PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 99, NUMBER 15 MAY 25, 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 BSWCA 6. APPROVED claims as submitted by the Auditor-Controller 7. ITEM DELETED 8. ITEM DELETED 9. ADOPTED ORDINANCE NO. 4545 amending the Live Oak/Soquel Redevelopment Plan to conform to AB 1342 Redevelopment Law Changes 10. ADOPTED ORDINANCE NO. 4546 amending various chapters to the Santa Cruz County Code relating to the Superior Court 11. DEFERRED TO JUNE 8, 1999 consideration to adopt an ordinance amending Chapter 12.10 of the Santa Cruz County Code relating to the adoption of 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 12. DENIED claim of Richard E. Kitch No. 899-125 and referred to County Counsel 13. DENIED claim of Jasmine Rhea West/Ramon and Anna West No. 899-126 and referred to County Counsel 14. DENIED claim of Zeida Casillas No. 899-131 and referred to County Counsel 15. DENIED claim of Janice G. Joyce No. 899-134 and referred to County Counsel 16. ADOPTED RESOLUTION NO. 191-99 amending Salary Resolution No. 279-75 to establish a new class of Substance Abuse Program Manager, delete the class of Seasonal Produce Inspector, and retitle two classes in Parks, Open Space and Cultural Services, as recommended by the Personnel Director 17. SEE ITEM NO. 62.1, REGULAR AGENDA 18. ADOPTED schedule for 1999/00 Budget Hearings and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer 19. APPROVED request by the Sheriff-Coroner to obtain surplus properties being distributed by the Federal Government, as recommended by the Sheriff-Coroner 20. APPROVED legislative office space lease agreement in the amount of $595.12 per month and authorized the Director of General Services to sign the agreement, as recommended by the Director of General Services 21. ADOPTED RESOLUTION NO. 192-99 accepting and appropriating unanticipated revenue in the amount of $12,000 into General Services Fleet Operations budget for Maintenance Mobile Equipment, as recommended by the Director of General Services 22. APPROVED specifications for the Emeline Parking Lot Reseal project; directed the General Services Department to advertise for bids; and set bid opening for Tuesday, August 3, 1999 at 10:45 a.m., as recommended by the Director of General Services 23. DECLARED items to be surplus and directed the General Services Department Purchasing Division to arrange for their disposition, as recommended by the Director of General Services 24. ADOPTED RESOLUTION NO. 193-99 authorizing the sale of 1999/2000 tax and revenue anticipation notes, not-to- exceed $60 million, as recommended by the Auditor- Controller 25. APPROVED transfer of funds from General Contingencies in the amount of $50,000 for costs of court appointed defense counsel and related investigative expenses in the death penalty cases of People v. James Erwin Dotson and People v. Kimberly Labore, as recommended by the County Administrative Officer BSwCA 26. APPROVED appointment of Virginia Larios to the Civil Service Commission for a term to expire December 31, 2003, as recommended by Supervisor Campos 27. APPROVED appointment of Renee Shepard as the County representative to the South Ridge Oversight Committee, and approved the appointment of Rachel Lather as her alternate, as recommended by Supervisor Almquist 28. APPROVED appointment of Don Allegri as the representative of the Multipurpose Senior Services Program on the Long Term Care Interagency Commission, for a term to expire April 1, 2000, as recommended by Chairperson Almquist 29. ADOPTED RESOLUTION NO. 194-99 approving the proposed filing of a grant application to the Monterey Bay Unified Air Pollution Control District; and authorized the Director of General Services to take related actions, as recommended by the Director of General Services 30. SEE ITEM NO. 57.1, REGULAR AGENDA 31. ADOPTED RESOLUTION NO. 195-99 amending Salary Resolution No. 279-75 to implement various employee compensation actions; adopted RESOLUTION NO. 196-99 amending Resolution No. 247-76 to amend the Personnel Regulations, as recommended by the Personnel Director 32. ADOPTED RESOLUTION NO. 197-99 determining Disability Retirement status of Safety employee, as recommended by the Personnel Director 33. ACCEPTED AND FILED report and update on Health Services Agency reorganization of mental health and substance abuse administrative services; and approved related actions, as recommended by the Health Services Agency Administrator 34. ACCEPTED report on the formation of an advisory group for septic disclosure, as recommended by the Health Services Agency Administrator 35. SEE ITEM NO. 62.2, REGULAR AGENDA 36. APPROVED revenue agreement between the Housing Authority of the County of Santa Cruz and the Human Resources Agency, providing $19,642 to Families in Transition for case management services, and authorized the Human Resources Agency Administrator to sign the agreement, as recommended by the Human Resources Agency Administrator 37. AUTHORIZED the Human Resources Agency Administrator to sign agreements with the Cabrillo Community College District and the University of California Santa Cruz Extension to provide staff development training, as recommended by the Human Resources Agency Administrator 38. AUTHORIZED the Human Resources Agency Administrator to sign the agreement with GTL, Inc., dba Link to Life, and the amendment to the agreement with Lawrence M. Friedman for services to MSSP clients, as recommended by the Human Resources Agency Administrator 39. SEE ITEM NO. 62.3, REGULAR AGENDA 40. ACCEPTED AND FILED report on the performance of the Community Programs that were monitored in fiscal year 1998/99, as recommended by the Human Resources Agency Administrator 41. ADOPTED RESOLUTION NO. 198-99 approving the grant applications for the California Department of Fish and Game regarding Technical Training for Implementing Erosion Control Best Management Practices and Santa Cruz County Road-Related Erosion Prevention Planning Project; and approved related actions, as recommended by the Director of Public Works 42. APPROVED proposed plan line for Brommer Street between Seventh Avenue and Seventeenth Avenue; and directed Public Works staff to include the plan line in the Master Plan Line file, as recommended by the Director of Public Works 43. APPROVED independent contractor agreement with Buckland and Taylor, Ltd, for construction support services for the Conference Drive, Bear Creek Road and Mt. Hermon Road Bridge seismic retrofit project in a not-to-exceed amount of $35,057; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 44. APPROVED independent contractor agreement with Buckland and Taylor, Ltd, for engineering design services for the Soquel Drive Bridge Replacement for a not-to-exceed cost of $449,524.53; adopted RESOLUTION NO. 199-99 accepting and appropriating unanticipated revenue in the amount of $18,400 from the Federal Emergency Management Agency; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 45. APPROVED plans, specifications and engineer's estimate and authorized calling for bids for Laurel Road Storm Damage Repair 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 46. APPROVED amendments to agreements with D & M Consulting Engineers, Incorporated, for the Roy Wilson Yard groundwater monitoring and stockpiled soil investigation and remediation; and authorized the Director of Public Works to sign the agreements, as recommended by the Director of Public Works 47. AUTHORIZED submittal of a Certified Local Government Grant application to the State Office of Historic Preservation to request a $10,000 grant to perform a study on incentives for historic preservation, as recommended by the Planning Director 48. AUTHORIZED the Planning Department to submit a Livable Communities Public Access Grant; authorized the Chairperson to sign the letter of support; and directed the Planning Department to report back with an implementation plan for the GIS Internet application upon award of grant, as recommended by the Planning Director, County Assessor and the Information Services Director 49. SCHEDULED public hearing for June 15, 1999 for the afternoon agenda beginning at 1:30 p.m. to consider the recommendation of the Planning Commission on a proposal to demolish two commercial buildings and 11 residential units and replace with a 76 unit affordable multiple dwelling group, to include a community center/laundry room, playground and soccer field. Requires a Residential Development Permit, a Grading Permit, approval of a Parking Program, a Density Bonus and a Development Concession to reduce the required 20' front yard setback to 14' and an exception to the County Design Criteria. The project is located on the northeast side of Freedom Boulevard (1934-1944 Freedom Boulevard). At the north terminus of Stewart and Quinn Avenues. Application No. 97- 0857, as recommended by the Planning Director 50. SCHEDULED public hearing for Tuesday, August 3, 1999 for the afternoon agenda beginning at 1:30 p.m. to consider the proposal to remove the Open Space Easement from APN's: 105-451-03, 05, 06 and 07 and retain APN: 105-041-14 in the Open Space Easement. Requires an Open Space Contract amendment. The property is located on the southeast side of a 40 foot right-of-way approximately 600 feet east from Larsen Road and about two miles north of the intersection of Larsen Road and Trout Gulch Road, Aptos, as recommended by the Planning Director 51. APPROVED agreement for document conversion services with California State Computer Store for an amount not-to-exceed $75,000, as recommended by the Planning Director 52. DEFERRED report regarding design review waiver procedures to June 8, 1999, as recommended by the Planning Director 53. AMENDED existing agreement with First Alarm Security and Patrol to provide additional parking fee collection and stationary guard services in the amount of $2,025 for the fiscal year 1998/99 for a new contract total of $42,841; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services 54. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED funding of $7,500 toward the Regional Economic Cluster Analysis and Action Plan and approved related actions, as recommended by the Redevelopment Agency Administrator 55. 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 No. 134334); Appeal of Buena Vista Soil Management Project, California Coastal Commission No. A-3-SCO-98-096 and Buena Vista Community Association v. County of Santa Cruz (Santa Cruz County Case No. 134742); Arreola v. Monterey County et al. (Monterey County Superior Court Case No. 105611) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case REPORT OF COUNTY COUNSEL - No report given 55.1 ADOPTED RESOLUTION NO. 200-99 in support of Senate Bill 500 relating to the reauthorization of comprehensive clinical family planning services for low income men and women; and approved related actions, as recommended by Supervisor Beautz REGULAR AGENDA 56. CONSIDERED adoption of a local hire ordinance to encourage the hiring of local workers on capital construction projects; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept", as amended, to return June 8, 1999 for further consideration; with an additional directive that an ordinance applying to the Redevelopment Agency return on the closest possible date (1) BSWCA (2) WCBSA 57. APPROVED at-large appointment of Jill Ginghofer to the Long Term Care Commission (representative of a Caregiver Resource Center), for a term to expire April 1, 2000 BCSWA 57.1 APPROVED recommendation that the Polo Grounds County Park retain its historical name, but that the new fields at the west end of the park be named "The Monte Family Fields," and that any sign that is erected also include recognition of the Aptos Soccer Club, Aptos Little League, Granite Construction Company, and Far West Design and Landscaping; with an additional directive that the Park Naming policy return to the Board for review and that the Parks and Recreation Commission review the policy and provide its recommendations to the Board at that time SBWCA 58. The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5, to convene and carry out its regularly scheduled meeting 59. CONSIDERED report and recommendations on the Buena Vista Soil Management Project; directed Public Works to initiate engineering, permit applications, and environmental review for development of the Buena Vista Landfill Soil Management Project on the Watsonville City Landfill Expansion site; authorized Public Works to enter into formal negotiations with the City of Watsonville for use of its landfill expansion site for the Buena Vista Landfill Soil Management Project; directed Public Works to advise the California Coastal Commission that the County is now formally considering placement of the Buena Vista Landfill Soil Management Project on the Watsonville City Landfill Expansion site, as recommended by the California Coastal Commission at its December 8, 1998 hearing on the matter; requested that no hearing be set for Appeal No. A-3-98-96, while the County is pursuing the Watsonville Landfill site alternative; and the Board of Supervisors declared its intention to pursue the development of soil management capacity at the Watsonville City Landfill rather than on the Rocha site CBSWA 60. Public hearing held to consider a proposal to rezone APN: 095-271-01 from the Special Use (SU) zone district to the Timber Production (TP) zone district. Requires a rezoning. The property is located on the east side of Highway 17 approximately 2,000 feet north of Jarvis Road. Application No. 98-0461; APN: 095- 271-02; Applicant: William Moores; closed public hearing; continued matter to June 8, 1999; and directed staff to return with further information regarding view shed and general plan policies BWSCA 61. CONSIDERED report of the Planning Commission's review of the General Plan/Local Coastal Program Land Use Plan designation and zoning on APN: 038-081-36 (McGregor/Sea Ridge Drives); continued to August 10, 1999 the McGregor discussion with the intent to adopt an interim ordinance prohibiting uses which may be in conflict with the Seacliff Town Plan currently underway; directed staff to return on August 10, 1999 with a resolution of intent to rezone the McGregor Parcel to Visitor Accommodation (VA); directed the Planning Department to include the Seacliff Town Plan or Community Plan in the 1999-2000 Work Program; and further directed to return with processes and timelines for developing park sites SWBCA 62. CONSIDERED proposed ordinance amending Chapter 13.32 of the County Code relating to the Mobilehome Rent Adjustment Ordinance and report regarding the interpretation and constitutionality of provisions indexing net operating income at 50% of the increase in the Consumer Price Index; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return June 8, 1999 for final adoption and directed the Clerk of the Board to publish a summary of the ordinance; accepted the Memorandum from Kenneth K. Baar entitled "Considerations in Selecting an Indexing Ratio under Maintenance of Net Operating Income Standards" and approved his findings concerning the constitutionality of indexing net operating income at 50% of the increase in the Consumer Price Index; approved interpretation of the provisions of subdivision (g) of Section 13.32.040, that inflation should not be considered an unusual factor justifying CPI adjustment greater than 50%; directed Public Works to report on June 8, 1999 regarding various types of road repair; directed the Mobile Home Commission to study the issue of subletting; with an additional directive that the District Attorney report back during Budget Hearings regarding possible improper manipulation of who gets approved for mobile home sales (1) BWSCA (2) BWSCA 62.1 APPROVED agreement in the amount of $140,000 with Collaborative Economics, Inc. to perform an economic cluster analysis and action plan; authorized the County Administrative Officer and the Human Resources Agency Administrator to sign the agreement; and directed the Human Resources Agency to return at Budget Hearings with the accounting detail, as recommended by the County Administrative Officer SWBCA 62.2 CONTINUED TO JUNE 8, 1999 consideration to accept report on the formation of a technical advisory committee for onsite sewage disposal, with an additional directive that County Counsel report back with what options are available to the Board to form a Technical Advisory Committee and be observant of the open meeting law WBSCA 62.3 APPROVED transfer of funds within the Human Resources Agency; and adopted RESOLUTION NO. 201-99 accepting and appropriating unanticipated revenue in the amount of $352,000 into the Categorical Aids budget, as recommended by the Human Resources Agency Administrator BWSCA 63. CONTINUED TO JUNE 8, 1999 at 7:30 p.m. joint study session with the Pajaro Valley Water Management Agency Board of Directors CBSWA 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