PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 97, NUMBER 9 MARCH 18, 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 - Eleven 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 SBRAW 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of March 4, 1997, as submitted by the Clerk of the Board 8. DELETED ITEM 9. APPROVED agreement with General Representation Unit regarding new classes in the Health Services Agency; adopted RESOLUTION NO. 77-97 amending Resolution No. 279-75; and authorized the Personnel Director to sign the agreement, as recommended by the Personnel Director 10. ADOPTED RESOLUTION NO. 78-97 amending Resolution No. 297-75 to implement classification actions in the Public Works Department, as recommended by the Personnel Director 11. DENIED claim of William and Michelle Lang No. 697-086 and referred to County Counsel 12. DENIED claim of Erika Lundholm No. 697-085 and referred to County Counsel 13. REJECTED claim of Patricia Hansen No. 697-088 as insufficiently filed and referred to County Counsel 14. ACCEPTED AND FILED status report on activities of the Animal Control Working group and directed the County Administrative Officer to return on April 15, 1997, with a further status report and with the annual review of the County Code related to Regulation of Animal Breeding, with additional directive for a workshop to be scheduled on April 15, 1997 15. APPROVED amendment to Article 9.1 of Law Enforcement Middle Management Memorandum of Understanding and adopted RESOLUTION NO. 79-97 to make PERS health plans available to employees in this representation unit; and approved agreement regarding domestic partner eligibility for various law enforcement units under the Operating Engineers Public Employees Health and Welfare Trust, as recommended by the Personnel Director 16. CONTINUED TO MARCH 25, 1997 consideration to adopt ordinance, as amended, adding Chapter 8.23 to the Santa Cruz County Code relating to skating and skateboarding regulations 17. ACCEPTED AND FILED report on the audit of the Probation Department California Youth Authority Proposition 86 for the period of May 1, 1992 through June 30, 1995, as recommended by the Auditor- Controller 18. APPROVED appointment of Rachel Haskell to the Seniors Commission for a term to expire April 1, 1997, as recommended by Supervisor Almquist 19. APPROVED appointment of Donna Stewman to the Housing Advisory Commission for a term to expire April 1, 1997, as recommended by Supervisor Almquist 20. APPROVED request for the Chair of the Board to write to the Governor conveying the Board's support of the Judges' request to convert Municipal Court Judgeships to Superior Court Judgeships under the provisions of Government Code Section 68083 should a Municipal Court vacancy occur, as recommended by the Presiding Judge of the Municipal and Superior Courts 21. ADOPTED RESOLUTION NO. 80-97 supporting the Welfare Reform Redesign Proposal prepared by the California State Association of Counties and the California Welfare Directors Association, and directed the Clerk of the Board to take related actions, as recommended by Chair Wormhoudt 22. ADOPTED RESOLUTION NO. 81-97 accepting and appropriating $356,000 in unanticipated revenue for the Health Services Agency's Pharmacy, as recommended by the Health Services Agency Administrator 23. 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 24. ADOPTED RESOLUTION NO. 82-97 accepting unanticipated revenue in the amount of $7,368 into the Human Resources Agency Homeless Assistance budget, as recommended by the Acting Human Resources Agency Administrator 25. ACCEPTED the Porter Street Bridge Mitigation Project improvements; approved final cost and authorized the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 26. APPROVED road closures for the First Annual Apple Blossom Run in Corralitos on Saturday, April 26, 1997 subject to the conditions on the race permit, and directed Public Works to take related actions, as recommended by the Director of Public Works 27. ADOPTED RESOLUTION NO. 83-97 of intention to purchase real property located at 7272 Empire Grade (APN: 80- 251-31) for the Bonny Doon Fire Station site; scheduled public hearing for consideration of proposed purchase on Tuesday, April 8, 1997 at 9:00 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 28. ADOPTED RESOLUTION NO. 84-97 authorizing acceptance of Department of Conservation, Division of Recycling Market Development; approved the Independent Contractor Agreement with Musgrave Marketing and Design in the amount of $27,385.63; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 29. APPROVED 1996 Live Oak Parking Program Report and Recommendations; directed the Public Works Department to initiate the 1997 Live Oak Parking Program; and adopted RESOLUTION NOS. 85-97 THROUGH 87-97 implementing the 1997 Live Oak Parking Program, as recommended by the Director of Public Works 30. ACCEPTED low bid of B and B Concrete Construction in the amount of $285,155.23 for the Hazard Elimination Safety Program Project on Lompico Road; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 31. APPROVED plans, specifications and engineer's estimate and authorized the calling for bids for the Burrell Creek Culvert Replacement project; set bid opening for Tuesday, April 15, 1997 at 10:45 a.m.; adopted RESOLUTION NO. 88-97 accepting unanticipated revenue; and approved related actions, as recommended by the Director of Public Works 32. ACCEPTED AND FILED report on federal listing on Coho salmon and approved related actions, as recommended by the Planning Director 33. APPROVED agreement with Capitola Realty, Incorporated, to provide real estate marketing services for the County's affordable housing program, and authorized the Planning Director to sign the contract, as recommended by the Planning Director 34. ADOPTED RESOLUTION NO. 89-97 accepting and appropriating unanticipated revenue in the amount of $2,000 from Bill Lane, to be used for additional natural resource education programs and projects at Quail Hollow Ranch, as recommended by the Director of Parks, Open Space and Cultural Services 35. APPROVED appointment of Don Nielsen to the North Coast Beaches Advisory Committee as the representative of the Davenport Volunteer Fire and Rescue Team with a term to expire December 31, 1997, as recommended by the Director of Parks, Open Space and Cultural Services 36. APPROVED lease with the California Conservation Corps (CCC) for use of the house located at Pinto Lake County Park, in exchange for 1500 hours of CCC work crew hours annually, and authorized the Director of County Parks to sign the agreement, as recommended by the Director of Parks, Open Space and Cultural Services 37. DELETED ITEM regarding standard public artist contract format; added a directive to report back with specific review and recommendation from the Arts Commission 38. 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.: Forbus v. County of Santa Cruz (WCAB SJC 175424) 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 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 LABOR NEGOTIATOR Agency negotiator: Personnel Director All Employee Organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors accepted Worker's Compensation Appeals Board findings of award in the matter of Donald Forbus v. County of Santa Cruz (WCAB SJC 175424) (BSRAW); authorized and directed County Counsel to participate in the legal action filed by Keith A. Sugar on behalf of the Citizens for Responsible Forest Management and Lawrence Prater challenging the approval of Timber Harvest Plan No. 1-96-247 SCR submitted by Gregory Koppala/Eel River Sawmills, Gary Urdahl and Lawrence Ratto, with the understanding that Keith A. Sugar will be lead counsel (BsrAW) 38.1 SEE ITEM NO. 42.1, REGULAR AGENDA REGULAR AGENDA 39. Public hearing held to consider adoption of a resolution to increase the fee for a certified copy of a birth certificate from $15 to $18 for the purpose of funding dependency mediation services in the juvenile court; closed public hearing; adopted RESOLUTION NO. 90-97 increasing the fee for a certified copy of a birth certificate to fund dependency mediation program BASRW 40. APPROVED at-large appointments of Charles Moody, Cecilia Espinola, Carol Parker, RN; Alvin Karp and Christine Griger, M.D. to the Managed Medical Care Commission, in the categories indicated, for terms to expire March 31, 2001 RSBAW 41. APPROVED at-large appointments of Michael Molesky, Betsy McCarty, Ellen Ortiz, Chief Ron Prince, Sister Julie Hyer, Don Cooper, Carlos Walker, Ben Evans, Tony Warman, Marilyn Hummel, Stephen Douglas, Helen Herrington, and Betty Petersen to various County advisory bodies, as outlined, for terms to expire April 1, 2001 ABSRW 42. CONSIDERED resolution, ordinance and related actions to initiate a contract amendment with Public Employees' Retirement System to move certain Probation Department classes to safety retirement and to permit a second opportunity for certain safety members to elect to purchase 1959 survivors benefits, including amendments to General and Middle Management Representation Unit Memoranda of Understanding; (1) read title and waived detailed reading of complete ordinance; (2) approved amendment to Article 9 of the General Representation Unit Memorandum of Understanding and Article 32 of the Middle Management Representation Unit Memorandum of Understanding and authorized the Personnel Director to sign these agreements; directed that employees in classes designated as Executive Management who are moved to Safety membership be treated in the same manner as Middle Management Unit employees, including all provisions for such employees to pay the associated costs; adopted RESOLUTION NO. 91-97 of intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the Board of Supervisors of the County of Santa Cruz; adopted ordinance "in concept" to return April 15, 1997 for final adoption; directed Clerk of the Board to publish a public notice regarding the adoption of the ordinance "in concept"; directed Personnel to conduct a secret ballot election; and directed Personnel to return with PERS documents necessary to execute the contract (1) BRSAW (2) ABSRW 42.1 CONSIDERED Memorandum of Understanding for Detention Officer Representation Unit; approved Memorandum of Understanding for the Detention Officer Representation Unit for the period March 22, 1997 through March 17, 2000; authorized the Personnel Director to sign the agreement; and adopted RESOLUTION NO. 92-97 amending Resolution No. 279-75 to implement the agreement, as recommended by the Personnel Director RSBAW 43. CONSIDERED proposed ordinance amending the County Arts Commission ordinance (Chapter 2.42 of the Santa Cruz County Code) relating to membership and term of office; (1) read title and waived detailed reading of complete ordinance; (2) adopted ordinance, as amended, "in concept" to return April 15, 1997 for final adoption; and directed Clerk of the Board to publish a Notice of Intention to Adopt Ordinance (1) SBRAW (2) ABSRW 44. The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 7, to convene and carry out its regularly scheduled meeting to be held in the Watsonville City Counsel Chambers 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 8, 1997