PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 98, NUMBER 29 NOVEMBER 10, 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. 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 - Two 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 WSRAB 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of October 20 and October 27, 1998, as recommended by the Clerk of the Board 8. DELETED ITEM 9. ADOPTED ORDINANCE NO. 4519 adding Chapter 7.90 to the Santa Cruz County Code relating to the Regulation of Tobacco Advertising and Self-Service Sale of tobacco products and amending Section 5.50.180 of the County Code relating to the Prohibition of Tobacco Advertising Placed on Taxicabs 10. ADOPTED ORDINANCE NO. 4520 amending Chapter 9 of the Santa Cruz County Code Relating to Stop Intersections 11. ADOPTED ORDINANCE NO. 4521 amending Chapter 7.100 (Hazardous Materials/Hazardous Waste/Underground Storage Tanks) of the Santa Cruz County Code 12. ACCEPTED Treasurer's monthly cash report for period ending September 30, 1998, as recommended by the County Treasurer 13. DENIED claim of Eric Diesel No. 899-046 and referred to County Counsel 14. DENIED claim of Rhodes and Kesling No. 899-047 and referred to County Counsel 15. DENIED claim of Ken Ward No. 899-049 and referred to County Counsel 16. DENIED application to file a late claim on behalf of William T. Lawrence No. 899-051 and referred to County Counsel 17. DENIED claim of Rena Pickens No. 899-058 and referred to County Counsel 18. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DENIED claim of Rhodes and Kesling No. 899-047 and referred to County Counsel 19. ACCEPTED AND FILED status report on the Golden Torch Trailer Park, with an additional directive 20. DECLARED items to be surplus to County needs and directed the Director of General Services (Purchasing Agent) to arrange for their disposition, as recommended by the Director of General Services 21. AUTHORIZED transfer of funds from County Fire reserves for payment of prior year hazardous materials incident response, as recommended by the Director of General Services 22. APPROVED plans and specifications for installation of a Kitchen Grease Interceptor at 126 Front Street; directed the General Services Department to advertise for bids; set bid opening for Tuesday, December 8, 1998 at 10:45 a.m., and approved related actions, as recommended by the Director of General Services 23. APPROVED lease extension between the Sheriff's Aptos Community Service Center and the Rancho Del Mar Shopping Center from October 1, 1998 through September 30, 1999; and authorized the Sheriff-Coroner to sign the lease extension agreement, as recommended by the Sheriff-Coroner 24. ACCEPTED nomination of John Petersdorf as an at-large appointee to the Santa Cruz-Monterey County Managed Medical Care Commission, as the hospital representative, with final appointment to be made November 24, 1998, as recommended by Supervisor Symons 25. ACCEPTED nomination of Kathleen H. Morkert as an at- large appointee to the Santa Cruz-Monterey County Managed Medical Care Commission, in the category of representative of a non-governmental community clinic, with final appointment to be made November 24, 1998, as recommended by Supervisor Wormhoudt 26. ACCEPTED nomination of Frank William Capurro as the County's appointee to the Pajaro Valley Water Management Agency Board of Directors, for a two year term, with final appointment to be made November 24, 1998, as recommended by Supervisor Belgard; and accepted nomination of Baldemar Mendoza as the County's appointee to the Pajaro Valley Water Management Agency Board of Directors, for a two year term, with final appointment to be made November 24, 1998, as recommended by Supervisor Wormhoudt 27. ACCEPTED nomination of Alvin Karp as an at-large appointee to the Santa Cruz-Monterey County Managed Medical Care Commission, representing the population of beneficiaries to be served by the Commission, with final appointment to be made November 24, 1998, as recommended by Supervisor Beautz 28. APPROVED appointment of Michael Dever to the Disaster Council, as the representative of the County Planning Director, as recommended by Chairperson Beautz 29. APPROVED appointment of Susann Rogberg as the representative of the Public Works Department to the Fire Department Advisory Commission, as recommended by Chairperson Beautz 30. ACCEPTED notification of at-large vacancies on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations to be received on November 24, 1998, and final appointments to be made on December 8, 1998, as recommended by Chairperson Beautz 31. DEFERRED TO NOVEMBER 24, 1998 consideration to approve the process outlined by the Domestic Violence Commission to solicit, accept and disburse donations for the purposes of public education activities relative to the prevention of domestic violence 32. DIRECTED the Chairperson to write to the Navigation Safety Advisory Council urging the full implementation of measures contained in the Vessel Management Workbook to ensure safe, effective, and environmentally sound vessel traffic management and crude oil transport, while protecting the economic viability of the region's critical maritime commerce, as recommended by Chairperson Beautz 33. DEFERRED report on space issues for the District Attorney's Office to January 26, 1999, as recommended by the County Administrative Officer 34. APPROVED contract with Leslie Stone Associates for services related to the Sanctuary Trail project in the amount of $30,000; and authorized the County Administrative Officer to sign the contract, as recommended by the County Administrative Officer 35. APPROVED appointment of Judge Sam Stevens and Judge Michael Barton to the Domestic Violence Commission, as recommended by Chairperson Beautz 36. ACCEPTED nomination of Michael Molesky as an at-large appointee to the Santa Cruz-Monterey County Managed Medical Care Commission, as a representative of the population of beneficiaries to be served by the Commission who is a past or present MediCal beneficiary, with final appointment to be made November 24, 1998, as recommended by Supervisor Beautz 37. AWARDED contract for carpet replacement at various County facilities to Floors and More in the amount of $22,750, and approved related actions, as recommended by the Director of General Services 38. DEFERRED report on parking management at the County Government Center until November 24, 1998, as recommended by the Director of General Services 38.1 ACCEPTED nominations of Arthur S. Dover, M.D., and Christine Griger, M.D., as at-large appointees to the Santa Cruz-Monterey County Managed Medical Care Commission, as representatives in the category of "providers," with final appointment to be made November 24, 1998, as recommended by Supervisor Belgard 39. APPROVED agreements with Pajaro Valley Unified School District and with Valley Resource Center to provide for federal reimbursements for Medi-Cal Administrative activities; and authorized the Health Services Agency Administrator to sign agreement, as recommended by the Health Services Agency Administrator 40. SEE ITEM NO. 75.2, REGULAR AGENDA 41. ACCEPTED AND FILED report on hospital issues regarding the ambulance contract; and deferred consideration of the report regarding fire services integration into the EMS system to January 12, 1999, as recommended by the Health Services Agency Administrator 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. SEE ITEM NO. 75.1, REGULAR AGENDA 44. ADOPTED RESOLUTION NO. 426-98 accepting and appropriating unanticipated revenue in the amount of $91,245 in State revenue for AIDS Neighborhood Intervention High-risk Testing program; authorized Health Services Agency to sign amendment to the AIDS Master Grant Agreement and related amendment; and approved related actions, as recommended by the Health Services Agency Administrator 45. ACCEPTED AND FILED report on a possible community sewage disposal project for the Greater Pasatiempo area; and directed Public Works and Environmental Health to provide a further status report not later than January 26, 1999, as recommended by the Health Services Agency Administrator and the Director of Public Works 46. ACCEPTED AND FILED report on Summer Lunch expansion efforts, as recommended by the Human Resources Agency Administrator 47. ADOPTED RESOLUTION NO. 427-98 accepting and appropriating unanticipated revenue in the amount of $505,996 for the 1998 Storm Disaster Assistance Program, as recommended by the Human Resources Agency Administrator 48. APPROVED an amendment to the County's contract with Food and Nutrition Services/Adelante for fiscal year 1998/99 to allow Medi-Cal Administrative Activities claiming; and authorized the Human Resources Agency Administrator to sign the amendments, as recommended by the Human Resources Agency Administrator 49. ADOPTED RESOLUTION NO. 428-98 accepting and appropriating unanticipated revenue in the amount of $157,740 from the Packard Foundation for the Health Care Outreach Project; authorized the Human Resources Agency to negotiate subcontracts with the collaborative members identified in the grant; and directed the Human Resources Agency to return for contract approvals and any further recommendations prior to January 1, 1999, as recommended by the Human Resources Agency Administrator 50. DEFERRED report on the negotiations with the City of Santa Cruz regarding the Louden Nelson Community Center until December 15, 1998, as recommended by the Director of Parks, Open Space and Cultural Services 51. APPROVED contract amendment with First Alarm Security and Patrol for security services at the Simpkins Family Swim Center in the amount of $198 per month; authorized the Director of County Parks to sign the contract on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services 52. APPROVED transfer of funds in the amount of $10,074 from the Aptos Park Dedication District to the Shore Trail Project contingency; authorized the Director of County Parks to approve change orders to the Shore Trail Project, and for erosion control repairs at the Dolphin/Sumner Trail, in an amount not-to-exceed $26,074, as recommended by the Director of Parks, Open Space and Cultural Services 53. APPROVED expenditure of an additional $16,214 for the Valencia Hall Renovation Project; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services 54. DEFERRED consideration of Landslide Hazard Mitigation Program status report to November 24, 1998, as recommended by the Planning Director 55. SCHEDULED public hearing for December 8, 1998 on the afternoon agenda beginning at 1:30 p.m. to consider Application No. 98-0227, a proposal to rezone APN 086- 041-46 from the Residential Agriculture (RA) zone district to the Timber Production (TP) zone district. Requires a Rezoning. The property is located on the south side of Foxglove Lane (1425 Foxglove Lane) about 1-1/4 miles west of the intersection of Foxglove Lane and China Grade Road, as recommended by the Planning Director 56. SCHEDULED a public hearing for December 8, 1998 on the afternoon agenda beginning at 1:30 p.m. to consider a request by Coast Dairies and Land Company to enter various parcels into Agricultural Preserve contracts under the Williamson Act, as recommended by the Planning Director 57. ACCEPTED AND FILED report on Greenwaste Diversion Programs in Santa Cruz County, as recommended by the Director of Public Works 58. ACCEPTED AND FILED report on Burrell Creek Culvert Replacement at Highland Way, as recommended by the Director of Public Works 59. ACCEPTED interim report on the Emergency Watershed Protection Program and directed Public Works to return in January 1999 with a final report on the local funding share, as recommended by the Director of Public Works 60. APPROVED agreement with the Salvation Army for providing public drop-off salvage services at the County solid waster facilities; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works 61. DELETED ITEM 62. APPROVED purchase of tractor in the amount of $3,850, as recommended by the Director of Public Works 63. ACCEPTED improvements and approved the final cost of the Corralitos Road and Varni Road Intersection Improvement Project; directed the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 64. ACCEPTED improvements and approved the final cost for Eureka Canyon Road and Vista Del Mar Drive; directed the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 65. ACCEPTED low bid of Reber Construction in the amount of $277,570 for the Browns Valley Road Storm Damage Repair; authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 66. ADOPTED RESOLUTION NO. 429-98 amending Resolution No. 396-97 authorizing program supplement (Bridge Seismic Retrofit Program) agreement between the State of California and the County of Santa Cruz; adopted RESOLUTION NO. 430-98 amending Resolution No. 373-98 authorizing program supplement (Emergency El Ni¤o Storm Relief) agreement between the State of California and the County of Santa Cruz; and approved related actions, as recommended by the Director of Public Works 67. ADOPTED RESOLUTION NO. 431-98 for right-of-way acquisition at Valencia Road Slope Replacement Project; and approved related actions, as recommended by the Director of Public Works 68. 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.: State Farm/Aberham v. County of Santa Cruz (Superior Court Case No. M598-1326); Bazar v. County of Santa Cruz (Santa Cruz Superior Court Case No. 134334) 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. Report of County Counsel - The Board approved settlement in the case of State Farm/Aberham v. County of Santa Cruz (Santa Cruz Superior Court Case No. M598-1326) involving a payment by the County in the amount of $8,160 (SWRAB) REGULAR AGENDA 69. Presentation made regarding the Eighth Annual Employee Food Drive 70. Public hearing held to consider the Mount Madonna Park Expansion/County Boundary Adjustment; closed public hearing; adopted RESOLUTION NO. 432-98 authorizing the various special district detachments; adopted ORDINANCE NO. 4522 to change the County Boundary between Santa Clara and Santa Cruz County; approved the Agreement and Open Space Easement with Santa Clara County; and authorized the Chairperson to sign the agreement; and directed the County Administrative Office to transmit these documents and related information to Santa Cruz County Local Agency Formation Commission (LAFCO) for processing and transmittal to the State Board of Equalization WASRB 71. Public hearing held to consider extending the Interim Zoning Ordinance to create the Farmland Security Combining District; closed public hearing; adopted ORDINANCE NO. 4523 extending interim zoning regulations regarding Farmland Security Zones; and directed the Planning Department to process the amendment to County Code Sections 13.10.470 through 13.10.473 to create the Farmland Security Zone RASWB 72. Public hearing held to consider proposed General Plan/LCP amendments and ordinance amendments regarding residential nonconforming uses and general nonconforming use provisions; closed public hearing; continued to November 24, 1998 consideration of proposed General Plan/LCP amendments and ordinance amendments regarding residential nonconforming uses and general nonconforming use provisions ASWRB 73. CONSIDERED adoption of an ordinance adding Section 6.04.130 and amending Section 6.24.030 of the Santa Cruz County Code to establish biomedical livestock animal treatment standards; read title and waived detailed reading of complete ordinance; approved ordinance "in concept" to return November 24, 1998 for final adoption WAsrB 74. CONSIDERED report on voluntary compliance with the polystyrene packaging reduction goals of Chapter 5.46 and considered adoption of an ordinance amending Chapter 5.46 of the County Code to extend the date for compliance; (1) read title and waived detailed reading of complete ordinance; (2) accepted and filed report on voluntary compliance with the packaging reduction goals of Chapter 5.46 of the Santa Cruz County Code; approved ordinance "in concept" to return January 12, 1999 for final approval; referred the ordinance to the Environmental Coordinator for California Environmental Quality Act (CEQA) review; and directed Public Works to include an additional component to the work plan for Ecology Action's solid waste public information contract proposal for next fiscal year to specifically promote food packaging alternatives to polystyrene foam (1)RASWB (2)ARSWB 75. CONTINUED TO DECEMBER 8, 1998 report regarding the Welfare Fraud Special Investigations Unit RSWAB 75.1 ACCEPTED AND FILED report on bicycle safety programs in Santa Cruz County, with an additional directive WASRB 75.2 APPROVED revision of master agreement, as amended, for 24 hour care facilities for mental health care AWSRB 76. RECEIVED bids regarding 1985A Chanticleer Avenue Renovation and referred to General Services and Redevelopment Agency to return with a recommendation on or before December 8, 1998 WRSAB 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 November 24, 1998