PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 99, NUMBER 2
JANUARY 26, 1999
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ACTION SUMMARY MINUTES
VOTING KEY: A = Almquist, B = Beautz, C = Campos;
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
WBSCA
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of January 12, 1999, as submitted by
the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of January 11,
1999 through January 22, 1999 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 Treasurer's Monthly Cash Report for period
ending November 30, 1998, as recommended by the
Treasurer-Tax Collector
10. APPROVED transfer of funds in the amount of $11,000
for the installation of a dynamometer, as recommended
by the Agricultural Commissioner, Sealer of Weights
and Measures
11. ADOPTED ORDINANCE NO. 4531 amending Sections 5.16.060,
5.16.070 and 5.16.220 of the Santa Cruz County Code
relating to the Regulation of Cardrooms
12. DEFERRED consideration of a report on the space needs
of the District Attorney's Office to March 23, 1999,
as recommended by the Director of General Services
13. AUTHORIZED County Fire/Fire Marshall to sign the
1998/99 Matching Fund Grant Program agreements in the
amount of $9,975.21 for fire service equipment and
approved related actions, as recommended by the
Director of General Services
14. APPROVED lease agreement for legislative office space;
authorized the General Services Director to sign the
agreement; and approved related actions, as
recommended by the Director of General Services
15. APPROVED transfer of funds in the amount of $69,098
and adopted RESOLUTION NO. 22-99 accepting and
appropriating unanticipated revenue in the amount of
$10,000 for the completion of various building
maintenance projects, as recommended by the County
Administrative Officer
16. APPROVED an agreement with Free Radical Enterprises
for digital imaging consultant services, in the amount
of $7,050; and approved transfer of funds, as
recommended by the Sheriff-Coroner
17. APPROVED grant award agreement with the Monterey Bay
Unified Air Pollution Control District in the amount
of $4,320, for the purchase of two electrically
powered police bicycles; adopted RESOLUTION NO. 23-99
accepting and appropriating unanticipated revenue in
the amount of $4,320 for Motor Vehicle Emissions
Reduction; and authorized the Sheriff to sign the
agreement, as recommended by the Sheriff-Coroner
18. ADOPTED RESOLUTION NO. 24-99 accepting and
appropriating unanticipated revenue in the amount of
$6,898.81, related to the completion of the 1996
Federal Bureau of Justice Assistance Block Grant, as
recommended by the Sheriff-Coroner
19. APPROVED a three-year agreement with the Santa Cruz
City Unified School District for a School Resource
Officer in the amount of $34,757; approved a three-
year agreement with the Pajaro Valley Unified School
District for a School Resource Officer in the amount
of $48,125; and authorized the Sheriff-Coroner to
implement the agreements, as recommended by the
Sheriff-Coroner
20. ADOPTED ORDINANCE NO. 4532 amending Chapter 9 of the
Santa Cruz County Code relating to stop intersections
in the Aptos area
21. ACCEPTED AND FILED report of the County Administrative
Office on Welfare Fraud Attorney, including a report
back at Budget Hearings on the matter of reauthorizing
the Welfare Fraud position, as recommended by the
County Administrative Officer
22. ADOPTED RESOLUTION NO. 25-99 approving application to
the Office of Criminal Justice Planning for Violence
Against Women-Probation Specialized Unit Program, as
recommended by the Chief Probation Officer
23. DENIED claim of Daniel Jensen No. 899-075 and referred
to County Counsel
24. DENIED claim of Otto Biscevic No. 899-073 and referred
to County Counsel
25. ACCEPTED AND FILED report on audit of the Sheriff's
Inmate Welfare Fund for the fiscal years ended June
30, 1996 and 1997, as recommended by the Auditor-
Controller
26. APPROVED specifications for the parking lot repair and
reseal project; set bid opening for Tuesday, February
23, 1999 at 10:45 a.m.; directed General Services to
advertise for bids; and approved related actions, as
recommended by the Director of General Services
27. ADOPTED ORDINANCE NO. 4533 amending Chapter 2.40 of
the Santa Cruz County Code, relating to the
Affirmative Action Commission; adopted ORDINANCE NO.
4534 amending Chapter 3.04 of the Santa Cruz County
Code, relating to Discrimination; and adopted
ORDINANCE NO. 4535 amending Chapter 2.46 of the Santa
Cruz County Code, relating to Merit Principles
28. ADOPTED RESOLUTION NO. 26-99 approving application to
the Office of Criminal Justice Planning for Juvenile
Accountability Incentive Block Grant Funds in the
amount of $88,814 to provide enhancements in the
juvenile records management system, as recommended by
the Chief Probation Officer
29. ACCEPTED AND FILED report on Water Resources
Management, including a report back on March 23, 1999,
with an additional directive
30. APPROVED request of Attorney Tom Wallraff for
compensation at the rate of $95 per hour in the
special circumstance case of People v. Gabriel Adam
Banes pursuant to the terms of the County's Public
Defender conflict of interest contract as authorized
by the Superior Court, as recommended by the County
Administrative Officer
31. ACCEPTED notification of at-large vacancy on the Long
Term Care Interagency Commission, in the category of
"person with demonstrated interest in the area of
nursing home care," with nominations for appointment
to be received on February 9, 1999, and final
appointment to be made February 23, 1999, as
recommended by Chairperson Almquist
32. ACCEPTED nomination of Celeste Graham as an alternate
at-large representative on the Building and Fire Code
Appeals Board, for a term to expire April 1, 2001,
with final appointment to be made February 2, 1999, as
recommended by Supervisor Beautz
33. APPROVED appointment of Don Hutchison to the Alcohol
and Drug Abuse Commission for a term to expire April
1, 2001, as recommended by Supervisor Beautz
34. ACCEPTED notification of at-large vacancy on the
Private Industry Council, for a representative of
secondary education, with nominations for appointment
to be received February 9, 1999, and final appointment
to be made February 23, 1999, as recommended by
Chairperson Almquist
35. APPROVED reappointment of Denise Holbert to the
Planning Commission, and Marilyn Hummel as the
alternate to the Planning Commission, for terms to
expire January 6, 2003, as recommended by Supervisor
Wormhoudt
36. ACCEPTED notification of at-large vacancy on the
Hazardous Materials Advisory Commission, for a
representative of Health Care Providers, with
nominations for appointment to be received on February
9, 1999, and final appointment to be made February 23,
1999, as recommended by Chairperson Almquist
37. ACCEPTED AND FILED Annual Report of the Arts
Commission, and approved related actions, as
recommended by Chairperson Almquist
38. ACCEPTED AND FILED Annual Report of the Parks and
Recreation Commission and approved related actions, as
recommended by Chairperson Almquist
39. APPROVED appointment of members of the Board of
Supervisors to various agencies, committees and
commissions for calendar year 1999, and directed the
Clerk of the Board to take related actions, as
recommended by Chairperson Almquist
40. SEE ITEM NO. 77.1, REGULAR AGENDA
41. ACCEPTED AND FILED report on costs associated with the
1998 November election and alternatives for staffing
future elections, and approved related actions, as
recommended by the County Clerk-Recorder
42. ADOPTED RESOLUTION NO. 27-99 authorizing the District
Attorney to apply to the Office of Criminal Justice
Planning for $105,110 in Violence Against Women
Vertical Prosecution Program grant funds for the
period of March 1, 1999 through February 28, 2000; and
approved transfer of funds within the District
Attorney's budget, as recommended by the Acting
District Attorney
43. ADOPTED RESOLUTION NO. 28-99 accepting and
appropriating unanticipated revenue in the amount of
$2,800 from the State Commission on Peace Officer
Standards and Training; approved purchase of one
computer based multimedia training system in an amount
not-to-exceed $2,800; and approved transfer of funds
within the District Attorney's budget in the amount of
$4,000 for one laptop computer and associated
equipment for the Child Abduction Recovery Unit, as
recommended by the Acting District Attorney
44. AUTHORIZED the addition of one limited term .5 full
time equivalent Clerk I position to provide clerical
support for the Victim/Witness Assistance Program;
authorized the purchase of one personal computer
system for the Victim/Witness Assistance Program; and
approved transfer of funds in the amount of $4606.56,
as recommended by the Acting District Attorney
44.1 SEE ITEM NO. 77.2, REGULAR AGENDA
45. ACCEPTED AND FILED report on a possible community
sewage disposal project for the Greater Pasatiempo
Area and authorized Public Works, County Counsel, and
Environmental Health to solicit outside legal services
for the project, with a further report to be provided
not later than April 13, 1999, as recommended by the
Health Services Agency Administrator and the Director
of Public Works
46. ACCEPTED AND FILED report and directed the Adolescent
Drug Task Force to continue its work and report back
on February 23, 1999, as recommended by the Health
Services Agency Administrator
47. APPROVED request for transfer or revision of budget
appropriations and/or funds to allow sufficient
appropriations for Mental Health and Substance Abuse
CalWORKs contracts; adopted RESOLUTION NO. 29-99
accepting and appropriating unanticipated revenue in
the amount of $160,837; approved amendments to the
1998/99 agreements; and authorized the Health Services
Agency Administrator to sign the agreements, as
recommended by the Health Services Agency
Administrator
48. APPROVED appointment of Charles Moody, Administrator
of the Health Services Agency and Cecilia Espinola,
Administrator of the Human Resources Agency as County-
employee members of the Children and Families First
Commission; accepted notification of two at-large
vacancies on the Commission with nominations for
appointment to be received on February 9, 1999 and
final appointments to be made on February 23, 1999;
and directed the Health Services Agency Administrator
to report back on February 23, 1999 with a preliminary
plan for providing staffing and support for the
Commission and report on any additional developments,
as recommended by the Health Services Agency
Administrator
49. APPROVED agreement with Devereaux, Texas, Treatment
Network in the amount of $26,352 for specialized
adolescent mental health residential treatment
services, effective November 23, 1998 and continuing
through June 30, 1999; authorized the Health Services
Administrator to sign the agreement, as recommended by
the Health Services Agency Administrator
50. ACCEPTED AND FILED report on Health Services Agency
organizational model for mental health and alcohol and
drug services; directed the Health Services Agency to
report back on April 13, 1999, regarding personnel
changes related to the reorganization; authorized
addition and deletion of one full-time position; and
approved related actions, as recommended by the Health
Services Agency Administrator
51. AUTHORIZED the Chairperson to send a letter to the
California State Department of Social Services
supporting the Second Harvest Food Bank funding
request for $48,000 for equipment needed to expand the
Emergency Food Assistance Program and Food for
Children Program pursuant to Assembly Bill 2782, as
recommended by the Human Resources Agency
Administrator
52. APPROVED ARBOR lease in the Watsonville Career Center
to facilitate the provision of On the Job Training
services; authorized the Human Resources Agency
Administrator to sign the lease; and approved related
actions, as recommended by the Human Resources Agency
Administrator
53. ADOPTED RESOLUTION NO. 30-99 accepting and
appropriating unanticipated revenue from the State in
the total amount of $436,676; approved transfer of the
Governor's Welfare-to-Work grant funds from obligation
reserve and mental health/substance abuse funds to
professional and special accounts; approved contracts
for job retention services with Food and Nutrition in
the amount of $312,718, Santa Cruz Community
Counseling Center in the amount of $86,667, Community
Action Board in the amount of $57,500, and Employment
Development Department in the amount of $50,470
(retroactive to January 1, 1999); authorized the Human
Resources Agency Administrator to sign the contracts;
and approved the addition of a full-time equivalent
limited-term Senior Employment Training Specialist
position in JTPA, effective through September 30,
2000, as recommended by the Human Resources Agency
Administrator
54. APPROVED schedules for the 1999/2000 benefit
assessment and service charge approval process; and
directed Public Works and the County Administrative
Office to schedule budget hearings for County Service
Areas for Friday, June 18, 1999, as recommended by the
Director of Public Works
55. APPROVED independent contractor agreement with
Nicholson Petroleum Maintenance in the amount of
$7,000 for maintenance services at Public Works
fueling facilities, and authorized the Director of
Public Works to sign the contract, as recommended by
the Director of Public Works
56. APPROVED independent contractor agreements with
Sustainable Quality Awards for expanding its
environmental awards program for a not-to-exceed
amount of $5,000, and Karen Grobe for food waste
diversion project for $4,000, and authorized the
Director of Public Works to sign the agreements, as
recommended by the Director of Public Works
57. RATIFIED contract Change Order No. 1 for $24,000 and
Change Order No. 2 for $8,400 for the San Vicente
Creek Streambank Protection Project, as recommended by
the Director of Public Works
58. DIRECTED the Public Works Department to report back on
or before August 17, 1999 with recommendations for an
Emergency Watershed Protection Program local match
policy, with an additional directive
59. ACCEPTED improvement for the Beach Road Pavement
Rehabilitation; approved final cost of $147,826;
authorized the Clerk of the Board to file to Notice of
Completion; approved related actions, as recommended
by the Director of Public Works
60. AUTHORIZED submittal of a proposal to conduct a
research and demonstration project on beneficial uses
of uncomposted municipal green waste mulch for
landscaping, as recommended by the Director of Public
Works
61. APPROVED proposed route concept for Capitola Road
between Seventh Avenue and Thirtieth Avenue; directed
Public Works and Redevelopment staff to initiate a
community input process for Capitola Road; and report
back to the Board on or before June 8, 1999, with
recommendations, as recommended by the Director of
Public Works
62. AUTHORIZED the Planning Department to submit a grant
application to the Community Foundation of Santa Cruz
County in the amount of $10,000 to fund a feasibility
study to assess appropriate uses and ownership/
management options for the Castro Adobe, in an effort
to best preserve this designated historic resource;
and approved related actions, as recommended by the
Planning Director
63. SCHEDULED public hearing for Tuesday, February 23,
1999 at 1:30 p.m. or thereafter to consider a proposal
for road abandonment of the County's interest in
Summit Road, Pine Avenue, Prospect Avenue, Forest Road
and a portion of Conference Drive in the Mount Hermon
Park, as recommended by the Planning Director
64. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
ACCEPTED AND FILED report on Siting Artificial
Recharge Locations Discussed at the Santa Margarita
Groundwater Basin Advisory Committee; and approved
related actions, as recommended by the Planning
Director
65. APPROVED modification of rental policy for County
Parks Department operated community centers to provide
for "last minute" rentals, as recommended by the
Director of Parks, Open Space and Cultural Services
66. AUTHORIZED the Chairperson to sign an agreement
terminating the Joint Powers Agreement between the
County of Santa Cruz and the City of Santa Cruz for
management of the Louden Nelson Community Center and
providing for the purchase of the County's interest in
Louden Nelson Community Center by the City of Santa
Cruz for the amount of $200,000 payable in five annual
installments, as recommended by the Director of Parks,
Open Space and Cultural Services
67. ACCEPTED AND FILED Annual Financial Report of the
Santa Cruz County Redevelopment Agency for the fiscal
year ended June 30, 1998, as recommended by the
Redevelopment Agency Administrator
68. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED AND FILED 1999 Annual
Continuing Rental Agreement List, as recommended by
the Redevelopment Agency Administrator
69. 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.: California Alliance for Resource
Conservation v. County of Santa Cruz (Santa Cruz
Superior Court No. 13474); County v. Kraft, et al.
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 - No report given
69.1 APPROVED addendum to agreement with Shute, Mihaly and
Weinberger to provide legal services in the case of
Big Creek Lumber Company, et al. v. County of Santa
Cruz, et al., as recommended by County Counsel
69.2 APPROVED appointment of Bruce Oneto as the alternate
to Supervisor Almquist on the Santa Margarita Advisory
Committee for calendar year 1999, as recommended by
Supervisor Almquist
69.3 SEE ITEM NO. 79.1, REGULAR AGENDA
REGULAR AGENDA
70. APPROVED reappointment of Michael Barsi and Thomas
Dwyer to the Board of Law Library Trustees to serve
during calendar year 1999
BSWCA
71. The Board of Supervisors recessed in order to permit
the Board of Directors of the County of Santa Cruz
Flood Control and Water Conservation District, Zone 5,
to convene and carry out its regularly scheduled
meeting
72. The Board of Supervisors recessed in order to permit
the Board of Directors of the County of Santa Cruz
Flood Control and Water Conservation District, Zone 7,
to convene and carry out its regularly scheduled
meeting
73. Hearing held for eminent domain action on the slide
repair project at 28500 Highland Way; closed hearing;
adopted RESOLUTION NO. 31-99 authorizing County
Counsel to institute eminent domain proceedings; and
directed the Clerk of the Board to take related
actions
WCBSA
74. ITEM DELETED
75. ITEM DELETED
76. CONSIDERED suggested procedures for conduct of
District Attorney hearing and final selection process;
adopted the ground rules proposed by Chairperson
Almquist for the conduct of the public hearing
scheduled to begin at 1:30 p.m. on February 9, 1999,
and for the selection of the District Attorney during
the deliberations scheduled on February 11, 1999; with
an additional directive that the questions submitted
to the Board by the Bar Associations be sent to all
candidates and that the order in which candidates
address the Board be determined by random drawing
rather than alphabetically
WBSCA
77. CONSIDERED report of the Auditor-Controller on
indirect and direct costs for District Attorney grant
applications; accepted and filed report; directed the
County Administrative Office to work with the District
Attorney's Office on the implementation of the
Auditor's recommendations; with an additional
directive that the County Administrative Office work
with the Auditor on developing a written policy on the
recovery of indirect costs for grant-funded programs
WBSCA
77.1 ACCEPTED AND FILED report of the County Administrative
Office for use in deliberations on the matter of the
Juvenile Hall renovation and expansion which will be
presented on February 23, 1999; and approved request
of the Probation Officer for a transfer of $180,000
from General Contingencies to the Wards of the Court
Budget and associated increases in contracts and
encumbrances, with an additional directive
WBSCA
77.2 ADOPTED RESOLUTION NO. 32-99 authorizing the District
Attorney to apply to the State Office of Criminal
Justice Planning (OCJP) for Drug Endangered Children
Response Team Program grant in the amount of $225,000
for grant year November 1, 1998 to October 31, 1999;
adopted RESOLUTION NO. 33-99 accepting and
appropriating unanticipated revenue in the amount of
$17,236 from OCJP for criminal prosecution; and
adopted RESOLUTION NO. 34-99 accepting and
appropriating unanticipated revenue in the amount of
$43,091 from OCJP for criminal prosecution; and
approved transfer of funds in the amount of $15,693;
with an additional directive to terminate the program
and reassign personnel as quickly as possible and
recoup the money from the State to pay for incurred
expenses
WBsCA
78. RECEIVED bids regarding Bonny Doon Replacement Fire
Station Project and referred to General Services to
return with a recommendation on or before February 23,
1999
WSBCA
79. RECEIVED bids regarding the Sunset Beach Water Main
Extension Project and referred to Public Works to
return with a recommendation on or before March 2,
1999
BWSCA
79.1 CONTINUED TO FEBRUARY 9, 1999 consideration to adopt
resolution for vacating the storm drain easement at
2800 Rosedale Avenue, Soquel; adopt resolution
approving quit claim and authorize the Chairperson of
the Board of Supervisors to sign the deed; approve
payment for sum of $500 to the County of Santa Cruz;
and direct the Clerk of the Board to take related
actions
BWSCA
80. Continued consideration of proposed Forest Practice
Rules Changes for submittal to the California Board of
Forestry for processing in 1999; directed Staff to
resubmit the October 1998 proposed Forest Practice
Rules to the Board of Forestry, including the 1999
amendments to proposed Forest Practice Rules regarding
road standards Rule 926.17 and Rule 926.15, as
amended, deleting the words "for more than 100 feet";
further directed Staff to report on February 2, 1999
regarding the Board of Forestry's terms of office
BAsWc
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 February 9, 1999