PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 97, NUMBER 14 MAY 20, 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 001. All Supervisors present Moment of Silence and Pledge of Allegiance 002. Consideration of Late Additions to the Agenda See Item No. 82.1, Regular Agenda 003. Additions and Deletions to Consent Agenda 004. 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.) 005. Additions and Deletions to Regular Agenda CONSENT AGENDA RSBAW 006. APPROVED claims as submitted by the Auditor-Controller 007. APPROVED minutes of May 6, 1997, as recommended by the Clerk of the Board 008. ACCEPTED AND FILED notification of continuing contracts received May 5, 1997 through May 16, 1997 and approved upon adoption of the 1996/97 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board 009. ACCEPTED Treasurer's Monthly Cash Report for period ending March 31, 1997, as recommended by the Treasurer-Tax Collector 010. AUTHORIZED the County Administrative Officer to cast votes on behalf of the County of Santa Cruz on fees, charges and assessments, as recommended by the County Administrative Officer 011. ACCEPTED AND FILED the proposed 1997/98 Capital Improvement Program and scheduled a study session for June 10, 1997, as recommended by the County Administrative Officer 012. ACCEPTED the Public Works Office Remodel Project as complete; approved final cost of $18,676; and approved related actions, as recommended by the Director of General Services 013. ACCEPTED the County Administrative Officer's proposed budget for the County of Santa Cruz for Fiscal Year 1997/98; set Wednesday, June 18, 1997, as the date to begin public hearings on the 1997/98 proposed budget; and approved related actions, as recommended by the County Administrative Officer 014. DENIED claim of William M. Moores for refund of real property taxes for years 94/95, 95/96 and 96/97, as recommended by County Counsel 015. ACCEPTED AND FILED notification of submission of Motor Vehicle Reduction Grant application for fiscal year 1997/98, as recommended by the Sheriff-Coroner 016. AUTHORIZED release of the $3,500 which was deposited to cover the taxes on Assessor's Parcel Nos.: 009- 291-22 and -23 for 1995/96, as recommended by the Auditor-Controller 017. APPROVED the bylaws for the Treasury Oversight Commission, as recommended by the Treasurer-Tax Collector 018. APPROVED plans and specifications for the Ben Lomond Promenade Street Front Improvements; and directed the General Services Department to advertise for bids; set bid opening for Tuesday, June 17, 1997 at 10:45 a.m.; and approved related actions, as recommended by the Director of General Services 019. APPROVED plans and specifications for the Shore Trail, Dolphin/Sumner Trail Improvements; directed the General Services Department to advertise bids; set bid opening for Tuesday, June 17, 1997 at 10:45 a.m.; and approved related actions, as recommended by the Director of General Services 020. APPROVED plans and specifications for the Well Pump Water System at Polo Grounds County Park Site; directed the General Services Department to advertise for bids; set bid opening for Tuesday, June 17, 1997 at 10:45 a.m.; and approved related actions, as recommended by the Director of General Services 021. APPROVED plans and specifications for the Drainage System at Polo Grounds County Park Site; directed the General Services Department to advertise for bids; and set the bid opening for Tuesday, June 17, 1997 at 10:45 a.m.; and approved related actions, as recommended by the Director of General Services 022. ADOPTED RESOLUTION NO. 208-97 accepting and appropriating unanticipated cost applied revenue in the amount of $100,000 from the sale of supplies; and approved related actions, as recommended by the Director of General Services 023. AUTHORIZED the purchase of a Rapiscan Model 520 EPX X- ray System and approved transfer of funds within the Detention Bureau budget for said purchase, as recommended by the Sheriff-Coroner 024. SEE ITEM NO. 82.5, REGULAR AGENDA 025. DENIED claim of Dayna Wells No. 697-120 and referred to County Counsel 026. SEE ITEM NO. 85.3, REGULAR AGENDA 027. DENIED claim of Marselina Schmidt No. 697-124 and referred to County Counsel 028. DENIED claim of Edwin J. and Claudette M. Gunderson and referred to County Counsel 029. DENIED claim of Danny J. Elliott No. 697-130 and referred to County Counsel 030. DENIED claim of Georgiana Wilkins No. 697-132 and referred to County Counsel 031. APPROVED out-of-state travel for Detective Tom Gilbertson to attend the Community Policing to Combat Domestic Violence Grant Program Training Conference in Phoenix, Arizona, on July 15 through 17, 1997, as recommended by the Sheriff-Coroner 032. ADOPTED RESOLUTION NO. 209-97 accepting and appropriating unanticipated revenue in the amount of $29,850 for costs associated with the Child Support Commissioner and Family Law Facilitator, as recommended by the Executive Director of the Courts 033. ADOPTED RESOLUTION NOS. 210-97 THROUGH 213-97 in support of Senate Bill 62, Assembly Bill 1429, Senate Bill 65 and Assembly Bill 1464 relating to coastal protection and clean water; directed the Health Services Agency Administrator to report back on June 10, 1997 regarding Assembly Bill 411; and approved related actions, as recommended by the County Administrative Officer 034. SEE ITEM NO. 85, REGULAR AGENDA 035. SEE ITEM NO. 82.2, REGULAR AGENDA 036. APPROVED appointment of Carolyn L. Mitchell to the Animal Nuisance Abatement Appeals Commission for a term to expire April 1, 2001, as recommended by Supervisor Symons 037. APPROVED appointment of Shirley N. Fischer and William Sharpe to the Place De Mer Geologic Hazard Abatement District Board of Directors until the next district general election and until any person elected at that election has been qualified, as recommended by Chair Wormhoudt 038. APPROVED appointment of Ivan William Foote to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2001, as recommended by Supervisor Beautz 039. ADOPTED RESOLUTION NOS. 214-97 THROUGH 220-97 supporting the passage of Senate 392, Senate 480, House Resolution 931, Assembly Bill 1197, Senate Bill 809, Assembly Bill 72 and Assembly Bill 67, and approved related actions, as recommended by Chair Wormhoudt 040. SEE ITEM NO. 82.3, REGULAR AGENDA 041. APPROVED donation and authorized the Sheriff-Coroner to accept one used Search and Rescue van for Sheriff's Patrol Operations, and three used passenger cars for use by the Sheriff's Community Service Centers to access residents in outlying areas to provide non- enforcement services, as recommended by the Sheriff- Coroner 042. DEFERRED report regarding establishment of a performance-based compensation program until June 3, 1997, as recommended by the County Administrative Officer 043. AUTHORIZED transfer of $39,382.15 from General Contingencies to the Recorder's Budget; and authorized the Auditor to pay the elapsed purchase order from the 1995/96 fiscal year, as recommended by the County Clerk-Recorder 044. DIRECTED the County Administrative Officer, in cooperation with the Director of Information Services and the Clerk of the Board, to review the suggestion for making the Board's agenda material available electronically through the public library's system and/or the Internet as part of the upgrade of the Clerk of the Board's database program, and report back to the Board with any recommendations during the Board's budget hearings, as recommended by Supervisor Wormhoudt 045. SEE ITEM NO. 82.4, REGULAR AGENDA 046. APPROVED donation of three pieces of the Agency's historical medical equipment to the Santa Cruz Museum of Art and History, as recommended by the Health Services Agency Administrator 047. ADOPTED RESOLUTION NO. 221-97 approving $22,973 funding application for 1997/98 Dental Disease Prevention Program; and authorized the Health Services Agency Administrator to sign, as recommended by the Health Services Agency Administrator 048. ADOPTED RESOLUTION NO. 222-97 accepting and appropriating unanticipated revenue in the amount of $17,682; and approved fixed asset purchase of modular workstations, as recommended by the Health Services Agency Administrator 049. APPROVED 1997/98 HIV Consortium service agreements with the Santa Cruz County AIDS Project in the amount of $73,643 and Community Action Board in the amount of $8,726; authorized the Health Services Agency Administrator to sign the agreements; authorized the Board Chair to sign the Certification designating Consortium as the organization to allocate the funds; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 050. APPROVED purchase of two replacement EKG machines for the Santa Cruz Clinics, as recommended by the Health Services Agency Administrator 051. ACCEPTED AND FILED report on Child Welfare Services Case Management System; adopted RESOLUTION NO. 223-97 accepting and appropriating unanticipated revenue in the amount of $9,872; and approved related actions, as recommended by the Human Resources Agency Administrator 052. AUTHORIZED the Human Resources Agency Administrator to extend the agreement with El Pajaro Community Development Corporation for temporary workshop facilities and approved related actions, as recommended by the Human Resources Agency Administrator 053. DIRECTED the Human Resources Agency, in conjunction with the Ad Hoc Subcommittee on Latino Equity, to consult with County Counsel and provide a report during budget hearings regarding the advisability of adopting criteria for Latino Equity funding proposed by the Human Care Alliance and the Coalition of Latino Agencies and Programs; and directed the Human Resources Agency and County Administrative Officer to provide a progress report on the Latino Equity initiative during budget hearings, as recommended by the Human Resources Agency Administrator 054. APPROVED revenue agreement with the Department of Housing and Urban Development providing $310,593 for the three year Emergency Services Intake and Assessment Project; and authorized the Human Resources Agency Administrator to sign the agreement, as recommended by the Human Resources Agency Administrator 055. APPROVED Job Training Partnership Act contracts with Santa Cruz Adult and Community Education and Pajaro Valley Prevention and Student Assistance, Incorporated and authorized the Human Resources Agency Administrator to sign the contracts, as recommended by the Human Resources Agency Administrator 056. ADOPTED RESOLUTION NO. 224-97 appointing Harry Snoek to the office of Public Guardian of Santa Cruz County, as recommended by the Human Resources Agency Administrator 057. DIRECTED the Human Resources Agency Administrator to sign the contract with Sacramento Services and Development Corporation for Food Stamp issuance services for the period of July 1, 1997 through June 30, 1999, as recommended by the Human Resources Agency Administrator 058. ADOPTED RESOLUTION NO. 225-97 accepting and appropriating unanticipated revenue in the amount of $4,500 for the Independent Living Skills Project and approved related actions, as recommended by the Human Resources Agency Administrator 059. APPROVED Contract Change Order No. 2 in the amount of $10,000 for the Summit Road Pathway Project; authorized the Chair to sign the Change Order; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 060. APPROVED plans, specifications and engineer's estimate for the Murphy Road Low Water Crossing and authorized calling for bids; set bid opening for Tuesday, June 17, 1997 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 061. ADOPTED RESOLUTION NO. 226-97 accepting Harper Court into the County Maintained Road System, as recommended by the Director of Public Works 062. ADOPTED RESOLUTION NO. 227-97 approving and accepting the terms and conditions of agreements and rights of entry for Portola Drive Improvements and 30th Avenue Infill Project property acquisitions; approved payment of claims; and approved related findings, as recommended by the Director of Public Works 063. APPROVED Federal Apportionment Agreement for County's 1996/97 allocation of Federal Aid Secondary Exchange and State Matching Funds Program; authorized the Chair to sign the agreement; adopted RESOLUTION NO. 228-97 for the Federal Apportionment Program for Exchange and State Matching Funds Programs in the amount of $324,813; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 064. APPROVED transfer of funds in the amount of $165,000 for County Service Area No. 9C, Capital Projects, to County Service Area No. 9C, Operations; adopted RESOLUTION NO. 229-97 accepting unanticipated revenue; approved agreement with CH2M Hill for Solid Waste Consultant Engineering Services in the amount of $152,087; authorized the Director of Public Works to sign the agreement; and approved related actions, as recommended by the Director of Public Works 065. APPROVED agreement and authorized the Board Chair to sign the agreement between the County of Santa Cruz and La Selva Beach Recreation District and La Selva Beach Improvement Association for drainage improvement and erosion repair, as recommended by the Director of Public Works 066. ADOPTED RESOLUTION NO. 230-97 vacating the excess right of way on the northeastern corner of Soquel Drive and Fairway Drive, Soquel; accepted offer to purchase the property; adopted RESOLUTION NO. 231-97 approving the sale and authorized the Chair to sign the Grant Deed; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 067. ACCEPTED improvements and approved the final cost for the Mill Street/Glen Arbor, Highway 9 Signalization Project; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 068. APPROVED plans, specifications and engineer's estimate for the 1996/97 County Wide Pavement Overlay Program and authorized calling for bids; set bid opening for Tuesday, June 17, 1997 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 069. APPROVED plans, specifications and engineer's estimate for the Rio Del Mar Boulevard at Soquel Drive Signalization Project; authorized the calling for bids; set bid opening for Tuesday, June 17, 1997 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 070. ADOPTED RESOLUTION NOS. 232-97 THROUGH 236-97 making certain findings, appointing the Engineer, and Bond Counsel in order to initiate assessment district proceedings for the Sunset Beach Water Main Project, as recommended by the Director of Public Works 071. ACCEPTED AND FILED status report on Felton Permit Center; adopted RESOLUTION NO. 237-97 accepting and appropriating unanticipated revenue in the amount of $30,000; approved purchase of fixed assets; and amended Felton Center lease agreement, as recommended by the Planning Director 072. APPROVED Memorandum of Understanding with AMBAG to utilize the County's contribution to enter into a joint funding agreement with USGS to develop Digital Ortho Quarter Quads for the County, as recommended by the Planning Director 073. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, DEFERRED report on Soquel Creek Water District issues until August 12, 1997, as recommended by the Planning Director 074. SCHEDULED public hearing for the afternoon session on Tuesday, June 10, 1997 to consider the recommendation of the Planning Commission on a proposal to amend the General Plan to change the land use designations on a portion of a project site from Community Commercial, Urban High Residential and Urban Low Residential to Urban Medium Residential; and to change the corresponding Zone designations of C-2, RM-3 and R-1-7 to RM-4 or other appropriate zone districts to allow for a future application for an affordable multiple dwelling group of 60 units, to include a community center and a child care center. This project is located on the northeast side of Freedom Boulevard at the north terminus of Stewart and Quinn Avenues; Application No. 97-0123, as recommended by the Planning Director 075. SEE ITEM NO. 85.2, REGULAR AGENDA 076. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing for easements and rights-of-entry for the Portola Drive Improvement Project for an amount not to exceed $8,800; and approved use of an additional special color for sidewalk improvement projects, as recommended by the Redevelopment Agency Administrator 077. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED proposed 1997/98 Agency Budget, scheduled public hearing for the morning agenda on Friday, June 20, 1997 to consider public comments, and approved related actions, as recommended by the Redevelopment Agency Administrator 078. 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. County of Santa Cruz, et al. (Santa Cruz Superior Court Case No. 131476); City and County of San Francisco v. Phillip Morris, et al (San Francisco Superior Court Case No. C-96-2090); People v. Phillip Morris, et al. (San Francisco Superior Court Case No. 980864); County of Santa Cruz v. California State Board of Forestry, et al. (San Francisco Superior Court Case No. 980561) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street address: APN: 43-105-37 Negotiating parties: County of Santa Cruz; J. David and Judith A. Spence CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Personnel Director All employee organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors ratified settlement in the case of Farris v. County of Santa Cruz, et al. (Santa Cruz Superior Court Case No. 131476) (BSRAW); in the cases of City and County of San Francisco v. Phillip Morris, et al. (San Francisco Superior Court Case No. C-96-2090) and People of the State of California v. Phillip Morris, et al. (San Francisco Superior Court Case No. 980864) approved settlement with Liggett and Myers and authorized County Counsel to sign the settlement agreement on behalf of the County (BSRAW); in the case of County of Santa Cruz v. California State Board of Forestry, et al. (San Francisco Superior Court Case No. 980561) approved appealing the decision of the San Francisco Superior Court which upheld the validity of a State Board of Forestry regulation allowing timber operations pursuant to an emergency notice procedure for financial emergencies (BSrAW); and approved agreement for the sale by the County to J. David and Judith A. Spence of a ten foot public utility easement over County parcel APN 43-105-37 for $1,500 (BSRAW) 078.1 SEE ITEM NO. 85.1, REGULAR AGENDA 078.2 DEFERRED report on program issues at Blaine Street Women's Detention Facility to the Supplemental Budget, as recommended by the County Administrative Officer REGULAR AGENDA 079. CONSIDERED report and recommendations on the continuation of Public Defender Conflict of Interest Services; directed the County Administrative Office to prepare contract extensions for public defender conflict of interest services for a two year period with the firms of Page, Salisbury, Dudley and DeNardo, and Wallraff and Gilman effective July 1, 1997, with the understanding that these contracts will be followed by a Request for Proposals for three year contracts RABSW 080. CONSIDERED request of the City of Watsonville to amend an existing Memorandum of Understanding to increase the size of a proposed sewer line to the Pajaro Valley Inn; accepted and filed report; approved an amendment to the Memorandum of Understanding that would modify the size of both the 4-inch and the 6-inch lines to 8- inches, as requested by the City of Watsonville; and directed the Public Works Department to advise the City of the Board's determination RSBAw 081. RECEIVED bids regarding Sheriff's Warehouse/Evidence Storage Facility at 100 Rountree Lane, Watsonville and referred to the General Services Department to return with a recommendation on or before June 10, 1997 RSBAW 082. RECEIVED bids regarding 1070 Emeline Avenue Seismic Retrofit and referred to the General Services Department to return with a recommendation on or before June 10, 1997 RSBAW 082.1 ACCEPTED item for consideration according to criteria specified, that being a need to avoid injury or detriment to the public arose after the posting of the agenda (RSBAW); approved a change in the plan line for El Dorado Avenue indicating that sidewalks would be constructed only on the westerly side of the street, as recommended by Supervisor Beautz RBSAW 082.2 APPROVED shifting administration of the Transfer of Credit Program from the Housing Authority to the Redevelopment Agency and directed the parties to prepare revised participation agreements to reflect this change, with additional direction including a report back on August 5, 1997 BSRAW 082.3 DIRECTED the Public Works Department to return on or before June 17, 1997, with an Ordinance amending the County Code by establishing the Rio del Mar Parking Zone, with additional direction SRBAw 082.4 DIRECTED the Planning Department to complete the required permit approval process without the provision of a signed lease agreement between the County and Cellular One of Santa Cruz for a proposed cellular site, and that the lease agreement with Cellular One be returned to the Board of Supervisors after completion of the land use permit approval process, with additional direction ABSRW 082.5 SCHEDULED public hearing for the afternoon agenda on Tuesday, June 17, 1997, for special consideration of an Agricultural Policy Advisory Commission's decision regarding Application No. 96-0772, by Dinyari - c/o Above the Line; property located at 2716 Freedom Boulevard, Watsonville, with additional direction SRBAW 083. Public hearing held to consider a proposal to rezone Assessor's Parcel No. 037-211-40 from the R-1-6 and R- 1-9 zone districts (Single-family Residential with 6,000 and 9,000 square feet minimum lot sizes) to the RM-6 zone district (Multi-family Residential with a 6,000 square foot maximum density), as required by Residential Development Permit 85-0046, Condition II.4. Requires a rezoning of the parcel. Property located on the south side of Soquel Drive (5710 Soquel Drive), about 50 feet east of Monterey Avenue; Application No. 96-0760; APN: 037-211-40; Owner/Applicant: Steven and Julie Marsalisi; closed public hearing; certified the Negative Declaration; and adopted ORDINANCE NO. 4458 amending Chapter 13.10 of the Santa Cruz County Code changing property from one zone district to another BASRW 084. Public hearing held to consider the continuation of business improvement assessments for Zone A of the Soquel Village Parking and Business Improvement Area for the 1997/98 fiscal year; closed public hearing; and accepted certification of the results of the balloting from the Elections Department ARBSW 085. ACCEPTED AND FILED the Auditor-Controller's Financial Update for the third fiscal quarter 1996/97 BRSAW 085.1 ADOPTED RESOLUTION NO. 238-97 accepting and appropriating $26,889 from the Office of Criminal Justice Planning; adopted RESOLUTION NO. 239-97 accepting and appropriating $55,279 in unanticipated revenue from the California Department of Insurance into the District Attorney's Budget Index 271220 for the District Attorney's Fiscal Year 1996/97 Automobile Insurance Fraud and Worker's Compensation Insurance Fraud Prosecution Program Grants; and authorized the purchase of one vehicle and various computer equipment in the amount of $46,000 for use in the Investigation and Prosecution of Automobile Insurance Fraud and Worker's Compensation Insurance Fraud Cases during Fiscal Year 1996/97, with additional direction RSBAW 085.2 APPROVED revised findings and conditions for the Tan Heights Subdivision, as recommended by the Planning Director BRSAW 085.3 CONTINUED TO JUNE 3, 1997 consideration to deny application to file a late claim on behalf of Armando Lopez Mercado No. 697-122 and refer to County Counsel, with additional direction SRBAW 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 3, 1997