PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 98, NUMBER 17 JUNE 16, 1998 ******************************************************************** 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 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 WRSAB 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of June 2, 1998, as recommended by the Clerk of the Board 8. DELETED ITEM 9. SEE ITEM NO. 63.2, REGULAR AGENDA 10. DENIED claim of Katrina Bagnasco No. 798-145 and referred to County Counsel 11. DENIED claim of Klaudia Moreno No. 798-150, amended, and referred to County Counsel 12. DENIED claim of Michael John Amaya No. 798-151 and referred to County Counsel 13. DENIED claim of Angelica Macias, individually and as Guardian Ad Litem for Unborn Heir of Decedent Rhandy Soto No. 798-153A and referred to County Counsel 14. DENIED claim of Angelica Macias No. 798-153B and referred to County Counsel 15. DENIED claim of Unborn Baby Doe, by and through his parent and guardian, Angelica Macias, No. 798-153C and referred to County Counsel 16. DENIED claim of Anita Rivard No. 798-154 and referred to County Counsel 17. ACCEPTED status report on the development of the County Fire Station located in the Loma Prieta community, and directed the General Services staff to return on or before September 15, 1998 with a further status report, as recommended by the Director of General Services 18. APPROVED contract for Emergency Power Upgrade at Probation Center/Juvenile Hall and Jail project to Steve Lacki Electrical Construction for $111,387 and approved related actions, as recommended by the Director of General Services 19. APPROVED contract for Sheriff's Records Area Heating, Ventilation and Air Conditioning Upgrade project to George H. Wilson, Incorporated, for $103,500 and approved related actions, as recommended by the Director of General Services 20. ACCEPTED AND FILED Supplemental Recommendations for the proposed 1998/99 budget, as recommended by the County Administrative Officer 21. APPROVED appointment of Chris J. Gallagher to the Fish and Game Commission for a term to expire April 1, 1999, as recommended by Supervisor Belgard 22. DIRECTED the County Administrative Office to return at the earliest possible opportunity with the remaining nominations to the Job Training Task Force, with an additional directive 23. ADOPTED RESOLUTION NO. 261-98 authorizing County Counsel to bring civil suit against Silvia Pintor aka Maria Silvia Pintor, for money owing due to Welfare overpayment in the amount of $11,798, as recommended by the Treasurer-Tax Collector 24. ADOPTED RESOLUTION NO. 262-98 accepting and appropriating unanticipated revenue from FEMA and the State Office of Emergency Services in the amount of $75,000, as recommended by the Director of General Services 24.1 APPROVED in concept a General Plan Policy Amendment adding Section 7.21.71, relating to Sanitary Sewer Service Connections, St. Francis Subdivision Area, directed the Planning Department to initiate this amendment immediately, and process it in the next available round of the General Plan Amendments, and return the matter to the Board on or before October 6, 1998, as recommended by Supervisor Belgard 25. ADOPTED RESOLUTION NO. 263-98 supporting AB 2737 relating to supportive housing, and support amendments to the legislation to allocate $5 million to the program, as recommended by the Health Services Agency Administrator 26. ACCEPTED AND FILED report on the need to continue the state of local emergency relative to the transmission of HIV through contaminated needles, as recommended by the Health Services Agency Administrator 27. APPROVED transfer of funds in the amount of $42,000 to the MediCruz program from the Public Health division, as recommended by the Health Services Agency Administrator 28. ACCEPTED AND FILED report on bilingual recruitment, as recommended by the Health Services Agency Administrator 29. APPROVED changes within the Local Mental Health Board Bylaws, as recommended by the Health Services Agency Administrator 30. APPROVED amendments to the Family Violence Response Team contracts with Defensa de Mujeres and the Women's Crisis Support, and authorized the Human Resources Agency Administrator to sign the amendments, as recommended by the Human Resources Agency Administrator 31. DIRECTED the Human Resources Agency Administrator to develop agreements with the Parents Center and the Mondanaro-Baskin Center to provide Child Welfare Services and State Family Preservation Services, respectively, and to return to your Board on June 23, 1998 for approval of the agreements, as recommended by the Human Resources Agency Administrator 32. APPROVED the 1998/99 contract amendment with Electronic Data Systems Corporation to maintain the Welfare Case Data System in the amount of $166,376 and authorized the Human Resources Agency Administrator to sign the agreement; and approved related actions, as recommended by the Human Resources Agency Administrator 33. APPROVED purchase of services agreement for the Multipurpose Senior Services Program with various service providers and adopted RESOLUTION NO. 264-98 authorizing the Human Resources Agency Administrator to sign the agreements, as recommended by the Human Resources Agency Administrator WRS(A)B 34. DEFERRED the Human Resources Agency's report on the recommendation for the In-Home Supportive Services contract award to June 23, 1998, as recommended by the Human Resources Agency Administrator 35. ADOPTED RESOLUTION NO. 265-98 for right-of-entry acquisition for soil storage area for the Buena Vista Landfill, and approved payment of claim, as recommended by the Director of Public Works WRsAB 36. AUTHORIZED emergency work on Highland Way in the not- to-exceed amount of $225,800 without completion of the formal competitive bid process under emergency provisions of the Public Contracts Code; adopted RESOLUTION NO. 266-98 authorizing the Director of Public Works to order emergency work; and approved related actions, as recommended by the Director of Public Works 37. ADOPTED RESOLUTION NO. 267-98 authorizing the placement of road bumps on Jose Avenue, as recommended by the Director of Public Works 38. APPROVED proposed projects for submittal under the Hazard Elimination and Safety Program; adopted RESOLUTION NO. 268-98 approving the filing of applications for the proposed projects; and approved related actions, as recommended by the Director of Public Works 39. APPROVED final map of Tract 1295, Tan Heights, and the certification and participation agreement; authorized the Director of Public Works to sign the subdivision agreement; and approved related actions, as recommended by the Director of Public Works 40. APPROVED agreement with the California Integrated Waste Management Board providing $50,000 for waste composition data gathering and analysis; directed Public Works to return on or before August 25, 1998, and approved related actions, as recommended by the Director of Public Works 41. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, adopted RESOLUTION NO. 269-98 accepting and appropriating $26,172 in unanticipated revenue into the 1997/98 Public Works budget for the Davenport Oldtown Sewer Reconstruction Project, as recommended by the District Engineer 42. APPROVED Request for Proposals for traffic signal and highway safety lighting maintenance and directed Public Works to begin the proposal process for 1998/99, as recommended by the Director of Public Works 43. ACCEPTED updated report on San Vicente Creek Stream Bank Protection Project and directed Public Works to return on August 4, 1998, with the status of the project, as recommended by the Director of Public Works 44. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, RATIFIED the emergency contract with J and J Water Trucks in the amount of $9,720, as recommended by the District Engineer 45. RATIFIED various emergency contracts for road repairs during El Ni¤o Storms, as recommended by the Director of Public Works 46. APPROVED amended independent contractor agreement with Buckland and Taylor, Ltd., for engineering services for seismic retrofit of seven bridges; and approved related actions, as recommended by the Director of Public Works 47. SCHEDULED public hearing for Tuesday, August 4, 1998 on the morning agenda to consider a proposal to amend County Code Section 12.06.060 and add Sections 12.06.025 and 12.06.070 relating to replacement housing, as recommended by the Planning Director 48. ACCEPTED AND FILED report on the scenic road designation of a portion of Casserly and Mt. Madonna Roads and directed the Planning Department to process amendments to the General Plan deleting the Scenic Road designation, as recommended by the Planning Director 49. APPROVED contract amendment for preparation of a Supplemental Environmental Impact Report for the Scott Creek Beach Access and Enhancement Project, as recommended by the Planning Director 50. ADOPTED RESOLUTION NO. 270-98 accepting and appropriating unanticipated revenue in the amount of $3,887 within the Congestion Mitigation and Air Quality Program, as recommended by the Planning Director 51. SCHEDULED public hearing for the afternoon agenda on August 18, 1998 to consider a proposal to amend the General Plan/Local Coastal Program regarding existing urban-like development in rural areas, as recommended by the Planning Director 52. CONTINUED TO JUNE 23, 1998 recommendation to schedule public hearing for the afternoon agenda of August 18, 1998 to consider a proposal to amend County Code Sections 13.10.260, Nonconforming Uses; 13.10.265, Nonconforming Structures; 13.10.332, Commercial Uses; 13.10.342, Industrial Uses; 13.10.510, Application of Site Standards; 13.10.658, Recycling Facilities; 13.10.700, Definitions; add Sections 13.10.261, Residential Nonconforming Uses and 13.10.262, Nonresidential Nonconforming Uses; and amend Sections 2.12.3 and 8.4.2 of the General Plan/Local Coastal Program regarding Residential Nonconforming Uses and General Nonconforming Uses Provisions 53. AUTHORIZED acceptance of credit cards as payment for certain permit fees, as recommended by the Planning Director 54. APPROVED expenditure of Proposition 70 grant funds for the purchase of agricultural conservation easements and approved related actions, as recommended by the Planning Director 55. SCHEDULED public hearing for the morning agenda of Tuesday, August 11, 1998 to consider the Anna Jean Cummings Park Draft Recreational Master Plan, as recommended by the Redevelopment Agency Administrator 56. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DENIED claim of Rhodes and Kesling, No. 798-134, as amended, and referred to County Counsel 57. SEE ITEM NO. 63.1, REGULAR AGENDA 58. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract amendment with Tri-B, Incorporated, in the amount of $54,000 for the Simpkins Family Swim Center and Live Oak Community Center; adopted RESOLUTION NO. 271-98 accepting and appropriating unanticipated revenue from Capital Projects Bond Proceeds Reserves in the amount of $54,000; and approved related actions, as recommended by the Redevelopment Agency Administrator 59. 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.: Potter v. County of Santa Cruz, et al. (Santa Cruz Superior Court Case No. 130738); County of Santa Cruz v. California State Board of Forestry (California Court of Appeals Case No. 980561); Arreola et al. v. County of Monterey, et al. (Monterey 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. 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 THE LABOR NEGOTIATOR Agency negotiator: Personnel Director All Employee Organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors authorized and directed County Counsel to file a petition for rehearing with the Court of Appeals in the case of County of Santa Cruz v. California State Board of Forestry and authorized the filing of a petition for review with the California Supreme Court if the petition for rehearing is denied (SWrAB); authorized the filing of a complaint for restitution by County Counsel against Maria Silvia Pintor (SWRAB); and authorized settlement of the claim of Patrick Walsh in the amount of $10,000 (SWRAB) 59.1 ACCEPTED offer by the Monte Foundation to provide the County with turf fields associated with three ball fields and one soccer field, a second paved parking area, extension of the access road to the second parking area and the associated drainage improvements at the Polo Grounds County Park in Aptos; approved agreement with Dunbar and Craig to provide construction staking at the Polo Grounds in the amount of $11,610; approved amendment with Bowman and Williams to provide support services at the Polo Grounds; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services REGULAR AGENDA 60. APPROVED at-large appointment of Robert Paul Quinn to the Managed Medical Care Commission, for a term to expire March 31, 1999 SRWAB 61. APPROVED at-large appointment of Timothy Kelbert to Area VII Developmental Disabilities Board, for a term to expire January 1, 2001 SRWAB 61.1 CONSIDERED recommendations relative to a possible declaration of groundwater emergency in the Pajaro Valley; directed County Counsel to report back September 22, 1998 on the Board's legal authority in relation to the service area within the Pajaro Valley Water District and on what specific meaning there is to the Board declaring a water emergency; further directed that staff report back in April, 1999 on ongoing activities in the Pajaro Valley to mitigate overdraft in that district WSRAB 62. RECEIVED bids regarding Well Pump Water System at the Polo Grounds County Park Site; accepted bid proposals and awarded contract to F & M Engineering Contractors, Inc. SR/W/AB 63. Public hearing held to consider adoption of an ordinance extending interim zoning Ordinance No. 4473 relating to helicopter logging; closed public hearing; motion failed with Supervisors Belgard and Symons voting "no" (required 4/5's vote for adoption) 63.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED TO JUNE 23, 1998 to direct the Agency Administrator to proceed with the conversion of a duplex at the Chanticleer Park property to a single family residence WASRB 63.2 CONTINUED TO JUNE 23, 1998 consideration to adopt recommended additions and modifications to the County Procedures Manual, and direct Clerk of the Board to take related actions, with an additional directive RASWB 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 August 4, 1998