB (2) SAW/R/B 74.1 ADOPTED final Santa Cruz County Public Art and Design Guidelines, as amended, with additional directive WS/R/AB 75. Jurisdictional hearing held to consider appeal by the Soquel Creek Water District regarding the Planning Commission's decision on Application No. 97-0079, proposal to remove an existing 300,000 gallon water tank, and to build a new 500,000 gallon water tank on a graded pad supported by a 120 foot high retaining wall, associated pressure tank, concrete pad and equipment building, fencing and to grade approximately 713 cubic yards of earth. Property located on the southeast side of Vista Del Mar, approximately 1/4 mile southeast of the intersection with Alta Drive; APN: 044-231-02, 27, 38, 40; approved recommendation of the Interim Planning Director to not take jurisdiction of this appeal to the Conditions of Approval for Coastal Development Permit #97-0079, based on the fact that the appellant has not established sufficient grounds for the Board to take jurisdiction for further review WAS/R/B 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 January 27, 1998