PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 97, NUMBER 18 JUNE 24, 1997 ******************************************************************** 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 001. All Supervisors present Moment of Silence and Pledge of Allegiance 002. Consideration of Late Additions to the Agenda See Item No. 78.6, Consent Agenda 003. Additions and Deletions to Consent Agenda 004. 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.) 005. Additions and Deletions to Regular Agenda CONSENT AGENDA RBSAW 006. APPROVED claims as submitted by the Auditor-Controller 007. APPROVED minutes of June 10, 1997, as recommended by the Clerk of the Board 008. ACCEPTED AND FILED notification of continuing contracts received June 16, 1997 through June 20, 1997 and approved upon adoption of the 1996/97 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board 009. ADOPTED ORDINANCE NO. 4463 amending County Code Sections 18.10.222 relating to notification procedures and Sections 18.10.330 and 18.10.340 relating to Appeal Periods 010. APPROVED contract for $3,000 with Carl Worden and Associates to process payments of medical coverage for General Representation Unit employees enrolled in the domestic partner program at a cost of $5 per employee per month, as recommended by the Personnel Director 011. AS THE BOARD OF DIRECTORS OF THE PAJARO VALLEY STORM DRAIN MAINTENANCE DISTRICT, DENIED claim of Lucy Kovacich No. 697-146(001) and referred to County Counsel 012. AS THE BOARD OF DIRECTORS OF THE PAJARO VALLEY STORM DRAIN MAINTENANCE DISTRICT, DENIED claim of Vince Kovacich No. 697-146(002) and referred to County Counsel 013. DENIED claim of Lucy Kovacich No. 697-144(001) and referred to County Counsel 014. DENIED claim of Vince Kovacich No. 697-144(002) and referred to County Counsel 015. DENIED claim of Richard Sargent No. 697-152A and referred to County Counsel 016. DENIED claim of Kathy Sargent No. 697-152B and referred to County Counsel 017. DENIED claim of Sara Sargent No. 697-152C and referred to County Counsel 018. DENIED claim of Gerry M. Sebring and Cynthia Real No. 697-150 and referred to County Counsel 019. DENIED claim of Ben F. Tarsitano, D.D.S., M.D., No. 697-142 and referred to County Counsel 020. DENIED claim of Kirsten Fox No. 697-143 and referred to County Counsel 021. DENIED claim of Gordon Pacey No. 697-154 and referred to County Counsel 022. DENIED claim of California Compensation Insurance Company No. 697-155 and referred to County Counsel 023. DENIED claim of Lori Pierce and Dana Pierce No. 697- 156 and referred to County Counsel 024. ACCEPTED AND FILED report on Animal Control and directed the County Administrative Officer to return on December 9, 1997 with a further report and a recommended ordinance modifying Title 6 of the County Code relating to Animals, as recommended by the County Administrative Officer 025. ACCEPTED report on Natural Gas Fueling Coalition projects, and directed the General Services Department to return with an updated report on the status of the construction work and the results of the requests for additional funds on or before August 26, 1997, as recommended by the Director of General Services 026. ACCEPTED AND FILED status report on NetCom's call handling of noise complaints in the unincorporated area, as recommended by the Director of General Services 027. APPROVED contract award for 1020/1040 Emeline Avenue Remodel to Roger Jones Construction, Incorporated, in the amount of $210,881; authorized the General Services Director to sign the contract agreements and associated documents; and approved related actions, as recommended by the Director of General Services 028. APPROVED agreement with D/PM Incorporated for design services in connection with seismic retrofit at 1060 Emeline Avenue building in the amount of $13,500; and authorized the Director of General Services to sign the contract agreements, as recommended by the Director of General Services 029. SEE ITEM NO. 80.1, REGULAR AGENDA 030. APPROVED Memorandum of Understanding for Sheriff's Supervisory Representation Unit, adopted RESOLUTION NO. 279-97 to implement agreement, and authorized the Personnel Director to sign the agreement, as recommended by the Personnel Director 031. ACCEPTED report on the Sheriff's Department Warehouse Storage Facility at 100 Rountree Lane, and directed the General Services Department to return on August 5, 1997 with a further recommendation on this project, as recommended by the Director of General Services 032. ACCEPTED the Law Library Relocation and Access Ramp as complete; approved final cost of $254,185; and approved related actions, as recommended by the Director of General Services 033. AUTHORIZED the Personnel Director to renew various insurance coverages effective July 1, 1997, as recommended by the Personnel Director 034. ADOPTED RESOLUTION NO. 280-97 amending Resolution No. 279-75 to implement classification and salary actions in various departments, as recommended by the Personnel Director 035. ACCEPTED certification of results of balloting from the Elections Department regarding assessment for fire protection services within County Service Area 4 and County Service Area 48 and directed the Elections Department to retain the ballots for at least six months following the certification; adopted RESOLUTION NOS. 281-97 AND 282-97 authorizing and levying assessments for fire protection services within County Service Areas 4 and 48; approved the attachment to the engineer's report identifying and describing parcels and assessments within County Service Area 48 that have been modified; and approved related actions, as recommended by the Emergency Services Coordinator 036. ADOPTED RESOLUTION NO. 283-97 supporting the Welfare Reform Conference Committee Report on Welfare Reform Implementation in California and urging the adoption of a State welfare budget that includes the provisions outlined in the report, as recommended by Supervisor Wormhoudt rBSAW 037. APPROVED appointment of Vincent J. Toolan to the Place De Mer Geologic Hazard Abatement District Board of Directors, until the next general election and until any person elected at that election has been qualified, as recommended by Chair Wormhoudt 038. APPROVED Conflict of Interest Code adopted by the Library Joint Powers Board for the Santa Cruz City- County Library System as required by law and transmission of that approval to the Fair Political Practices Commission, as recommended by Supervisor Almquist 039. DIRECTED the Planning Director to take whatever actions may be necessary to authorize appeals of timber harvest plans as requested by concerned area residents, should the plans be approved by CDF during the Board's recess in July, as recommended by Supervisor Almquist 040. APPROVED amendment to the 1997/98 HIV Consortium Services agreement with SCAP and approved $2,500 increase in the encumbrance, as recommended by the Health Services Agency Administrator 041. AUTHORIZED payment of 1995/96 claims totaling $29,407.04 to SmithKline Beecham Clinical Laboratory, and approved related actions, as recommended by the Health Services Agency Administrator 042. ACCEPTED AND FILED report on AIDS Medication Assistance Fund and directed the Health Services Agency to provide a status report on or before 1998 budget hearings, as recommended by the Health Services Agency Administrator 043. AUTHORIZED contract with Haro, Kasunich and Associates in an amount not to exceed $10,000 to conduct a geotechnical analysis at 126 Front Street, Santa Cruz; and approved related actions, including a report back on or before August 12, 1997, as recommended by the Health Services Agency Administrator 044. AUTHORIZED the Health Services Agency Administrator to sign waiver of future claims against the federal government and State of California relating to MediCal Administrative Claiming for the period of July 1, 1992 through June 30, 1995, and approved related actions, as recommended by the Health Services Agency Administrator 045. APPROVED Santa Cruz County's participation in a four- county consortium application for a Transition Services planning grant from the David and Lucille Packard Foundation, as recommended by the Health Services Agency Administrator 046. ADOPTED RESOLUTION NO. 284-97 accepting responsibility and risk for Specialty Mental Health Services with risk shared with the State; accepted and approved County response to State requirements and directed Health Services Agency to submit to the State for approval; directed Mental Health program to enter into contract negotiations with United Behavior Health; directed Mental Health program to work with other Bay Area counties; and directed the Health Services Agency to return with a proposed budget and updated implementation program information on or before September 23, 1997, as recommended by the Health Services Agency Administrator 047. ADOPTED RESOLUTION NO. 285-97 in support of Assembly Bill 411 relating to Beach Safety and Testing, as recommended by the Health Services Agency Administrator 048. APPROVED amendment to the 1996/97 State revenue agreement for family planning services, and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 049. APPROVED Use Agreement amendment between the County of Santa Cruz and Front Street, Incorporated, which extends the term of the agreement for five years through June 30, 2002, as recommended by the Health Services Agency Administrator 050. ADOPTED RESOLUTION NO. 286-97 opposing Assembly Bill 1430 relating to health insurance and approved related actions, as recommended by the Health Services Agency Administrator 051. AUTHORIZED the Chairperson to send a letter to the California Employment Development Department in support of the Monterey Bay Regional School-to-Career Partnership's application for School-to-Career funding, as recommended by the Human Resources Agency Administrator 052. APPROVED a modification to the job training plan for operation of the Job Training Partnership Act programs as recommended by the Private Industry Council; and authorized the Human Resources Agency Administrator to sign and submit the revised plan to the State, as recommended by the Human Resources Agency Administrator 053. APPROVED agreement with the California State Association of Counties to provide continued Welfare Case Data System management; authorized the Human Resources Agency Administrator to sign the agreement; and approved related actions, as recommended by the Human Resources Agency Administrator 054. APPROVED 1997/98 contract amendment with Electronic Data Systems Corporation to maintain and improve the Welfare Case Data System; authorized the Human Resources Agency Administrator to sign the agreement; and approved related actions, as recommended by the Human Resources Agency Administrator 055. APPROVED plans, specifications and engineer's estimate for the Mt. Charlie Road Storm Damage Repair; authorized calling for bids; set bid opening for Tuesday, August 5, 1997 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 056. APPROVED plans, specifications and engineer's estimate and authorized calling for bids for Bean Creek Road Storm Damage Repair and Miller Cutoff Storm Damage Repair; set bid opening for Tuesday, August 5, 1997 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 057. ADOPTED RESOLUTION NO. 287-97 approving and accepting the terms and conditions of the contracts for right- of-way acquisitions for the Mission Drive Road Improvement Project; authorized the Director of Public Works to sign the contracts; and approved payment of claims, as recommended by the Director of Public Works 058. APPROVED amendment to agreement with Phillip Environmental for providing transportation, recycling and disposal services for the County's Household Hazardous Waste Collection Program in a not-to-exceed amount of $67,500; authorized the Director of Public Works to sign the agreement; and approved related actions, as recommended by the Director of Public Works 059. ADOPTED RESOLUTION NO. 288-97 accepting unanticipated revenue from the California Department of Conservation in the amount of $30,672; approved associated Independent Contractor Agreements; and authorized the Director of Public Works to sign, as recommended by the Director of Public Works 060. APPROVED plans, specifications and engineer's estimate; set bid opening for August 5, 1997 at 10:45 a.m.; and authorized calling for bids for Old Ranch Road Storm Damage Repair, County Service Area No. 23, and Redwood Drive Storm Damage Repair, County Service Area No. 33, as recommended by the Director of Public Works 061. APPROVED federal funding program supplement for the Murphy Crossing Low Water Bridge Reconstruction Project; adopted RESOLUTION NO. 288A-97 authorizing execution of agreement between the State of California and the County of Santa Cruz for the Murphy Crossing Road Low Water Bridge (Bridge No. 36-C-LWC1) Reconstruction Project Federal Project Number BRLO- 5936 (017) and approved related actions, as recommended by the Director of Public Works 062. ADOPTED RESOLUTION NO. 289-97 determining that certain real property owned by the County is not needed for public purposes and directed the Real Property Division to negotiate leases, as recommended by the Director of Public Works 063. DIRECTED Public Works to submit the Thurber Lane, East Zayante Road, and Bear Creek Road Traffic and Engineering Report to the California Highway Patrol for its review and approval; and return with a report back on August 26, 1997 with an ordinance to modify speed limits, as recommended by the Director of Public Works 064. ADOPTED RESOLUTION NO. 290-97 authorizing execution of easements on County owned property at 739 River Street; accepted $438 for the easement; authorized the Chair to sign the easement; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 065. ACCEPTED low bid of Jones Brothers Enterprises, Incorporated, of San Jose in the amount of $484,124 for the Murphy Road Low Water Crossing Project; adopted RESOLUTION NOS. 291-97 AND 292-97 accepting and appropriating funds from the County of Monterey and the Pajaro Valley property owners in the amount of $104,000; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 066. ACCEPTED low bid of Granite Construction Company in the amount of $453,548 for the 1996/97 County Overlay Project; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 067. ACCEPTED low bid from Granite Construction Company in the amount of $288,288 for the Rio Del Mar Boulevard at Soquel Drive and Polo Avenue Signalization Project; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 068. APPROVED reimbursement agreement for Sunset Beach Water Main Extension Proposed Assessment District and authorized the Chair to sign the agreement, as recommended by the Director of Public Works 069. APPROVED special provisions and engineer's estimate and authorized calling for bids on the 1997/98 Slurry Seal and Pavement Repair Project; set bid opening for August 5, 1997 at 10:45 a.m.; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works 070. SEE ITEM NO. 80.2, REGULAR AGENDA 071. SEE ITEM NO. 79.2, REGULAR AGENDA 072. SEE ITEM NO. 80.3, REGULAR AGENDA 073. ACCEPTED AND FILED status report on the Corralitos Town Plan, as recommended by the Planning Director 074. APPROVED an amendment to the Valencia Hall Project Agreement with Architectural Resources Group by extending the term of the agreement to June 30, 1999, reimbursing them for additional services in the amount of $1,450; and authorized the Director of Parks to sign the amendment, as recommended by the Director of Parks, Open Space and Cultural Services 075. APPROVED a contract amendment with Wesson Construction Company for a total amount of $68,750 for asphalt concrete paving associated with the Bonny Doon Beach Parking Improvement Project; and authorized the Director of Parks to sign the amendment, as recommended by the Director of Parks, Open Space and Cultural Services 076. APPROVED the relocation of temporary access easement between the County of Santa Cruz and the San Lorenzo Valley Water District for monitoring well site number three at Quail Hollow Ranch and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services 077. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing for acquiring necessary easements for an amount not to exceed $9,950 for the Mission Drive Improvement Project and approved related actions, as recommended by the Redevelopment Agency Administrator 078. 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.: Arreola et al. v. Monterey County, et al. (Monterey Superior Court Case No. 105661); Poppleton et al. v. County of Santa Cruz (Santa Cruz Superior Court Case No. 132573); Granite Rock v. County of Santa Cruz (Santa Cruz Superior Court Case No. 113495); County of Santa Cruz v. Mountain Charlie Waterworks, Incorporated, et al. (Santa Cruz Superior Court Case No. 130326) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for three potential cases. 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 LABOR NEGOTIATOR Agency negotiator: Personnel Director All employee organizations REPORT OF COUNTY COUNSEL - The Board of Supervisors approved a claim of Los Animas Concrete in the amount of $71,472.18 (BSRAW); and approved a settlement of a claim of Benjamin Saenz which involves a release of all claims in exchange for the County assisting with work for installing drainage facilities across Mr. Saenz's property (BSRAW) 078.1 CONTINUED TO JUNE 26, 1997 consideration to approve proposed Zone 7 budget for fiscal year 1997/98 078.2 APPROVED transfer of funds in the amount of $150,000 from the Fund Balance to the Professional and Special Services account, within County Service Area No. 11, to provide for the estimated cost of the Measure A election, as recommended by the Director of Parks, Open Space and Cultural Services 078.3 ADOPTED RESOLUTION NO. 293-97 establishing the service charge for 1997/98 to fund Parks debt service; adopted RESOLUTION NO. 294-97 setting public hearing for Tuesday, August 5, 1997, for the morning agenda, to consider the proposed service charge reports; and directed Clerk of the Board to take related actions, as recommended by the Director of Parks, Open Space and Cultural Services 078.4 DIRECTED Planning, Environmental Health and Public Works Departments to compile an inventory of recent, current and expected future water monitoring efforts undertaken by all agencies throughout the County; provide a report outlining the results of the inventory to the Water Advisory Commission; and return with a completed inventory of water monitoring efforts to the Board on or before November 25, 1997, as recommended by Chair Wormhoudt 078.5 SEE ITEM NO. 79.1, REGULAR AGENDA 078.6 ACCEPTED additional item for consideration according to criteria specified, that being a need to take action to protect public health, safety and welfare with the closure of a portion of Highway 9 (RSBAW); ADOPTED RESOLUTION NO. 295-97 requesting the California Department of Transportation to permit the temporary closure of portions of State Highway 9 on the 17th day of August 1997, as recommended by Supervisor Almquist REGULAR AGENDA 079. APPROVED at-large reappointments of Bill Gutzwiller, John Collins, Mark Van Den Heuvel, Terry Moriarty and Cecilia Espinola to the Private Industry Council, in the categories indicated, for terms to expire June 30, 2001 RABSW 079.1 APPROVED revised findings and conditions of approval, as amended, for Application No. 96-0772, Above the Line; approved related actions; and directed item to return for review on June 26, 1997 BRSAW 079.2 ACCEPTED AND FILED report on the Watsonville Sloughs Water Quality Monitoring; directed Planning, Environmental Health and the Department of Public Works to continue water quality monitoring and to pursue implementation of an agricultural watershed stewardship program, and related actions, including a report back on or before June 9, 1998, with additional directive ASBRW 080. CONSIDERED proposed Ordinance amending Section 2.118.020 of the Santa Cruz County Code relating to Domestic Violence Commission; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept" to return August 5, 1997 for final adoption (1) RSBAW (2) ABSRW 080.1 APPROVED final realignment of 1996/97 budgeted appropriations, as recommended by the County Administrative Officer BASRW 080.2 ACCEPTED AND FILED status report on 1997 population and employment forecasts, and approved related actions, including a report back on September 9, 1997, as recommended by the Planning Director BSRAW 080.3 ADOPTED RESOLUTION NO. 296-97 establishing the 1997 Affordable Housing Guidelines for Santa Cruz County, with additional directive including a report back September 9, 1997 BRSAW 081. Hearing held to consider adoption of a resolution to discontinue the inclusion of the City of Scotts Valley's Special Assessments from the Alternative Tax Collection Method due to Unacceptable Risks Associated with Delinquencies on APN: 021-141-05 (located between Altenias Road and Silverwood Drive); adopted RESOLUTION NO. 297-97, as amended, deleting Special Assessments of the City of Scotts Valley from the alternative method of distribution of tax levies and collections and of tax sale proceeds ASBRW 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 5, 1997