PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 98, NUMBER 19 AUGUST 4, 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. Supervisor Almquist absent until consideration of Item No. 74 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 - 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 RWS/A/B 6. APPROVED claims as submitted by the Auditor-Controller 7. APPROVED minutes of June 16, June 23 and June 25, 1998 and budget hearing minutes from June 17, 18, 22, 23 and 25, 1998, as recommended by the Clerk of the Board 8. ACCEPTED AND FILED notification of continuing contracts received July 1, 1998 through July 31, 1998 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. ACCEPTED status report on the Natural Gas Fueling Coalition projects and directed General Services to return with final report on or before September 15, 1998, as recommended by the Director of General Services 10. SEE ITEM NO. 62.1, REGULAR AGENDA 11. ACCEPTED AND FILED Statement of Count of Money in the Treasury on June 30, 1998, as recommended by the Auditor-Controller 12. ACCEPTED AND FILED report on Mount Madonna Park Expansion County Boundary Adjustment and approved related actions, as recommended by the County Administrative Officer 13. APPROVED increase of $30,000 in contract for hardware maintenance with IBM and authorized the Information Services Director to sign the necessary documents, as recommended by the Information Services Director 14. ACCEPTED AND FILED status report on the Bonny Doon Fire station construction project, with a further report on October 6, 1998, as recommended by the Director of General Services 15. SCHEDULED jurisdictional hearing for Tuesday, August 18, 1998 at 1:30 p.m. or thereafter to consider an appeal of the Planning Commission's decision regarding Application No. 97-0622; which is a proposal to demolish an existing garage and to construct a two- story, single family dwelling with a garage below constituting a three-story dwelling on property located at 413 Beach Drive, Aptos, as recommended by the Clerk of the Board 16. DEFERRED County Counsel report on uniform relocation assistance guidelines for public projects until September 15, 1998, as recommended by County Counsel 17. DEFERRED presentation of draft ordinance regulating tobacco advertising to September 1, 1998, as recommended by County Counsel 18. AUTHORIZED the Probation Department to participate in the California Gang, Crime and Violence Prevention Initiative Proposal developed by the Pajaro Valley Prevention and Student Assistance, Incorporated, as recommended by the Chief Probation Officer 19. ACCEPTED notification of vacancies on the Assessment Appeals Board, as outlined, with nominations for appointment to be received on August 18, 1998 and final appointments to be made August 25, 1998, as recommended by Chairperson Beautz 20. APPROVED appointment of Dr. Laurie Draughon to the Domestic Violence Commission, as a representative of Sutter Maternity and Surgery Center, as recommended by Chairperson Beautz 21. APPROVED appointment of Mark Lane to the Domestic Violence Commission, as requested by the Human Resources Agency Administrator and recommended by Chairperson Beautz 22. APPROVED appointment of James Samuels as the Fourth District Alternate representative to the Planning Commission, for a term to expire January 4, 1999, as recommended by Supervisor Belgard 23. ACCEPTED nomination of Mary Benitez and Sherri Whitt as at-large appointees to the Domestic Violence Commission, in the categories indicated, with final appointments to be made August 11, 1998, as recommended by Supervisor Beautz 24. APPROVED Bylaws of the Santa Cruz County Child Care Planning Council, as requested by the Council and recommended by Chairperson Beautz 25. DIRECTED the Chair to send a letter to the Santa Cruz County Regional Transportation Commission requesting that local policy related to State and federal transportation funding be amended to address the ongoing road repair crisis, as recommended by Supervisors Symons and Beautz RwS/A/B 26. ADOPTED RESOLUTION NO. 309-98 authorizing the District Attorney to reapply to the Office of Criminal Justice Planning to extend and augment the fiscal year 1997-99 Statutory Rape Vertical Prosecution Program grant through fiscal year 1998-99 and waive requirement for the recovery of indirect costs from the Office of Criminal Justice Planning for the Statutory Rape Vertical Prosecution Program grant in fiscal year 1998-99 pursuant to County Procedure Section 900A.3, as recommended by the District Attorney 27. ADOPTED RESOLUTION NO. 310-98 authorizing the District Attorney to reapply to the State Board of Control for funding for the Victim-Witness Assistance Center Victims of Crime Compensation Program and waive the requirement for the recovery of indirect costs from the State Board of Control for the operation of the Victim-Witness Assistance Center in fiscal year 1998- 99 pursuant to County Procedure Section 900A.3, as recommended by the District Attorney 28. ADOPTED RESOLUTION NO. 311-98 authorizing the District Attorney to reapply to the State Department of Justice for Spousal Abuser Prosecution Program Grant Application in the amount of $44,400 to partially fund an Assistant District Attorney to vertically prosecute cases of spousal abuse, as recommended by the District Attorney 29. ACCEPTED AND FILED report on indirect costs related to District Attorney grants, as recommended by the County Administrative Officer 30. DEFERRED report on space needs for the District Attorney's Office until November 3, 1998, as recommended by the County Administrative Officer 31. APPROVED submission of claims to the State under SB 90 for reimbursement of costs associated with prosecution and defense costs of Not Guilty By Reason of Insanity cases for several fiscal years, as recommended by the County Administrative Officer 32. ACCEPTED AND FILED report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Administrator 33. APPROVED grant related and grant funded out of state travel, not to exceed $5,000 for Childrens Mental Health staff and Family Partnership parents, as recommended by the Health Services Agency Administrator 34. AUTHORIZED the Health Services Agency Administrator to sign the application for California Healthcare for Indigents Program funding for fiscal year 1998/99, as recommended by the Health Services Agency Administrator 35. ADOPTED RESOLUTION NO. 312-98 supporting renewal of the Cooperative Program Agreement with the State Department of Rehabilitation and authorizing the Health Services Agency Administrator to sign the State standard agreement; and directed the Clerk of the Board to take related actions, as recommended by the Health Services Agency Administrator 36. AUTHORIZED the Health Services Agency Administrator to sign a contract with Big Brothers/Big Sisters for $34,000 to develop mentorship services, as recommended by the Health Services Agency Administrator 37. ADOPTED RESOLUTION NO. 313-98 accepting and appropriating unanticipated revenue in the amount of $14,473 for family preservation services; approved contract amendments adding $4,000 to the Human Resources Agency's agreement with Food and Nutrition Services/Family Health Education Center and $18,179 to the agreement with the Greater Bay Area Family Resources Network; and authorized the Human Resources Agency Administrator to sign these amendments, as recommended by the Human Resources Agency Administrator 38. APPROVED contract with Arbor, Incorporated, in the amount of $229,385 to provide adult On-The-Job services and authorized the Human Resources Agency Administrator to sign the contract, as recommended by the Human Resources Agency Administrator 39. APPROVED agreement with the California State Association of Counties to provide continued Welfare Case Data System management for fiscal year 1998/99 in the amount of $18,058, effective July 1, 1998; and authorized the Human Resources Agency Administrator to sign the agreement, as recommended by the Human Resources Agency Administrator 40. APPROVED retraction of MKM General Engineering contractor's bid for Green Valley Road Storm Damage Repair Projects; accepted second low bid of Cimmaron Construction in the amount of $135,180; authorized award of the contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 41. ACCEPTED proposal in the amount of $1,600 per month plus $1,000 in contingencies from Swenson's Landscaping for Aptos Seascape, County Service Area No. 3; approved contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 42. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ACCEPTED improvements and approved final cost for the San Vicente Street Water Main in the amount of $95,956; and directed the Clerk of the Board to take related actions, as recommended by the District Engineer 43. AUTHORIZED the Director of Public Works to sign the revised cooperative agreement with the Natural Resources Conservation Service for the San Vicente Creek Stream Bank Protection Project; approved revised funding source totals; directed County agencies to expedite permitting process; authorized the use of emergency bidding procedures; directed Public Works to return on September 1, 1998, for award of construction contract; and approved related actions, with an additional directive 44. AUTHORIZED out-of-state travel for one Assistant Director of Public Works to attend the 1998 American Public Works Association International Public Works Congress and Exposition in Las Vegas, Nevada, from September 13 through 17, 1998, as recommended by the Director of Public Works 45. APPROVED Household Hazardous Waste Management Services agreement with the City of Watsonville and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 46. DEFERRED recommendation to authorize contract for engineering consulting services on the Amesti Road Dewatering Project to on or before August 25, 1998, as recommended by the Director of Public Works 47. ACCEPTED improvement and approved final cost for the San Andreas Road Bikelane, Phase 3; and approved related actions, as recommended by the Director of Public Works 48. RATIFIED approval of Contract Change Order No. 1 in the amount of $25,000 for Jose Avenue Improvement Project; approved Supplement No. 1 to Contract Change Order No. 1 in the amount of $9,450, as recommended by the Director of Public Works 49. RATIFIED approval of Contract Change Order No. 1 in the amount of $13,320 for the Kings Creek Road Storm Damage Repair, as recommended by the Director of Public Works 50. APPROVED plans, specifications and engineer's estimate for the Valencia Road 1998 Storm Damage Repair Projects; set bid opening for Tuesday, August 25, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 51. APPROVED specifications and engineer's estimate for the County Wide Storm Debris Removal Project; set bid opening for Tuesday, August 25, 1998; and approved related actions, as recommended by the Director of Public Works 52. ACCEPTED site improvements for Tract 1191, Rodeo Creek (La Paloma Lane off the northeast side of Mattison Lane); adopted RESOLUTION NO. 314-98 accepting Parcel "B" and various easements along Mattison Lane into the County maintained system; directed Clerk of the Board to take related actions, as recommended by the Director of Public Works 53. ADOPTED RESOLUTION NO. 315-98 approving right-of-way acquisition agreement for the Jamison Creek Road Storm Damage Repair and approved payment of claim, as recommended by the Director of Public Works 54. ADOPTED RESOLUTION NO. 316-98 approving right-of-way acquisition agreements for Bear Creek Road Storm Damage Repair and approved payment of claims, as recommended by the Director of Public Works 55. CANCELED public hearing scheduled for the afternoon agenda of August 18, 1998 to consider revisions to the Nonconforming Use regulations and approved related actions, as recommended by the Planning Director 56. SEE ITEM NO. 73.1, REGULAR AGENDA 57. ADOPTED ORDINANCE NO. 4500-C amending Section 12.12.020, 18.10.131, 18.10.320, 18.10.330 and 18.10.340 changing the length of appeal periods from ten calendar days to fourteen calendar days by incorporating modifications adopted by the California Coastal Commission; adopted RESOLUTION NO. 317-98 amending the County of Santa Cruz Local Coastal Plan Implementation Program; and approved related actions, as recommended by the Planning Director 58. SCHEDULED public hearing for the afternoon agenda on August 25, 1998 to consider the Planning Commission's recommendation regarding a General Plan Land Use Plan Amendment of APN's: 025-201-42, -44, -49 and -50 from Urban Medium Density Residential to Neighborhood Commercial to add a site specific policy regarding the allowed uses on these parcels and to rezone these properties from the Multi-family residential, 4,000 square feet per unit (RM-4) to the Neighborhood Commercial (C-1) zone district, as recommended by the Planning Director 59. ACCEPTED AND FILED report regarding sandwich board signs advertising tobacco products, as recommended by the Planning Director 60. APPROVED amendment in the amount of $2,500 with Dunbar and Craig to reestablish field staking associated with the development of the Polo Grounds; authorized the Director of County Parks to sign the amendment on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services 61. AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Personnel DirectorAll employee organizations REPORT OF COUNTY COUNSEL - No report given REGULAR AGENDA 62. CONTINUED TO AUGUST 11, 1998 consideration of recommendation to authorize the Health Services Agency Administrator to sign the agreement authorizing designation of Central Fire as an approved paramedic service provider WRS/A/B 62.1 DIRECTED the Interdepartmental Working Group to continue working with the water district representatives and report back on September 15, 1998 with any further written comments for the Districts and related recommendations; approved contract with Antonio Rossman in the amount of $30,000 for legal services; continued to September 15, 1998 recommendation to direct the Personnel Department to complete the classification process for the three new positions and recommendation to direct the Departments of Planning and Environmental Health to proceed with filling the positions as soon as possible upon completion of the personnel classification process WRS/A/B 63. CONTINUED TO AUGUST 11, 1998 consideration of adoption of an ordinance adding Chapter 7.59 to the County Code, establishing Santa Cruz/Monterey Managed Medical Care Commission and repealing Chapter 7.58; with an additional directive that Health Services report back with information included in the January 7, 1998 letter to the Board regarding Santa Cruz County Health Option's interest in expanding into Monterey County, including any further updates RWS/A/B 64. Public hearing held to consider confirming the Service Charge Report within County Service Area No. 11 for the 1998/99 fiscal year; closed public hearing; adopted RESOLUTION NO. 318-98 confirming service charge report for the 1998/99 fiscal year for Parks and Recreation County Service Area #11 WS/A/RB 65. Public hearing held to consider a proposed ordinance amending Santa Cruz County Code Section 12.06.060 and adding Sections 12.06.025, 12.06.070 and 12.06.080 relating to replacement of converted or demolished affordable housing; closed public hearing; adopted RESOLUTION NO. 319-98 adopting an ordinance amending the County Local Coastal Program implementing ordinances; adopted ORDINANCE NO. 4507 amending Section 12.06.060 and adding Sections 12.06.025, 12.06.070 and 12.06.080 to the Santa Cruz County Code relating to demolition and conversion of affordable housing; certified the Environmental Determination; and directed Planning staff to submit ordinance amendment to the California Coastal Commission for certification as part of the next round of 1998 WRS/A/B 66. CONTINUED TO AUGUST 11, 1998 consideration of proposed ordinance amending Chapter 5.16 of the Santa Cruz County Code relating to the licensing and regulation of cardrooms and considered the establishment of a cardroom license regulatory fee during the Board's consideration of revisions to the Unified Fee Schedule at the June 1999 budget session WS/A/RB 67. RECEIVED bids regarding Santa Cruz Valencia Hall Drainage Project and referred to Parks, Open Spaces and Cultural Services and General Services to return with a recommendation on or before August 25, 1998 RSW/A/B 68. RECEIVED bids regarding Santa Cruz Veterans Memorial Building Improvements and referred to Parks, Open Spaces and Cultural Services and General Services to return with a recommendation on or before August 25, 1998 RWS/A/B 69. RECEIVED bids regarding Daubenbiss Parking Lot Improvements, Soquel Village and referred to Public Works to return with a recommendation on or before August 18, 1998 RSW/A/B 70. RECEIVED bids regarding County Service Area No. 26, Hidden Valley Road/Muir Drive Overlay and referred to Public Works to return with a recommendation on or before August 18, 1998 RSW/A/B 71. RECEIVED bids regarding Freedom Submersible Pump Station Retrofit - Phase I and referred to Public Works to return with a recommendation on or before August 18, 1998 RSW/A/B 72. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held to consider adoption of a resolution overruling protests and confirming the report on sewer service charges for fiscal year 1998/99 on property within the Freedom County Sanitation District; closed public hearing; adopted RESOLUTION NO. 320-98 overruling protests and confirming the report on sewer service charges for fiscal year 1998/99 on property within the Freedom County Sanitation District RSW/A/B 73. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held to consider adoption of a resolution overruling protests and confirming the report on water and sewer service charges for fiscal year 1998/99 on property within the Davenport County Sanitation District; closed public hearing; adopted RESOLUTION NO. 321-98 overruling and confirming the report on water and sewer service charges for fiscal year 1998/99 on property within the Davenport County Sanitation District WRS/A/B 73.1 ADOPTED ORDINANCE NO. 4496-C amending Santa Cruz County Code Title 12 (Building Regulations), Title 13 (Zoning Regulations), Title 14 (Subdivision Regulations), Title 15 (Community Facilities), Title 16 (Environmental and Resource Protection) and Title 18 (Permit and Approval Procedures) to correct errors and inconsistencies by incorporating modifications adopted by the California Coastal Commission; adopted RESOLUTION NO. 322-98 amending the County of Santa Cruz Local Coastal Plan Implementation Program; and approved related actions, as recommended by the Planning Director RSW/A/B 74. Public hearing held to consider a proposal to allow construction, including grading and landscaping activities to occur on five weekends beginning August 8, 1998, at the Polo Grounds Regional Park. Requires an Amendment to Development Permit No. 91-0749 and Grading Permit No. 97-0612. Property located on the west side of Huntington Drive (at 2255 Huntington Drive), between North and South Drives, Aptos planning area; closed public hearing; adopted the Statement of Overriding Considerations and approved Application No. 98-0477 subject to the Conditions of Approval to permit weekend grading and landscaping at the Polo Ground Regional Park for five weekends; with an additional direction to the Director of Parks, Open Space and Cultural Services to meet with the Polo Ground residents to involve them in the landscape planning and development; include in the discussions with the residents and Granite Construction the issue of adding a day and starting an hour later; amended Attachment 2 regarding notice contained in the Conditions of Approval, to read: "This permit expires at 5:00 p.m. at the end of the fifth weekend of construction or on October 15, 1998, with the exception of landscaping, whichever occurs first"; and further directed County Counsel to make conforming language changes that would allow the permit conditions to be precisely worded to accomplish these objectives 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 18, 1998