PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 98, NUMBER 30
NOVEMBER 24, 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 - 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
WRSAB
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of November 10, 1998, as recommended
by the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of November 9,
1998 through November 20, 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. ADOPTED ORDINANCE NO. 4524 adding Section 6.04.130 and
amending Section 6.24.030 of the Santa Cruz County
Code regarding establishing Biomedical Livestock
Animal Treatment Standards
WrSAB
10. SCHEDULED jurisdictional hearing for Tuesday, December
8, 1998 at 9:00 a.m. or thereafter to consider an
appeal of the Planning Commission's decision to
approve a floor area ratio variance regarding
Application No. 97-0622; property located on the north
side of Beach Drive (413 Beach Drive), about 3/4 mile
southeast of the Esplanade and Rio Del Mar Boulevard,
Aptos, as recommended by the Clerk of the Board
11. ACCEPTED AND FILED Final 1998-99 Capital Improvement
Program document; and directed the County
Administrative Office to return on or before May 18,
1999 with the proposed 1999-00 Capital Improvement
Program, as recommended by the County Administrative
Officer
12. ADOPTED RESOLUTION NO. 433-98 amending Resolution No.
304-92 authorizing access to sales and use tax records
pursuant to Revenue and Taxation Code Section 7056, as
recommended by the County Administrative Officer
13. APPROVED contract amendment with David M. Griffith and
Associates Ltd. for services relating to claims
administration associated with specific state mandated
cost recovery activities; adopted RESOLUTION NO. 434-
98 accepting and appropriating unanticipated revenue
in the amount of $16,000 for the SB90 State Mandated
Activities; and approved related actions, as
recommended by the County Administrative Officer
14. DENIED claim of Karen Chase No. 899-052 and referred
to County Counsel
15. DENIED claim of Frank German No. 899-054 and referred
to County Counsel
16. DENIED claim of Lenora Hope Silva No. 899-056 and
referred to County Counsel
17. ACCEPTED AND FILED report of Attorney Antonio Rossman
regarding the County's groundwater regulatory
authority, as recommended by County Counsel
18. ACCEPTED AND FILED status report on Natural Gas
Fueling Coalition projects; and directed General
Services to return with necessary agreements and
contract documents on or before December 15, 1998, as
recommended by the Director of General Services
19. ACCEPTED AND FILED report on parking management at the
County Government Center; and directed the Department
of General Services to report back with additional
recommendations for parking management at the County
Government Center parking lot on or before March 2,
1999, with an additional directive
20. ACCEPTED report on the replacement facility for Court
modular buildings; and directed General Services to
return on or before December 8, 1998, with
recommendations on an architectural firm to carry out
the necessary design services, as recommended by the
Director of General Services
21. ACCEPTED report on County Fire Department Volunteer
Firefighter Handbook, as recommended by the Director
of General Services
22. APPROVED gross pay adjustments to rectify employment
processing errors, as recommended by the Personnel
Director
23. CONTINUED TO DECEMBER 8, 1998 consideration to accept
and file status report on Care of Court Wards budget
24. APPROVED contribution of $1,000 towards the County
Office of Education Student Survey of Teen Alcohol and
Drug Use, as recommended by the Sheriff-Coroner
25. APPROVED design and engineering services contract with
On Line Electric for an amount not to exceed $11,856
for the purpose of designing the Main Jail roll-up
booking garage sally port doors and additional
security fencing, as recommended by the Sheriff-
Coroner
26. AUTHORIZED Sheriff-Coroner to submit application to
the Board of Corrections for a Mentally Ill Offenders
Crime Reduction (MIOCR) Planning Grant in the maximum
amount of $31,500; and adopted RESOLUTION NO. 435-98
appointing a County Mentally Ill Offender Crime
Reduction Strategy Committee (MIOCRSC), as recommended
by the Sheriff-Coroner
27. ACCEPTED AND FILED report regarding the fiscal process
for County Domestic Violence Commission; and directed
the County Administrative Office to assist the
Domestic Violence Commission in expediting its budget
and expenditure needs utilizing existing procedures,
as recommended by the County Administrative Officer
28. AUTHORIZED payment of $300 from Budget Unit 180000,
Subobject 3665, to the Association of Monterey Bay
Governments to provide assistance with expenses
involved with the National Association of Regional
Councils' 33rd Annual Conference and Exhibition, as
recommended by Chairperson Beautz
29. APPROVED schedule of meetings of the Board of
Supervisors for calendar year 1999, and established
schedule for 1999-2000 budget hearings, as recommended
by Chairperson Beautz
30. APPROVED appointment of David A. Foster to the Housing
Advisory Commission for a term to expire April 1,
1999, as recommended by Supervisor Wormhoudt
31. APPROVED appointment of Mara Elliott to the Latino
Affairs Commission for a term to expire April 1, 2001,
as recommended by Supervisor Symons
32. APPROVED appointment of Jess Brown to the Parks and
Recreation Commission for a term to expire April 1,
2001, as recommended by Supervisor Symons
33. SCHEDULED a public hearing for December 15, 1998, on
the afternoon agenda beginning at 1:30 p.m. to
consider Application No. 98-006, a proposal to amend
Coastal Permit No. 91-0211 by relocating and modifying
the size of the required Vista walkway and vista
point. Requires a Coastal Permit Amendment. The
property is located on the west side of Sea View Drive
(452 Sea View Drive), at the intersection of Baldwin
Drive and Sea View Drive in Aptos, as recommended by
Supervisor Symons
33.1 APPROVED appointment of Frank Siri to the Water
Advisory Commission for a term to expire April 1,
2001, as recommended by Supervisor Symons
33.2 SEE ITEM NO. 68.1, REGULAR AGENDA
34. 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
35. APPROVED two 1998/99 Community Mental Health
agreements for psychiatric services; and authorized
the Health Services Agency Administrator to sign the
agreements, as recommended by the Health Services
Agency Administrator
36. AUTHORIZED the purchase of a personal computer and
related software at an approximate cost of $3,500; and
approved related appropriations transfer in the Child
Health and Disability Program budget, as recommended
by the Health Services Agency Administrator
37. APPROVED 1998/99 agreement with the Santa Cruz
Community Counseling Center in the amount of $140,000
for community mental health services; and authorized
the Health Services Agency Administrator to sign
agreement, as recommended by the Health Services
Agency Administrator
38. ADOPTED RESOLUTION NO. 436-98 in support of the
MediCal Outreach Grant; and authorized the Health
Services Agency Administrator to submit the grant
application on behalf of the County, as recommended by
the Health Services Agency Administrator
39. ACCEPTED AND FILED report on ambulance response
performance standards, as recommended by the Health
Services Agency Administrator
40. ACCEPTED AND FILED the report regarding the Alcohol
and Drug Program budget and prevention activities;
including a report back in January 1999, as
recommended by the Health Services Agency
Administrator
41. APPROVED the concept of the Mobile Muse Project; and
requested the Arts Commission to implement this new
project as soon as possible, as recommended by the
Director of Parks, Open Space and Cultural Services
42. ACCEPTED AND FILED report on the Landslide Hazard
Mitigation Program; and directed the Planning
Department to return on or before December 15, 1998
with program recommendations, as recommended by the
Planning Director
43. SCHEDULED public hearing on December 15, 1998, on the
morning agenda, to consider the Planning Commission's
recommendation regarding a general plan amendment to
policy 5.10.10 regarding the scenic corridor
designation on a portion of Mt. Madonna and Casserly
Roads, as recommended by the Planning Director
44. SCHEDULED public hearing on December 15, 1998, on the
afternoon agenda beginning at 1:30 p.m. to consider a
proposal to convert properties from Williamson Act
Contracts to Farmland Security Zone Contracts.
Properties are located throughout South Santa Cruz
County and include the following APNs: 052-231-
34;106-211-13,21,22;110-101-04,05,06;110-102-04 and
110-121-12, as recommended by the Planning Director
45. ACCEPTED improvements and approved the final cost for
Green Valley Road Storm Damage Repair Projects; and
directed the Clerk of the Board to file the Notice of
Completion; and approved related actions, as
recommended by the Director of Public Works
46. ACCEPTED improvements and approved the final cost for
Jamison Creek Road Storm Damage Repair; and directed
the Clerk of the Board to file the Notice of
Completion; and approved related actions, as
recommended by the Director of Public Works
47. ACCEPTED improvements and approved the final cost for
Muir Drive Overlay, County Service Area No. 26; and
directed the Clerk of the Board to file the Notice of
Completion; and approved related actions, as
recommended by the Director of Public Works
48. APPROVED the access and indemnity agreement for the
Roy Wilson Yard soil investigation; and authorized the
Director of Public Works to sign the agreement, as
recommended by the Director of Public Works
49. APPROVED agreement with TJKM in the amount of $9,160
for the modification and installation of the Signview
Inventory Program; and authorized the Director of
Public Works to sign the agreement, as recommended by
the Director of Public Works
50. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY
SANITATION DISTRICT, adopted RESOLUTION NO. 437-98
vacating sewer easements and approved related actions,
as recommended by the District Engineer
51. ACCEPTED AND FILED status report on cooperative
efforts with neighboring Counties to assess flood
risks throughout the Pajaro River Watershed Basin and
directed the Director of Public Works to return on or
before March 23, 1999 with a status report, as
recommended by the Director of Public Works
52. APPROVED transfer of funds in the amount of $135,000
from the Revegetation project to the Re-establish
Levee Profile Project, as recommended by the Director
of Public Works
53. ACCEPTED AND FILED status report on the Buena Vista
Landfill Gas Power Project; approved amendment to
Agreement with Brown, Vence, and Associates for
development of Buena Vista Landfill Gas Power Project
for an amended contract not-to-exceed amount of
$106,820; authorized the Director of Public Works to
sign the contract amendment on behalf of the County,
as recommended by the Director of Public Works
54. ADOPTED RESOLUTION NO. 438-98 preliminarily approving
Engineer's Report; scheduled public hearing on the
morning agenda of February 2, 1999; adopted RESOLUTION
NO. 439-98 establishing wage scale and approving plans
and specifications; set bid opening for Tuesday
January 26, 1999 at 10:45 a.m. for the Sunset Beach
Water Main Extension Project; and approved related
actions, as recommended by the Director of Public
Works
55. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED contract amendment with
TRI-B, Incorporated, in the amount of $10,000 for the
Simpkins Family Swim Center and approved related
actions, as recommended by the Redevelopment Agency
Administrator
56. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, adopted RESOLUTION NO. 440-98
initiating an RDA Plan amendment process to extend the
date of RDA property acquisition authorities, as
recommended by the Redevelopment Agency Administrator
57. SEE ITEM NO. 69.1, REGULAR AGENDA
58. 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.: Sargent v. Yankish (Case No. 133542);
City and County of San Francisco v. Phillip Morris, et
al. (Case No. C-96-2090DLJ, People of the State of
California, et al. v. Phillip Morris, et al. (San
Francisco Superior Court No. 980864); State of
California ex rel. Stull v. Bank of America NT&SA, et
al. (San Francisco Superior Court No. 968-484); United
States Automobile Association, Richard Zscheile and
Judith Zscheile v. Pacific, Gas & Electric Company,
County of Santa Cruz, Davey Tree Service, (Santa Cruz
Superior Court Case No. CV 134309)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation was considered
pursuant to Subdivision (b) of Government Code Section
54956.9 for two potential cases.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property street address: 2800 Rosedale Avenue, Soquel
California
Negotiating Parties: Mr. & Mrs. Rod Herd and County
of Santa Cruz
REPORT OF COUNTY COUNSEL - The Board approved
settlement of the case of Sargent v.Yankish et al.
(Santa Cruz County Superior Court No. 133542)
involving a payment by the County of $5,000 (SWRAB);
The Board approved joining in a settlement of the
cases City and County of San Francisco v. Phillip
Morris, et al. (No. C-96-2090DLJ) and People of the
State of California, et al. v. Phillip Morris, et al.
(San Francisco Superior Court No. 980864) (SWRAB)
REGULAR AGENDA
59. 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
60. CONSIDERED reports of the Commission on Disabilities
and the Health Services Agency regarding services
provided by Santa Cruz County Health Options (SCCHO);
requested the following directions: that SCCHO proceed
toward hiring a half-time exterior advocate, who is
required to have legal expertise, and that the hiring
panel include members of the Commission on
Disabilities as well as other appropriate community
groups; regarding the liaison position, that SCCHO
continue to monitor whether twenty hours a week is
adequate to provide the kind of service that is needed
and whether this person is in fact helping people to
resolve their problems; that SCCHO immediately provide
vendors with information concerning the elimination of
language that has been referred to as a "gag order",
and that they be provided with whatever new language
is appropriate; that some process be worked out
whereby there is some way to obtain written
authorization within twenty-four to forty-eight hours
for wheelchair repairs that could be given to vendors
and that some process be worked out immediately for
keeping current vendor lists available for
distribution to clients; that SCCHO and the County
Health Department continue to work with the Commission
on Disabilities on the unresolved issues that are
outstanding; that the Board of Supervisors receive a
preliminary report on December 8, 1998 on how SCCHO is
dealing with the question of authorization for
wheelchair repair; and a report on the progress on all
of these issues on March 2, 1999
WASRB
61. APPROVED at-large appointments of Kathleen Morkert,
John Petersdorf, Alvin Karp, Michael Molesky, Dr.
Arthur Dover, Dr. Christine Griger, and Charles M.
Moody, in the categories indicated, to the Santa Cruz-
Monterey County Managed Medical Care Commission, for
the terms of office to be determined by lot
RSWAB
62. CONSIDERED appointment to the Pajaro Valley Water
Management Agency Board of Directors, for a two year
term;
(1) approved appointment of Frank William Capurro to the
Pajaro Valley Water Management Agency Board of
Directors, for a two year term;
(2) with an additional directive for County Counsel to
return January 12, 1999 with a proposed process for
opening-up nominations for the Pajaro Valley Water
Management Agency Board of Directors to any person who
makes more than fifty-one percent of their income from
the production of agriculture
(1) RSwaB
(2) WASRB
63. CONTINUED TO DECEMBER 8, 1998 public hearing to
establish the 1999 Growth Goal
WSRAB
64. CONTINUED TO DECEMBER 8, 1998 consideration of the
recommendation of the Agricultural Policy Advisory
Commission and additional reports from County Counsel
and Planning Department regarding a proposed Right-to-
Farm ordinance
RASWB
65. CONTINUED TO DECEMBER 8, 1998 public hearing to
consider proposed General Plan/LCP amendments and
ordinance amendments regarding residential
nonconforming uses and general nonconforming use
provisions
WSRAB
66. RECEIVED bids regarding the Roof Hoist at 1400 Emeline
Avenue and referred to General Services to return with
a recommendation on or before December 15, 1998
RSWAB
67. RECEIVED bids regarding the Exterior Waterproofing at
the Water Street Jail and referred to General Services
to return with a recommendation on or before December
15, 1998
RSWAB
68. RECEIVED bids regarding the Loma Prieta Replacement
Fire Station and referred to General Services to
return with a recommendation on or before December 15,
1998
RSWAB
68.1 DIRECTED the County Administrative Officer to have the
Planning Department prepare a report including the
issues surrounding the McGregor property to be
submitted on the consent agenda of December 8, 1998
SARWB
69. Public hearing held to consider a proposal to amend
Commercial Development Permit No. 96-0772 by operating
a teen residential care facility with a reduction in
the permitted number of youth to 20 full-time
residential occupants and 10 day-time participants and
a reduction in the number of staff to 10. The
amendment maintains the existing 5,657 square foot
community house containing 10 bedrooms, kitchen and
living rooms and a 2,588 square foot administration
building. The amendment retains the historic use of
the 7 existing cottages as rental units. Requires an
amendment to Commercial Development Permit No. 96-
0772. Property located on the north side of Freedom
Boulevard, about .25 miles east of the intersection
with Corralitos Road at 2716 Freedom Boulevard.
Owner: Namvar Dinyari; Applicant: Mercy Charities
Housing California; APN: 050-081-01;
closed public hearing; certified the Environmental
Exemption; and approved Application No. 98-0718 for
Above the Line Residential Care Facility and the
continued historic use of 7 cottages on APN: 50-081-
01, with the attached conditions as amended, to change
language regarding the Conditions of Approval
(attachment 2), on page 14, IV A, Operational
Conditions, last sentence to read: "While this permit
authorizes the program to offer substance abuse
treatment at the facility as part of its overall
program. The facility shall not serve as a primary
facility for residential substance abuse treatment
without further Board review and approval of any such
change in use."
WAsrB
69.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment
Agency Administrator to negotiate and sign a financing
agreement for the Above the Line Project, as
recommended by the Redevelopment Agency Administrator
WASRB
70. Public hearing held to consider the Planning
Commission's recommendations regarding General
Plan/Local Coastal Program Land Use Plan and
Implementing Ordinance Amendments relating to Timber
Harvesting;
closed public hearing; adopted RESOLUTION NO. 441-98
adopting amendments to the County General Plan/Local
Coastal Program Land Use Plan and Implementing
Ordinances relating to Timber Harvesting contained in
Amendment Set 2 and referred these amendments to the
California Coastal Commission for processing, and
directed that these amendments be returned to the
Board on May 25, 1999, for final adoption and
certification of the environmental documents; and
continued consideration of the General Plan/Local
Coastal Program Land Use Plan and Implementing
Ordinance Amendments contained in Amendment Set 1 to
May 25, 1999; and directed the Planning Department to
prepare a package of Forest Practice Rules changes for
Board review on December 15, 1998, for re-submittal to
the Board of Forestry for processing in early 1999;
with additional directive to the Planning Department
to return on December 8, 1998 with a proposed
ordinance regarding Riparian Corridor Provisions that
would become effective in 31 days in areas outside of
the Coastal Zone which would apply the proposed
riparian buffers to both TP Zones and non-TP Zones;
and further directed to delete from Section 13.10.378
(b), Helicopter Provisions, the language "... provided
that the Director may reduce this requirement to 500
feet with a written concurrence of the residential
inhabitant"; to add language in 13.10.695(a) second
line after the words ...", in addition to the TP
Zone," the language "only in those zones." and in
Section 13.10.695(b) to delete the words "except the
TPZ zone" but only as it applies to riparian corridor
not the other locational criteria that are referred
to; and to the design standards for private roads,
include the words that rock cover that grades of 0-10
percent gradiants shall be six inches of drain"... or
base"....rock.
AWsrB
71. CONTINUED TO JANUARY 12, 1999 consideration of report
on parcel size analysis of properties zoned Special
Use "SU" for determining the appropriate parcel size
for timber harvesting
AWSRB
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 December 8, 1998