PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 99, NUMBER 14 MAY 18, 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 WBSCA 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of April 27, 1999 and May 4, 1999, as recommended by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received during the period of May 3, 1999 through May 14, 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. ADOPTED RESOLUTION NO. 162-99 accepting and appropriating unanticipated revenue in the amount of $3,500 to support the purchase of a computer projector, as recommended by the Auditor-Controller 10. ACCEPTED the County Administrative Officer's proposed budget for the County of Santa Cruz for fiscal year 1999/00 as the basis for deliberations during the budget hearings; set Wednesday, June 16, 1999 as the date to begin public hearings on the proposed budget; and approved related actions, as recommended by the County Administrative Officer 11. ADOPTED RESOLUTION NO. 163-99 accepting and appropriating unanticipated revenue in the amount of $43,411 for Building Maintenance Projects, as recommended by the Director of General Services 12. APPROVED user agreement with the City of Santa Cruz for the supply of compressed natural gas for fueling city vehicles; and authorized the General Services Director to sign the agreement, as recommended by the Director of General Services 13. APPROVED plans and specifications for replacing the 26th Avenue Beach Access Stairway; directed the General Services Department to advertise for bids; and set bid opening for Tuesday, June 15, 1999 at 10:45 a.m., as recommended by the Director of General Services 14. APPROVED plans and specifications for the re-roofing project at 1070 Emeline Avenue; directed the General Services Department to advertise for bids; and set bid opening for Tuesday, June 15, 1999 at 10:45 a.m., as recommended by the Director of General Services 15. SCHEDULED public hearing for morning agenda of Tuesday, June 8, 1999 to consider an ordinance amending Chapter 7.92 of the Santa Cruz County Code relating to the Fire Code; and approved related actions, as recommended by the Director of General Services 16. AUTHORIZED the Auditor-Controller to distribute excess proceeds from the March 12, 1998 Auction as recommended no less than 90 days following this approval; and directed the County Tax Collector to notify by first class mail, postage prepaid, all claimants of this approval, as recommended by the Treasurer-Tax Collector 17. DENIED claim of Benjamin N. Potkin, M.D., No. 899-119 and referred to County Counsel 18. DENIED claim of Rhodes and Kesling, No. 899-121 and referred to County Counsel 19. DENIED claim of Jed A. Oliver and Penelope M. Oliver, No. 899-122 and referred to County Counsel 20. DENIED claim of Billy Quealy, No. 899-129, and referred to County Counsel 21. ACCEPTED nomination of Jill Ginghofer as an at-large appointee to the Long Term Care Interagency Commission, as the representative of a caregiver resource center, for a term to expire April 1, 2000, with final appointment to be made May 25, 1999, as recommended by Supervisor Beautz 22. APPROVED appointment of Carl Sprague to the Housing Advisory Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos 23. ACCEPTED AND FILED annual report of the Ambulance Contract Compliance Commission; and approved related actions, as recommended by Chairperson Almquist 24. DIRECTED County Counsel to consult with Environmental Health and the Agricultural Commissioner relative to the provisions of State law and County policies regulating the storage and frequency of inspections of agricultural hazardous materials; with a report to the Board on or before June 22, 1999, as recommended by Chairperson Almquist 25. SCHEDULED a study session with the Board of Directors and staff of the Pajaro Valley Water Management Agency for Tuesday, May 25, 1999, at 1:30 p.m.; and directed the County Administrative Office to coordinate with Agency staff on the preparation of appropriate materials and presentations, as recommended by Chairperson Almquist 26. APPROVED appointment of Raymon Hoffman to the Historic Resources Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos 27. APPROVED appointment of Carl Johnson to the Disaster Council for a term to expire April 1, 2003, as recommended by Supervisor Campos 28. ACCEPTED AND FILED status report on Census 2000 activities; and directed the County Administrative Officer to return on June 8, 1999, with further information, as recommended by the County Administrative Officer 29. ADOPTED RESOLUTION NO. 164-99 authorizing the District Attorney to reapply to the Office of Criminal Justice Planning for fiscal year 1999/2000 Gang Violence Suppression Program funding, as recommended by the District Attorney 30. AWARDED contract to Watsonville Construction in the amount of $484,000 for the Bonny Doon Replacement Fire Station; adopted RESOLUTION NO. 165-99 accepting unanticipated revenue in the amount of $42,540 from Roger Jones Construction for defaulted bid on construction project; adopted RESOLUTION NO. 166-99 accepting unanticipated revenue in the amount of $13,000 from Public Facility Retrofit for Bonny Doon Replacement Fire Station Program; adopted RESOLUTION NO. 167-99 accepting unanticipated revenue from County Fire Department for Bonny Doon Replacement Fire Station; authorized the Director of General Services to sign the agreement; and approved related actions, as recommended by the Director of General Services 31. ADOPTED RESOLUTION NO. 168-99 accepting unanticipated revenue in the amount of $294,950 from Lease Inception for Vehicles Program to recognize the Vehicle Lease Program for the 1998/99 fiscal year; and authorized the Director of General Services to sign the lease agreement, as recommended by the Director of General Services 32. ACCEPTED AND FILED the proposed 1999/00 Capital Improvement Program document; and scheduled study session on the proposed Capital Improvement Program for June 15, 1999, as recommended by the County Administrative Officer 33. ADOPTED RESOLUTION NO. 169-99 supporting the passage of ACA 17; adopted RESOLUTION NO. 170-99 supporting the passage of AB 1194, supporting the return of Educational Revenue Augmentation Funds to local governments, and approved related actions, as recommended by Chairperson Almquist 34. APPROVED appointment of Neil McQueen as the representative of the Surfrider Foundation on the North Coast Beaches Advisory Committee, for a term to expire December 31, 1999, as recommended by Chairperson Almquist 35. ADOPTED RESOLUTION NO. 171-99 urging the closure of Highway 9 in Felton for the "All Out August" street fair, subject to the conditions in the road closure permit; and directed the Public Works Department to issue the permit, as recommended by Supervisor Almquist 36. ADOPTED RESOLUTION NO. 172-99 authorizing the District Attorney to reapply to the Office of Criminal Justice Planning for fiscal year 1999/2000 Anti-Drug Abuse Enforcement Program funding in the amount of $259,476, and partially waive the requirement for the recovery of indirect costs from the Office of Justice Planning Anti-Drug Abuse Enforcement Program during grant year July 1, 1999 through June 30, 2000, as recommended by the District Attorney 37. DIRECTED the County Administrative Office to analyze the 1999/00 budget request by the Community Children's Center for $7,000 to cover rental costs; and to include in the proposed 1999/00 budget a recommendation providing an appropriate level of assistance, as recommended by Supervisor Wormhoudt 38. APPROVED recommendations regarding Public Defender Conflict of Interest services for the period of July 1, 1999 through June 30, 2002, as recommended by the County Administrative Officer 39. DEFERRED report on the dissolution of the Ambulance Contract Compliance Commission to June 8, 1999, as recommended by the Health Services Agency Administrator 40. ADOPTED RESOLUTION NO. 173-99 accepting and appropriating unanticipated revenue in the amount of $7,499 in Proposition 10 funds, as recommended by the Health Services Agency Administrator 41. APPROVED contract amendment with Santa Cruz Community Counseling Center in the amount of $5,360; and approved release of a Request for Proposals for a 10- bed adolescent treatment facility and related services; directed the Health Services Agency to proceed with the process of selection of a provider; and report back to the Board on August 10, 1999, with recommendations, as recommended by the Health Services Agency Administrator 42. ADOPTED RESOLUTION NO. 174-99 setting a public hearing for Tuesday, June 8, 1999 on the proposed benefit assessment/service charges and the proposed 1999/2000 Assessment/Service Charge Report for County Service Area No. 12, Wastewater Management; and approved related actions, as recommended by the Health Services Agency Administrator 43. ACCEPTED AND FILED the updated report on a youth treatment facility for probation youth in the South County; and directed the Health Services Agency to report back with additional information and recommendations at the Health Services Agency budget hearings in June, 1999, as recommended by the Health Services Agency Administrator 44. APPROVED the multi-year agreement with CLEW Associates in the amount of $30,240 to provide for implementation of an automated system for reporting and mapping alcohol and drug involvement in police calls for service; and authorized the Health Services Agency Administrator to sign agreement, as recommended by the Health Services Agency Administrator 45. ACCEPTED AND FILED report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Administrator 46. SEE ITEM NO. 88.1, REGULAR AGENDA 47. ADOPTED RESOLUTION NO. 175-99 approving the $22,973 funding application for the 1999/2000 Dental Disease Prevention Program; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 48. ADOPTED RESOLUTION NO. 176-99 supporting renewal of the Cooperative Agreement with the State Department of Rehabilitation; authorized the Health Services Agency Administrator to sign the State Standard Agreement; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 49. ADOPTED RESOLUTION NO. 177-99 accepting and appropriating unanticipated revenue in the amount of $239,608; and approved transfer of funds in the Job Training Partnership Act (JTPA) Program, as recommended by the Human Resources Agency Administrator 50. APPROVED the Welfare-to-Work Formula Grant Plan Modification; and authorized the Board Chairperson to sign and submit document to the State, as recommended by the Human Resources Agency Administrator 51. ADOPTED RESOLUTION NO. 178-99 accepting unanticipated revenue in the amount of $26,000 for FY 98/99 and appropriate these funds into the Human Resources Agency budget; and approved related actions, as recommended by the Human Resources Agency Administrator 52. APPROVED the Request for Transfer of Appropriations in the amount of $408,000 for Child Care Programs, as recommended by the Human Resources Agency Administrator 53. ACCEPTED AND FILED report on the expansion of the South County HRA/HSA Program Space; and directed the Human Resources Agency Administrator to return on June 15, 1999 for approval of a final lease agreement, as recommended by the Human Resources Agency Administrator 54. APPROVED the JTPA contracts with Arbor, Inc., City of Watsonville Enterprise Community, Community Action Board/City of Santa Cruz Parks and Recreation Department, New School (Pajaro Valley Unified School District), Santa Cruz Adult and Community Education and YMCA of the Redwoods; and authorized the Human Resources Agency Administrator to sign the agreements, as recommended by the Human Resources Agency Administrator 55. ADOPTED RESOLUTION NO. 179-99 authorizing an agreement with the State of California to accept $224,813 in transportation exchange funds and $100,000 in State matching funds; approved federal Apportionment Exchange Program Agreement; authorized the Chairperson to sign the agreement; and approved related actions, as recommended by the Director of Public Works 56. ADOPTED RESOLUTION NO. 180-99 authorizing an agreement with the State of California to accept federal funding for the right-of-way and preliminary engineering portions of the Bridge Seismic Retrofit Program; approved program supplement in the amounts of $75,000 and $32,000; authorized the Director of Public Works to sign the agreement; and approved related actions, as recommended by the Director of Public Works 57. ADOPTED RESOLUTION NO. 181-99 approving the proposed filing of grant applications to the Monterey Bay Unified Air Pollution Control District for fiscal year 1999/2000 vehicle registration surcharge fee grant funds; and appointed John Fantham, Director of Public Works, and the Department of Public Works, administrating agency applicant to sign and submit all documents necessary for the completion of the projects, as recommended by the Director of Public Works 58. APPROVED plans, specifications and engineer's estimate and authorized calling for bids for the Trout Gulch Road Improvement Project; set bid opening for Tuesday, June 22, 1999 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 59. APPROVED plans, specifications and engineer's estimate and authorized calling for bids for the Morrell Road/Old Santa Cruz Highway storm damage repair; set bid opening for Tuesday, June 15, 1999 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 60. APPROVED final map of Tract 1410, Alexandria Gardens; authorized the Director of Public Works to sign the subdivision agreement; and approved related actions, as recommended by the Director of Public Works 61. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED plans, specifications and engineer's estimate and authorized calling for bids for Casillas Gravity Sewer Main Reconstruction; set bid opening for Tuesday, June 15, 1999 at 10:45 a.m.; and approved related actions, as recommended by the District Engineer 62. ADOPTED RESOLUTION NO. 182-99 approving and accepting terms of contracts for County Service Area No. 36 storm damage repair - Baker Road and Hayward Drive; approved payment of claim; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 63. APPROVED status report on the Buena Vista Landfill Gas Power Project; directed Public Works to continue working with the Monterey Bay Unified Air Pollution Control District to find a solution to the Emission Reduction Credit requirements for the Buena Vista Gas Power Project; and directed Public Works to return on or before August 10, 1999, with a status report on the Buena Vista Landfill Gas Power Project, as recommended by the Director of Public Works 64. APPROVED use of $678 in savings from the purchase of a pressure washer to purchase a flail mower, as recommended by the Director of Public Works 65. ADOPTED RESOLUTION NO. 183-99 certifying the County maintained road mileage, and approved related actions, as recommended by the Director of Public Works 66. AUTHORIZED the acceptance of the dedication of a portion of Jose Avenue for street purposes; and adopted RESOLUTION NO. 184-99 accepting Offer of Dedication of Parcel "D", as recommended by the Director of Public Works 67. ACCEPTED low bid of Monterey Peninsula Engineering in the amount of $141,122 for the El Rancho Drive Storm Damage Repair, and authorized the Director of Public Works to sign, as recommended by the Director of Public Works 68. ADOPTED RESOLUTION NO. 185-99 setting for the morning agenda of Tuesday, June 8, 1999 a public hearing on the proposed 1999/00 Benefit Assessment/Service Charge Rates and on the 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 69. ITEM DELETED 70. APPROVED road closure for the La Selva Beach Fourth of July Parade; and directed Public Works to issue the parade permit, as recommended by the Director of Public Works 71. APPROVED road closure for the Twenty-Seventh Annual Wharf-to-Wharf Race for July 25, 1999; and directed the Public Works Department to issue the race permit, as recommended by the Director of Public Works 72. APPROVED road closure for the Aptos Fourth of July Parade; and directed Public Works to issue the parade permit, as recommended by the Director of Public Works 73. ACCEPTED the gift of Redwood Stumps from Lone Star Industries for use in the San Vicente Creek Fishery Restoration Project; and directed the Chairperson of the Board to send a letter expressing the County's appreciation for the gift to Lone Star Industries, as recommended by the Planning Director 74. APPROVED expenditure from County Fish and Game Commission budget to fund various projects, as recommended by the Planning Director 75. SCHEDULED public hearing for the morning agenda of June 8, 1999 to consider the annual progress report on Measure C implementation, as recommended by the Planning Director 76. ACCEPTED AND FILED report on South County Permit Center; adopted RESOLUTION NO. 186-99 accepting and appropriating unanticipated revenue in the amount of $69,737; and approved related actions, including a report back on or before August 3, 1999, as recommended by the Planning Director 77. DEFERRED progress report on Soquel Creek Water District issues to June 15, 1999, as recommended by the Planning Director 78. ADOPTED RESOLUTION NO. 187-99 supporting the passage of Senate Bill 574, relating to financing of mobile home park conversions, and approved related actions, as recommended by the Redevelopment Agency Administrator 79. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED plans and specifications for the Jose Avenue Park Development Project; directed the General Services Department to advertise for bids; and set bid opening for Tuesday, June 15, 1999 at 10:45 a.m., as recommended by the Director of General Services 80. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract in the amount of $189,200 with Bellinger Foster Steinmetz for Anna Jean Cummings Park Design Services; authorized the Redevelopment Agency Administrator to sign the contract on behalf of the county; adopted RESOLUTION NO. 188-99 accepting unanticipated revenue in the amount of $120,000 from Capital Projects Bond Proceeds, as recommended by the Redevelopment Agency Administrator 81. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ALLOCATED $425,000 for the Soquel Drive Bridge Replacement Project; adopted RESOLUTION NO. 189-99 accepting unanticipated revenue in the amount of $50,000 from Capital Project Bond Proceeds Reserves, as recommended by the Redevelopment Agency Administrator 82. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the proposed 1999-2000 Redevelopment Agency Budget; scheduled a public hearing for 1:30 p.m. on June 18, 1999; and approved related actions, as recommended by the Redevelopment Agency Executive Director 83. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DENIED claim of Rhodes and Kesling, No. 899-121 and referred to County Counsel 84. 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.: Bazar v. County of Santa Cruz (Santa Cruz Superior Court Case Number 134334); Weaver v. County (WCAB SAL 82518); Barnhill v. County (WCAB SAL 75837); People v. Gonzales, (Santa Cruz Superior Court Case No. S7-09119); Appeal of Buena Vista Soil Management Project, Coastal Commission No. A-3-SCO-98- 096 and Buena Vista Community Association v. County of Santa Cruz (Santa Cruz County Case No. 134742) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for two potential cases. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Personnel Director All employee organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors authorized County Counsel to file an appeal in the case of People v. Gonzales (Santa Cruz Superior Court Case No. S7-09119) involving the exoneration of a bail bond (BSWCA) 84.1 ADOPTED RESOLUTION NO. 190-99 setting Tuesday, June 8, 1999, during the morning agenda, as the date for a public hearing on the proposed Assessment Rates, and Assessment Rate Report for Mosquito Abatement/Vector Control, County Service Area No. 53; and approved related actions, as recommended by the Agricultural Commissioner REGULAR AGENDA 85. APPROVED at-large reappointment of Francie Newfield to the Long Term Care Interagency Commission (in the category of "person with demonstrated interest in the area of Organic Brain Syndrome"), for a term to expire April 1, 2002 WBSCA 86. Public hearing held on the proposed increased assessment rates for County Service Area Nos. 13 (Zone B, Lower Hutchinson Road); 18 (Whitehouse Canyon); 34 (Larsen Road); 36 (Forest Glen, Baker Road Zone); 43 (Bonito Encino) and 55 (Riverdale Park, Zone B); closed public hearing; and directed Public Works to return on June 8, 1999 with the tabulation of the ballots SCBWA 87. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held to consider adoption of an ordinance amending District Code Title 4, Chapter 4.08, Article III, Section 4.08.160 through 4.08.180, for sewer service charges; closed public hearing; read title and waived detailed reading of complete ordinance; adopted ORDINANCE NO. 53 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges BSWCA 88. Public hearing held to consider adoption of an ordinance amending Chapter 12.10 of the County Code to adopted the 1997 Uniform Building Code, 1997 Uniform Mechanical Code, 1997 Uniform Plumbing Code, and the 1996 National Electrical Code, as amended by Title 24 of the California Code of Regulations; closed public hearing; read title and waived detailed reading of complete ordinance; approved ordinance "in concept" to return May 25, 1999 for final adoption BSWCA 88.1 APPROVED agreement with Monterey County for emergency medical administrative services; and authorized the Health Services Agency Administrator to sign the agreement; with an additional directive that the Health Services Agency Administrator report back to the Board in August, 1999 on the progress of the contract with Monterey County BWSCA 89. CONSIDERED report and recommendations on the Buena Vista Soil Management Project; the Board of Supervisors gave conceptual approval of its intention to use the Watsonville site rather than the Rocha site for landfill soil storage; directed County Counsel to return on May 25, 1999 to advise the Board whether the pending lawsuit had been satisfactorily disposed of, and that if it had at that point, the Board would authorize staff to enter into negotiations with the City of Watsonville for the temporary storage of excavated soils from the county landfill onto the city landfill property; and that those negotiations include a consideration of the storage of city landfill soil on the county landfill side at some future period when that might be useful to the city for its expansion purposes; and directed staff to report back within a month of commencing those negotiations on the progress of negotiations, the perimeters of the issues under discussion, and a proposed timeline for completing negotiations and beginning on the approval process WBSCA 90. Presentation made by the students of Santa Cruz Gardens Elementary School; presented proclamation honoring Yolanda Gutierrez Miller BCSWA 91. Bid opening held regarding Village Fair Antiques Renovation; the Board took no action 92. CONSIDERED ordinance amending the time limitations for the Live Oak-Soquel Redevelopment Project Area consistent with Assembly Bill 1342; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return May 25, 1999 for final adoption; accepted and filed report; and directed the Clerk of the Board to file Notice of Exemption (1) BASWC (2) BCSWA 93. Public hearing held to consider a proposal for an amendment to Agricultural Buffer Determination 96-0025 and a Map Correction to Minor Land Division 96-0501 to expand the building envelopes and reduce agricultural buffer setbacks. Property located on the south side of Mello View Lane, Pajaro Valley Planning Area. Application No. 98-0836; Assessor's Parcel Nos. 050- 391-01, 02, 03 and 04; Applicant: Hamilton Swift Land Use and Development Consultants; Owners: Henry J. and Helen A. Mello; closed public hearing; approved the determination that the project is Categorically Exempt from the California Environmental Quality Act; and approved Application No. 98-0836 based on the findings and subject to the conditions of approval, to include an amendment to Agricultural Buffer Determination 96-0025 and a Map Correction to Minor Land Division 96-0501 SCBwA 94. Presented report regarding long term operation of Felton and South County permit centers 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 June 8, 1999