PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 97, NUMBER 12 APRIL 15, 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 See Item No. 69, Consent Agenda 3. Additions and Deletions to Consent Agenda 4. ORAL COMMUNICATIONS - One person 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 RSBAW 6. APPROVED claims as submitted by the Auditor-Controller 7. DELETED ITEM 8. DELETED ITEM 9. ADOPTED ORDINANCE NO. 4452 amending Sections 2.42.020 and 2.42.030 to the Santa Cruz County Code relating to Arts Commission Membership and Term of Office 10. ADOPTED ORDINANCE NO. 4453 authorizing amendment to the contract between the County of Santa Cruz and the Board of Administration of the California Public Employees' Retirement System 11. ADOPTED RESOLUTION NO. 121-97 amending Resolution No. 279-75 to implement classification study regarding Court consolidation, as recommended by the Personnel Director 12. ACCEPTED AND FILED Treasurer's Monthly Cash Report for period ending February 28, 1997, as recommended by the Treasurer-Tax Collector 13. AWARDED contract to Johnson and Company for $19,850 for Government Center Walkway and Curb Cut Improvements, and approved related actions, as recommended by the Director of General Services 14. ACCEPTED AND FILED status report on the Natural Gas Fueling Coalition Projects and directed the General Services Department to return on or before August 19, 1997 with a further report, as recommended by the Director of General Services 15. AWARDED contract to Roger D. Jones Construction, Incorporated, for $73,655 for Court Holding Cell Remodel Project, and approved related actions, as recommended by the Director of General Services 16. APPROVED 1996/97 Proposition 172 Local Public Safety Maintenance of Effort Calculation and directed the County Administrative Officer to sign and forward the 1996/97 certification form to the Auditor-Controller, as recommended by the County Administrative Officer 17. DENIED claim of Melvin Kusumoto No. 697-107 and referred to County Counsel 18. ADOPTED RESOLUTION NO. 122-97 setting 1997/98 Assessment Rates; and adopted RESOLUTION NO. 123-97 setting a public hearing on Tuesday, May 6, 1997, morning agenda, on the proposed Assessment Rate Report for the Mosquito Abatement District, as recommended by the Agricultural Commissioner 19. ACCEPTED AND FILED Annual Report of the Arts Commission, and approved related actions, as recommended by Chair Wormhoudt 20. ADOPTED ORDINANCE NO. 4454 amending Chapter 9.28 of the Santa Cruz County Code relating to Stop Intersections 21. ADOPTED RESOLUTION NO. 124-97 approving property tax exchange for LAFCO No. 832 (Village Associates/Burgstrom Reorganization), as recommended by the County Administrative Officer RSBAw 22. ADOPTED ORDINANCE NO. 4455 adding Chapter 2.119 to the Santa Cruz County Code establishing the Fire Department Advisory Commission 23. ADOPTED RESOLUTION NOs. 125-97 AND 126-97 accepting and appropriating unanticipated revenue associated with the Assembly Bill 818, State-County Property Tax Administration Program, as recommended by the County Assessor 24. DIRECTED the County Administrative Officer to prepare a report on or before June 3, 1997, as outlined, regarding costs associated with staff support for County advisory bodies; directed the County Administrative Officer to include membership information in the 1997/98 budget, as outlined; directed the County Administrative Officer to develop a policy relative to employee attendance at conferences, workshops and training sessions for submission to the Board prior to budget hearings, as outlined; and further directed the County Administrative Officer to report back at budget time regarding the total amount of insurance premiums, claims and defense costs (if any) the County has paid for Louden Nelson Community Center, and what steps would need to be taken to modify the agreement with the City, as recommended by Supervisor Symons 25. ACCEPTED AND FILED status report on the Juvenile Hall Cultural Competency Plan, including a report back on August 26, 1997, as recommended by the Personnel Director 26. APPROVED implementation of the General Representation Unit Memorandum of Understanding regarding domestic partner insurance benefits and approved related actions, as recommended by the Personnel Director 27. ACCEPTED report on the drug court planning grant and directed the Courts to return on May 6, 1997 with the required financial transactions for formal acceptance of the grant, as recommended by the Executive Officer of the Trial Courts 28. APPROVED plans and specifications for the construction of a warehouse at 100 Rountree Lane in Watsonville; directed the General Services Department to advertise for bids; set bid opening for Tuesday, May 20, 1997 at 10:45 a.m.; accepted and filed supplemental report on the project budget and financing for the Sheriff's Warehouse/Evidence Storage Facility; and approved proposed financing plan for the Warehouse/Evidence Storage Facility, as recommended by the Director of General Services and the County Administrative Officer 29. DELETED ITEM 30. AUTHORIZED the Public Works Director to waive dump fees relating to the Scotts Valley Fire Protection District training, as outlined, as recommended by Supervisor Almquist 31. ADOPTED RESOLUTION NO. 127-97 supporting Assembly Bill 963 relating to the California Gang, Crime and Violence Partnership Program, as recommended by Supervisor Wormhoudt 32. APPROVED transfer of funds in the amount of $1,200 from the business expense account allocated for Supervisor Symons to the Parks, Open Space and Cultural Services Department for use in connection with the Polo Grounds project; adopted RESOLUTION NO. 128-97 accepting unanticipated revenues, as recommended by Supervisor Symons 33. APPROVED plans and specifications for seismic upgrade at 1070 Emeline Avenue; directed the General Services Department to advertise for bids; and set bid opening for Tuesday, May 20, 1997 at 10:45 a.m., as recommended by the Director of General Services 34. CONTINUED TO MAY 6, 1997 consideration to approve lease agreement with the Santa Cruz AIDS Project for office space at 1070 Emeline Street and authorize the General Services Department to sign the agreement 35. AUTHORIZED various minor staffing changes in California Children's Services program, as recommended by the Health Services Agency Administrator 36. ADOPTED RESOLUTION NO. 129-97 setting a public hearing on Tuesday, May 6, 1997, on the proposed benefit assessments/service charges for County Service Area No. 12 for improved wastewater management, and on the proposed 1997/98 Assessment/Service Charge Reports for County Service Area No. 12; and approved related actions, as recommended by the Health Services Agency Administrator 37. ACCEPTED AND FILED report on various Mental Health managed care efforts, with a report back during budget hearings; and approved related actions, as recommended by the Health Services Agency Administrator 38. APPROVED agreement with Dientes Community Dental Clinics for dental services to the Early Intervention Program and authorized the Health Services Administrator to sign the agreement, as recommended by the Health Services Agency Administrator 39. AUTHORIZED the Health Services Agency Administrator to sign the contract with Coastal Healthcare Administrators for medical claims administration and utilization review services, as recommended by the Health Services Agency Administrator 40. ADOPTED RESOLUTION NO. 130-97 accepting and appropriating unanticipated revenue of $64,616 for the Perinatal Outreach and Education (POE) program, as recommended by the Health Services Agency Administrator 41. ACCEPTED AND FILED report on the Needle Exchange Program relating to the spread of HIV/AIDS; and approved related actions, as recommended by the Health Services Agency Administrator 42. APPROVED contract with PSP Information Group, Incorporated, for Mental Health Software Maintenance in the amount of $125,000; and authorized the Health Services Agency Administrator to sign, as recommended by the Health Services Agency Administrator 43. AUTHORIZED the Acting Human Resources Agency Administrator to sign a lease with Harry Spade and Nancy Cook Spade for space at 1100 Main Street in Watsonville for the Income Maintenance and Job Training Partnership Act - CareerWorks Division, as recommended by the Acting Human Resources Agency Administrator 44. AUTHORIZED the Acting Human Resources Agency Administrator to negotiate contracts with qualified providers of Summer Youth Employment and Training Programs (SYETP) academic enrichment services and directed the Acting Human Resources Agency Administrator to return with the contracts on or before May 20, 1997, as recommended by the Acting Human Resources Agency Administrator 45. AUTHORIZED the Acting Human Resources Agency Administrator to issue Requests for Proposals for the Family Preservation Program and the Child Abuse Prevention, Intervention and Treatment Program, and return on June 17, 1997 with recommendations for contract awards, as recommended by the Acting Human Resources Agency Administrator 46. ADOPTED RESOLUTION NO. 131-97 accepting unanticipated revenue in the amount of $4,497; approved amendments to Family Preservation and Support Programs contracts with the Youth Resources Bank and the Institute for Community Collaborative Studies; and approved related actions, with a further report back on September 9, 1997, as recommended by the Acting Human Resources Agency Administrator 47. ACCEPTED grant award in the amount of $159,350 from the David and Lucile Packard Foundation for the Building Self-Sufficient Families project; and adopted RESOLUTION NO. 132-97 accepting and appropriating unanticipated revenue in the amount of $53,488, as recommended by the Acting Human Resources Agency Administrator 48. ACCEPTED AND FILED report on 1996/97 Road Overlay Program revisions; approved transfer of $61,000 to Soquel/San Jose Road Overlay Project, $180,000 to the Graham Hill Road Overlay Project, and $55,000 to the 30th Avenue Overlay Project; $14,500 to the Soquel Drive (Aptos) Overlay Project, $22,000 to the Davenport Landing Road Overlay Project and $193,000 to the Paulsen/Whiting, Browns Valley, Green Valley Roads Storm Damage Repairs; and approved related actions, as recommended by the Director of Public Works 49. SEE ITEM NO. 73.1, REGULAR AGENDA 50. APPROVED final map of Tract 1390, Avila Estates; authorized the Director of Public Works to sign the agreement; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 51. ADOPTED RESOLUTION NO. 133-97 authorizing the Department of Public Works to make grant applications to the Monterey Bay Unified Air Pollution Control District for fiscal year 1997/98 vehicle registration surcharge fee grant funds as authorized by Assembly Bill 2766 Grant Program for the East Cliff Drive Bicycle and Pedestrian Pathway and Wilder Ranch Bike Path Projects, as recommended by the Director of Public Works 52. ADOPTED RESOLUTION NO. 134-97 approving and accepting terms and conditions of agreements for Capitola Road Culvert Replacement Project right-of-way acquisitions; authorized the Director of Public Works to sign agreements; and approved payment of claims, as recommended by the Director of Public Works 53. ACCEPTED proposal in the amount of $8,378 from Ifland Engineers for Development of plans and specifications for storm damage repair on Redwood Drive, County Service Area No. 33; approved contract; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 54. APPROVED contract extension with Cascade Software for development and implementation of the Department of Public Works Cost Accounting System, as recommended by the Director of Public Works and the Auditor- Controller 55. ADOPTED RESOLUTION NO. 135-97 approving and accepting terms and conditions of the contract for property rights acquisition on Murphy Road (APN: 51-261-10); authorized the Director of Public Works to sign the agreement; and approved payment of claim, as recommended by the Director of Public Works 56. ADOPTED RESOLUTION NO. 136-97 approving and accepting terms and conditions of contract for property rights acquisition on Murphy Road in Monterey County (APN: 267-011-09); directed Public Works to forward agreement and resolution to Monterey County Board of Supervisors; and approved payment of claim, as recommended by the Director of Public Works 57. ADOPTED RESOLUTION NO. 137-97 setting Tuesday, May 6, 1997, during the morning agenda for a public hearing on the proposed 1997/98 benefit assessment/service charge rates; and on the proposed benefit assessment/service charge reports for various County Service Areas; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 58. ADOPTED RESOLUTION NO. 138-97 accepting terms and conditions of rights-of-entry contracts for the Teilh Drive Bridge Replacement Project and authorized the Director of Public Works to sign the documents, as recommended by the Director of Public Works 59. ADOPTED RESOLUTION NO. 139-97 opposing the proposed State ballot initiative to add the "Government Cost Savings and Taxpayers Protection Amendment" to the California Constitution, as recommended by the Director of Public Works rSBAW 60. ACCEPTED AND FILED report on status of ordinance amendments relating to greenhouses and approved related actions, as recommended by the Planning Director 61. SCHEDULED public hearing for Tuesday, May 6, 1997, for the afternoon calendar (beginning at 1:30 p.m.) to consider the recommendation of the Planning Commission on a proposal to create 30 single-family residential lots and three conservation parcels; requires a Subdivision and a Residential Development Permit; property located on the west side of Hilltop Road approximately 1,500 feet west from Soquel-San Jose Road; Application No. 93-0719; Applicant/Owner: Tan Heights Associates, as recommended by the Planning Director 62. SCHEDULED public hearing for Tuesday, May 20, 1997, for the afternoon calendar, to consider the recommendation of the Planning Commission on a proposal to rezone APN: 037-211-40 from R-1-6 and R-1- 9 to RM-6 as required by Residential Development Permit No. 85-0046; property located on the south side of Soquel Drive, approximately 50 feet east of Monterey Avenue; Application No. 96-0760; Applicants/Owners: Stephen and Julie Marsalis, as recommended by the Planning Director 63. ADOPTED RESOLUTION NO. 140-97 opposing Senate Bill 466, relating to annexation procedures, as recommended by the Planning Director 64. APPROVED and authorized the County Parks Director to submit the "statement of purpose" for the County exhibit to the California Exposition and State Fair, as recommended by the Director of Parks, Open Space and Cultural Services 65. ACCEPTED the Highlands Park Road and Tennis Court Improvement project as completed; approved final costs for the project in the total amount of $84,551; and authorized the Clerk of the Board to file the Notice of Completion, as recommended by the Director of Parks, Open Space and Cultural Services 66. DEFERRED consideration of a recommendation for guidelines and procedures for relocation and rental rates for County-owned property to June 10, 1997, as recommended by the Director of Parks, Open Space and Cultural Services 67. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED public hearing for Tuesday, June 3, 1997, for the morning calendar, to review the Redevelopment Implementation Plan for the Live Oak-Soquel Project Area, as recommended by the Redevelopment Agency Administrator 68. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on the Live Oak Library projects, as recommended by the Redevelopment Agency Administrator 69. 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.: Farris v. Santa Cruz County Flood Control and Water Conservation District (Case No. 131476); Allyn v. County (WCAB Nos. 1105653, 1107096 and 1107771) 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. ACCEPTED additional item for consideration according to criteria specified which is that the Federal Health Care Financing Administration requires a response by April 24, 1997 (RABSW). Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code 54956.9 for one additional potential case LIABILITY CLAIMS Claimant(s): John Massey and William Fischette; James Fairbanks CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Personnel Director All employee organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors authorized the Director of Mental Health Services to contract with the law firm of Weissberg and Aaronson in an amount not to exceed $10,000 to provide legal consultation regarding issues raised by the Federal Health Care Financing Administration (BSRAW) 69.1 APPROVED road closure and celebration scheduled for May 4, 1997 and directed the Public Works Department to process and issue a permit for the Davenport Cinco De Mayo Celebration, as recommended by the Director of Public Works 69.2 ADOPTED RESOLUTION NO. 141-97 adopting revised rules for conducting balloting procedures for assessments under Article XIIID, Section 4 of the Constitution, as recommended by County Counsel REGULAR AGENDA 70. APPROVED reappointment of Mary McCann-Jenni to the Area Developmental Disabilities Board VII, for a term to expire January 1, 2000 RSBAW 71. CONSIDERED annual and administrative report of the Soquel Village Parking and Business Improvement Area and a proposed amendment to Chapter 9.42; closed public hearing; accepted and filed report; approved the proposed amendment to Chapter 9.42 "in concept" and set the second reading of the ordinance amendment for Tuesday, May 6, 1997; adopted RESOLUTION NO. 142-97 of intention to establish Business Improvement Assessment Charges for the 1997-1998 Fiscal Year; and adopted RESOLUTION NO. 143-97 of intention to establish Parking Improvement Charges for the 1997-1998 Fiscal Year BRSAW 72. Study session held on Animal Control and considered an ordinance amending various sections of Title 6 of the County Code relating to animals; accepted and filed report on Animal Control Services with direction to the County Administrative Office to return with a further report during the 1997/98 budget hearings including consideration of issues raised by the Board of Supervisors during this study session; accepted and filed the recommendations of the working group regarding "park and listen" and "dog at large" response protocols and directed the SPCA to collect data on these protocols and report back to the Board at the 1998/99 budget hearings; accepted and filed the second annual report on Chapter 6.10: Regulation of Animal Breeding RBSAW 73. RECEIVED bids regarding Burrell Creek Culvert Replacement and referred to Public Works to return with a recommendation on or before May 5, 1997 RABSW 73.1 CONTINUED TO MAY 6, 1997 consideration to approve plans, specifications and engineer's estimate and authorize calling for bids for the Capitola Road Culvert Replacement at Rodeo Gulch; set bid opening for Tuesday, May 20, 1997 at 10:45 a.m.; and approve related actions BRSAW 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 May 6, 1997