PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 98, NUMBER 32
DECEMBER 15, 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. 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 - one person 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
WSRAB
6. APPROVED claims as submitted by the Auditor-Controller
7. ITEM DELETED
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of December 7,
1998 through December 11, 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. DENIED claim of Robert G. Tanner No. 899-064 and
referred to County Counsel
10. DENIED claim of Luis Daniel Rosales No. 899-066 and
referred to County Counsel
11. ACCEPTED Treasurer's Monthly Cash Report for period
ending October 31, 1998, as recommended by the
Treasurer-Tax Collector
12. AWARDED contract to D & S Painting, Incorporated, in
the amount of $11,500 for the Exterior Waterproofing
at Water Street Jail Project; and approved related
actions, as recommended by the Director of General
Services
13. AWARDED contract to Roger D. Jones Construction in the
amount of $12,243 for the Roof Hoist at 1400 Emeline
Avenue Project; and approved related actions, as
recommended by the Director of General Services
14. ACCEPTED and approved final completion of construction
project at the Warehouse at 100 Rountree Lane;
approved final cost of $350,310; and directed the
Clerk of the Board to file the Notice of Completion,
as recommended by the Director of General Services
15. ACCEPTED status report on emergency management plan
development and directed the General Services
Department to return on or before April 13, 1999, as
recommended by the Director of General Services
16. DIRECTED the Chairperson to send a letter to the
Judicial Council of California approving the submittal
of the Court-Appointed Special Advocate (CASA) Grant
Proposal in the amount of $35,000, as recommended by
the Executive Officer and Clerk of the Superior Court
17. APPROVED and authorized the Sheriff-Coroner to sign
the hold harmless agreement between the
County/Sheriff's Office in order to allow the
Sheriff's Office to use the Seaside Company property
as a training site on January 13 and 27, 1999, as
recommended by the Sheriff-Coroner
18. APPROVED gross pay adjustment for employee who missed
a step advance, as recommended by the Personnel
Director
19. ADOPTED RESOLUTION NO. 458-98 determining Disability
Retirement status of Safety employee, as recommended
by the Personnel Director
20. AUTHORIZED the Health Services Agency Administrator to
sign an agreement with the Center for Applied Local
Research to add $27,500 for Drug Court program
evaluation services; authorized the Superior Court, in
conjunction with the Health Services Agency Alcohol
and Drug Program, to negotiate an agreement effective
December 15, 1998 with the Santa Cruz Community
Counseling Center - ALTO Counseling Center in the
amount of $101,481 for Drug Court treatment services;
adopted RESOLUTION NO. 459-98 accepting and
appropriating unanticipated revenue in the amount of
$100,001 into the Health Services Agency Alcohol and
Drug Program budget, with additional directive
21. ADOPTED ORDINANCE NO. 4527 adding Chapter 2.45 to the
Santa Cruz County Code establishing the Children and
Families First Commission
22. APPROVED Transportation Development Act Demonstration
Program funds application in the amount of $20,000 for
additional support facilities for bicycle commuters;
and authorized the Director of General Services to
sign the application request, as recommended by the
Director of General Services
23. APPROVED recommendations relative to the allocation of
funding for six-county coho salmon restoration
efforts, as outlined, as recommended by Supervisor
Almquist
24. ACCEPTED proposed ordinances for staff review from the
autonomous fire protection districts of Aptos/La
Selva, Ben Lomond, Boulder Creek, Branciforte,
Central, Felton, Pajaro Valley, Scotts Valley and
Zayante; and directed General Services and County Fire
staff to transmit any written comments regarding the
fire districts respective ordinances to them no later
than January 15, 1999, as recommended by the Director
of General Services
25. ACCEPTED status report on CNG Refueling Facility
Coalition projects; authorized the County
Administrative Officer to sign the related agreements
on behalf of the County and the Director of General
Services to sign as the County Representative to the
Coalition; and directed the General Services
Department to report back on February 2, 1999, as
recommended by the Director of General Services
26. ADOPTED RESOLUTION NO. 460-98 establishing a 2 percent
interest rate on tenant's rental security deposits
effective January 1, 1999; and approved related
actions, as recommended by the County Administrative
Officer
27. APPROVED an agreement in the amount of $9,975 with
Boone and Low Architects for completion of plans and
specifications for the Work Release Building at
261/263 Water Street; and authorized the Sheriff-
Coroner to sign the agreement and any necessary
contract documents, as recommended by the Sheriff-
Coroner
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 the Health Services Agency to submit a
multi-year renewal application for AIDS Case
Management Program funds in the approximate amount of
$113,400, as recommended by the Health Services Agency
Administrator
30. DEFERRED the Packard Health Care Outreach Coalition
contract approvals until February 9, 1999, as
recommended by the Human Resources Agency
Administrator
31. ADOPTED RESOLUTION NO. 461-98 accepting and
appropriating unanticipated revenue in the amount of
$653,275 of State and federal funds for job training
services, as recommended by the Human Resources Agency
Administrator
32. ADOPTED RESOLUTION NO. 462-98 accepting and
appropriating unanticipated revenue in the amount of
$306,467 from the State for children's services, as
recommended by the Human Resources Agency
Administrator
33. SEE ITEM NO. 66.3, REGULAR AGENDA
34. ITEM DELETED
35. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 8,
ADOPTED RESOLUTION NO. 463-98 accepting and
appropriating unanticipated revenue in the amount of
$15,240 from the Federal Emergency Management Agency;
adopted RESOLUTION NO. 464-98 accepting and
appropriating unanticipated revenue in the amount of
$36,105 from the State Office of Emergency Services
for the Fernwood Avenue Homes Streambank Protection
Project; approved Contract Change Order No. 1 in the
amount of $94,202.50; authorized the Chairperson to
sign the Change Order; and approved related actions,
as recommended by the District Engineer
36. SEE ITEM NO. 66.5, REGULAR AGENDA
37. CONTINUED TO JANUARY 12, 1999 consideration to approve
proposed route concept for Capitola Road between
Seventh Avenue and Thirtieth Avenue; and direct Public
Works and Redevelopment staff to initiate a community
input process and report back to the Board on or
before May 4, 1999 with any additional recommendations
38. APPROVED agreement with CH2M Hill for solid waste
consultant engineering services in the amount of
$173,015; authorized the Director of Public Works to
sign the agreement; and approved related actions, as
recommended by the Director of Public Works
39. SEE ITEM NO. 66.4, REGULAR AGENDA
40. AUTHORIZED the Director of Public Works to release a
portion of the Faithful Performance Security submitted
for Tract 1306, Heather Terrace (Capitola Road), in
accordance with Exhibit "A", as recommended by the
Director of Public Works
41. AUTHORIZED the Director of Public Works to release a
portion of the Faithful Performance Security submitted
for Tract 1373, Harborview (Capitola Road), in
accordance with Exhibit "A", as recommended by the
Director of Public Works
42. AUTHORIZED the Director of Public Works to sign the
subdivision agreement between Harbor Vista Partnership
and the County of Santa Cruz for a two-year extension
at Tract 1348, Harbor Vista; and approved related
actions, as recommended by the Director of Public
Works
43. APPROVED the host customer agreement for traffic
signal upgrades and authorized the Director of Public
Works to sign the agreement, whereby the County would
receive a refund of $51,495; directed Public Works to
return the annual payments to the structures and
improvement funds of County Service Area No. 9,
Highway Safety Account, as recommended by the Director
of Public Works
44. ADOPTED RESOLUTION NO. 465-98 initiating proceedings
for the formation of the Corralitos Geologic Hazard
Abatement District; adopted RESOLUTION NO. 466-98
initiating proceedings for the formation of the Mid-
County Geologic Hazard Abatement District; and adopted
RESOLUTION NO. 467-98 initiating proceedings for the
formation of the Heartwood Hill Geologic Hazard
Abatement District; scheduled public hearings on
January 12, 1999 at 9:00 a.m. or thereafter to
consider the formation of these districts; and
approved related actions, as recommended by the
Planning Director
45. ADOPTED RESOLUTION NO. 468-98 accepting and
appropriating unanticipated revenue in the amount of
$1,256,501 for the Felton Grove Project; adopted
RESOLUTION NO. 469-98 canceling estimated revenue and
appropriations; and adopted RESOLUTION NO. 470-98
accepting and appropriating unanticipated revenue in
the amount of $95,616 for the Federal Emergency
Management Agency Hazard Mitigation Program; and
approved related actions, as recommended by the
Planning Director
46. SEE ITEM NO. 66.1, REGULAR AGENDA
47. ADOPTED ORDINANCE NO. 4528 correcting interim
Ordinance No. 4523 extending the interim ordinance to
create the Farmland Security Combining District, as
recommended by the Planning Director
48. APPROVED amendment to agreement with the Housing
Authority for the Brace for the Quake Hazard
Mitigation Grant Program; and authorized the County
Administrative Officer to sign the agreement, as
recommended by the Planning Director
49. ADOPTED RESOLUTION NO. 471-98 extending the term of
the North Coast Beaches Advisory Committee to December
31, 1999; and reappointed the current North Coast
Beaches Advisory Committee with a term to expire
December 31, 1999, as recommended by the Director of
Parks, Open Space and Cultural Services
50. DEFERRED report on the negotiations with the City of
Santa Cruz regarding the Louden Nelson Community
Center until January 26, 1999, as recommended by the
Director of Parks, Open Space and Cultural Services
51. ACCEPTED completion of the installation of the "Vessel
Fence Line" at the Simpkins Family Swim Center and
authorized the Director of County Parks to approve the
final payment, as recommended by the Director of
Parks, Open Space and Cultural Services
52. AS THE BOARD OF DIRECTORS FOR THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED Change Order No. 41 for
the Simpkins Family Swim Center Project in the amount
of $16,784; and approved related actions, as
recommended by the Redevelopment Agency Administrator
53. 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.: State of California, ex rel. Stull v.
Bank of America (San Francisco Superior Court Case No.
968-484); People and County of Santa Cruz v. Greene,
Trustee (Santa Cruz Superior Court Case No. 134416);
Citizens for Responsible North Coast Planning v.
County (Santa Cruz Superior Court Case No. CV 134747);
California Alliance for Resource Conservation v.
County (Santa Cruz Superior Court Case No. CB 134748);
Appeal of Buena Vista Soil Management Project (Coastal
Commission Case No. A-3-SCO-98-096); Bazar v. County
of Santa Cruz (Santa Cruz Superior Court Case No.
134334)
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 one potential case.
REPORT OF COUNTY COUNSEL - The Board approved a
settlement in the case of State of California, ex rel.
Stull v. Bank of America (San Francisco Superior Court
Case No. 968-484) in which the county will receive
payments for handling bond funds (SWRAB); The Board
approved initiation of litigation regarding Health and
Safety Code Violations and Use Permit Violations in
regard to the Golden Torch Travel Trailer Park (SWRAB)
53.1 APPROVED appointment of Thomas D. McClellan to the
Alcoholism and Drug Abuse Commission for a term to
expire April 1, 1999, as recommended by Supervisor
Wormhoudt
53.2 APPROVED plans and specifications for the Bonny Doon
Replacement Fire Station project; set bid opening for
Tuesday, January 26, 1999 at 10:45 a.m.; and approved
related actions, as recommended by the Director of
General Services
53.3 SEE ITEM NO. 66.2, REGULAR AGENDA
53.4 APPROVED contract amendments with the California
Department of Fish and Game for the Scott Creek
Stream Enhancement Grant; adopted RESOLUTION NO. 472-
98 accepting and appropriating unanticipated revenue
in the amount of $11,500; and approved related
actions, as recommended by the Planning Director
53.5 SEE ITEM NO. 66.6, REGULAR AGENDA
53.6 APPROVED contract with Fenix Services for community-
based detention alternatives to juveniles in the
amount of $205,500, as recommended by the Chief
Probation Officer
REGULAR AGENDA
54. APPROVED at-large reappointments of Michelle Hinkle
and Michael Keogh to the Santa Cruz Metropolitan
Transit District Board of Directors, for terms to
expire December 31, 2002
ASWRB
55. Continued consideration concerning the recommendation
of the Agricultural Advisory Commission and additional
reports from County Counsel and Planning Department
regarding a proposed Right-to-Farm ordinance; directed
Planning staff to return with a proposal to combine
the relevant aspects of the model Right-to-Farm
ordinance with the Agricultural Land Preservation
Ordinance; that the definitions of nuisance contained
on the model ordinance be made consistent with State
law; and that an analysis be done of any
inconsistencies with the General Plan or zoning
ordinance that would need to be dealt with in some way
WASrB
56. Presentation made honoring Supervisor Ray Belgard
57. Public hearing held to consider the Planning
Commission's recommendation regarding a General Plan
amendment to delete a portion of the Scenic Road
Designation from Casserly and Mt. Madonna Roads;
closed public hearing; adopted RESOLUTION NO. 473-98
adopting a General Plan Amendment to Policy 5.10.10
deleting a portion of the Scenic Corridor designation
on Casserly and Mount Madonna Roads
RSwAB
58. Presentation made honoring Diana Ray
59. CONSIDERED report regarding the property located at
the corner of McGregor and Sea Ridge Drives;
accepted and filed report; and referred matter to the
Planning Commission to study the existing zoning and
to consider appropriateness of rezoning it to VA
(Visitor Accommodation) or other appropriate zone
district
SAWRB
60. Continued consideration of report on status of the
Care of Court Wards budget;
ADOPTED RESOLUTION NO. 474-98 accepting and
appropriating unanticipated revenue in the amount of
$35,000 from Federal Government Reimbursement for
Title IV-E program; approved transfer of funds of
$70,000 salary savings from Probation Index 574000 to
Care of Court Wards Index 577000; and directed the
Chief of Probation to return on January 26, 1999 with
a full report discussing the status of the Care of
Court Wards budget
ASwRB
61. Continued consideration of report on Latino Equity;
accepted and filed report; the Board expressed it's
intention that it wants to make the final decision on
Latino Equity allocations as it goes on all other
community programs; and directed the County
Administrative Officer to return to the Board on or
before February 2, 1999 with an outline of how they
would work with the community and the current Latino
Equity Committee in order to present to the Board a
staff recommendation on Latino Equity for
consideration at budget hearings
WASRB
62. CONTINUED TO JANUARY 12, 1999 consideration of
proposed ordinance amending Chapter 2.40 relating to
the Affirmative Action Commission, Chapter 3.04
(Section 3.04.040) relating to discrimination, and
Chapter 2.46 (Section 2.46.070) relating to merit
principles
SRWAB
62.1 CONTINUED TO JANUARY 12, 1999 consideration of
recommendation regarding request of the District
Attorney to add one FTE Attorney position for the
prosecution of public assistance fraud cases
AWSrB
62.2 CONSIDERED adoption of an ordinance amending the
Second Unit Ordinance which would establish a two-year
pilot program in Pajaro Valley and Salsipuedes
planning areas;
referred issue to the Planning Director; directed the
Planning Director to submit proposed changes for staff
analysis, environmental review and appropriate
Planning Commission review; with an additional
directive to the Planning Director to return to the
Board with a recommendation in conjunction with the
1999 Work Program
RASwb
63. Public hearing held 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 APN's:
052-231-34 (Southeast corner of Beach Drive and
Thurwachter Road); 106-211-13, -21 and 22 (195 Raptor
Road); 110-101-05, -06 (140 Peckham Road); 110-102-04
(286 Thompson Road); and 110-121-12 (Northeast side of
Thompson Road, about .8 miles north of the
intersection with Carlton Road);
closed public hearing; approved the conversion from
the Agricultural Preserve Contracts to the Farmland
Security Contracts; authorized the Chair to sign the
Contracts on behalf of the County; with an additional
directive to delete APNs: 106-211-21 and 106-211-22
from the Conversion Contract
RWSAB
64. Public hearing held to consider a proposal to amend
Coastal Permits 91-0211 and 96-0547 by relocating and
modifying the size of a walkway and vista point
required by the conditions of these permits. Property
located on the west side of Seaview Drive (452 Seaview
Drive), at the intersection of Baldwin Drive and
Seaview Drive in the Aptos Planning Area.
Owner/Applicant: Kenneth and Fern Frost; Application
No. 98-0806; APN: 043-112-14;
closed public hearing; adopted Findings and
Conditions; and approved Application No. 98-0806 for
an Amendment to Coastal Permit No. 91-0211
SRWAB
65. CONSIDERED report on the development of Forest
Practice Rules changes and the status of the Forest
Practice Rules approved by the Board of Forestry;
deferred consideration of the proposed Forest Practice
Rules to January 12, 1999; and directed Planning staff
and County Counsel to provide a report and
recommendations regarding the implementation of the
Forest Practice Rules approved in 1998 by the Board of
Forestry
AWsrB
66. Continued consideration of adoption of an ordinance
prohibiting Timber Harvesting within Riparian
Corridors not in the Coastal Zone;
adopted ORDINANCE NO. 4529 adding Section 13.10.695 to
the Santa Cruz County Code Relating to Locational
Criteria for Timber Harvesting (Alternate Version);
and approved the filing of Notice of Exemption for the
Ordinance as a Class 7 and Class 8 categorical
exemption under CEQA
AWsrB
66.1 CONSIDERED report on changes to submittal requirements
and processing procedures for development projects
subject to Design Review;
(1) motion made to approve recommendations in letter of
Planning Director dated December 4, 1998;
(2) motion made to amend the main motion to direct
Planning staff to immediately begin requesting from
applicants, the materials specified by the "Submittal
Requirements: Design Review," form. These items shall
be deemed the minimum submittal requirements for a
project to be deemed complete for processing; require
the recordation of permit conditions in the Office of
the County Recorder, following project approval;
require that any changes to approved projects be
returned to the decision-making body in the form of a
hearing setting letter and placed on such body's
Consent Agenda for appropriate consideration and
action; require that the final Conditions of Approval
be included on all construction plans. A complete set
of plans including the final Conditions of Approval
shall be provided by the project sponsor prior to
issuance of building permits; direct the Planning
Director and the Director of Public Works to continue
working together to improve coordination and condition
compliance relative to tentative and final land
division review and approvals; with an additional
directive to direct the Planning Director to meet with
local businesses to determine the effectiveness of the
actions and return to the Board with any
recommendations for Board consideration; passed main
motion, as amended
(1) WBsrA
(2) SARWB
66.2 DIRECTED Planning staff to immediately include a
number of new requirements for future development
applications, as outlined, as recommended by
Supervisors Beautz and Symons
SWRAB
66.3 ACCEPTED AND FILED status report on the Buena Vista
Landfill Gas Power Project; approved conceptual
development of the Buena Vista Landfill Gas Power
Project as a public/private venture with Brown, Vence
and Associates, Incorporated, and directed Public
Works to return on or before February 2, 1999, with
final report and staff presentation, and all
agreements and financial plans necessary to commence
with final development of the Buena Vista Landfill Gas
Power Project, with an additional direction for Public
Works to discuss the option of structuring the project
agreement with Brown, Vence and Associates,
Incorporated, for a five year period rather than a ten
year period with the option at year five of either
assuming control of the project or extending the
agreement with BVA for an additional term
ASWRB
66.4 ADOPTED RESOLUTION NO. 475-98 accepting and
appropriating unanticipated revenue in the amount of
$50,000 from the California Integrated Waste
Management Board; approved independent contractor's
agreement with Brown, Vence and Associates in the
amount of $149,203 for Phase 1 of the preparation of a
Waste Characterization Study and authorized the
Director of Public Works to sign the agreement;
authorized the Director of Public Works to waive
disposal fees for users of the County disposal
facilities whose loads are selected for sampling for
the Study; and directed the Clerk of the Board to take
related actions, as recommended by the Director of
Public Works
ASWRB
66.5 CONTINUED TO JANUARY 12, 1999 consideration to approve
proposed revisions to the County of Santa Cruz Design
Criteria
AWSRB
66.6 AUTHORIZED the County Administrative Officer and
Special Counsel to take such actions as are necessary
to protect cable subscribers in the cable service area
served by Charter Communications during the Board of
Supervisors holiday recess including: initiating
litigation; and approving a transfer agreement subject
to certain conditions, which would be submitted to the
Board at its first meeting in January 1999, as
recommended by the County Administrative Officer
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 January 12, 1999