PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 97, NUMBER 15 JUNE 2, 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 - No one 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 WSRAB 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of May 19, 1998, as recommended by the Clerk of the Board 8. DELETED ITEM 9. ACCEPTED AND FILED Treasurer's Monthly Cash Report for the period ending April 30, 1998, as recommended by the Treasurer-Tax Collector 10. APPROVED recommendation to instruct the Auditor- Controller to issue replacement warrants in the amount of $4,441.60, as recommended by the Auditor-Controller 11. ACCEPTED AND FILED Volume II, Departmental Line Item Budget Detail, for the 1998/99 proposed budget, as recommended by the County Administrative Officer 12. APPROVED contract for outside legal services with Bennett and Rowland in an amount not to exceed $30,000 per fiscal year, as recommended by County Counsel 13. ADOPTED RESOLUTION NO. 239-98 accepting and appropriating unanticipated revenue in the amount of $26,000 from Title IV-E for over-expenditures in the Care of Court Wards budget, as recommended by the Chief Probation Officer 14. AUTHORIZED County Fire Chief/Fire Marshal to sign Matching Fund Grant Program agreements in the amount of $10,000 for fiscal year 1997/98, and approved related actions, as recommended by the Director of General Services 15. APPROVED purchase and installation of Toshiba key system with voice mail for the Veteran's Service Office and approved realignment of fixed asset appropriations within Information Services/Telecommunications 1997/98 budget, as recommended by the Information Services Director 16. AUTHORIZED an increase in the encumbrance for expert witness services with Exponent Failure Analysis, as recommended by the Personnel Director 17. APPROVED agreement with Santa Cruz Consolidated Emergency Communications Center with revised administrative charges for insurances for fiscal year 1998/99, as recommended by the Personnel Director 18. APPROVED contract for worker's compensation claims administration for the period July 1, 1998 through June 30, 1999 and authorized the Personnel Director to sign the contract with Claims Management, Incorporated, subject to the approval of the 1998/99 Workers' Compensation Budget, as recommended by the Personnel Director 19. AUTHORIZED the Personnel Director to renew the Boiler and Machinery Insurance; Fine Arts Insurance; Non- owned Aircraft Liability Insurance; and Excess Liability Insurance policies at amounts not to exceed the 1998/99 budget, effective July 1, 1998, subject to the approval of the 1998/99 Liability/Property Budget, as recommended by the Personnel Director 20. DELETED ITEM 21. DENIED claim of Armando Garcia, Jr., No. 798-128 and referred to County Counsel 22. DENIED claim of Jonni Faircrest No. 798-129 and referred to County Counsel 23. DENIED claim of Matthew Hill No. 798-137 and referred to County Counsel 24. APPROVED amendment to increase contract for legal services with Lepper, Schaefer and Harrington by $75,000 for the 1997/98 fiscal year and approved transfer of funds in the amount of $100,000 from the general liability claims account to the legal services account, as recommended by County Counsel 25. APPROVED plans and specifications for the Valencia Hall Renovation Project; directed General Services to advertise for bids; and set bid opening for Tuesday, June 23, 1998 at 10:45 a.m., as recommended by the Director of General Services 26. ADOPTED ORDINANCE NO. 4504 amending Section 2.118.020 of the Santa Cruz County Code regarding the Membership of the Santa Cruz County Domestic Violence Commission 27. DEFERRED consideration of final appointments to the Job Training Task Force to June 16, 1998, as recommended by the County Administrative Officer 28. AUTHORIZED First Bank to assign the rights and obligations of its contract with Santa Cruz County for credit card services to U.S. Bank and authorized the General Services Director to sign the amendment of the agreement associated with the transfer of ownership, as recommended by the Director of General Services 29. APPROVED plans and specifications for the Bonny Doon Replacement Fire Station project; set bid opening for Tuesday, June 23, 1998 at 10:45 a.m.; and directed the General Services Department to advertise for bids, as recommended by the Director of General Services 30. APPROVED revised debt schedule for purchase of fire truck for Pajaro Dunes (County Service Area No. 4) and authorized transfer from fund balance available, reserves, and cancellation of prior year encumbrance for down payment, as recommended by the Director of General Services 31. ADOPTED RESOLUTION NO. 240-98 accepting and appropriating unanticipated revenue in the amount of $25,500 from the Automated Warrants Trust and approved related actions, as recommended by the Sheriff-Coroner 32. APPROVED agreements between the State of California and the County that provide State reimbursement to the County for cost associated with the temporary housing of California Youth Authority wards at the Water Street Jail, and authorized the Sheriff-Coroner to sign the agreements, as recommended by the Sheriff- Coroner 33. ADOPTED RESOLUTION NO. 241-98 amending Personnel Regulations revising title of various Election Officers and increasing the stipend for polling place workers, as recommended by the Treasurer-Tax Collector 34. DELETED ITEM 35. SEE ITEM NO. 69.2, REGULAR AGENDA 36. DIRECTED the County Administrative Officer to return on September 22, 1998 with recommendations on the humane treatment of animals used in biomedical research and production, as recommended by the County Administrative Officer 37. AUTHORIZED upgrade of the computer network for the District Attorney's Family Support Division, as recommended by the District Attorney 38. DEFERRED report on the space needs for the District Attorney's Office to August 4, 1998, as recommended by the County Administrative Officer 39. ACCEPTED AND FILED Marine Sanctuary Discovery/Visitor's Center Analysis and authorized staff to submit the final report to the federal Economic Development Administration; adopted RESOLUTION NO. 242-98 accepting unanticipated revenue in the amount of $8,000; and approved related actions, as recommended by the County Administrative Officer 39.1 SEE ITEM NO. 69.1, REGULAR AGENDA 40. APPROVED agreements with Mid-Coast Visiting Nurse Association in the amount of $12,893, Prime Health at Home in the amount of $64,990, and Food and Nutrition in the amount of $22,885 for immunization services; authorized the Health Services Agency to make contract budget amendments; adopted RESOLUTION NO. 243-98 authorizing the 1998/99 Immunization Program State contract; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 41. APPROVED fiscal year 1997/98 contract for mental health software services with United Behavioral Health, Incorporated, in the amount of $150,000 and authorized the Health Services Agency Administrator to sign, as recommended by the Health Services Agency Administrator 42. APPROVED amendment to the preventive medicine affiliation agreement with the University of California; authorized the Health Services Agency Administrator to sign; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 43. ADOPTED RESOLUTION NO. 244-98 approving the State Performance contract for mental health services and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 44. ADOPTED RESOLUTION NO. 245-98 accepting and appropriating $5,636 in unanticipated revenue for the AIDS Case Management Program and adopted RESOLUTION NO. 246-98 authorizing the Health Services Agency Administrator to sign the related amendment and Memorandum of Understanding for the Case Management Program when received; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 45. APPROVED amendment to the agreement with the California State Association of Counties to increase contract for MediCal Administrative Claiming Activities in the amount of $2,000 to $10,357, as recommended by the Health Services Agency Administrator 46. 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 47. DEFERRED report on efforts to improve ambulance services to the Bonny Doon area until October 27, 1998, as recommended by the Health Services Agency Administrator 48. APPROVED transfer of funds in the amount of $400,000 within the Health Services Agency clinic budgets, as recommended by the Health Services Agency Administrator 49. APPROVED transfer of funds within the Job Training Partnership Act program in order to align the budget with current training program needs, as recommended by the Human Resources Agency Administrator 50. ACCEPTED AND FILED report on the Seniors Council/Area Agency on Aging, as recommended by the Human Resources Agency Administrator 51. ACCEPTED AND FILED report on regional workforce preparation and economic development activities, approved application of the Human Resources Agency for Regional Workforce and Economic Development Act funds, and directed the County Administrative Office and Human Resources Agency to return to the Board when notification is received regarding the grant if further action is recommended, as recommended by the County Administrative Officer and the Human Resources Agency Administrator 52. ADOPTED RESOLUTION NO. 247-98 authorizing Public Works to submit an application to the State Department of Boating and Waterways for funding Coastal Bluff Stabilization on East Cliff Drive between 32nd and 36th Avenues, as recommended by the Director of Public Works 53. APPROVED plans, specifications and engineer's estimate for the February 1998 Storm Damage Repair Project on Valencia Road; authorized calling for bids; set bid opening for Tuesday, June 23, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 54. APPROVED plans, specifications and engineer's estimate for the Bear Creek Road 1998 Storm Damage Repair Project; authorized calling for bids and set bid opening for Tuesday, June 23, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 55. APPROVED plans, specifications and engineer's estimate for the Soquel Drive at Redwood Village 1998 Storm Damage Repair Project; authorized calling for bids and set bid opening for Tuesday, June 23, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 56. APPROVED plans, specifications and engineer's estimate for the Corralitos Road/Varni Road Intersection Improvement Project; authorized calling for bids and set bid opening for Tuesday, June 23, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 57. SEE ITEM NO. 70.1, REGULAR AGENDA 58. APPROVED final map of Tract 1306, Heather Terrace (Soquel Drive); authorized the Director of Public Works to sign the subdivision agreement; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 59. SEE ITEM NO. 69.3, REGULAR AGENDA 60. APPROVED amendment to the agreement with State Parks, to extend the term to June 30, 1999, for the completion of Phase Three of the Buzzard Lagoon Revegetation Project; and authorized the Director of County Parks to sign the amendment, as recommended by the Director of Parks, Open Space and Cultural Services 61. APPROVED creation of nine affordable housing credits (1) for the Redevelopment Agency connected with the recently-completed Merrill Road and Casa Linda affordable housing projects; and (2) authorized the Redevelopment Agency Administrator, as administrator for the County for Paloma Del Mar Credits, to sell the remaining four credits for $100,000, and approved related actions, as recommended by the Redevelopment Agency Administrator (1) wSRAB (2) WSRAB 62. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED pricing and sale of seventeen of the Agency's affordable housing credits to pending projects, as recommended by the Redevelopment Agency Administrator wSRAB 63. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment Agency to negotiate and sign a revised loan reimbursement agreement for off-site improvements constructed as part of the Portola Drive Improvement Project, as recommended by the Redevelopment Agency Administrator 64. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment Agency Administrator to sign an agreement to provide up to $10,000 toward restoration of Bonita Lagoon, as recommended by the Redevelopment Agency Administrator 65. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED various actions regarding the Vista Verde Family Housing Project including approval of a pre-development loan of $150,000 to South County Housing Corporation, as recommended by the Redevelopment Agency Administrator 66. 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.: City and County of San Francisco v. Phillip Morris, et al. (U.S. District Court Case No. C-96-2090); Ramirez v. Gombos (U.S. District Court Case No. 9820248EAI) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation to be considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Chief Negotiator and Personnel Director All Employee organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors approved entering into a contract for legal services with Milberg, Weiss, Bershad, Hynes and Lerach for prosecution of ongoing tobacco litigation in the cases of City and County of San Francisco v. Phillip Morris, et al. (Federal District Court No. C-96-2090) and People of the State of California v. Phillip Morris, et al. (San Francisco Superior Court No. 980864) (/S/WRAB) 66.1 APPROVED endorsement of amendments to S 1415 (McCain) proposed by Senators Gregg/Leahy and Senator Feinstein and requested the Chairperson to communicate the Board's position to the appropriate members of the U.S. Senate and the Administration, as recommended by County Counsel REGULAR AGENDA 67. CONSIDERED the Sheriff's 1997 Marijuana Suppression Report and the proposed 1998/99 Marijuana Suppression Program; accepted and filed report; approved renewal of the Cannabis Eradication Program in the amount of $35,000 for FY 98/99 from the Drug Enforcement Agency; approved a grant extension from July 1, 1998 through June 30, 1999 for the Marijuana Suppression Program (FY98/99) in the amount of $217,850 from the State Office of Criminal Justice Planning; with an additional directive that the Sheriff and County Administrative Officer report back regarding asset forfeitures and revenues generated by the County maintained program; directed to continue the restrictions placed on the receipt of last year's monies; directed the Sheriff and District Attorney to report back with written policy statements regarding medical marijuana and personal use of marijuana; and further directed County Counsel to contact Humboldt County regarding recent California Environmental Quality Act (CEQA) issues surrounding helicopter flights involved in marijuana suppression RSwAB 68. Public hearing held to consider adoption of a resolution confirming service charge reports for the 1998/99 fiscal year for County Service Area No. 5, Sand Dollar Beach; closed public hearing; adopted RESOLUTION NO. 248-98 confirming service charge area reports for the 1998/99 fiscal year for County Service Area No. 5, Sand Dollar Beach SRWAB 69. CONSIDERED report and recommendation authorizing designation of the Central Fire Protection District as an approved paramedic service provider; continued to August 4, 1998 consideration of report and recommendation authorizing designation of the Central Fire Department as an approved paramedic service provider; with an additional directive to Health Services Agency staff to return on August 4, 1998 with a report that includes an agreement between American Medical Response (AMR) and Central Fire Protection District regarding the requirement that the Central Fire paramedic accompany patients to the hospital in the ambulance to assure continuity of care; clarify the ten dollar charge per patient record generated; request that NetCom provide information regarding the tracking of first response calls; include a comparison of training and hiring standards within the fire and AMR contracts; and address concerns regarding the maintaining of paramedic skill level RSWAB 69.1 ADOPTED RESOLUTION NO. 249-98 authorizing the District Attorney to reapply to OCJP for fiscal year 1998/99 Anti-Drug Abuse Enforcement Program funding; waived requirement for the recovery of indirect costs from OCJP for Anti-Drug Abuse Enforcement Program in fiscal year 1998/99; adopted RESOLUTION NO. 250-98 accepting and appropriating unanticipated revenue in the amount of $26,309; and approved additional directions regarding indirect costs; with an additional directive WASRB 69.2 ESTABLISHED a timeline, as amended, of 90 days from the effective date of the Biomedical Livestock Operation ordinance for the application from the Santa Cruz Biotechnology operation to be submitted to the County, directed staff to expedite processing of this application, and further directed staff to report back on September 1, 1998, on the status of this application SRwAB 69.3 DIRECTED the Planning Department to return on or before June 16, 1998 with the Deed of Agricultural Conservation Easement and the Purchase and Sale Agreement, for the Coast Dairies Land and Cardoza Dairy for final approval WASrB 70. CONSIDERED proposed Forest Practices Rules and Zoning Ordinances relating to Timber Harvesting; (1) accepted and filed report; (2) approved the proposed Forest Practice Rules amendments as submitted by Supervisor Almquist and directed Planning staff to submit these amendments to the California Department of Forestry for processing; (3) directed Planning staff to track the processing of the Forest Practice Rules amendments, assist the staff of the California Department of Forestry in the review of the submittal and to attend the hearings before the Board of Forestry; (4) appointed Supervisor Almquist as the Board's representative at the California Department of Forestry hearings on the proposed Forest Practice Rules amendments; (5) approved in concept, the Zoning Ordinance implementation, as amended: (A) to replace in Category 1 the language of Section 13.10.378, on limits of helicopter staging and logging operations, with the language in Section 926.28, on helicopter operations, contained in Supervisor Almquist's proposed amendments to the California Forest Practice Rules; (B) add to Category 3 the language from Section 926.26 of the proposed rules pertaining to riparian buffers in Class I and II watercourses and wetlands and Class III watercourses, and the language from Section 926.24 of the proposed rules pertaining to Residential buffers in non-TP zones; (C) add to Category 2 "that the establishment of minimum parcel size of greater than 20 acres for harvest in the SU zone district"; (D) to delete under Category 3 zoning districts CA, A and SU; and directed Planning staff to prepare specific language to implement these concepts and to process these General Plan/Local Coastal Program Land Use Plan and zoning ordinance amendments concurrently and on a schedule to have these amendments go into effect, at least outside the Coastal Zone, on January 1, 1999 and further directed staff to remove technical typographical errors for instance in the description of gating; (6) scheduled a public hearing on June 16, 1998, to consider an ordinance extending Interim Zoning Ordinance No. 4469 regarding helicopter logging for a period of time to allow for the development of the permanent regulations; (7) directed Planning Department to return on October 6, 1998, with a status report on the processing of the Forest Practice Rules amendments by the California Department of Forestry, and with a recommendation regarding an analysis that justifies the appropriate minimum size necessary for an SU (Special Use) zoned parcel to be designated as a timber resource WAsrB 70.1 APPROVED final map of Tract 1373, Harborview; authorized the Director of Public Works to sign the subdivision agreement; and directed the Clerk of the Board to take related actions RWSAB 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 16, 1998