PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 98, NUMBER 18 JUNE 23, 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, See Item No. 73.5, Consent Agenda 3. Additions and Deletions to Consent Agenda 4. ORAL COMMUNICATIONS - Three 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 WASRB 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of June 9, 1998, as recommended by the Clerk of the Board 8. DELETED ITEM 9. ADOPTED RESOLUTION NO. 275-98 supporting the Agricultural Commissioner's sponsorship of a grant application for AB 2766, Motor Vehicle Emission Reduction Grant Program funds for low pollution agricultural engines, as recommended by the Agricultural Commissioner 10. ADOPTED RESOLUTION NO. 276-98 determining disability retirement of a safety member, as recommended by the Personnel Director 11. DENIED claim of Peter M. Brotz and Deborah Meredith No. 798-141 and referred to County Counsel 12. DENIED claim of Linda C. Alban No. 798-142 and referred to County Counsel 13. DENIED claim of Carol and L. Basnight No. 798-143 and referred to County Counsel 14. DENIED claim of Carol L. Basnight No. 798-143, amended, and referred to County Counsel 15. DENIED claim of Thomas Trocki No. 798-147 and referred to County Counsel 16. DENIED claim of State Farm General Insurance Company (Ingebord Aberham) No. 798-149 and referred to County Counsel 17. DENIED claim of Robert and Lisa Martone No. 798-152A and referred to County Counsel 18. DENIED claim of Marian Oliker No. 798-152B and referred to County Counsel 19. DENIED claim of Kevin Gambucci No. 798-158 and referred to County Counsel 20. AS THE BOARD OF DIRECTORS OF THE PAJARO VALLEY STORM DRAIN MAINTENANCE DISTRICT, DENIED claim of Louis Jemison No. 798-160A and referred to County Counsel 21. AS THE BOARD OF DIRECTORS OF THE PAJARO VALLEY STORM DRAIN MAINTENANCE DISTRICT, DENIED claim of M. F. Farming Company No. 798-160B and referred to County Counsel 22. AUTHORIZED the Personnel Director to renew the Property Insurance at the premium of $128,550; Non- owned Aircraft Liability Insurance at the premium of $8,146; Excess Workers' Compensation Insurance at the premium of $74,566; and Excess Liability Insurance at the Self-Insurance Retention of $500,000 and limits up to $25 million at a premium not-to-exceed $160,000, subject to the approval of the Liability/Property Budget and the Worker's Compensation Budget, as recommended by the Personnel Director 23. ADOPTED RESOLUTION NO. 277-98 acknowledging responsibility for the liability program self-insured retention and execution of agreements with the Santa Cruz County Sanitation District, Santa Cruz County Regional Transportation Commission and the Municipal and Superior Courts, as recommended by the Personnel Director and County Counsel 24. ADOPTED RESOLUTION NO. 278-98 in support of Assembly Bill 1212 regarding construction of County juvenile facilities, as recommended by the Chief Probation Officer 25. APPROVED plans and specifications for the Santa Cruz Veterans Memorial Building Improvements; set bid opening for Tuesday, August 4, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of General Services 26. APPROVED plans and specifications for the Valencia Hall Drainage Project; set bid opening for Tuesday, August 4, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of General Services 27. SEE ITEM NO. 81.1, REGULAR AGENDA 28. ACCEPTED AND FILED the Statement of Vote for the June 2, 1998 Consolidated Primary Election, as recommended by the County Clerk-Recorder 29. ADOPTED RESOLUTION NO. 279-98 extending the term of the Committee for Economic Vitality to June 30, 1999, and reappoint its members to terms expiring on that date, as recommended by the County Administrative Officer 30. APPROVED Community Television of Santa Cruz County's 1998/99 activities plan and budget, with an additional directive 31. ADOPTED RESOLUTION NO. 280-98 accepting and appropriating unanticipated revenues in the amount of $103,000 from the schools and the City of Scotts Valley as reimbursement for the costs incurred while conducting their elections, as recommended by the County Clerk-Recorder 32. ACCEPTED notification of at-large vacancy on the Children's Commission, in the category of "provider," with nominations for appointment to be received on August 4, 1998 and final appointment to be made August 11, 1998, as recommended by Chairperson Beautz 33. APPROVED appointment of Don Allegri to the Children's Commission, as the representative of the Human Resources Agency, for a term to expire April 1, 2001, as recommended by Chairperson Beautz 34. ADOPTED RESOLUTION NO. 281-98 authorizing the closure of streets in Felton for the "Race Through the Redwoods" event, as recommended by Supervisor Almquist 35. APPROVED appointment of Theresa Ontiveros to the Latino Affairs Commission for a term to expire April 1, 1999, as recommended by Supervisor Belgard 36. ADOPTED RESOLUTION NO. 282-98 authorizing the closure of streets in Felton for "All Out August" street fair to be held August 1, 1998 from 1:00 p.m. until 9:30 p.m., and approved related actions, as recommended by Supervisor Almquist 37. APPROVED gross pay adjustments for employees who inadvertently did not receive a scheduled step increase, as recommended by the Personnel Director 38. ADOPTED RESOLUTION NO. 283-98 authorizing the County to submit an application for the 1998 CSAC Challenge Awards program regarding Santa Cruz County Youth Community Service Program, as recommended by the County Administrative Officer 39. SEE ITEM NO. 74.1, REGULAR AGENDA 40. APPROVED the Health Services Agency Administrator to sign the revenue agreement with State Department of Alcohol and Drug Programs for three years which provides for $2,400,785 of revenue in the 1998/99 fiscal year; and authorized the Health Services Agency Administrator to sign subsequent amendments to the agreement, as recommended by the Health Services Agency Administrator 41. AUTHORIZED the Human Resources Agency Administrator to sign the agreement with California State University, Sacramento, to provide staff development training, contingent upon the approval of the Human Resources Agency's recommended 1998/99 budget, as recommended by the Human Resources Agency Administrator 42. APPROVED agreement with Parents Center in the amount of $140,000 to provide Child Welfare Services in fiscal year 1998/99, and the agreement with the Mondanaro-Baskin Center in the amount of $45,000 to provide Family Preservation services in fiscal year 1998/99, and authorized the Human Resources Agency Administrator to sign the agreement contingent upon the approval of Human Resources Agency's recommended 1998/99 budget, as recommended by the Human Resources Agency Administrator 43. ADOPTED RESOLUTION NO. 284-98 authorizing the County to submit an application for 1998 CSAC Challenge Awards program regarding Interagency Out-of-Home Placement Alternatives, as recommended by the Human Resources Agency Administrator 44. APPROVED revenue agreement between the Pajaro Valley School District and the County of Santa Cruz Human Resources Agency, providing $36,000 to support wages, benefit and overhead for one Healthy Start Case Manager/Family Advocate, and authorized the Human Resources Administrator to sign the agreement and related documents, as recommended by the Human Resources Agency Administrator 45. APPROVED transfer of $11,631 within Family Relations budget unit to provide for changes in contractor payments, as recommended by the Human Resources Agency Administrator 46. ACCEPTED low bid of Madonna Construction Company in the amount of $912,021 for 41st Avenue Improvements and Hook Parking Lot; adopted RESOLUTION NO. 285-98 accepting unanticipated revenue in the amount of $77,464.80; and approved related actions, as recommended by the Director of Public Works 47. ADOPTED RESOLUTION NO. 286-98 authorizing the Department of Public Works and Redevelopment Agency to submit an application for the 1998/99 Coastal Resources Grant Program/East Cliff Drive Coastal Access Project, as recommended by the Director of Public Works 48. ADOPTED RESOLUTION NO. 287-98 for right-of-entry acquisition for 41st Avenue Road Improvement Project, and approved payment of claims, as recommended by the Director of Public Works 49. ACCEPTED low bid of Bugler Construction, Incorporated, in the amount of $196,940 for the Jamison Creek Road Storm Damage Repair; authorized award of contract and the Director of Public Works to sign; and adopted RESOLUTION NO. 288-98 accepting unanticipated revenue in the amount of $230,000 from the California Department of Transportation, as recommended by the Director of Public Works 50. ACCEPTED low bid of M.K.M. General Engineering Company in the amount of $130,700 for the Green Valley Road Storm Damage Repair Projects and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 51. APPROVED plans, specifications and engineer's estimate for Daubenbiss Parking Lot, Soquel Village; authorized calling for bids; set bid opening for Tuesday, August 4, 1998 at 10:45 a.m.; and approved related actions, with an additional directive 52. ACCEPTED improvements for Soquel Creek Bank Protection Project; approved final cost of $462,448.28; authorized the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 53. APPROVED plans, specifications and engineer's estimate for County Service Area No. 26, Hidden Valley Road/Muir Drive Overlay; set bid opening for Tuesday, August 4, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 54. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED plans, specifications and engineer's estimate for the construction of pump station upgrades; set bid opening for Tuesday, August 4, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 55. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED contract with J. Johnson and Company for Freedom Boulevard Manhole Piping and Connection Repair and authorized the District Engineer to sign the agreement, as recommended by the Director of Public Works 56. ADOPTED RESOLUTION NO. 289-98 determining certain properties not needed for public purposes and directed Public Works Real Property to negotiate leases, as recommended by the Director of Public Works 57. APPROVED transfer of funds for the Roy Wilson Maintenance Yard Fuel Tank Installation and adopted RESOLUTION NO. 290-98 accepting unanticipated revenue in the amount of $41,000, as recommended by the Director of Public Works 58. ACCEPTED improvements for Mt. Charlie Road Storm Damage Repair; approved the final cost of $525,923.22; authorized the Clerk of the Board to take related actions, as recommended by the Director of Public Works 59. APPROVED proceeding with emergency storm damage repairs for San Andreas Road at Manresa Beach State Park; adopted RESOLUTION NO. 291-98 accepting and appropriating unanticipated revenue in the amount of $275,000 from the California Department of Transportation into 1997/98 Public Works Road Program budget; authorized award of contract of Anderson Pacific Engineering in the amount of $225,000; and approved related actions, as recommended by the Director of Public Works 60. ADOPTED RESOLUTION NO. 292-98 accepting and appropriating Federal Management Agency Funds in the amount of $389,100 for disaster relief funding, as recommended by the Director of Public Works 61. SCHEDULED public hearing for the afternoon agenda of August 18, 1998, to consider a proposal to amend County Code Section 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 and 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 Use Provisions, as recommended by the Planning Director 62. ADOPTED RESOLUTION NO. 293-98 accepting and appropriating unanticipated revenue in the amount of $25,000 within Planning Budget, as recommended by the Planning Director 63. AUTHORIZED County Counsel to sign a letter agreement to extend the term of the Quail Hollow Quarry Stipulation to September 1, 1998 and authorized the County Administrative Officer to sign a Grant Deed of Perpetual Conservation Easement for the West Ridge habitat set aside at Quail Hollow Quarry, as recommended by the Planning Director 64. APPROVED Database License Agreement for $6,000 with the Land Trust of Santa Cruz County, as recommended by the Planning Director and the County Assessor 65. APPROVED contract amendment with First Alarm Security and Patrol for related security services in the amount of $4,730 for fiscal year 1998/99; authorized the Director of County Parks to sign the contract contingent upon approval of departmental budget; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services 66. ADOPTED RESOLUTION NO. 294-98 authorizing submission of a grant application to the State 1998/99 Coastal Resources Grant Program for $100,000 to fund the construction of a coastal stairway at Pleasure Point, and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services 67. AUTHORIZED the Redevelopment Agency to negotiate and sign an amendment to the Paloma Del Mar Rent Subsidy Agreement, as recommended by the Redevelopment Agency Administrator 68. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Agency Administrator to negotiate the purchase of a mobile home in McIntosh Mobile Home Park, and approved related actions, as recommended by the Redevelopment Agency Administrator 69. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED public hearing for August 11, 1998, on the morning agenda, to consider the Disposition and Development Agreement between Santa Cruz Community Housing Corporation and the Redevelopment Agency, and approved related actions, as recommended by the Redevelopment Agency Administrator 70. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED grant of up to $30,000 for Housing Authority projects, and authorized the Agency Administrator to sign, as recommended by the Redevelopment Agency Administrator 71. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of $840,320 for the Hook Parking Lot and 41st Avenue Beach Access Project; adopted RESOLUTION NO. 295-98 accepting unanticipated revenue totaling $165,320 from the Redevelopment Agency Capital Projects Bond Proceeds Reserves; and approved related actions, as recommended by the Redevelopment Agency Administrator 72. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DIRECTED the Agency Administrator to proceed with the conversion of a duplex at the Chanticleer Park property to a single family residence, as recommended by the Redevelopment Agency Administrator 73. 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.: Griffith v. County of Santa Cruz; City of Santa Cruz (Santa Cruz Superior Court Case No. 133920) Case Name/No.: Ottinger v. Redevelopment Agency of the County of Santa Cruz (Santa Cruz Superior Court Case No. 133563); M & G Construction v. Freedom County Sanitation District (Santa Cruz Municipal Court Case No. 961407); Dodson v. County of Santa Cruz, (WCAB 67104-107, 70802); Lancelin v. Thurber, et al. (Federal District Court No. 97-20892) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case. REPORT OF COUNTY COUNSEL - Report will be given June 25, 1998 73.1 APPROVED settlement in the total amount of $175,000 and authorized the Auditor-Controller to issue a check, as recommended by County Counsel 73.2 DENIED application to file a late claim on behalf of Mercury Casualty Company aka Mercury Insurance Company No. 798-161 and referred to County Counsel 73.3 DIRECTED Public Works and Planning to process a Level 4 amendment to the Conditions of Approval for the Coastal/Subdivision/Residential Permit for the Seascape Uplands Subdivision; and approved related actions, as recommended by the Director of Public Works 73.4 SEE ITEM NO. 81.2, REGULAR AGENDA 73.5 ACCEPTED additional item for consideration according to criteria specified, that being a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted (WRSAB); DENIED claim of Walter S. Hiatt, No. 798-162 and referred to County Counsel REGULAR AGENDA 74. Public hearing held to consider award of the In-Home Supportive Services contract to Addus Healthcare, Incorporated, of Chicago, Illinois, for the period of August 1, 1998 through June 30, 1999; closed public hearing; approved the award of the IHSS contract for the period of August 1, 1998 through June 30, 1999 at the rate of $12.38 per hour for 168,667 hours, in the maximum amount of $2,088,381 to Addus HealthCare, Inc. of Chicago, Illinois; authorized the Human Resources Agency Administrator to sign the IHSS contract on behalf of the County, and begin the contract transition period on July 1, 1998, contingent upon approval of the Human Resources Agency's recommended FY 1998/99 budget ASWRB 74.1 DIRECTED staff to sponsor future meetings, as (1) needed, to coordinate improved management at the Watsonville Sloughs System and approved related actions; (2) with an additional directive that Planning, Public Works and Environmental Health staff be required to hold at least two meetings per year (1) RSWAB (2) AWSrB 75. Public hearing held to consider adoption of resolutions on proposed 1998/99 fire protection rates for County Service Area No. 4 (Pajaro Dunes) and No. 48 (County Fire) and on the proposed service charge reports; closed public hearing; adopted RESOLUTION NO. 296-98 establishing service charges for the 1998/99 fiscal year for County Service Area No. 48, County Fire Protection and County Service Area No. 4, Pajaro Dunes; adopted RESOLUTION NO. 297-98 confirming service charge reports for fiscal year 1998/99 for County Service Area No. 48, County Fire Protection and County Service Area No. 4, Pajaro Dunes SAWRB 76. RECEIVED bids regarding Valencia Hall Renovation Project; accepted bid proposals and awarded contract to Watsonville Construction Co. RW/S//A/B 77. RECEIVED bids regarding Bonny Doon Replacement Fire Station Project and referred to General Services to return with a recommendation on or before June 25, 1998 RWSAB 78. RECEIVED bids regarding Corralitos Road/Varni Road Intersection Improvement and referred to Public Works to return with a recommendation on or before June 25, 1998 RWSAB 79. RECEIVED bids regarding February 1998 Storm Damage Repair Project - Valencia Road and referred to Public Works to return with a recommendation on or before June 25, 1998 RWSAB 80. RECEIVED bids regarding Bear Creek Road 1998 Storm Damage Repair Projects and referred to Public Works to return with a recommendation on or before June 25, 1998 RWSAB 81. RECEIVED bids regarding Soquel Drive 1998 Storm Damage Repair Project at Redwood Village and referred to Public Works to return with a recommendation on or before June 25, 1998 RASWB 81.1 ADOPTED recommended additions and modifications to the County Procedures Manual, with an additional directive RBSWA 81.2 DELETED ITEM 82. CONSIDERED adoption of an ordinance amending Chapter 5.16 of the Santa Cruz County Code relating to the regulation of cardrooms; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return August 4, 1998 for final adoption; with an additional directive that County Counsel report back on August 4, 1998 with information regarding the financial cost associated with regulating such an establishment that might be used in establishing a regulatory fee associated with the issuance of these types of licenses (1) RWSAB (2) AWSRB Continued Board of Supervisors meeting to Thursday, June 25, 1998 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