PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 99, NUMBER 10 APRIL 13, 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 - 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 WBSCA 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of March 23, 1999, as requested by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received during the period of March 22, 1999 through April 9, 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. CONTINUED TO APRIL 20, 1999 consideration to adopt ordinance amending Section 3.12.040 to the Santa Cruz County Code relating to County Employees 10. ACCEPTED AND FILED the report of the Treasurer's Cash Count as of December 21, 1998, as recommended by the Auditor-Controller 11. APPROVED a three year lease extension agreement for the Sheriff's Freedom Community Policing Service Center at an initial cost of $700 per month; and authorized the Sheriff to sign the agreement, as recommended by the Sheriff-Coroner 12. ADOPTED RESOLUTION NO. 111-99 amending salary Resolution No. 279-75 to establish an alternate salary range for the class of Court Reporter, effective April 17, 1999, as recommended by the Personnel Director 13. DENIED claim of Mrs. Wanda Renita Conaway-Knight No. 899-103A and referred to County Counsel 14. DENIED claim of Mrs. Wanda Renita Conaway-Knight No. 899-103B and referred to County Counsel 15. DENIED claim of Azad Michael Farr No. 899-110 and referred to County Counsel 16. ADOPTED RESOLUTION NO. 112-99 in support of AB 1482 relating to animal shelters; and approved related actions, as recommended by the County Administrative Officer 17. DEFERRED report on the Public Defender Conflict of Interest Services contract negotiations with Wallraff and Gilman and Page, Salisbury and Dudley from April 13, 1999 to April 27, 1999, as recommended by the County Administrative Officer 18. ADOPTED RESOLUTION NO. 113-99 authorizing the County Elections Official to conduct the June 8, 1999 special election on behalf of the City of Scotts Valley, as recommended by the County Clerk-Recorder 19. ADOPTED RESOLUTION NO. 114-99 accepting and appropriating unanticipated revenue in the amount of $99,500 from increased recording fees; approved the purchase of a server for the Recorder in the amount of $20,000, including software, backup and installation; and authorized increase in budgeted amount for salaries and benefits in the amount of $79,500 for related costs, as recommended by the County Clerk- Recorder 20. ADOPTED RESOLUTION NO. 115-99 opposing the shift of State Forensic Laboratory Services costs to local agencies and supporting the passage of SB 627 to establish a statewide task force to assess the current system of delivering forensic services, as recommended by the Sheriff-Coroner and the District Attorney 21. DEFERRED status report on local emergency management plan development and directed General Services Department/Emergency Services Division to return with a further report on or before June 8, 1999, as recommended by the Director of General Services 22. AWARDED contract to Watsonville Construction in the amount of $66,750 for the Blaine Street Emergency Power Project and approved related actions, as recommended by the Director of General Services 23. SEE ITEM NO. 77.1, REGULAR AGENDA 24. AWARDED contract to Watsonville Construction in the amount of $38,780 for the Seismic Retrofit at 1060 Emeline Avenue; and approved related actions, as recommended by the Director of General Services 25. APPROVED Memorandums of Understanding with Scotts Valley Fire Protection District and City of Watsonville for response services from each agency's hazardous materials response team; and authorized the County Fire Chief to sign the Memorandums of Understanding, as recommended by the Director of General Services 26. ADOPTED ORDINANCE NO. 4537 readopting Chapter of the Santa Cruz County Code relating to the regulation of tobacco advertising and self-service sale of tobacco products as Chapter 7.89 and amending Section 5.50.180 of the County Code to make it consistent with this readoption 27. APPROVED agreement with Informatrix in the amount of $196,950 for conversion to the CASES child support computer system; authorized the Information Services Director to sign the agreement; and adopted RESOLUTION NO. 116-99 accepting and appropriating unanticipated revenue in the amount of $87,092 from the Federal Government for the Family Support program, as recommended by the District Attorney and the Information Services Director 28. APPROVED the Memorandum of Understanding for Ag Extension services between the Regents of the University of California and the County of Santa Cruz; and directed the Chair of the Board to sign the Memorandum of Understanding on behalf of the County, as recommended by the County Administrative Officer 29. ADOPTED RESOLUTION NO. 117-99 accepting and appropriating unanticipated revenue in the amount of $4,750 into Weights and Measures budget to replace a computer and increase the undercover test purchase fund, as recommended by the Agricultural Commissioner 30. APPROVED transfer of $2,000 in contingency funds to cover permit fees for the San Lorenzo Valley Teen Center; approved agreement providing for a grant of up to $2,000 for the payment of environmental health and planning permit fees for the San Lorenzo Valley YMCA Teen Center; and authorized the Chairperson to sign agreement, as recommended by the County Administrative Officer 31. ACCEPTED nominations of various persons as at-large appointees to the Children's Commission, Emergency Medical Care Commission, Hazardous Materials Advisory Commission, Latino Affairs Commission and Water Advisory Commission, in the categories indicated, for terms to expire April 1, 2003, with final appointments to be made April 20, 1999, as recommended by Chairperson Almquist 32. APPROVED appointment of Christine McGuire as the representative of the District Attorney on the Domestic Violence Commission, as recommended by Chairperson Almquist 33. ACCEPTED notification of at-large vacancy on the Santa Cruz-Monterey County Managed Medical Care Commission, in the category of "hospital representative," with nominations for appointment to be received on April 27, 1999, and final appointment to be made May 4, 1999, as recommended by Chairperson Almquist 34. APPROVED appointment of Councilmember Christopher Krohn as a representative of the City of Santa Cruz on the Winter Shelter Advisory Committee, as requested by the Santa Cruz City Council and recommended by Chairperson Almquist 35. APPROVED reappointment of Betty Sue Smith to the Mental Health Advisory Board for a term to expire April 1, 2002, as recommended by Supervisor Almquist 36. ACCEPTED nomination of Scott Bugental as an at-large appointee to the Long Term Care Interagency Commission, as a representative of a publicly funded senior transportation program, for a term to expire April 1, 2000, with final appointment to be made April 20, 1999, as recommended by Supervisor Almquist 37. ADOPTED RESOLUTION NO. 118-99 supporting the passage of Assembly Bill 18, the Villaraigosa-Keeley Urban Parks, Clean Water and Coastal Protection Bond Act of 2000; and approved related actions, as recommended by Chairperson Almquist 38. APPROVED property tax exchange for Riverside Drive Reorganization (LAFCO 819); and adopted RESOLUTION NO. 119-99 accepting negotiated change of property tax revenues pursuant to California Revenue and Taxation Code Section 99, as recommended by the County Administrative Officer WBS(C)A 39. SEE ITEM NO. 77.2, REGULAR AGENDA 40. SEE ITEM NO. 77.3, REGULAR AGENDA 41. ACCEPTED AND FILED report on development of a program proposal and budget for a Probation residential treatment program in South County; and directed the Health Services Agency Administrator to report back on this subject as part of the 1999 budget hearings, with an additional directive to report back on May 18, 1999 42. ACCEPTED AND FILED report on development of the Request for Proposals for drug and alcohol treatment services for adolescents with a further report and Request for Proposals document on May 18, 1999, as recommended by the Health Services Agency Administrator 43. APPROVED dissolution of Ambulance Contract Compliance Commission, effective June 30, 1999; directed the Health Services Agency Administrator, County Counsel, Auditor-Controller to identify issues regarding contract matters requiring attention as a result of Commission dissolution; directed recommendation of interim steps that should take place prior to July 1, 1999; and directed that recommendations on these issues and related issues be reported back to the Board on or before May 18, 1999, with an additional directive that the Board receive an annual report from staff on the compliance with the contract and also that the Board would be informed at anytime during the year if there were changes to the fees or service 44. AUTHORIZED County Counsel to negotiate and sign a contract with Jones Hall, a Professional Law Corporation, to provide bond counsel services for a possible community sewage disposal project for the Greater Pasatiempo Area, as recommended by the Health Services Agency Administrator, Public Works Director, and County Counsel 45. 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 46. APPROVED transfer of funds in the amount of $4,000 within the AIDS Program budget towards the purchase and retrofit of a van for HIV testing program in the approximate amount of $36,000, as recommended by the Health Services Agency Administrator 47. ADOPTED RESOLUTION NO. 120-99 accepting and appropriating unanticipated revenue in the amount of $26,824 for the State funded Childhood Lead Poisoning Prevention project; authorized the Health Services Agency Administrator to sign multi-year State Standard Agreement in the amount of $91,237; and authorized the Health Services Agency Administrator to negotiate agreements with various contractors, effective July 1, 1999, and return for approval, as recommended by the Health Services Agency Administrator 48. APPROVED fixed asset purchase of a laptop computer for the Health Services Agency Clinics at an approximate cost of $3,700; and approved related transfer of funds from Services and Supplies to Fixed Asset Account, as recommended by the Health Services Agency Administrator 49. ACCEPTED AND FILED the report on the personnel changes associated with the mental health and substance abuse reorganization; and directed the Health Services Agency Administrator to report back on May 25, 1999, with further recommendation on classification changes, as recommended by the Health Services Agency Administrator 50. APPROVED amendment to an agreement with Santa Cruz Community Counseling Center - ALTO Counseling Center to add $101,481 in State and federal funds for Drug Court treatment services, as recommended by the Health Services Agency Administrator 51. APPROVED agreement with Milhouse Children's Services in the amount of $18,620, retroactive to date of placement, December 17, 1998 through June 30, 1999; and authorized the Health Services Agency Administrator to sign agreement, as recommended by the Health Services Agency Administrator 52. ACCEPTED AND FILED the CalWORKs First Year Implementation Report; adopted CalWORKs Plan Addendum; and approved related actions, as recommended by the Human Resources Agency Administrator 53. APPROVED renewal of contract with Sacramento Services and Development Corporation for Direct Mail issuance of Food Stamp Coupons for the period of July 1, 1999 to June 30, 2000 contingent upon approval of the 1999/00 budget, as recommended by the Human Resources Agency Administrator 54. ADOPTED RESOLUTION NO. 121-99 to authorize the Health Services Agency to submit an application in the approximate amount of $289,000 for a multi-year pedestrian and bicycle safety project; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 55. ADOPTED RESOLUTION NO. 122-99 approving the County's participation in the application for Transportation Enhancement Activities grant funding for the Sanctuary Scenic Trail project; and authorized the County Administrative Officer to submit the project application on behalf of the Santa Cruz County Sanctuary Inter-Agency Task Force, as recommended by the County Administrative Officer 56. ADOPTED RESOLUTION NO. 123-99 approving the application for funds for the Transportation Enhancement Activities (TEA) Program for the Ben Lomond Streetscape Project for the 1998/99 through 2003/2004 Transportation Enhancement Activities Program; adopted RESOLUTION NO. 124-99 approving the application for funds for the Transportation Enhancement Activities (TEA) Program for the Graham Hill Pedestrian Project for the 1998/99 through 2003/2004 Transportation Enhancement Activities Program; and adopted RESOLUTION NO. 125-99 approving the application for funds for the Transportation Enhancement Activities (TEA) Program for the Lake/Fifth Avenue Pedestrian Project, as recommended by the Director of Public Works 57. APPROVED $2,063,000 for road rehabilitation work on Empire Grade Road, Freedom Boulevard and Soquel-San Jose Road as the County's application to the Santa Cruz County Regional Transportation Commission (SCCRTC) for funding consideration from the 1998 State Transportation Improvement Program (STIP) Augmentation revenue; and directed Public Works to return during the hearing on the Road Budget with the application process results, as recommended by the Director of Public Works 58. APPROVED Contract Change Order No. 1 in the amount of $10,719.45 for the Valencia Road Storm Damage Repair; authorized the Chairperson to sign the Change Order; and approved related actions, as recommended by the Director of Public Works 59. APPROVED purchase of a warning light board, in a not- to-exceed amount of $4,000, as recommended by the Director of Public Works 60. APPROVED agreement with the City of Watsonville for purposes of installing a vehicular video detection system at the Airport Boulevard and Freedom Boulevard intersection and to reimburse the City of Watsonville for one-half of the cost of the improvement; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 61. ADOPTED RESOLUTION NO. 126-99 accepting and appropriating unanticipated revenue in the amount of $1,733.75 from Pacific Gas and Electric and Soquel Creek Water District for services under County Service Area No. 25, as recommended by the Director of Public Works 62. CONTINUED TO APRIL 27, 1999 consideration to approve change request for Tan Heights Subdivision Tract 1295 63. APPROVED contract in the amount of $31,500 with North Coast Fisheries Restoration for the implementation of the San Vicente Stream Enhancement Project Grant, as recommended by the Planning Director 64. APPROVED FEMA payment in the amount of $5,802 from HMGP funds to Dunbar and Craig for Felton Grove Elevation Project survey services, as recommended by the Planning Director 65. APPROVED the Memorandum of Understanding between the County and the City of Watsonville regarding the review of future city annexations of lands west of Highway 1; and authorized the Planning Director to sign the Memorandum of Understanding, as recommended by the Planning Director WBS(C)A 66. ADOPTED RESOLUTION NO. 127-99 accepting and appropriating unanticipated revenue in the amount of $50,000 from the Fish and Game Advisory Fund; approved disbursement of $8,800 for a wetland restoration project at Lombardi Creek; and approved related actions concerning the use of settlement funds, as recommended by the Planning Director 67. ADOPTED RESOLUTION NO. 128-99 accepting a portion of the open space easement dedicated to the County for construction of the Harper Court Pedestrian Bridge; and directed Clerk of the Board to take related actions, as recommended by the Director of Parks, Open Space and Cultural Services 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.: Marmolojo v. County of Santa Cruz, WCAB (SAL 49619) 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 (APN if no street address): APN: 75-282-12 (Lompico) Negotiating parties (not agents): Mark Fogel and C. Patrick Dugan REPORT OF COUNTY COUNSEL - The Board approved supporting the Petition for Review in the California Supreme Court that was filed by the County of Sacramento in the case of in re Joel T., et al., 70 Cal. App. 4th 248 (BSWCA) 68.1 APPROVED reappointment of Max Camarillo to the Mental Health Advisory Board for a term to expire April 1, 2002, as recommended by Supervisor Symons 68.2 ACCEPTED AND FILED report on culturally competent group homes and facilities for post-disposition youth, as recommended by the Chief Probation Officer REGULAR AGENDA 69. APPROVED at-large appointment of Deborah Saint John to the Santa Cruz-Monterey County Managed Medical Care Commission (representative of a non-governmental community clinic), for a term of office to be staggered by lot SWBCA 70. Public hearing held on the Sunset Beach Water Main Extension Project; accept certification of balloting results; adopt resolution ordering changes and modifications; adopt resolution adopting engineer's report, confirming the increased assessment, ordering the work and acquisitions, and directing actions; accept low bid of West Coast Engineering; and approved related actions; (1) closed public hearing; (2) accepted the certification of balloting results and directed the Director of Public Works to retain the ballots for at least six months following the certification; (3) adopted RESOLUTION NO. 129-99 Ordering Changes and Modifications to Sunset Beach Water Main Extension Project Assessment District; (4) adopted RESOLUTION NO. 130-99 adopting Engineer's Report, Confirming the Increased Assessment, and Ordering the Work and Acquisitions, and Directing Actions with Respect Thereto; (5) continued to on or before June 8, 1999 consideration to accept the low bid of West Coast Engineering in the amount of $450,531 and authorize the Director of Public Works to sign the contract on behalf of the County; (6) directed the Clerk of the Board to file the Engineer's Report and assessment diagram along with the certificate and date of confirmation with the Office of the County Surveyor and to record the assessment diagram and notice of assessment with the office of the County Recorder; (7) directed the County Surveyor to mail a statement and amount of assessment to each property owner and to publish Notice to Pay Assessments in a newspaper circulated within the County per California Government Code Section 6066 SCBWA 71. CONSIDERED report on the Buena Vista Soil Management Project; continued matter to May 18, 1999, with additional directives that when this matter returns to the Board that plenty of time is allowed for the neighbors to receive the Public Works analysis and to respond; Board materials be received on Friday, May 14, 1999; that the suggestions of Supervisor Campos regarding discussions with the City of Watsonville and County staff be incorporated into the process; and an analysis of the testimony given by Mr. Higaki concerning what the proposed project would mean in relation to the timeline for new permitting WBSCA 72. CONSIDERED ordinance amending County Code Section 2.38.270C to add the Arts Commission to the list of Commissions required to adopt a Conflict of Interest Code; adopt resolution amending the Department of Parks, Open Space and Cultural Services list of employees responsible for filing an annual financial disclosure form; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return April 20, 1999 for final adoption; and adopted RESOLUTION NO. 131-99 amending "Exhibit A" to Resolution No. 440-79 which adopted the Conflict of Interest Code for the Department of Parks, Open Space and Cultural Services Pursuant to the Political Reform Act (1) WCBSA (2) BSWCA 73. CONSIDERED adoption of an ordinance regarding the installation of proposed stop signs on Cambridge Drive and Crestwood Drive and multi-way stop signs at East Zayante and Valley View Drive intersection; and approved related actions; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return April 20, 1999 for final adoption (1) SCBWA (2) BSWCA 74. RECEIVED bids regarding El Rancho Drive Storm Damage Repair and referred to Public Works to return with a recommendation on or before May 18, 1999 WBSCA 75. CONSIDERED recommendation to accept site improvements for Diamond Estates, Tract 1334; adopt resolution accepting all streets and Parcel "A" into the County Maintained Road System; adopt ordinance amending Chapter 9.28 of the County Code relating to stop signs; and related actions; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return on April 20, 1999 for final adoption; and adopted RESOLUTION NO. 132-99 accepting Agate Drive, Lapis Drive, Onyx Drive, Celia Drive and Parcel "A" into the County Maintained Road System (1) BWS(C)A (2) BSW(C)A 76. Public hearing held to consider a proposal to rezone APN: 064-211-72 from Special Use (SU) zone district to the Timber Production (TP) zone district. Requires a rezoning. The property is located on the east side of Empire Grade (4150 Empire Grade) at approximately 300 feet north of the intersection of Empire Grade and Smith Grade Roads; Application No.: 98-0665; APN: 064-211-72; Applicant: Gary Paul; Owner: Tim Peet; closed public hearing; approved the determination that the project is statutorily exempt from the California Environmental Quality Act (CEQA); adopted ORDINANCE NO. 4538 amending Chapter 13.10 of the Santa Cruz County Code changing from one zone district to another BWSCA 77. Public hearing held to consider a proposal to rezone APN: 100-151-01 from the Agriculture (A) zone district to the Timber Production (TP) zone district. Requires a rezoning. The property is located on the east side of Branciforte Drive (100 Bernita) at approximately 2 miles north of the intersection of Branciforte Drive and Happy Valley Road. Application No.: 98-0666; APN: 100-151-01; Applicant: Joe Culver, Webster and Associates; Owners: Huy Q. and Catherine L. Lam; closed public hearing; approved the determination that the project is statutorily exempt from the California Environmental Quality Act (CEQA); adopted ORDINANCE NO. 4539 amending Chapter 13.10 of the Santa Cruz County Code changing from one zone district to another BSWCA 77.1 ADOPTED RESOLUTION NO. 133-99 accepting and appropriating unanticipated revenue in the amount of $175,634 from insurance proceeds; adopted RESOLUTION NO. 134-99 accepting and appropriating unanticipated revenue in the amount of $118,144 from disaster center funds to the Loma Prieta Fire Station Project; and approved related transfer of funds, as recommended by the Director of General Services BSWCA 77.2 ACCEPTED AND FILED status report on the Juvenile Hall Overcrowding Task Force, with an additional directive to add one additional South County member to the Task Force BCSWA 77.3 ADOPTED RESOLUTION NO. 135-99 in support of Assembly Bill 748, regarding fees for timber harvesting plans; and approved related actions, as recommended by Supervisor Wormhoudt WBsCA 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 27, 1999