PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 98, NUMBER 27
OCTOBER 20, 1998
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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 - twelve persons 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
WRSAB
6. APPROVED claims as submitted by the Auditor-
Controller
7. APPROVED minutes of October 6, 1998, as recommended
by the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received October 5, 1998 through October
16, 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 Treasurer's Monthly Cash Report for the
period ending August 31, 1998, as recommended by the
Treasurer-Tax Collector
10. APPROVED amendment to the agreement with Lewis D.
Hutchins for additional leased office space for the
Probation Department at 303 Water Street, Santa Cruz;
authorized the Chief Probation Officer to sign the
lease amendment; and approved related increased
encumbrance, as recommended by the Chief Probation
Officer
11. APPROVED specifications for a roof hoist at 1400
Emeline Avenue; and directed the General Services
Department to advertise for bids; and set bid opening
for Tuesday, November 24, 1998 at 10:45 a.m., as
recommended by the Director of General Services
12. ADOPTED RESOLUTION NO. 404-98 approving the sale of
tax-defaulted property at public auction, with
additional directive
13. APPROVED specification for exterior waterproofing at
the Water Street Jail; set bid opening for Tuesday,
November 24, 1998 at 10:45 a.m.; directed General
Services to advertise for bids; and approved related
actions, as recommended by the Director of General
Services
14. SEE ITEM NO. 49.1, REGULAR AGENDA
15. ITEM DELETED
16. ACCEPTED report on bus service to the Graham Hill
Probation and Juvenile Court Facility and approved
related actions, as recommended by the Chief
Probation Officer
17. APPROVED application for Juvenile Crime Enforcement
and Accountability Challenge Planning Grant in the
amount of $32,000; approved amendment to agreement
with Criminal Justice Research Foundation in the
amount of $15,000, contingent upon award of Planning
grant; and adopted RESOLUTION NO. 405-98
reauthorizing the Juvenile Justice Coordinating
Council through fiscal year 2001/02, as recommended
by the Chief Probation Officer
18. APPROVED plans and specifications for Loma Prieta
Replacement Fire Station; set bid opening for
Tuesday, November 24, 1998 at 10:45 a.m.; directed
General Services to advertise for bids; and approved
related actions, as recommended by the Director of
General Services
19. DEFERRED report on implementation activities
associated with Sanctuary Inter-Agency Task Force
Action Plan to November 10, 1998, as recommended by
the County Administrative Officer
20. ACCEPTED notification of various vacancies on the
Santa Cruz-Monterey County Managed Medical Care
Commission, with nominations for appointment to be
received on November 10, 1998, and final appointment
to be made November 24, 1988, as recommended by
Chairperson Beautz
21. ACCEPTED nominations for appointment to the Board of
Directors of the Santa Cruz County Resource
Conservation District, for terms to expire November
29, 2002, with final appointments to be made October
27, 1998, as recommended by various members of the
Board
22. APPROVED the priorities for child care services
developed by the Child Care Planning Council, for
submission to the State Department of Education for
program expansion funds and directed the Chairperson
to sign the necessary forms, as requested by the
Child Care Planning Council and recommended by
Chairperson Beautz
23. ACCEPTED notification of at-large vacancy on the
Pajaro Valley Water Management Agency Board of
Directors, with nominations for appointment to be
received on November 10, 1998, and final appointment
to be made November 24, 1998, as recommended by
Chairperson Beautz
24. APPROVED revisions to Title 5, Section 118, of the
County Procedures Manual relative to written
correspondence, for immediate implementation, and
directed the Clerk of the Board to include these
revisions in the next update of the Procedures
Manual, as recommended by Chairperson Beautz
25. APPROVED appointment of Donald E. Beardsley to the La
Selva Beach Park and Recreation District Board of
Directors, for a four year term, as recommended by
Supervisor Symons
26. AUTHORIZED expenditure of funds from Budget Unit
151000 for the payment of registration fees and
allowable travel and lodging costs, as outlined, to
allow Supervisor-Elect Tony Campos to attend the
California State Association of Counties New
Supervisors Institute and Annual Meeting, as
recommended by Chairperson Beautz
27. ADOPTED RESOLUTION NO. 406-98 accepting and
appropriating unanticipated revenue in the amount of
$92,197 from the State Office of Traffic Safety into
the Health Services Agency Alcohol and Drug Program
budget to implement a driving under the influence
(DUI) prevention and enforcement program; and
approved related actions, as recommended by the
Health Services Agency Administrator
28. 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
29. AUTHORIZED replacement of cash shortage in the amount
of $242.27 from current Mental Health appropriations,
as recommended by the Health Services Agency
Administrator
30. AUTHORIZED contribution of a surplus laboratory
incubator to the Microbial Diseases Laboratory,
Department of Health Services, to be made available
to a laboratory in Mexico for TB control in the
border region, as recommended by the Health Services
Agency Administrator
31. ADOPTED RESOLUTION NO. 407-98 approving the amendment
to the State Standard agreement for the Tobacco
Education Program and the update plan, and directed
the Clerk of the Board to take related actions, as
recommended by the Health Services Agency
Administrator
32. ACCEPTED AND FILED report and directed the Health
Services Agency to report back on December 8, 1998
with recommendations on treatment options for
adolescent drug users, as recommended by the Health
Services Agency Administrator
33. AUTHORIZED the Health Services Agency Administrator
to sign the agreement with Santa Clara Valley Medical
Center for orthopedic services, as recommended by the
Health Services Agency Administrator
34. APPROVED amendment to the Memorandum of Agreement
between the City of Watsonville and the Human
Resources Agency's CareerWorks for the implementation
of a Cooperative Work Experience Program and
authorized the Human Resources Agency Administrator
to sign the amendment, as recommended by the Human
Resources Agency Administrator
35. APPROVED Department of Education agreements for child
care services; adopted RESOLUTION NOS. 408-98 through
411-98 authorizing execution of the agreements; and
approved related actions, as recommended by the Human
Resources Agency Administrator
36. ACCEPTED AND FILED annual report on the Children's
Network; directed the Human Resources Agency
Administrator to submit the Children's Network
1998/99 annual report in August 1999; approved
amended bylaws of the Children's Network; and
approved related actions, as recommended by the Human
Resources Agency Administrator
37. DEFERRED report on organizational placement of the
Welfare Fraud Special Investigating Unit until
October 27, 1998, as recommended by the Human
Resources Agency Administrator
38. SEE ITEM NO. 49.2, REGULAR AGENDA
39. ADOPTED RESOLUTION NO. 412-98 for right-of-way
acquisition for Browns Valley Road Slipout Repair
Projects; approved payment of claim; and authorized
the Director of Public Works to sign the contract, as
recommended by the Director of Public Works
40. APPROVED retraction of Durden General Engineering's
bid for the County-Wide Storm Debris Removal Project;
accept second lowest bid of Granite Construction
Company of Watsonville in the amount of $610,207; and
approved related actions, as recommended by the
Director of Public Works
41. APPROVED Contract Change Order No. 2 for Forty-first
Avenue Improvements and Hook Parking Lot in the
amount of $36,967.50; authorized the Chairperson to
sign the Contract Change Order; and make related
findings, as recommended by the Director of Public
Works
42. AS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT
AGENCY, APPROVED Agency funds totaling $10,000 for
the Forty-first Avenue and Hook Parking Lot Project;
adopted RESOLUTION NO. 413-98 accepting unanticipated
revenue totaling $10,000 from the Redevelopment
Agency's capital projects bonds proceeds reserves;
and approved related actions, as recommended by the
Redevelopment Agency Administrator
43. 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.: Bazar v. County (Santa Cruz Superior
Court Case No. 134334); Poppelton et al. v. County of
Santa Cruz (Case No. 132573)
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 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 LABOR NEGOTIATOR
Agency negotiator: Personnel Director
All Employee Organizations
REPORT OF COUNTY COUNSEL - The Board of Supervisors
authorized and directed County Counsel and
Environmental Health to file a response on behalf of
the County to oppose the petition of the Cities of
Gilroy and Morgan Hill for a permit to discharge
treated wastewater into the Pajaro River (SWRA(B));
and authorized settlement in the case of Poppelton et
al. v. County of Santa Cruz (Superior Court No.
132573) by a payment of $71,907 in exchange for a
release of all claims as recommended by County
Counsel (SWRAB)
43.1 DIRECTED the Auditor to impound property tax refunds
regarding TCI in an interest-bearing trust, until
such time the matter of returning the funds to
subscribers is resolved, as recommended by the
Auditor-Controller
REGULAR AGENDA
44. CONSIDERED recommendation to adopt resolution
approving the 1998/99 budget for County Funds and
Special Districts governed by the Board of
Supervisors per Exhibit A; adopt resolution
establishing the 1998/99 appropriations limitations
for the County and Special Districts governed by the
Board of Supervisors per Exhibit B; and cancel
various appropriations due to insufficient funding as
shown on Exhibit C;
adopted RESOLUTION NO. 414-98 approving the 1998-99
budget for County funds and Special Districts
Governed by the Board of Supervisors; adopted
RESOLUTION NO. 415-98 establishing the 1998-99
appropriations limitations for the County and Special
Districts Governed by the Board of Supervisors; and
canceled various appropriations due to insufficient
funding
AWSRB
45. Public hearing held to consider Application No. 98-
0121, a proposal to amend Subdivision Permits 90-1245
and 98-0909, for Graham Hill Estates, to allow a
second alternative method of sewage disposal, that
being the construction of a raw sewage pipeline
linking the project to the City of Santa Cruz
existing wastewater treatment plant; property located
on the west side of Graham Hill Road, west of its
intersection with Sims Road. Applicant: Standard
Pacific Corporation. APN: 061-321-44;
closed public hearing; amended and certified the
Mitigated Negative Declaration as complying with the
requirements of the California Environmental Quality
Act (CEQA); and approved Application No. 98-0121,
based on the findings, and subject to the Conditions
of Approval; with the following changes: (a) all
references in the Conditions of Approval and the
Negative Declaration refer to the construction of a
12 inch sewer pipe, (b) the amendment to the Negative
Declaration be on the basis that the one foot access
strip provides at least the same amount of
environmental protection against growth inducing
tendency that would have existed had it just been
referred to as an 8 inch pipe, (c) to parcel D, on
page 520, II.B, of the Conditions of Approval, amend
the condition to provide that the land that would
constitute parcel D, in the event that the wastewater
treatment plant is not the option used by the
applicant, could be used as either additional park
site, coastal prairie open space, or additional land
to provide for widening Graham Hill Road to the
extent that is required for the installation of a
traffic light; and prior to the issuance of any
permit, the applicant provide to the Planning
Director for his approval an amended map showing how
that land is going to be used, (d) add a condition
using language proposed by County Counsel that
provides that if there is any substantial change from
the permitted conditions or description of the
property to either any subsequent plans or
specifications filed with the County or the "as
built" condition of the property that the project is
subject to a stop work order issued by the Planning
Director, and that the matter will be returned to the
Board for consideration of what further steps to take
to correct the situation, (e) the proposed traffic
management plan return to the Board for approval and
that in addition to the other required content of the
plan that it will provide for insuring that access
through the project areas is available at all times
in both directions for all emergency vehicles and
that the traffic management plan will take into
account the impact of any other planned construction
work on Graham Hill Road that might be occurring
simultaneously
ARSwB
46. CONSIDERED report on Graham Hill Estates proposed
sewer line capacity;
accepted and filed report on Graham Hill Estates
proposed sewer line capacity; and Health Services
Agency to report back on November 10, 1998 with a
more detailed status report on the possible next
steps for project development
ARSWB
47. RECEIVED bids regarding Beach Road Rehabilitation
Project - San Andreas Road to Pajaro Dunes and
referred to Public Works to return with a
recommendation on or before November 10, 1998
WRSAB
48. CONSIDERED report on parcel size analysis of
properties zoned Special Use "SU" for determining the
appropriate parcel size for timber harvesting;
(1) continued to November 10, 1998 recommendation to
accept and file report; and direct staff to retain 5
acre minimum parcel size in the Special Use "SU"
District criteria;
(2) and approved the changes to the Forest Practice Rules
package;
(3) reconsidered this item; changed return date from
November 10, 1998 to November 24, 1998
(1) WASRB
(2) WAsrB
(3) ASWRB
49. CONSIDERED proposed ordinance adding Chapter 7.90 to
the County Code relating to the regulation of tobacco
advertising and consider amendments expanding the
areas subject to regulation, the regulation of
taxicab advertising, and the regulation of self-
service sale of tobacco products;
(1) read title and waived detailed reading of complete
ordinance;
(2) approved ordinance "in concept" to return on November
10, 1998 for final adoption
(1) WASRB
(2) AWSRB
49.1 ADOPTED RESOLUTION NOS. 416-98 through 419-98
accepting/canceling and appropriating unanticipated
revenue and realigning appropriations to record final
transactions for the closing of the 1997/98 County
financial records, as recommended by the Auditor-
Controller
SWRAB
49.2 APPROVED Request for Proposals for an engineering
service consultant for preparation of plans,
specifications and estimate for Soquel Drive Bridge
Replacement Project; and directed the Clerk of the
Board to take related actions, as recommended by the
Director of Public Works
RSWAB
50. Public hearing held to consider Application No. 95-
0685, a proposal by Greg Steltenpohl and Fred Bailey
to remodel an existing 13,127 square foot
commercial/residential structure and to construct a
9,791 square foot addition on the structure for a
Master Occupancy Approval for a mixed use project;
excavate 1,350 cubic yards of earth to construct a
parking lot to serve the proposed use; and rezone the
property from the "C-1" (Neighborhood Commercial)
zone district to the "SU" (Special Use) zone district
to allow mixed uses to occur on the site. APN: 058-
121-04; Applicant and property owner: Greg
Steltenpohl and Fred Bailey;
closed public hearing; adopted ORDINANCE NO. 4515
amending Chapter 13.10 of the Santa Cruz County Code
changing property from one zone district to another;
made findings to approve Application 95-0685
according to the recommended permit conditions, and
amended language to Condition of Approval IV(a)(8),
page 691, by replacing "striped" with "delineated by
a variation in color and pattern of the stamped
concrete surfacing"; approved the Mitigated Negative
Declaration and Initial Study prepared for project;
granted an exception to the parking lot landscaping
standards of the County's Design Review Ordinance to
all the parking lot landscaping as proposed by the
applicant; and accepted and filed report from
Caltrans on pedestrian safety issues in Davenport;
with additional direction to change language in
Condition VI(B), page 696, line 9, to read "...height
of 7 feet and a maximum growth height of 9 feet...";
that the uses listed in the Mater Occupancy Agreement
be actually those called out in the plans now and
that any change from those requires a Level 5
approval; and that an operating certificate of
occupancy not be approved until the sewage treatment
plant has been completed as presently proposed under
the terms of the grant that has been applied for and
apparently received
RSwAb
51. Public hearing held to consider Application No. 98-
0650, a proposal by the County Public Works
Department to amend Permit 97-0309, now under appeal,
to stockpile 1.25 million cubic yards of earth
excavated from the Buena Vista Landfill for a period
of 20 years, by revising some of the conditions of
the original permit. Project is located on the west
side of Buena Vista Drive across the road from the
County's Buena Vista Landfill. APN: 046-121-03;
Owner and Property Owner: County of Santa Cruz
Public Works Department and John and Violet Rocha;
closed public hearing; adopted ORDINANCE NO. 4516
amending Chapter 13.10 of the Santa Cruz County Code
changing from one zone district to another; approved
Application 98-0650 based on the conditions in the
letter of the Law Office of Jonathan Wittwer dated
October 20, 1998 at 9:30 a.m., as amended; made a
policy interpretation that this project is a
conditionally permitted interim use in the Commercial
Agriculture (CA) zone district and therefore complies
with General Plan policies 5.13.5 and 5.13.6; and
certified the Environmental Impact Report,
Supplemental Environmental Impact Report, Mitigation
Monitoring and Reporting Program and EIR Addendum
prepared for this project, including staff reports
prepared for this item for Board meetings of October
6 and 20, 1998, including all attachments (except the
EIR) as the EIR addendum
ARswB
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 November 10, 1998