PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 99, NUMBER 13 MAY 4, 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 - 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 WSBCA 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of April 20, 1999, as recommended by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received during the period of April 26, 1999 through April 30, 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. DENIED claim of Mark Nicholas Stanton No. 899-117 and referred to County Counsel 10. DENIED claim of Keith I. Lippman No. 899-120 and referred to County Counsel 11. ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending March 31, 1999, as recommended by the Treasurer-Tax Collector 12. ACCEPTED AND FILED annual report on employee performance evaluations, as recommended by the Personnel Director 13. ADOPTED RESOLUTION NO. 153-99 authorizing the County Elections Official to conduct the August 10, 1999 special election on behalf of the City of Watsonville, as recommended by the County Clerk 14. ACCEPTED AND FILED report on the Santa Cruz County Sanctuary Inter-Agency Task Force activities; and authorized the Chairperson to send letters to each of the Task Force's participating members seeking a $1,000 contribution for Fiscal Year 1999/00, as recommended by the County Administrative Officer 15. ACCEPTED AND FILED report of the Treasurer's Cash Count as of March 8, 1999, as recommended by the Auditor-Controller 16. APPROVED transfer of funds in the amount of $310,000 from Worker's Compensation Claims Reserve to Medical Services and Compensation to cover unanticipated costs, as recommended by the Personnel Director 17. APPROVED request of the Sheriff-Coroner to apply for the U.S. Department of Justice COPS Universal Hiring Program Grant for four entry level Deputy Sheriff positions; with an additional directive for a report back at budget hearings on long-term implications of accepting the grant 18. ADOPTED RESOLUTION NO. 154-99 authorizing the District Attorney to reapply to the Office of Criminal Justice Planning for fiscal year 1999-2000 Child Abuser Vertical Prosecution Program funds in the amount of $150,000, as recommended by the District Attorney 19. ADOPTED RESOLUTION NO. 155-99 authorizing the Chief Probation Officer to apply to the Office of Criminal Justice Planning for continuation funding for the Gang Violence Suppression Multi-Component Program (BASTA) for fiscal year 1999/2000; with an additional directive that the Chief Probation Officer return at budget hearings with a status report 20. ACCEPTED AND FILED parking management report and directed the General Services Department to return on or before June 15, 1999, with further recommendations, as recommended by the Director of General Services 21. ADOPTED RESOLUTION NO. 156-99 setting a public hearing for the morning agenda of June 22, 1999 to consider proposed 1999/2000 fire protection rates for County Service Areas 4 and 48 and proposed service charge reports; and directed the Clerk of the Board to take related actions, as recommended by the Director of General Services 22. APPROVED application to the Bureau of Justice Assistance from the Sheriff-Coroner for the State Criminal Alien Assistance Program, as recommended by the Sheriff-Coroner 23. APPROVED appointment of Jeff Roth to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2001, as recommended by Supervisor Symons 24. APPROVED appointment of Elena Moya to the Equal Employment Opportunity Commission, for a term to expire April 1, 2003, as recommended by Supervisor Campos 25. APPROVED appointment of Gerald P. Corderman to the Mobilehome Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos 26. APPROVED appointment of Kathy Bernard to the Housing Advisory Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos 27. APPROVED appointment of Edwin W. Moore to the Animal Nuisance Abatement Appeals Commission for a term to expire April 1, 2003, as recommended by Supervisor Campos 28. ACCEPTED nomination of Francie Newfield as an at-large appointee 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, with final appointment to be made May 18, 1999, as recommended by Chairperson Almquist 29. ACCEPTED AND FILED Annual Report of the Domestic Violence Commission; and approved related action, as recommended by Chairperson Almquist 30. SEE ITEM NO. 51.2, REGULAR AGENDA 31. APPOINTED Bob Shepherd as the public member of the Treasury Oversight Commission for a term of four years, as recommended by the Treasurer-Tax Collector 32. APPROVED and adopted the Santa Cruz County 1999 Investment Policy, as recommended by the Treasurer-Tax Collector 33. ACCEPTED AND FILED report from the District Attorney's Family Support Division relating to possible penalties to be imposed on Counties, as recommended by the District Attorney 34. APPROVED appointment of Lucia Vindiola-Nacua to the Mental Health Advisory Board for a term to expire April 1, 2001, as recommended by Supervisor Campos 35. ACCEPTED AND FILED report concerning Santa Cruz County Health Options implementation of matters regarding disabled persons, and directed the Health Services Agency to return with a further report on June 15, 1999, as recommended by the Health Services Agency Administrator 36. APPROVED three-year agreement with Above The Line to allow claiming for MediCal Administrative Activities and authorized the Health Services Agency to sign the agreement, as recommended by the Health Services Agency Administrator 37. ACCEPTED AND FILED report on South County leased space and directed the Human Resources Agency Administrator to return on May 18, 1999 for approval of a final lease agreement, as recommended by the Human Resources Agency Administrator 38. APPROVED amended bylaws of the Children's Network, as recommended by the Human Resources Agency Administrator 39. SEE ITEM NO. 51.1, REGULAR AGENDA 40. ACCEPTED improvements and approved final cost for the Fernwood Avenue homes streambank protection project; authorized the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 41. ACCEPTED improvements and approved the final cost for Valencia Road Storm Damage Repair project; authorized the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 42. ADOPTED RESOLUTION NO. 157-99 supporting Assembly Bill 75 to increase recycling in state agencies; adopted RESOLUTION NO. 158-99 supporting Senate Bill 332 to increase the scope of bottle recycling and raise bottle deposits; and adopted RESOLUTION NO. 159-99 supporting Senate Bill 1110 to improve markets for recycled rigid plastic containers, as recommended by the Director of Public Works 43. APPROVED amendment to agreement with Brown, Vence and Associates for solid waste consulting services to increase the amount by $8,272 to a total of $157,475; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works 44. SEE ITEM NO. 51.3, REGULAR AGENDA 45. SCHEDULED public hearing for Tuesday, August 3, 1999 for the afternoon agenda beginning at 1:30 p.m. to consider Application No. 98-0569, a proposal to rezone APN: 086-011-04 from the Special Use (SU) zone district to the Timber Production (TP) zone district. Requires a rezoning. The property is located on the northeast side of China Grade Road northwest from the intersection of China Grade and Highway 236 north of Big Basin State Park, as recommended by the Planning Director 46. ITEM DELETED 47. ACCEPTED AND FILED report on Felton Permit Center relocation; adopted RESOLUTION NO. 160-99 accepting and appropriating unanticipated revenue in the amount of $28,300 in the Planning Department budget; adopted RESOLUTION NO. 161-99 accepting and appropriating unanticipated revenue in the amount of $54,676 in the Sheriff-Coroner's budget; authorized the Planning Director and Sheriff-Coroner, in cooperation with Real Property, to negotiate an office lease agreement for the Permit Center and report back to the Board on or before June 8, 1999, and approved related actions, as recommended by the Sheriff-Coroner and Planning Director 48. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract amendment for various legal services with Thelen, Reid and Priest, Attorneys at Law in the amount of $90,000, as recommended by the Redevelopment Agency Administrator 49. 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.: Coastal Commission Proceeding Regarding Timber Harvesting Regulations (LCP Amendment No. 3-98); County v. Kraft (Santa Cruz Superior Court No. 135000); Pastore v. County, et al (U.S. Northern C-98-20495 JW District Number); County/People v. Greene, Trustee dba Marmo Travel Trailer Park (Santa Cruz Superior Court Case No. 134416) REPORT OF COUNTY COUNSEL - The Board of Supervisors approved a settlement in the case of Pastore et al v. County et al (U.S. Northern C-98-20495 JW District Number) involving a payment of $35,000 (BSWCA) 49.1 APPROVED Contract Change Order No. 1 for Trout Gulch Road Storm Damage Repair in the amount of $30,937.29; authorized the Chairperson to sign the change order; and approved related actions, as recommended by the Director of Public Works REGULAR AGENDA 50. CONSIDERED proposed ordinance amending County Code Sections 1.12.070, 2.20.010 - 2.20.040, 2.21.020, 8.04.020 and 3.12.040 to reflect the new name of the unified trial court and deletion of code sections pertaining solely to Municipal Courts; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return May 25, 1999 for final adoption (1) BWSCA (2) BCSWA 51. CONSIDERED recommendations regarding expansion of the Children and Families First Commission; (1) read title and waived detailed reading of complete ordinance; (2) adopted urgency ORDINANCE NO. 4544 amending Sections 2.45.030 and 2.45.040 of the Santa Cruz County Code by revising the membership composition and terms of the Children and Families First Commission (1) BWSCA (2) AWBSC 51.1 APPROVED plans, specifications and engineer's estimate for construction of the Buena Vista Landfill, Module 6 Expansion and authorized calling for bids; set bid opening for Tuesday, June 8, 1999 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works BCWsA 51.2 ACCEPTED AND FILED report on Neighborhood Accountability Boards; with an additional directive that the Chief Probation Officer report back with the following information as specific boards are developed: who is on the boards, do board members live in the neighborhoods, how many members are on each board, are the boards neighborhood-based, how is neighborhood defined, what kind of complaint system is being used and what staffing levels look like WBSCA 51.3 DEFERRED consideration of a draft ordinance regarding RV park conversion to June 8, 1999 and directed the Planning Department to continue to suspend enforcement of occupancy restrictions as to existing residents at Marmo's and Golden Torch RV parks to October 31, 1999 or upon adoption of the final version of the ordinance, if it occurs prior to that date, as recommended by the Planning Director WBSCA 52. CONSIDERED report and recommendations of the Environmental Health Services Task Force; approved recommendations in letter of the County Administrative Officer dated April 29, 1999 to adopt the Task Force recommendations including the comments of the Environmental Health Services and the County Administrative Officer concerning the implementation of the Task Force's recommendations contained in Table 2 of the report, with the following changes: (1) to recommendation No. 1: first goal, the word "environment" be added after the words "public health"; and in the third goal, insert the word "normally" between the words "will and respond"; (2) to recommendation No. 5: change language to read: Environmental Health Services work with a Technical Advisory Committee (see recommendation #9) to identify any internal conflicts and to propose corrections if necessary to the Board of Supervisors"...; (3) to recommendation No. 6, fourth sentence, add the word "plans", to read: "to modify system design and installation and plans"...; (4) to recommendation No. 7, end of sentence, after the words "septic systems", change period to a comma and add the words "as well as to protect public health and the environment"; (5) to recommendation No. 9, change language to read: "Environmental Health Services in conjunction with the State Regional Water Quality Board staff develop a proposal for a broad based Technical Advisory Committee to be presented for approval to the Board of Supervisors. The proposal will include the Task Force's charge, make-up and timeframe"; (6) to recommendation No. 13, after the words "to develop", substitute the following language to read: "a report for the Board of Supervisors on potential changes to the ordinance dealing with septic system disclosure issues and the relative merits of deed disclosures or separate disclosure documents"; (7) added recommendation No. 14, directing the Chair of the Board of Supervisors to write a letter to the Chair of the State Regional Water Quality Control Board identifying the process and asking for the Board's approval of their staff participating in this process WSBCA 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 18, 1999