PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 97, NUMBER 32 DECEMBER 9, 1997 ******************************************************************** 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 - Four 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 RBSAW 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of November 18 and 25, 1997, as submitted by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received November 24, 1997 through December 5, 1997 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. 4479 amending Chapter 9 of the Santa Cruz County Code relating to stop intersections at various locations in Live Oak 10. ADOPTED RESOLUTION NO. 453-97 modifying property tax exemption to include boats and aircraft with less than $5,000 full value, as recommended by the County Assessor 11. AUTHORIZED the Auditor-Controller to apply $2,436.92 of the tax security posted to cover the second installment of 1997/98 secured taxes and refund to Gay A. Machado the remainder of $2,563.08, as recommended by the Auditor-Controller 12. AUTHORIZED the Auditor-Controller to apply the tax security against the first and second installment of 1997/98 secured taxes for Minor Land Division 96-041 in the amount of $8,773.28, as recommended by the Auditor-Controller 13. ACCEPTED AND FILED statement of the Treasurer Quarterly Cash Count, as recommended by the Auditor- Controller 14. APPROVED nomination of Deborah Lauchner to the Deferred Compensation Advisory Commission, as recommended by the Treasurer-Tax Collector 15. DECLARED various items to be surplus to County needs and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services 16. APPROVED contract extension with William Avery and Associates for 1997/98 at the current rate, as recommended by the Personnel Director 17. ACCEPTED status report on the County Fire Department Master Fire Plan and directed the General Services Department to return during the 1998/99 budget hearings with specific recommendations for the plan's development, as recommended by the Director of General Services 18. DIRECTED the County Administrative Officer to return on January 27, 1998 with a final report on activities of the Animal Control Working Group and a recommended ordinance modifying Title 6 of the County Code, as recommended by the County Administrative Officer 19. ACCEPTED the Court Holding Cell Remodel project as completed; approved the final cost of $79,736; authorized the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of General Services 20. ADOPTED ORDINANCE NO. 4480 amending Chapter 9 of the Santa Cruz County Code relating to stop intersections at various locations in Aptos 21. SEE ITEM NO. 61.1, REGULAR AGENDA 22. ADOPTED RESOLUTION NO. 454-97 accepting and appropriating $1,750 in funds associated with Assembly Bill 818 State Property Tax Administration Program, as recommended by the Auditor-Controller 23. SCHEDULED jurisdictional hearing for Tuesday, January 13, 1998 for the afternoon agenda regarding the Soquel Creek Water District's appeal of the Planning Commission's decision regarding Application No. 97- 0079; which is a proposal to remove an existing 300,000 gallon water tank, associated pressure tank, concrete pad and equipment building and to build a new 500,000 gallon tank on a graded pad supported by a 10 foot high retaining wall, as recommended by the Clerk of the Board 24. DENIED claim of Edward Zamora No. 798-054 and referred to County Counsel 25. DENIED claim of Patrick Walsh No. 798-055 and referred to County Counsel 26. DENIED claim of Edward Zamora No. 798-057 and referred to County Counsel 27. DENIED claim of Robert and Audrey Morgan No. 798-060 and referred to County Counsel 28. ACCEPTED AND FILED report on Proposition 208 litigation, as recommended by County Counsel 29. APPROVED the 1998 Legislative Program and directed the County Administrative Officer to forward the program to our State and federal representatives and to our State and federal associations for their consideration, as recommended by the County Administrative Officer RBSAW (with Supervisor Belgard voting "no" on Campaign Against Marijuana Production restrictions) 30. APPROVED revisions for the County Procedures Manual regarding County material and color standards for County offices, as recommended by the County Administrative Officer 31. APPROVED agreement with San Benito County for Hearing Officer services, as recommended by the County Administrative Officer 32. AUTHORIZED the purchase of a replacement signature retrieval system for the Elections Department at a cost of $59,600 and approved transfer of funds, as recommended by the County Administrative Officer 33. SEE ITEM NO. 61.3, REGULAR AGENDA 34. AUTHORIZED staff to participate in an on-site dedication of property by Dr. Joseph L. Pace on December 15, 1997, and return to the Board on December 16, 1997, with the necessary documents to accept the donation of property adjacent to Quail Hollow Ranch County Park, as recommended by Supervisor Almquist 35. APPROVED reappointment of Eloise Graham as an at-large appointee to the Housing Authority Board of Commissioners, nominated by the Community Action Board, for a term to expire December 9, 2001, as recommended by Chair Wormhoudt 36. ACCEPTED nomination of Jeanette Crosetti as an at- large appointee to the Children's Commission, representing providers, for a term to expire April 1, 1999, with final appointment to be made December 16, 1997, as recommended by Supervisor Belgard 37. APPROVED appointment of Sergeant Jim Morris as the representative of Operating Engineers Local Union No. 3 to the Deferred Compensation Advisory Commission, as recommended by Chair Wormhoudt 38. ACCEPTED nomination of Bruce Gabriel for reappointment as an at-large member of the Board of Directors of the Santa Cruz Metropolitan Transit District, for a term to expire December 31, 2001, with final appointment to be made December 16, 1997, as recommended by Supervisor Wormhoudt 39. APPROVED appointment of S. Ted Lopez to the Latino Affairs Commission for a term to expire April 1, 2001, as recommended by Supervisor Beautz 40. APPROVED appointment of Angelee Dion to the Commission on Disabilities for a term to expire April 1, 1999, as recommended by Supervisor Belgard 41. APPROVED appointment of A. Beth Dyer to the Board of Directors of the Santa Cruz County Resource Conservation District for a term to expire November 24, 2000, as recommended by Supervisor Almquist 42. APPROVED contract with Becker, Barry and Associates for juvenile dependency mediation in an amount not-to- exceed $20,000, as recommended by the Executive Officer and Clerk of the Superior and Municipal Courts 43. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, adopted RESOLUTION NO. 455-97 accepting the public utility right-of-way for San Vicente Street Water Main Project, as recommended by the District Engineer 44. ACCEPTED improvements and approved the final cost for the Branciforte Drive Bridge Storm Damage Repair; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 45. ADOPTED RESOLUTION NO. 456-97 approving and accepting the terms and conditions of contract and rights-of- entry for the Soquel Drive Sidewalk Infill Project and approved payment of claims, as recommended by the Director of Public Works 46. ACCEPTED improvements and approved the final cost for the 1997/98 Slurry Seal and Pavement Repair Project; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 47. ADOPTED RESOLUTION NO. 457-97 approving and accepting terms and conditions for agreement for right-of-way acquisition for the Corralitos-Varni Roads Intersection Improvement Project and approved payment of claim, as recommended by the Director of Public Works 48. AUTHORIZED the acceptance of the Commercial Crossing right-of-way; adopted RESOLUTION NO. 458-97 accepting Commercial Crossing into the County Maintained Road System; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 49. ADOPTED RESOLUTION NO. 459-97 approving payment of claim for the Mission Drive Road Improvement Project and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 50. APPROVED independent contractor agreements for the Waste Reduction Grant Program proposal totaling $25,198.50 including department overhead; and authorized the Director of Public Works to sign the contracts, as recommended by the Director of Public Works 51. APPROVED installation of pedestrian audible signals at various signalized intersections with funds from County Service Area No. 9, Highway Safety Lighting, Upgrade Existing Signals; approved amendment to agreement with Peek Traffic, Incorporated, in order to allow the installation of the audible signals; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 52. SEE ITEM NO. 61.2, REGULAR AGENDA 53. ACCEPTED AND FILED report on proposed ordinance amendments regarding nonconforming uses and approved related actions, with additional directive 54. SEE ITEM NO. 63.1, REGULAR AGENDA 55. 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 v. Beaver (Santa Cruz Superior Court Case No. 108630); People v. Gilbertson (Santa Cruz Superior Court Case Nos. 124269 and 128319) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case. AS THE SANTA CRUZ COUNTY FLOOD CONTROL DISTRICT, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case. AS THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case. 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 to initiate a lawsuit against Camali Corporation for damages arising out of a breach of contract (BSRAW) REGULAR AGENDA 56. Presentation of Solid Waste Association of North America Excellence in Municipal Solid Waste Management Award 57. CONTINUED consideration of recommendation regarding Santa Cruz County Public Art and Design Guidelines; approved Public Art and Design Guidelines, as amended; and directed Parks, Open Space and Cultural Services to return on January 13, 1998 with amended guidelines for final adoption RSBAW 58. CONSIDERED report regarding ambulance services and a proposed ordinance adding Chapter 2.65 to the County Code to establish the Contract Compliance Commission; directed Health Services Agency to return December 16, 1997 with final agreement; requested Auditor to change EMS Access Revenue Account to EMS Access Revenue Reserve; and further directed the Health Services Agency to provide a superimposed map and additional information on the proposed ordinance establishing a Compliance Commission BASrW 59. CONSIDERED adoption of proposed ordinance amending Section 2.20.030 of the Santa Cruz County Code relating to Compensation for Grand Jurors; read title and waived detailed reading of complete ordinance; approved ordinance "in concept" to return December 16, 1997 for final adoption RSBAW 60. Public hearing held to consider adoption of a resolution amending the Unified Fee Schedule; closed public hearing; adopted RESOLUTION NO. 460-97 revising the Unified Fee Schedule, as amended ABSRW 61. CONSIDERED adoption of an ordinance amending Chapter 9 of the Santa Cruz County Code relating to Stop Intersections on Avila Avenue at El Dorado Avenue and at Harper Street; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return December 16, 1997 for final adoption (1) BRSAW (2) BSRAW 61.1 APPROVED transfer of funds in the amount of $77,287 from the County Fire fund balance to County Fire capital projects; accepted report on budget information on the Loma Prieta fire station replacement project, including a report back on or before January 27, 1998, as recommended by the Director of General Services BRSAW 61.2 ACCEPTED AND FILED report on the Association of Monterey Bay Area Government's 1997 Population and Employment Forecast for Monterey, San Benito and Santa Cruz Counties, as recommended by the Interim Planning Director BASrW 61.3 AUTHORIZED payment of $4,400 from General Contingencies to the Transit District for four months of trial bus service to Juvenile Hall and requested that the Chief Probation Officer work with the Santa Cruz Metropolitan Transit District to publicize the trial service, with additional directives BASrW 62. Departmental Workshop Presentation made by the Planning Department 63. Departmental Workshop Presentation made by the Redevelopment Agency 63.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract amendment with Tri-B, Incorporated, in the amount of $67,250; and adopted RESOLUTION NO. 461-97 accepting unanticipated revenue, with additional directive BSRAW 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 13, 1998