PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 99, NUMBER 31
DECEMBER 7, 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 - two persons addressed the Board:
by consensus, the Board directed Environmental Health
to report back on December 14, 1999 with the overall
review of where we are in relation to Regional Water
Quality Control Board actions and what Environmental
Health sees as significant about the issue given in
relation to the bacteriological analysis on the total
Coliform and E. Coli; and further directed that the
Planning Department report back on the issue of moving
the pens out of the area that pollutes the Riparian
Corridor (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
WSBCA
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of November 9, 1999, as recommended
by the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of November 15,
1999 through December 3, 1999 and approved upon
adoption of the 1999/00 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. APPROVED contract and operational agreement with CDF
for fire protection services for fiscal year 1999/2000
in the amount of $1,794,824; authorized the
Chairperson to sign the contract agreements; directed
the County Administrative Office and General Services
Department to return with an amended operational
agreement upon adoption of the County Fire Master
Plan; and directed the County Administrative Office
and General Services Department to return at the
2000/2001 budget hearings with a recommendation on the
appropriate fire protection provider for fiscal year
2001/20002, as recommended by the Director of General
Services
10. ACCEPTED AND FILED the Final 1999/00 Capital
Improvement Program document; directed the County
Administrative Officer to return on or before May 23,
2000 with the Proposed 2000-01 Capital Improvement
Program document, prior to the Planning Commission
Study Session, as recommended by the County
Administrative Officer
11. APPROVED inclusion of procedures for televising Board
meetings into the County Procedures Manual, as
recommended by the County Administrative Officer
WsBCA
12. ADOPTED RESOLUTION NO. 466-99 accepting unanticipated
revenue in the amount of $6,500 into the Sheriff's
Office; and adopted RESOLUTION NO. 467-99 accepting
unanticipated revenue in the amount of $6,500 into
General Services-Fleet Operations to fund increased
costs for a search and rescue vehicle; and take
related actions as recommended by the Sheriff-Coroner
13. AUTHORIZED the Sheriff-Coroner to sign a hold harmless
agreement between the Sheriff's Office and the United
States Government in order to allow the Sheriff to use
facilities at Moffet Field as a training site, as
recommended by the Sheriff-Coroner
14. ADOPTED RESOLUTION NO. 468-99 accepting and
appropriating unanticipated revenue in the amount of
$14,400 from the 1997 and 1999 Federal Bureau of
Justice Assistance Block Grants; and approved the
purchase of six police vehicle radios, as recommended
by the Sheriff-Coroner
15. ACCEPTED Statement of Vote for the November 2, 1999
Special School District Election and Special District
Election, as recommended by the County Clerk-Recorder
16. ADOPTED RESOLUTION NO. 469-99 ordering the elections
called by the Soquel Union Elementary School District
and Zayante Fire Protection District to be
consolidated with the March 7, 2000 primary election
and authorizing the County Elections Official to
conduct the elections on behalf of the districts, as
recommended by the County Clerk-Recorder
17. ACCEPTED Treasurer's Monthly Cash Report and the
Investment Transaction Report for the period ending
September 30, 1999, as recommended by the Treasurer-
Tax Collector
18. ADOPTED ORDINANCE NO. 4573 of the County of Santa Cruz
amending Chapter 2.38, Boards Commissions and
Committees Generally
19. DENIED claim of Michael and Shelly Ioane and Paradise
Solutions, a Trust, No. 900-056B and referred to
County Counsel
20. DENIED claim of Michael and Shelly Ioane and Paradise
Solutions, a Trust, No. 900-56C and referred to County
Counsel
21. DENIED claim of Richard Quigley No. 900-062 and
referred to County Counsel
22. DENIED claim of Steve Engel No. 900-064 and referred
to County Counsel
23. DENIED claim of Michael D. Kennedy No. 900-067 and
referred to County Counsel
24. DENIED claim of Sean L. Davis No. 900-070 and referred
to County Counsel
24.1 DENIED claim of Michael Lofano No. 900-050 and
referred to County Counsel
25. DEFERRED report on tenant relocation issues to January
25,2000 as recommended by the County Administrative
Officer
26. ACCEPTED AND FILED audit report on District Attorney's
Special Fund for fiscal year ended June 30, 1999, as
recommended by the Auditor-Controller
27. DECLARED various items to be surplus to County needs
and directed the Director of General Services to
arrange for their disposition, as recommended by the
Director of General Services
28. APPROVED independent contractor agreement with Lynx
Technologies in the amount of $9,250 for upgrading the
County's electronic parcel base map, and authorized
the Assessor to sign the agreement, as recommended by
the County Assessor
29. DEFERRED report on the relocation of South County
Offices to January 25, 2000, as recommended by the
County Administrative Officer
30. APPROVED appointment of Suzanne Koebler to the Long
Term Care Interagency Commission, as an at-large
representative of a County agency responsible for
administering health programs for senior citizens, for
a term to expire April 1, 2000, as recommended by
Chairperson Almquist
31. ACCEPTED notification of at-large vacancy on the Long
Term Care Interagency Commission, for a representative
in the category of "functionally impaired adult age
18-55," with nominations for appointment to be
received on January 11, 2000, and final appointment to
be made January 25, 2000, as recommended by
Chairperson Almquist
32. APPROVED appointment of Vicki Dyas to the Women's
Commission for a term to expire April 1, 2001, as
recommended by Supervisor Almquist
33. APPROVED appointment of Linda Mower to the Human
Services Commission for a term to expire April 1,
2003, as recommended by Supervisor Campos
34. APPROVED amended bylaws of the Agricultural Policy
Advisory Commission to reflect the Commission's
regular meeting date as the third Thursday of the
month, as recommended by Chairperson Almquist
35. DEFERRED the Health Services Agency and Human
Resources Agency report on adolescent voluntary
treatment program to December 14, 1999, as recommended
by the Health Services Agency Administrator
36. AUTHORIZED the Health Services Agency Alcohol and Drug
Program to submit a proposal to the Federal Bureau of
Justice Assistance for $150,000 for an 18-month period
to support enhancement of the Drug Court program for
persons with dual diagnosis of drug abuse and mental
illness, as recommended by the Health Services Agency
Administrator
37. APPROVED request to advance one employee in the class
of Medical Director, Health Services Agency Clinics
from step 6 to step 7, effective December 11, 1999 to
eliminate an inequity as provided in Section 161 of
the Personnel Regulations, as recommended by the
Health Services Agency Administrator
38. APPROVED agreement with Los Angeles County concerning
referrals of TB patients who are under legal detention
orders to the High Desert Hospital/Antelope Valley
Rehabilitation Centers, as recommended by the Health
Services Agency Administrator
39. APPROVED agreements with David Garske, Tony Van
Wolferen and Robert Hays for information systems
technical assistance, effective October 18, 1999, and
authorized the Health Services Agency Administrator to
sign the agreements, as recommended by the Health
Services Agency Administrator
40. 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
41. APPROVED the Cooperative Agreement with the California
Department of Education accepting job training funds
and matching monies in the amount of $54,040 for the
provision of various employment and training services
through Job Training Partnership Act CareerWorks; and
authorized the Chair to sign this document, as
recommended by the Human Resources Agency
Administrator
42. ADOPTED RESOLUTION NO.470-99 accepting and
appropriating unanticipated revenue in the amount of
$777,440 for job training services, as recommended by
the Human Resources Agency Administrator
43. ACCEPTED AND FILED continued report on the Intrastate
Funding formula allocation to the local area Agency on
Aging, with an additional direction to return on
February 1, 2000 with a report on whether the County
is getting a fair share of state monies and verify
that the figures are correct
44. SEE ITEM NO. 76.2, REGULAR AGENDA
45. APPROVED proposed revisions to the Harper Street Plan
Line to preserve existing trees; and directed Public
Works staff to include the revised plan line in the
Master Plan Line file, as recommended by the Director
of Public Works
46. APPROVED independent contractor agreement with Modern
Business Computing, Incorporated, in the not-to-exceed
amount of $14,040 for modification and supply of
vehicle maintenance record keeping software; and
authorized the Director of Public Works to sign the
agreement, as recommended by the Director of Public
Works
47. ADOPTED RESOLUTION NO. 471-99 accepting unanticipated
revenue into the 1999/00 fiscal year in the amount of
$20,750 from the Natural Resources Conservation
Service; and adopted RESOLUTION NO. 472-99 accepting
unanticipated revenue in the amount of $62,406.15 from
the property owners and the City of Santa Cruz, as
recommended by the Director of Public Works
48. ACCEPTED AND FILED report on the addition of corner
bulbouts and landscaping to the Thirtieth Avenue Plan
Line between East Cliff Drive and Scriver Street, as
recommended by the Director of Public Works
49. APPROVED amendment to agreement with D&M Consulting
Engineers, Incorporated, for the Roy Wilson Yard
groundwater monitoring well relocation; and authorized
the Director of Public Works to sign the agreement, as
recommended by the Director of Public Works
50. SEE ITEM NO. 72.1, REGULAR AGENDA
51. APPROVED use of $1,000 in savings from the purchase of
a flail mower to purchase three rear bumper deer
hoists, as recommended by the Director of Public Works
52. ADOPTED RESOLUTION NO. 473-99 accepting Parcel "E"
along the northwest side of El Dorado Avenue into the
County Maintained Road System, as recommended by the
Director of Public Works
53. APPROVED independent contractor agreement with the
County Office of Education in the amount of $63,243
for the Public Schools Resource Conservation Program;
and authorized the Director of Public Works to sign
the agreement, as recommended by the Director of
Public Works
54. APPROVED independent contractor agreement with Staub
Forestry and Environmental Service in a not-to-exceed
amount of $15,000 for timber evaluations for
environmental permit processing for the Graham Hill
Road Improvement Project; and authorized the Director
of Public Works to sign the agreement, as recommended
by the Director of Public Works
55. AUTHORIZED the Director of Public Works to make a
partial release of the Faithful Performance Security
submitted for Tract 1417, Casa Bianchi, as recommended
by the Director of Public Works
56. SEE ITEM NO. 79.2, REGULAR AGENDA
57. ADOPTED RESOLUTION NO. 474-99 authorizing an agreement
with the State of California to accept federal funding
for construction engineering and construction of the
Soquel Drive Bridge and Aptos Overhead Bridge;
approved program supplement in the amount of $175,484;
authorized the Director of Public Works to sign the
agreement; and approved related actions, as
recommended by the Director of Public Works
58. SEE ITEM NO. 76.3, REGULAR AGENDA
59. SEE TIME NO. 76.1, REGULAR AGENDA
60. As the Board of Directors of the Heartwood Hill
Geologic Hazard Abatement District, AUTHORIZED the
Planning Director to take various actions to complete
acquisition of APN: 086-082-45 (400 Heartwood Hill)
and APN: 086-082-46 (380 Heartwood Hill) and to
demolish structures on the property under the
Landslide Hazard Mitigation Grant Program, as
recommended by the Planning Director
61. As the Board of Directors of the Mid County Geologic
Hazard Abatement District, AUTHORIZED the Planning
Director to take various actions to complete
acquisition of APN's: 089-391-21 (1932 Hidden
Springs), 041-091-17 (226 Hayward Drive), 087-111-01
and 02 (18704 Highway 9) and 105-391-43 (2470 Fern
Flat Road) and to demolish structures on the
properties under the Landslide Hazard Mitigation Grant
Program, as recommended by the Planning Director
62. As the Board of Directors of the Corralitos Hazard
Abatement District, AUTHORIZED the Planning Director
to take various actions to complete acquisition of
APN: 049-022-08 (609 White Road) and to demolish
structures on the property under the Landslide
Mitigation Grant Program, as recommended by the
Planning Director
63. SEE ITEM NO. 79.3, REGULAR AGENDA
64. APPROVED agreement with Thacher and Thompson,
Architects, in the amount of $24,800, to prepare
construction documents and perform contract
administration services for the Santa Cruz Veterans
Memorial Building; and authorized the Director of
Parks, Open Space and Cultural to sign the agreement
on behalf of the County, as recommended by the
Director of Parks, Open Space and Cultural Services
65. ADOPTED RESOLUTION NO. 475-99 authorizing submission
of a grant application to the State Environmental
Enhancement Mitigation Grant Program for constructing
State Highway 9 turn lane improvements for Highlands
Park, a new northbound transit bus stop and associated
pathway, and for remodeling existing Highlands park
restroom building facility, as recommended by the
Director of Parks, Open Space and Cultural Services
66. APPROVED the amended license agreement with the
Children's Center of the San Lorenzo Valley and
authorized the Parks Director to sign the agreement,
as recommended by the Director of Parks, Open Space
and Cultural Services
67. ACCEPTED AND FILED report on the Pinto Lake County
Park Farming Lease, as recommended by the Director of
Parks, Open Space and Cultural Services
68. APPROVED various agreements between the County,
Dividend Homes and the Seascape Uplands Homeowners
Association establishing access and other easements;
and adopted RESOLUTION NO. 476-99 accepting offer of
dedication, as recommended by the Redevelopment Agency
Administrator
69. APPROVED the addition of two staff positions in the
Redevelopment Agency and Public Works Department to
implement projects of the Redevelopment Agency, as
recommended by the Redevelopment Agency Administrator
70. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED contract with Sanders
and Associates Structural Engineers in the amount of
$23,400 for an East Cliff Drive Cliff Stabilization
Project Feasibility Study, as recommended by the
Redevelopment Agency Administrator
71. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment
Agency Administrator to negotiate and sign a six month
extension of the lease with the Sheriff for the Live
Oak Community Service Center, as recommended by the
Redevelopment Agency Administrator
72. 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.: M & G Construction v. Freedom County
Sanitation District (S.F. Superior Court No. 300136);
Salinas v. County (WCAB No. SAL 75986, 72502); Bazar
v. County of Santa Cruz (Santa Cruz Superior Court
Case No. 134334 and 137070; Buena Vista Community
Association v. County (Santa Cruz Superior Court Case
No. 134742); Big Creek Lumber Company v. County (Santa
Cruz Superior Court Case No. 134816)
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.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: County Administrative Officer
Public Works Director
REPORT OF COUNTY COUNSEL - The Board of Supervisors
authorized an appeal of the decision on attorneys fees
and costs in the case of Buena Vista Community
Association v. County of Santa Cruz (Superior Court
Case No. 134742) (BSWCA); The Board of Supervisors
approved filing of a petition for further review with
the California Court of Appeals in the case of
Salinas v. County of Santa Cruz (WCAB No. 75986 and
72502) (BSWCA)
REGULAR AGENDA
72.1 AUTHORIZED the Director of Public Works to sign the
subdivision agreement for Little Creek Road at Soquel-
San Jose Road minor land division, as recommended by
the Director of Public Works
BWSCA
73. Public hearing held to consider adoption of a
resolution amending the Unified Fee Schedule;
closed public hearing; adopted RESOLUTION NO. 477-99
Revising the Unified Fee Schedule
WBSCA
74. 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
75. CONTINUED public hearing to establish the Year 2000
Growth Goal;
closed public hearing; adopted RESOLUTION NO. 478-99
Adopting Annual Population Growth Goals for 2000;
certified the Notice of Exemption; and directed
Planning staff to report to the Board if any year 2000
allocation category is approaching depletion
WBScA
76. CONSIDERED adoption of a resolution requesting the
deletion of California Sea Lions and Pacific Harbor
Seals from the Marine Mammal Protection Act;
motion made to adopt resolution excluding the last
paragraph which is the language that says we would
concur with the conclusions and endorse the report to
Congress and seek the deletion of the species from the
Marine Mammal Protection Act and include the preceding
paragraph which request additional studies by the
National Marine Fisheries Service (NMFS) and Fish and
Game on the interaction between the sea lions and the
anagrams fish population;
amended the main motion to refer this matter back to
the Fish and Game Commission and request that they
hold a public hearing on the adoption of this
resolution at their February 2000 meeting and report
back to the Board in March 2000 with the results of
the public hearing
ACBSw
76.1 ACCEPTED AND FILED report regarding the keeping of
policy interpretations; with the additional direction
that each Board Member be provided with a copy of the
interpretations manual as it now exists and that the
report back date of June 13, 2000 be changed to May
23, 2000
WBSCA
76.2 ACCEPTED AND FILED report on Pajaro River Four-County
Basin Study; directed the Chairperson and the Board's
liaison on this matter to send a letter thanking the
officials and staff of the other seven agencies, as
well as participating cities, for their participation
in this effort and include suggestion that a mediator
be brought in to assist us in the resolution of the
remaining issues, with the cost to be shared equally
by the parties and that we take every action possible
to expedite AB807
CABSW
76.3 ACCEPTED AND FILED progress report on Soquel Creek
Water District issues; and directed the Planning
Department to return on or before June 13, 2000 with a
status report, as recommended by the Planning Director
ABSWC
77. RECEIVED bids regarding 1020 Emeline Heating,
Ventilation and Air Conditioning Repair and referred
to General Services to return with a recommendation on
or before January 11, 2000
WBSCA
78. Public hearing held to consider revised language for
Condition II.A. for Application No. 98-0569, a
proposal to rezone APN: 086-011-04 from the Special
Use (SU) zone district to the Timber Production (TP)
zone district and amend paragraph A. of Section IV of
4554 to incorporate the revised condition language.
The property is located on the northeast side of China
Grade Road approximately six miles up China Grade
northwest from the intersection of China Grade and
Highway 236 north of Big Basin State Park; Application
No.: 98-0569; APN: 086-011-04; Applicant: Hamilton-
Swift; Owner: Redtree Properties;
closed public hearing; approved recommendations based
on the analysis by County Counsel that;
(1) approved the revised language for Condition II.A. for
Zoning Approval 98-0569;
(2) and adopted ORDINANCE NO. 4574 amending Paragraph A.
of Section IV of Ordinance 4554
BSWCA
79. Public hearing held to consider a proposal to rezone
APN's: 057-071-12, 15, 057-081-45 and 54 to the
Timber Production (TP) zone district. The property is
located at Rancho del Oso, about 2 miles northeast on
a private, unnamed right-of-way from Highway 1 and
about 1 mile south from the intersection of Highway 1
and the entrance to Big Basin State Park; Application
No. 99-0141; APN's: 057-071-12, 15, 057-081-45 and
54; Applicant: Robert Briggs; Owner: Rancho del Oso
Operating Company;
closed public hearing; approved recommendations based
on the Findings and Conditions that:
(1) approved the determination that the project is
statutorily exempt from the California Environmental
Quality Act (CEQA);
(2) adopted ORDINANCE NO. 4575 amending Chapter 13.10 of
the Santa Cruz County Code that Conditionally Rezones
APNs 057-071-12, 15 from the Parks, Recreation and
Open Space ("PR") zone district, 057-081-45 from the
Special Use ("SU") zone district and 057-081-54 from
the Commercial Agricultural ("CA") zone district to
the Timber Production ("TP") zone district;
(3) and directed the Planning Department to update the
General Plan Timber Resources Map to include the area
within the boundaries of APN's 057-071-12, 15 and 057-
081-54 as Timber Resources
WBSCA
79.1 CONSIDERED recommendations of Supervisor Beautz
regarding Fairway Drive Speed Bumps;
authorized Public Works to request Earthworks to delay
installing the Fairway Drive speed bumps until further
notified; scheduled this item for the December 14,k
1999, Board meeting for a recommendation as to whether
this project meets the Board"s specified voting
criteria and should thus proceed as planned; with an
additional direction to return on January 2000 with an
outline of our current process for this kind of
assesment district to give the Board an opportunity to
discuss and make changes if it seems appropriate
BSWCA
79.2 ACCEPTED low bid of BDS Construction, Incorporated, in
the amount of $219,830 for Sidewalk Access Ramps 1999;
authorized the award of contract; and authorized the
Director of Public Works to sign the contract, as
recommended by the Director of Public Works
BWSCA
79.3 DIRECTED the Parks Director to work with the Santa
Cruz Gardens Elementary School and the Soquel School
District to enter into a joint powers agreement which
would provide up to 50% of the funding for the
construction of a 200-meter track at the Santa Cruz
Gardens Elementary School; authorized the Director of
Parks to sign the Joint Powers Agreement on behalf of
the Board; adopted RESOLUTION NO. 479-99, as amended,
accepting unanticipated revenue in the amount of
$15,000 for the Soquel Park Dedication District; and
directed the Parks Department to report back upon
completion of the new 200-meter track
BWSCA
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 11, 2000