PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 99, NUMBER 9 MARCH 23, 1999 ******************************************************************** 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 - 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 WSBCA 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED Board of Supervisors minutes of (1) March 9, 1999; and (2) approved minutes of March 16, 1999, as submitted by the Clerk of the Board (1) WSBCA (2) WS(B)CA 8. ACCEPTED AND FILED notification of continuing contracts received during the period of March 15, 1999 through March 19, 1999 and approved upon adoption of the 1998/99 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. AWARDED contract to Norment Industries, Incorporated, in the amount of $542,000 for Main Jail Security Systems Upgrade and approved related actions, as recommended by the Director of General Services 10. AUTHORIZED the County Administrative Office to enter into contract negotiations with Walraff and Gilman and Page, Salisbury and Dudley for Public Defender Conflict of Interest Services effective July 1, 1999 through June 30, 2002; and directed the County Administrative Office to report back on or before April 13, 1999 with the outcome of these negotiations, as recommended by the County Administrative Officer 11. ACCEPTED AND FILED report on parking management at the County Government Center and approved related actions, with an additional directive that signs be posted regarding availability of parking permits; directed that the possibility of transit passes for jurors be added to the study; and further directed that General Services report back on May 4, 1999 12. APPROVED transfer of funds in the amount of $3,800 and authorized purchase of fixed assets for the Probation Department High Risk Youth Continuum of Services (JUNTOS) Grant Program, as recommended by the Chief Probation Officer 13. ADOPTED RESOLUTION NO. 92-99 accepting and appropriating unanticipated revenue in the amount of $35,000 for 1998/99 from the State Office of Criminal Justice Planning for the Violence Against Women, Probation Specialized Unit Program; approved the addition of 1.0 limited-term Deputy Probation Officer II and 1.0 limited-term Probation Aide; and approved fixed asset purchase, as recommended by the Chief Probation Officer 14. APPROVED agreements and contract with the California Department of Forestry and Fire Protection for fire protection services in fiscal year 1998/99 in the amount of $1,775,546; adopted RESOLUTION NO. 93-99 accepting and appropriating unanticipated revenue in the amount of $10,418 from the State of California for the Pajaro Dunes County Service Area No. 4; authorized the Chairperson to sign the contracts; and directed the County Administrative Office and General Services Department to return at the 1999/00 budget hearing with a recommendation on the appropriate fire protection provider for fiscal year 2000/01, as recommended by the Director of General Services 15. APPROVED transfer of funds in the amount of $8,000 within the Risk Administration Budget and approved purchase of Scantron scoring machine and laptop computer, as recommended by the Personnel Director 16. DENIED claim of Humberta Enes No. 899-091 and referred to County Counsel 17. DENIED claim of Matthew James Taylor No.899-092 and referred to County Counsel 18. DENIED claim of Summit Road Association Membership No. 899-093 and referred to County Counsel 19. DENIED claim of Craig Musich, a minor, by his mother Gail Lukan, No. 899-096 and referred to County Counsel 20. DENIED claim of John Kovarik No. 899-097 and referred to County Counsel 21. DENIED claim of the Estate of Roxanna (Mohsenzadegan) Farr by her husband Azad Michael Farr, No. 899-0106 and referred to County Counsel 22. ACCEPTED AND FILED status report on the establishment of a Census 2000 Complete Count Committee and directed the County Administrative Office to report back on April 20, 1999 with a further report, as recommended by the County Administrative Officer 23. ADOPTED RESOLUTION NO. 94-99 approving application for Juvenile Crime Enforcement and Accountability Challenge Grant II for the establishment of day reporting centers; authorized the Probation Department to participate in the Pajaro Valley Prevention and Student Assistance's Office of Criminal Justice Planning Grant Proposal to establish a juvenile first offender diversion program; and approved related actions, as recommended by the Chief Probation Officer 24. ACCEPTED report on space needs for the District Attorney's Office and directed further considerations be included in budget recommendations for fiscal year 1999/2000, as recommended by the Director of General Services 25. ACCEPTED renewal quote from CSAC-Excess Insurance Authority and authorized the Risk Management to renew the County's property insurance policy effective March 31, 1999 with the premium to be paid after the approval of the 1999/00 Liability/Property budget, as recommended by the Personnel Director 26. ACCEPTED AND FILED annual report of the Mobilehome Commission, and approved related actions, as recommended by Chairperson Almquist 27. ACCEPTED notification of at-large vacancy on the Long Term Care Interagency Commission, for a representative of a caregiver resource center, with nominations for appointment to be received on April 13, 1999, and final appointment to be made April 20, 1999, as recommended by Chairperson Almquist 28. APPROVED appointment of Lucille Des Jardins to the Long Term Care Commission for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt 29. APPROVED appointment of Victor Everlove to the Commission on Disabilities for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt 30. APPROVED appointment of Maria Heliana Ramirez to the Latino Affairs Commission for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt 31. ACCEPTED nomination of Deborah Saint John as an at- large appointee to the Santa Cruz-Monterey County Managed Medical Care Commission, as a representative of a non-governmental community clinic, for a term of office to be staggered by lot, with final appointment to be made April 13, 1999, as recommended by Supervisor Symons 32. SEE ITEM NO. 71.1, REGULAR AGENDA 33. APPROVED reappointments of Commissioners for the Third Supervisorial District, as outlined, for terms to expire April 1, 2003, with additional directive to delete Cynthia Margolin from the list of reappointments 34. APPROVED appointment of Sandra Brown to the Women's Commission for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt 35. APPROVED appointment of Richard Doubrava to the Mobilehome Commission for a term to expire April 1, 2003, as recommended by Supervisor Wormhoudt 36. APPROVED transfer of funds in the amount of $140,000 within the Health Services Agency - Mental Health for long term residential care; adopted RESOLUTION NO. 95- 99 accepting and appropriating unanticipated revenue in the amount of $224,782 in State funds and patient revenue; and approved amendments to agreements with Crestwood Behavioral Health, and Rehabilitation Institutes of America, as recommended by the Health Services Agency Administrator 37. 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 38. ITEM DELETED 39. DEFERRED TO APRIL 27, 1999 consideration to approve Bylaws and Conflict of Interest Code for Santa Cruz/Monterey Managed Medical Care Commission, adopted by the Commission 40. APPROVED submission to the State Department of Mental Health of the PATH Supported Housing Demonstration Grant to provide enhanced mental health housing services, as recommended by the Health Services Agency Administrator 41. AUTHORIZED the Health Services Agency Alcohol and Drug Program to submit a proposal to the State Department of Alcohol and Drug Programs for $125,000 per year for four years to support enhancement of the Drug Court program; and authorized the Chairperson to write a letter in support of the grant application, as recommended by the Health Services Agency Administrator 42. AUTHORIZED deletion of a vacant Public Health Nurse II position, and the addition of a Mental Health Client Specialist position in the Homeless Persons Health Project; and referred to Personnel for classification, as recommended by the Health Services Agency Administrator 43. ACCEPTED AND FILED report on the Investing in Children and Families--What Works! project; and authorized the Human Resources Agency to serve as the public agency liaison to the project, as recommended by the Human Resources Agency Administrator 44. ACCEPTED AND FILED report on the Answers Benefitting Children proposal, including a report back during budget hearings, as recommended by the Human Resources Agency Administrator 45. ACCEPTED AND FILED report on early intervention and fraud prevention efforts, as recommended by the Human Resources Agency Administrator 46. AUTHORIZED the addition of one full-time position in the Department of Public Works in the classification of Engineering Tech I/II/III; and directed the Personnel Department to take necessary actions to establish the position, as recommended by the Director of Public Works 47. ADOPTED RESOLUTION NO. 96-99 approving sale of excess County right-of-way property on Old Glen Arbor Road for the amount of $500; authorized the Chairperson to sign the Quitclaim Deed; and approved related actions, as recommended by the Director of Public Works 48. SEE ITEM NO. 78.1, REGULAR AGENDA 49. ADOPTED RESOLUTION NO. 97-99 approving and accepting conditions of the agreement of Highland Way Slide Repair Project; authorized the Director of Public Works to sign the document; and approved payment of claim, as recommended by the Director of Public Works 50. APPROVED plans, specifications and engineer's estimate and authorized calling for bids for the Conference Drive Seismic Retrofit; set bid opening for Tuesday, April 27, 1999 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 51. APPROVED plans, specifications and engineer's estimate for El Rancho Drive storm damage repair; authorized calling for bids; set bid opening for Tuesday, April 13, 1999 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 52. DIRECTED the Auditor-Controller to issue a warrant in the name of Central Coast Recycling Market Development Zone to the San Luis Obispo County Integrated Waste Management Authority to transfer treasury balance; and authorized the Director of Public Works to sign the assignment of the Gainer and Associates contract to the San Luis Obispo Integrated Waste Management Authority, as recommended by the Director of Public Works 53. ADOPTED RESOLUTION NO. 98-99 for vacating storm drain easement on Rosedale Avenue and Ridaken Way; and adopted RESOLUTION NO. 99-99 authorizing the Chairperson to sign the quit claim; accepted the new offers of dedication; and approved related actions, as recommended by the Director of Public Works 54. ACCEPTED offer to purchase excess County Real Property in Brookdale Terrace subdivision in the amount of $1,500; adopted RESOLUTION NO. 100-99 authorizing the Chairperson to sign the grant deed; and approved related actions, as recommended by the Director of Public Works 55. APPROVED findings related to project area improvements; accept low bid of Anderson Pacific Engineering Construction in the amount of $237,010 for the Harper Court Pedestrian Bridge; authorized award of contract; and authorized the Director of Public Works to sign, as recommended by the Director of Public Works 56. ACCEPTED and approved the engineer's reports for County Service Area No. 13 (Zone B, Lower Hutchinson Road), No. 18 (Whitehouse Canyon), No. 34 (Larsen Road), No. 36 (Forest Glen, Baker Road), No. 43 (Bonita Encino) and No. 55 (Riverdale Park, Zone B); adopted RESOLUTION NO. 101-99 of intention to authorize and levy an assessment for road maintenance and operations for County Service Area No. 13, Zone B, Lower Hutchinson Road for 1999-00 and each year following; adopted RESOLUTION NO. 102-99 of intention to authorize and levy an assessment for road maintenance and operations for County Service Area No. 18, Whitehouse Canyon for 1999-00 and each year following; adopted RESOLUTION NO. 103-99 of intention to authorize and levy an assessment for road maintenance and operations for County Service Area No. 34, Larsen Road for 1999-00 and each year following; adopted RESOLUTION NO. 104-99 of intention to authorize and levy an assessment for road maintenance and operations for County Service Area No. 36, Forest Glen, Baker Road Zone for 1999-00 and each year following; adopted RESOLUTION NO. 105-99 of intention to authorize and levy an assessment for road maintenance and operations for County Service Area No. 43, Bonita Encino for 1999-00 and each year following; adopted RESOLUTION NO. 106-99 of intention to authorize and levy an assessment for road maintenance and operations for County Service Area No. 55, Riverdale Park, Zone B for 1999-00 and each year following; approved notice of public hearing, balloting procedure, and ballots for the proposed increased 1999/00 assessment for the aforementioned County Service Areas; set public hearing for Tuesday, May 18, 1999, for the morning agenda, to consider proposed increased assessment rates; and approved related actions, as recommended by the Director of Public Works 57. ACCEPTED AND FILED status report on the Buena Vista Landfill Gas Power Project; directed Public Works to continue working with the Monterey Unified Air Pollution Control District to find a solution to the Emission Reduction Credit requirements for the Buena Vista Landfill Gas Power Project; directed the Chairperson, in consultation with Public Works, to draft a letter of support to the Monterey Unified Air Pollution Control District, in the event the availability or market cost of Emission Reduction Credits prove to be an unreasonable financial burden for the Buena Vista Landfill Gas Power Project; and directed Public Works to return on or before May 18, 1999, with a status report on the Buena Vista Landfill Gas Power Project, as recommended by the Director of Public Works 58. ACCEPTED AND FILED report on cooperative efforts with neighboring counties to identify flood control options for the Pajaro River Watershed Basin and return with a status report on June 15, 1999, as recommended by the Director of Public Works 59. APPROVED extensions of the deadlines for expenditure of the Agricultural Conservation Easement Program funds on the Coast Dairies and Cardoza properties to May 31, 1999, as recommended by the Planning Director 60. ADOPTED RESOLUTION NO. 107-99 establishing the 1999 Affordable Housing Guidelines for Santa Cruz County, as recommended by the Planning Director 61. AUTHORIZED agreement between the County of Santa Cruz and Bay Area Shared Information Consortium regarding the identification of potential groundwater recharge areas for the Santa Margarita Groundwater Basin, as recommended by the Planning Director 62. DEFERRED report on Water Resources Management to April 20, 1999, as recommended by the Planning Director 63. APPROVED agreement between the County, the Loma Prieta Joint Union Elementary School District and the Loma Prieta Community Foundation in the amount of $10,000 as the contribution for the ballfield's project; authorized the Parks Director to sign the agreement, as recommended by the Director of Parks, Open Space and Cultural Services 64. APPROVED contract with Sandra Whiting and Barbara Abbott, for art work at Jose Avenue Park for $13,000 and authorized the Parks Director to sign the contract; authorized the Parks Director to accept the work and approved the payments; and adopted RESOLUTION NO. 108-99 accepting and appropriating unanticipated revenue in the amount of $13,000 from Redevelopment for Art in Public Places, as recommended by the Director of Parks, Open Space and Cultural Services 65. ACCEPTED AND FILED report on the 1999 State Fair Display and approved related actions, with an additional directive that the Convention of Visitors Bureau do display for the 1999 State Fair 66. APPROVED the Live Oak/Soquel Traffic Impact Reduction Pilot Program and approved related actions, as recommended by the Redevelopment Agency Administrator and the Director of Public Works 67. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the Live Oak/Soquel Traffic Impact Reduction Pilot Program; approved contract for traffic consulting services in an amount not to exceed $15,000; and approved related actions, including a report back on or before May 23, 2000, as recommended by the Redevelopment Agency Administrator and the Director of Public Works 68. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the 1985A Chanticleer Avenue renovation as complete, and approved related actions, as recommended by Redevelopment Agency Administrator 69. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $279,270 for the construction of the Harper Court Pedestrian Bridge project and adopted associated findings, 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 et al. (San Francisco Superior Court Case No. 300136); Zscheile/USAA v. PG & E, et al. (Santa Cruz Superior Court Case No. 134309); Damon v. County of Santa Cruz, et al. (Santa Cruz Superior Court Case No. 134926); Buena Vista Community Association v. County of Santa Cruz (Santa Cruz Superior Court Case No. 134742); County of Sonoma v. Commission on State Mandates (Sonoma Superior Court Case No. 221243); Bazar v. County (Santa Cruz Superior Court Case No. 134334) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street address (APN if no street address): APN: 039-102-47 and 039-102-14 Negotiating parties (not agents): Aptos Dental Condo Association, Dr. Popilsky REPORT OF COUNTY COUNSEL - The Board authorized the County to join in a lawsuit filed by Sonoma County against the Commission on State Mandates regarding whether the State is required to reimburse local government for property taxes diverted from local government by the ERAF legislation (BSWCA) 70.1 AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED public hearing for the morning agenda of May 18, 1999 to consider adoption of an ordinance amending District Code, Title 4, Article III, Sections 4.08.160 through 4.08.180 for sewer service charges; and approved related actions, as recommended by the District Engineer REGULAR AGENDA 71. Public hearing held to consider the annual report and proposed 1999/2000 fees for Soquel Village Parking and Business Improvement Area; closed public hearing; accepted and filed Annual Report of the Soquel Village Parking and Business Improvement Area Advisory Board; adopted RESOLUTION NO. 109-99 of Intention to Establish Parking Improvement Charges for the 1999-2000 Fiscal Year; and approved appointments of Kathryn A. Brechel and Judy Vierra to the Soquel Village Parking and Business Improvement Area Advisory Board BWSCA 71.1 AUTHORIZED a grant of $2000 which the San Lorenzo Valley YMCA Teen Center may draw against in order to obtain the money for its County fees in creating this teen center WSBCA 72. CONSIDERED proposed ordinances for adoption of the Uniform Fire Code (amendments pertaining to California Housing Code) as submitted by Zayante Fire Protection District, Scotts Valley Fire Protection District, Pajaro Valley Fire Protection District, Aptos/La Selva Fire Protection District, Branciforte Fire Protection District, Central Fire Protection District, Boulder Creek Fire Protection District, Ben Lomond Fire Protection District and Felton Fire Protection District WCBSA 73. CONSIDERED proposed ordinance readopting ordinance relating to the regulation of tobacco advertising as Chapter 7.89 of the Santa Cruz County Code and amending Section 5.50.180 to make it consistent with this recodification; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return April 13, 1999 for final adoption (1) WBSCA (2) WSBCA 74. CONSIDERED report on Design Review Issues; directed the Planning Department to require additional Design Review submittal requirements for the following projects: a) All Land Divisions within the Urban Services Line; b) Subdivisions outside the Urban Services Line; c) Single-family dwellings in the Coastal Zone in a designated Special Community; d) Single-family dwellings greater than 7,000 square feet; e) Residential developments of 3 or more units; and f) All new Commercial or Industrial construction projects; referred the proposal to have the Planning Commission decide request for waiver of design submittal requirements to the Planning Commission for consideration and recommendation back to the Board on or before May 25, 1999; directed the Planning Director to report back in January 2000 to discuss the results of the direction approved in connection with this Board action and to include recommendations as appropriate; with an additional directive that the Planning Commission report back regarding waiver requests and anything else it chooses to report on; and further directed Planning staff to report back on the issue of recording conditions BSWCA 75. CONSIDERED report on code compliance activities relating to Marmo's Trailer Park and the Golden Torch Trailer Park, and potential conversion of trailer/recreational vehicle parks to permanent occupancy; accepted and filed report regarding possible conversion of RV parks to permanent occupancy; conceptually approved the program outlined and directed the Planning Department to develop a draft ordinance for consideration on May 4, 1999; and directed the Planning Department to continue suspension of code compliance activities related to the 30-day occupancy restriction as to existing residents, and to consider the matter in connection with the consideration of the proposed draft ordinance on May 4, 1999 WSBCA 76. CONSIDERED report on the Buena Vista Landfill Soil Management Project; accepted and filed report; deferred deliberation of report on the Buena Vista Landfill Soil Management Project to April 13, 1999 WSBCA 77. CONSIDERED adoption of a resolution amending Resolution No. 279-75 to implement classification actions; and adoption of an ordinance amending County Code Section 3.12.040 regarding exemptions from Civil Service; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return April 13, 1999 for final adoption; and adopted RESOLUTION NO. 110-99 amending salary Resolution No. 279-75 to implement classification actions (1) BSWCA (2) WCBSA 78. ITEM DELETED 78.1 CONTINUED TO APRIL 13, 1999 consideration to approve change request for Tan Heights Subdivision Tract 1295 SBWCA 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 13, 1999