PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 97, NUMBER 31
NOVEMBER 25, 1997
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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
See Item Nos. 48.1 and 51, Consent Agenda
3. Additions and Deletions to Consent Agenda
4. ORAL COMMUNICATIONS - Two 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
RSBAW
6. APPROVED claims as submitted by the Auditor-Controller
7. DELETED Item
8. ACCEPTED AND FILED notification of continuing
contracts received November 17, 1997 through November
21, 1997 and approved upon adoption of the 1997/98
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. DENIED claim of Glen Ramirez, No. 798-049 and referred
to County Counsel
10. DENIED claim of Josephine R. Gagnon, No. 798-050 and
referred to County Counsel
11. AUTHORIZED the Auditor-Controller to release the
$3,000 deposited for secured taxes on parcel 009-081-
55 for 1997-98, as recommended by the Auditor-
Controller
12. AUTHORIZED the Auditor-Controller to apply $2,719.86
of the Tax Security to the first and second
installments of 1997-98 secured taxes on parcel No.
109-201-31, and refund to C. Edward and Tina M. Mehl
the remainder of $280.14, as recommended by the
Auditor-Controller
13. DEFERRED report on cablecasting of meetings of the
Board of Supervisors until January 27, 1998, as
recommended by the County Administrative Officer
14. DEFERRED report on Internet Access Plan to December
16, 1997, as recommended by the Information Services
Director
15. ACCEPTED AND FILED Treasurer's Cash Report pursuant to
Government Code Section 27063, as recommended by the
Treasurer-Tax Collector
16. ADOPTED RESOLUTION NO. 442-97 accepting and
appropriating unanticipated revenue in the amount of
$35,504 to record funds received from the District
Attorney's Office and the Human Resources Agency for
vehicle lease payment, as recommended by the Director
of General Services
17. ACCEPTED AND FILED report regarding recent
establishment of the Mobilehome Ordinance Review
Subcommittee by the Mobilehome Commission, as
recommended by County Counsel
18. ADOPTED ORDINANCE NO. 4477 amending Chapter 8.42 to
the Santa Cruz County Code relating to security
deposits for residential rental properties Tenant's
Interest on Security Deposits
19. ACCEPTED AND FILED Final 1997-98 Capital Improvement
Program document and approved related actions,
including a report back on May 19, 1998, as
recommended by the County Administrative Officer
20. SEE ITEM NO. 62.1, REGULAR AGENDA
21. CONTINUED the report of County Counsel on the
development of uniform County and Redevelopment Agency
guidelines for relocation payments until January 13,
1998, as recommended by County Counsel
22. CONTINUED TO DECEMBER 9, 1997 consideration to approve
request for transfer of funds in the amount of $77,287
from the County fire fund balance and create the
necessary appropriations in County Fire capital
projects
23. APPROVED a contract with D.L. Camison Construction in
the amount of $334,370 for the Warehouse at 100
Rountree Lane in Watsonville, and authorized the
General Services Director to sign contract agreements
and associated documents, adopted RESOLUTION NOS. 443-
97 AND 444-97 accepting unanticipated revenue in the
amount of $24,581, and approved related actions, as
recommended by the Director of General Services
24. ADOPTED RESOLUTION NO. 445-97 amending Resolution No.
247-76 regarding Supervising Deputy Probation Officer
III differential, as recommended by the Personnel
Director
25. APPROVED contract with the Criminal Research
Foundation in the amount of $37,590 for preparation of
the Violent Offender Incarceration Grant application,
updating the Juvenile Hall Needs Assessment and
defining facility requirements; adopted RESOLUTION NO.
446-97 accepting and appropriating unanticipated
revenue in the Probation Department budget in the
amount of $37,590; and directed the Probation
Department to return on or before February 24, 1998
with a proposed Violent Offender Incarceration Grant
application, as recommended by the Chief Probation
Officer
26. APPROVED reappointment of Carlos Rico as an at-large
(1) appointee to the Housing Authority Board of
Commissioners, nominated by the City of Watsonville,
for a term to expire November 25, 1999, as recommended
by Chair Wormhoudt
(2) reconsidered this item and changed the term expiration
date to November 25, 2001
(1) RSBAW
(2) ARBSW
27. APPROVED appointment of Barbara Kennedy to the
Historical Resources Commission for a term to expire
April 1, 2001, as recommended by Supervisor Almquist
28. APPROVED appointment of Art Ventura to the Alcohol and
Drug Abuse Commission for a term to expire April 1,
1999, as recommended by Supervisor Belgard
29. DIRECTED the Chair to indicate the Board's support for
the addition of an eighth member to the Executive
Committee of "For the Sake of the Salmon",
representing agriculture, through amendment of the
organization's charter, as recommended by Chair
Wormhoudt
30. APPROVED amendment to Memorandum of Understanding for
District Attorneys' Association to extend the
Memorandum of Understanding to December 1, 2000, and
authorized the Personnel Director to sign agreement,
as recommended by the Personnel Director
31. 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
32. APPROVED the contract, effective July 1, 1997, with
the California Association of Environmental Health
Administrators for the Envision system, as recommended
by the Health Services Agency Administrator
33. ADOPTED RESOLUTION NO. 447-97 approving an agreement
with the State for mental health services using the
Standard Performance Contract format, and directed
Clerk of the Board to take related actions, as
recommended by the Health Services Agency
Administrator
34. ACCEPTED AND FILED report concerning Mental Health
Housing Project and directed County Mental Health to
continue working with the Redevelopment Agency to
develop final recommendations, and report back to the
Board on January 13, 1998, as recommended by the
Health Services Agency Administrator
35. AUTHORIZED the Health Services Agency Alcohol and Drug
Program to submit a proposal to the State Department
of Alcohol and Drug Programs for $75,000 per year for
three years to fund drug court services, as
recommended by the Health Services Agency
Administrator
36. SEE ITEM NO. 59.1, REGULAR AGENDA
37. ACCEPTED AND FILED report on the United Way Community
Assessment Project, and directed the Human Resources
Agency to report back at budget hearings regarding the
Community Assessment Project Year Four goals,
objectives and progress, as recommended by the Human
Resources Agency Administrator
38. APPROVED agreements with the Santa Cruz Citizens
Committee for the Homeless providing a total of
$662,344 for construction and operation of the
Community House transitional housing project, and
authorized the Human Resources Agency Administrator to
sign the agreements; and adopted RESOLUTION NO. 448-97
accepting unanticipated revenue in the amount of
$224,072, as recommended by the Human Resources Agency
Administrator
39. DIRECTED Planning, Public Works, and Environmental
Health to submit a report on water monitoring on March
3, 1998, with additional directive
40. AUTHORIZED the Human Resources Agency Administrator to
sign an amendment to a contract with Ron Wolff for the
Foster Parent Training and Recruitment Program, as
recommended by the Human Resources Agency
Administrator
41. DEFERRED completion of agreements with partners for
the South County One-Stop Career Center to January 27,
1998, as recommended by the Human Resources Agency
Administrator
42. AUTHORIZED the Chair to sign contract Change Order No.
3 for Murphy Road Low Water Crossing detour removal in
the amount of $15,762, and directed the Clerk of the
Board to take related action, as recommended by the
Director of Public Works
43. APPROVED the proposed plan line for Forty-first Avenue
between East Cliff Drive and Portola Drive, and
directed Public Works to include the plan line for
this segment in the Master Plan Line file, as
recommended by the Director of Public Works
44. ACCEPTED AND FILED report on the proposed stop signs
for Geoffrey Drive, Jose Avenue, Felt Street and
Mattison Lane, as recommended by the Director of
Public Works
45. SCHEDULED a public hearing for the afternoon agenda on
Tuesday, December 16, 1997, to consider the Planning
Commission's recommendation on a proposal to create 23
single-family residential lots and to remove a one-
foot wide non-access strip along the Axford Road
frontage in the Live Oak area, as recommended by the
Interim Planning Director
46. CONTINUED TO DECEMBER 9, 1997 consideration to accept
and file report on proposed ordinance amendments
regarding nonconforming uses and approve related
actions
47. APPROVED a contract with Jack Mackie for art work at
the Simpkins Family Swim Center, authorized the
Director of County Parks to execute the contract on
behalf of the County and authorized the Director of
County Parks to accept work and approve payments as
detailed, as recommended by the Director of Parks,
Open Space and Cultural Services
48. SEE ITEM NO. 62.2, REGULAR AGENDA
48.1 ACCEPTED item for consideration according to criteria
specified, that being a need to take action to avoid
injury or detriment to the public arose after the
posting of the agenda (BASRW);
authorized the Chair to send a letter to the State
Transportation Commission asking that it specifically
include Road Rehabilitation and Reconstruction
Projects as eligible under future Regional
Transportation Improvement Program (RTIP) funding, as
recommended by the Director of Public Works
49. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, DIRECTED the Redevelopment
Agency Administrator and Director of Public Works to
return on or before April 21, 1998 with
recommendations for a traffic calming program, as
recommended by the Redevelopment Agency Administrator
50. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED an amendment to the
architectural services contract of $2,850 with Teall
Messer, Architect, for the Live Oak Interim Library
project, and approved related actions, as recommended
by the Redevelopment Agency Administrator
51. AS THE BOARD OF SUPERVISORS, REDEVELOPMENT AGENCY AND
SANTA CRUZ COUNTY FLOOD CONTROL DISTRICT, SCHEDULED a
closed personnel and litigation session as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Case Name/No.: People v. Ryland Homes (Santa Cruz
Superior Court Case No. 133073); People v. Gilbertson
(Santa Cruz Superior Court Case Nos. 124269 and
128319)
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 two potential cases
ACCEPTED item for consideration according to criteria
specified, that being a need to avoid injury or
detriment to the public arose after the posting of the
agenda (RASBW);
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation to be considered pursuant to
subdivision (c) of Government Code 54956.9 for one
potential case (RABSW)
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Position title/description: Planning Director
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
Various employee organizations
REPORT OF COUNTY COUNSEL - The Board of Supervisors
authorized the County of Santa Cruz to join in the
State Mandate's claim of County of Sonoma regarding
the ERAF shift of property taxes by State Legislation
to the counties to fund education; and to file an
administrative appeal to the State Board of Forestry
of THP 1-97-103 SCR Malosky Creek (BSRAW)
51.1 DEFERRED report concerning contracting out for jail
medical services until February 3, 1998, as
recommended by the Health Services Agency
Administrator
RSBAw
REGULAR AGENDA
52. Presentation made by 1997 Child Care Facilities and
Business Development Project
53. Continued consideration of report on the Historic
Resource Designation of the Toll House Resort and
related actions;
accepted and filed report; adopted RESOLUTION NO. 449-
97 clarifying previous Historic Resources designation
on the Toll House Resort
ASBRW
54. Continued public hearing held to establish the 1998
Growth Goal;
closed public hearing; adopted RESOLUTION NO. 450-97
adopting annual population growth goals for 1998
BASrW
55. DELETED ITEM
56. CONSIDERED adoption of an ordinance amending Chapter 9
of the County Code which would provide for
installation of multi-way stop signs at Cliff Drive
and Martin Drive/Sea View Drive; Playa Boulevard and
Estrella Avenue; Estrella Avenue at Playa Boulevard;
(1) approved ordinance "in concept" to return December 9,
1997 for final adoption;
(2) reconsidered the item and waived detailed reading of
complete ordinance
(1) RSBAW
(2) ASBRW
57. CONSIDERED an ordinance amending Chapter 9 of the
Santa Cruz County Code relating to stop intersections,
and related actions;
(1) read title and waived detailed reading of complete
ordinance;
(2) approved ordinance "in concept" to return December 9,
1997 for final adoption; directed Public Works to
proceed with the reconstruction of the Mattison Lane
right-angle curve, pending the scheduling and
appropriation of funding in the 1998/99 Capital
Improvement Program; and further directed Public Works
to determine if stop signs on Paget Avenue are
properly placed
(1) RBSAW
(2) BSRAW
58. CONSIDERED recommendations of Supervisor Almquist
regarding the drafting of a proposed ordinance
prohibiting the consumption of alcohol and the
possession of open alcoholic beverage containers in
public areas, and inclusion of a proposal in the
legislative package that the District Attorney be
given the discretion to charge those who furnish
alcoholic beverages to minors as either a misdemeanor
or a felony, depending on the circumstance, and that
the rules of civil liability be re-examined such that
furnishing of alcoholic beverages to minors be viewed
as equivalent to furnishing them with a dangerous
instrument;
directed County Counsel, in conjunction with the
Sheriff, to draft a proposed ordinance prohibiting the
consumption of alcohol and the possession of open
alcoholic beverage containers in public areas, as
amended to include beaches, for consideration by the
Board on or before December 16, 1997; directed County
Counsel to refer the proposed ordinance to the Drug
and Alcohol Advisory Commission for input prior to
Board consideration on December 16, 1997; and directed
the County Administrative Officer to include a
proposal in the County's legislative package that the
District Attorney be given the discretion to charge
those who furnish alcoholic beverages to minors as
either a misdemeanor or a felony, depending on the
circumstances, and that the rules of civil liability
be re-examined such that furnishing of alcoholic
beverages to minors be viewed as equivalent to
furnishing them with a dangerous instrument
SRBAW (with Supervisor Beautz voting "no" on the
inclusion of beaches in the ordinance)
59. RECEIVED bids regarding San Vicente Street Water Main
Construction and referred to Public Works to return
with a recommendation on or before December 16, 1997
RSBAW
59.1 ACCEPTED AND FILED report on Mental Health Managed
Care program, adopted RESOLUTION NO. 451-97 accepting
and appropriating revenues of $53,420, approved
contract with Toucan Education for development of
brochures and publications, and authorized the Health
Services Agency Administrator to take a variety of
actions needed to implement the program, and directed
the Health Services Agency Administrator to report
back to the Board with a program update on or before
February 24, 1998 and with contracts on or before
March 24, 1998, with an additional direction including
a report back on or before February 24, 1998
BASRW
60. Public hearing held to consider a proposal to
construct a non-profit school (preschool through 12th
grade) for up to 150 students, and demolish an
existing single family dwelling. Facilities
to include a classroom building, soccer field,
basketball court, play areas and a parking lot.
Outside facilities to be unlighted. Requires a
Commercial Development Permit, Coastal Zone Permit,
Grading Permit to cut and fill 970 cubic yards of
earth, and a Riparian Exception to reduce the required
40-foot riparian buffer to about zero feet to allow
construction of an earthen berm. Property located on
the northeast corner of the intersection of San
Andreas Road and Bonita Drive; Application No. 96-
0364; APN 045-011-14; Owner/Applicant: Robert Fish;
closed public hearing; approved the Negative
Declaration for the proposed Project; and approved
Application No. 96-0364 based on the findings and
conditions; with an additional directive that the
Planning Commission review General Plan Policy 5.8.2
and how it relates to all uses within groundwater
recharge and report back to the Board on March 3, 1998
with the well permitting and well monitoring items
RABSW
61. Public hearing held to consider recommendations of the
Planning Commission on a proposal to rezone parcels
number 030-211-07, -21 and -22 from C-1-GH to C-2-GH.
Includes an amendment to Development Permit 81-481-PD
("Creekside" complex) to establish a Master Occupancy
Program, and an amendment to the Master Occupancy
Program for Development Permit 96-0739 (APN 030-211-
22). Requires a rezoning, the establishment of a
Master Occupancy Program for Development Permit 81-
481-PD, and an amendment to the Master Occupancy
Program established under Development Permit 96-0739.
Property is located on the northwest corner of Highway
1 and Porter Street (2425 and 2407 Porter Street);
closed public hearing; certified the Negative
Declaration as complying with the requirements of the
California Environmental Quality Act; adopted
ORDINANCE NO. 4478 amending Chapter 13.10 of the Santa
Cruz County Code Changing Property From One Zone
District To Another; and approved the Master Occupancy
Program based on the findings and subject to the
conditions
SABRW
62. Postponed Departmental Workshop Presentation of the
Agricultural Commissioner
RS/B/AW
62.1 APPROVED recommendations of the District Attorney as
requested regarding actions relating to new positions
for the Family Support Division and the actions
relating to the award of the Drug Endangered Children
Response Team Grant, adopted RESOLUTION NO. 452-97
accepting unanticipated revenue and approved related
actions, as recommended by the County Administrative
Officer
RSBAW
62.2 CONTINUED TO DECEMBER 9, 1997 consideration to adopt
the Santa Cruz County Public Art and Design Guidelines
RSBAW
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 9, 1997