PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 98, NUMBER 31
DECEMBER 8, 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. Supervisor Wormhoudt present only for Closed
Litigation, 69.1, 69.3 and 69.4
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
ARS/W/B
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of November 24, 1998, as recommended
by the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of November 23,
1998 through December 4, 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. DEFERRED report on Golden Torch Trailer Park until
December 15, 1998, as recommended by the County
Administrative Officer
10. DENIED application to file late claim on behalf of
William Lawrence No. 899-051 and referred to County
Counsel
11. DENIED claim of Armando Villalobos Farfan, Jr., No.
899-059 and referred to County Counsel
12. DENIED claim of Kathleen Erin Kelley No. 899-060 and
referred to County Counsel
13. DENIED claim of Pacific Bell No. 899-062 and referred
to County Counsel
14. DENIED claim of Benjamin Tumbaga No. 899-063 and
referred to County Counsel
15. DENIED claim of Nancy Clark No. 899-065 and referred
to County Counsel
16. DENIED claim of Edward Chavez No. 899-067 and referred
to County Counsel
17. DENIED claim of Ed Chavez No. 899-067, amended, and
referred to County Counsel
18. DENIED claim of Margie Campos No. 899-068 and referred
to County Counsel
19. ACCEPTED the Statement of Vote for the November 3,
1998 Consolidated General Election, as recommended by
the County Clerk
20. APPROVED plans and specifications for the replacement
of Automatic Doors at 701 Ocean Street and 1080
Emeline Street; set bid opening for Tuesday, January
12, 1999 at 10:45 a.m.; and approved related actions,
as recommended by the Director of General Services
21. ADOPTED RESOLUTION NO. 442-98 accepting and
appropriating unanticipated revenue from the State
Board of Corrections for Juvenile Crime Enforcement
and Accountability Challenge Grant (Planning Grant)
Program, as recommended by the Chief Probation Officer
22. ACCEPTED AND FILED report on the State-County Tax
Administration Program; adopted RESOLUTION NO. 443-98
accepting and appropriating unanticipated revenue in
the amount of $75,421; and approved independent
services contract with Appleby and Company,
Incorporated, in the amount of $42,921 to provide an
electronic document system, as recommended by the
Assessor
23. APPROVED Proposition 172 Maintenance of Effort
calculation for 1998/99 and directed the County
Administrative Office to sign and forward the 1998/99
certification to the Auditor-Controller, as
recommended by the County Administrative Officer
24. ADOPTED RESOLUTION NO. 444-98 amending salary
Resolution No. 279-75 to implement various salary,
classification and title change actions, as
recommended by the Personnel Director
25. ACCEPTED notification of two vacancies on the Board of
Law Library Trustees, with nominations for appointment
to be received on January 12, 1999, and final
appointments to be made January 26, 1999, as
recommended by Chairperson Beautz
26. ITEM DELETED
27. APPROVED appointment of Ruth De Pue to the Mobilehome
Commission for a term to expire April 1, 2001, as
recommended by Supervisor Almquist
28. ACCEPTED nomination of Michelle Hinkle and Michael W.
Keogh for reappointment as at-large representatives to
the Santa Cruz Metropolitan Transit District Board of
Directors, for terms to expire December 31, 2002, with
final appointment to be made December 15, 1998, as
recommended by Supervisor Almquist
29. DIRECTED the Department of Public Works to allocate
and expend the time and staff commitment necessary to
apply for possible funding sources for improvements to
the Highway 9 corridor identified in the Ben Lomond
Town Plan; and approved related actions, as
recommended by Supervisor Almquist
30. ADOPTED RESOLUTION NO. 445-98 Denying Without
Prejudice the Application of Charter Communications
Inc., Kelso Investment Associates, V. LP and its
Affiliates, Charter House Group International
(collectively "Charter") for a Transfer of Control to
Paul G. Allen of the Franchise Granted by the County
and Setting Forth the Grounds and Reasons Therefor;
and authorized the County Administrative Officer and
Special Counsel to take such actions as are necessary
to protect subscribers from an unauthorized transfer
of the franchise granted to Charter Communications on
May 19, 1998 during the Board of Supervisors holiday
recess, as recommended by the County Administrative
Officer
31. APPROVED modifications to County Procedures Manual, as
recommended by the County Administrative Officer
32. APPROVED revised submittal to the Santa Cruz Regional
Transportation Commission for the County's
Applications for STP/CMAQ Funding; adopted RESOLUTION
NO. 446-98 amending Resolution No. 402-98 approving
applications certifying local funding share and
recommended priority for submittal to the Surface
Transportation Program and Congestion Mitigation and
Air Quality Improvement Program Project, as
recommended by the County Administrative Officer
33. SEE ITEM NO. 69.1, REGULAR AGENDA
34. SEE ITEM NO. 69.4, REGULAR AGENDA
35. ACCEPTED report and directed General Services to
return on or before January 12, 1999, with
recommendations on a contract for design services for
construction of a replacement facility for Court
Modular Buildings, as recommended by the Director of
General Services
36. APPROVED submittal to the State of $11,214 PATH Grant
and $71,261 Block Grant application for services to
the mentally ill; and directed the Clerk of the Board
to take related actions, as recommended by the Health
Services Agency Administrator
37. APPROVED amendment to agreement between the State of
California and the County of Santa Cruz for the
jointly funded State Route 1 and State Park Drive
Signalization and Safety Lighting Project; approved
transfer of funds in the amount of $9,000 from County
Service Area 9, Freedom Boulevard and Corralitos
Boulevard Signalization Project to County Service Area
9, State Route 1 and State Park Drive Signalization
and Safety Lighting Project; adopted RESOLUTION NO.
447-98 authorizing the execution of the Amendment to
Agreement; and directed the Clerk of the Board to take
related actions, as recommended by the Director of
Public Works
38. AUTHORIZED the addition of 16 street lights installed
at Tract 1334, Diamond Estates, to the inventory of
the Residential Lighting District, County Service Area
No. 9, and approved related actions, as recommended by
the Director of Public Works
39. ACCEPTED improvements and approved final cost for
Soquel Drive Storm Damage Repair Project and directed
the Clerk of the Board to file the Notice of
Completion, as recommended by the Director of Public
Works
40. ADOPTED RESOLUTION NO. 448-98 authorizing the
Chairperson to sign an agreement for Federal
Apportionment Program for 1997/98 Exchange and State
Match Programs in the total of $367,914; and approved
related actions, as recommended by the Director of
Public Works
41. ADOPTED RESOLUTION NO. 449-98 accepting unanticipated
revenue in the amount of $20,000 from the Aptos
Roadside Improvement Fund for reconstruction of curb,
gutter and sidewalk on Soquel Drive at Twin Palms
Drive, as recommended by the Director of Public Works
42. APPROVED amendment to the Independent Contractor
Agreement No. 71653 with Anderson Pacific Engineering
by increasing the not-to-exceed amount to $265,565 for
the San Andreas Road Repair at Manresa Beach State
Park; and authorized the Director of Public Works to
sign the contract amendment on behalf of the County,
as recommended by the Director of Public Works
43. RATIFIED list of Storm Damage, Road Resurfacing and
Rehabilitation Projects which Public Works has
provided for the Santa Cruz Regional Transportation
Commission for State Augmentation Funding
consideration; directed Public Works to report back on
or before March 2, 1999 on the outcome of funding
submittal, as recommended by the Director of Public
Works
44. AUTHORIZED extension of the Limited Term Accountant
III Position through June 30, 1999, as recommended by
the Director of Public Works
45. ADOPTED RESOLUTION NO. 450-98 accepting and
appropriating unanticipated revenue in the amount of
$20,000; approved a limited term appointment of a
Recreation Coordinator-Teens in the Parks Department,
as recommended by the Director of Parks, Open Space
and Cultural Services
46. ADOPTED RESOLUTION NO. 451-98 authorizing the Cultural
Council of Santa Cruz County to execute the 1999-00
State/Local Partnership Grant Application, as
recommended by the Director of Parks, Open Space and
Cultural Services
47. APPROVED the 1998/99 Public Art Plan as presented by
the Arts Commission, as recommended by the Director of
Parks, Open Space and Cultural Services
48. SEE ITEM NO. 61.1, REGULAR AGENDA
49. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, AWARDED contract to Henry Van
Siclen Construction in the amount of $28,605 for the
1985A Chanticleer Avenue Renovation Project; and
approved related actions, as recommended by the
Director of General Services and the Redevelopment
Agency Administrator
50. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED agreement with Mercy
Housing California in the amount of $67,407.50 for
work related to McIntosh Mobile Home Park; and
approved related actions, as recommended by the
Redevelopment Agency Administrator
51. 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.: Arreola v. County of Monterey et al.
(Monterey Superior Court Case No. 105661); Bazar v.
County of Santa Cruz (Santa Cruz Superior Court Case
No. 134334); Rhodes and Kesling, Inc. v. Redevelopment
Agency of the County of Santa Cruz (Superior Court
Case No. 134712); CAT Partnership, et al. v. County of
Santa Cruz, (Santa Cruz Superior Court Appellate No.
H016374); Group W Cable, Inc. v. City of Santa Cruz
and County of Santa Cruz, (U. S. District Court No. C-
84-7546)
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.
Initiation of litigation was considered pursuant to
subdivision (c) of Government Code Section 54956.9 for
one potential case
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
Employee organization: All Employee Organizations
REPORT OF COUNTY COUNSEL - No report given
51.1 APPROVED purchase of an air compressor in the amount
of $3,500 for the Brommer Maintenance Yard, as
recommended by the Director of Public Works
51.2 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 8,
APPROVED Contract Change Order No. 1 in the amount of
$17,000 for the San Lorenzo River at Spring Creek
Streambank Protection Project; authorized the District
Engineer to sign the Change Order; adopted RESOLUTION
NO. 452-98 accepting unanticipated revenue from
Natural Resources Conservation Services in the amount
of $73,743; adopted RESOLUTION NO. 453-98 accepting
unanticipated revenue from State Office of Emergency
Services in the amount of $34,656; approved transfer
of funds in the amount of $12,763; and approved
related actions, as recommended by the District
Engineer
REGULAR AGENDA
52. CONTINUED Public hearing to establish the 1999 Growth
Goal; closed public hearing; adopted RESOLUTION NO.
454-98, as amended, to adopt the 1999 Growth Goal of
.75% for 1999; and certified the Environmental
Determination with an additional directive to permit
carryovers only for the year of 1999; and that
affordable units will get a preference in having
permits allocated to them if a permit is available
before a market rate permit
ABS/W/r
53. CONTINUED TO DECEMBER 15, 1998 consideration of the
recommendation of the Agricultural Advisory Commission
and additional reports from County Counsel and
Planning Department regarding a proposed Right-to-Farm
Ordinance
RAS/W/B
54. Jurisdictional hearing held to consider the Planning
Commission's decision to grant a variance to floor
area ratio regulations in association with Coastal
Zone Permit No. 97-0622; a proposal to demolish an
existing garage and to construct a two-story, single-
family dwelling with a garage below constituting a
three-story dwelling on property located at 413 Beach
Drive, Aptos; Application No. 997-0622; APN: 043-105-
07; Owner: Norma Odenwaller; Applicant: Tracy Robert
Johnson;
approved recommendations in letter of Planning
Director dated November 18, 1998 to deny jurisdiction
of this appeal of Coastal Development Permit No. 97-
0622, based on the fact that the appellant has not
established sufficient grounds for the Board to take
jurisdiction for further review
AS/W/RB
55. CONSIDERED the Auditor-Controller's Office Quarterly
Financial Update for First Fiscal Quarter 1998-99;
accepted and filed the Auditor-Controller's Quarterly
Financial Update
RAS/W/B
56. CONTINUED TO DECEMBER 15, 1998 consideration of the
report on the status of the Care of Court Wards budget
ARS/W/B
57. SEE ITEM NO. 69.3, REGULAR AGENDA
58. CONTINUED public hearing to consider proposed General
Plan/LCP amendments and Ordinance amendments regarding
residential nonconforming uses and general
nonconforming use provisions;
adopted RESOLUTION NO.455-98 amending the County of
Santa Cruz Local Coastal Program Implementation
Program; adopted ORDINANCE 4525, as amended, amending
various sections of the Santa Cruz County Code;
certified the Environmental Determination; and
directed Planning staff to submit ordinance amendments
to the California Coastal Commission for certification
as part of the next round of 1998; with additional
directive to add language to Section 2.12.3,
Residential Uses in Commercial Designations, of the
General Plan/LCP to read: "limit residential uses to
densities which allow good site design that meets the
standards of Chapter 13.11 of the County Code..."; and
further directed to add language to Section 13.10.260
(b) 6 Reconstruction, and Section 13.10.700-R,
Reconstruction, of the Ordinance that reads: "The
Planning Director may require that a termite
inspector, registered engineer or other
professional(s) acceptable to the Planning Director be
retained at the applicant's expense to certify that
portions of the structure, which the plans show as
proposed not to be structurally repaired or altered
are in fact structurally sound and that it will not be
necessary to repair or alter such portions of the
structure during the course of construction
ARS/W/B
59. ITEM DELETED
60. SEE ITEM NO. 69.2, REGULAR AGENDA
61. RESCHEDULED to January 12, 1999 at 10:45 a.m. bid
opening to provide, install and connect 2,000 gallon
three-compartment Kitchen Grease Interceptor for the
County of Santa Cruz Residential Care Facility located
at 126 Front Street, Santa Cruz
SA/W/RB
61.1 CONSIDERED report regarding the property located at
the corner of McGregor and Sea Ridge Drives;
(1) deferred to January 26, 1999 consideration of report
regarding the property located at the corner of
McGregor and Sea Ridge Drives;
(2) reconsidered item;
(3) continued to December 15, 1998 consideration of report
regarding the property located at the corner of
McGregor and Sea Ridge Drives;
(1) AS/W/RB
(2) SB/W/RA
(3) AS/W/RB
62. Public hearing held to consider a proposal to enter
various parcels in the Bonny Doon and North Coast
planning areas into Williamson Act Contracts. The
properties are located adjacent to both sides of State
Route One beginning at Laguna Creek extending north of
Molino Creek to a pumping station, but excluding the
RMC Lone Star cement plant and the community of
Davenport. Application No. 98-0605. Applicant: The
Trust for Public Land; Owner: Coast Dairies and
Land, Co.;
closed public hearing; recognized that the subject
properties meet the Williamson Act criteria for prime
agricultural land; approved the determination that the
project is Categorically Exempt from the California
Environmental Quality Act; approved Application No.
98-0605, to enter the subject properties into
Williamson Act Contracts; and directed the Chairperson
of the Board of Supervisors to sign the Land
Conservation Contract, as amended
RAS/W/B
63. Public hearing held to consider the proposal to rezone
Assessor's Parcel Number 086-041-46 from Residential
Agriculture zone district to the Timber Production
zone district. Requires a rezoning. The property is
located on the south side of Foxglove Lane (1425
Foxglove Lane) about 1 and 1/4 miles west of the
intersection of Foxglove Lane and China Grade Road.
Application No.: 98-0227; APN: 086-041-46; Owner and
Applicant: Rochelle (Armbrust) Kelly;
closed public hearing; approved the determination that
the project is statutorily exempt from the California
Environmental Quality Act; and adopted ORDINANCE NO.
4526 amending Chapter 13.10 of the Santa Cruz County
Code changing property from one zone district to
another
ARS/W/B
64. Public hearing held to consider a proposal to demolish
43 barrack-style farm labor housing units and to
construct 43 replacement farm labor housing units,
including the demolition of incidental laundry/storage
multipurpose meeting rooms to be replaced with new
community building with office and managers quarters,
construction of a 36 foot high water storage tank,
encroachment into the Agricultural Buffer, and
encroachment into a Riparian Buffer and Agricultural
Buffer Setback. Requires an Amendment to Use Permit
No. 2342-U, a Residential Development Permit, a
Coastal Zone Permit, and preliminary Grading Approval.
Property located on the southwest side of San Andreas
Road (295 San Andreas Road), about 1 mile northwest of
Beach Drive. Receiver: John Richardson; Applicant:
Mid-Peninsula Housing Coalition; APN: 052-191-06;
closed public hearing; approved the determination that
the project is categorically exempt from the
California Environmental Quality Act; and approved
Application No. 98-0722 based on the Findings and
subject to the Conditions of Approval; with additional
direction to have the applicant apply for a Riparian
Variance for the removal of vegetation; allow a metal
fence on the north side of the property until some
future time that there is chemical use on the adjacent
property; and require a bus stop shelter to meet the
standards of the School District, with the condition
that if Transit bus service is provided in the future,
the bus stop shelter will meet the requirements of the
Transit District
SR/W/AB
65. CONTINUED TO DECEMBER 15, 1998 consideration of report
on Latino Equity
AS/W/RB
66. CONSIDERED an urgency ordinance adding Chapter 2.45 to
the Santa Cruz County Code relating to the
establishment of the Children's and Families First
Commission as provided for in State Proposition 10,
the California Children's and Families First Act of
1998, and taking related actions;
(1) read title and waived detailed reading of complete
ordinance;
(2) approved ordinance "in concept" to return December 15,
1998 for final adoption; directed the Auditor-
Controller to establish and maintain the Children and
Families First Trust fund to receive funds pursuant to
the Proposition 10 Initiative; directed the Health
Services Agency Administrator to report back to the
Board on January 26, 1999 with recommendations
concerning the County's representation and the overall
composition of the 5-member Commission, to initiate
the application and appointment process for the
Commission, and to provide any further updates on the
implementation of the California Children and Families
First Act; and accepted and filed the report
(1) RS/W/AB
(2) RS/W/AB
67. CONSIDERED report concerning Santa Cruz County Health
Options and wheelchair repair procedures, and taking
related actions;
accepted and filed report; with an additional
directive that the Health Services Agency return
February 2, 1999 with a progress report regarding
achievements made by the Managed Medical Care
Commission and Santa Cruz County Health Options with
local wheelchair vendors
RS/W/AB
68. CONSIDERED report on High Risk Adolescent Drug
Treatment Services and resolution accepting and
appropriating a total of $69,220 in unanticipated
revenue from State funds to support high risk
adolescent drug treatment services and taking related
actions, and direct the Health Services Agency
Administrator to report back on January 26, 1999 with
a status report and program update;
accepted and filed report; adopted RESOLUTION NO. 456-
98 accepting and appropriating a total of $69,220 in
unanticipated revenue from State funds to support high
risk adolescent drug treatment services; and directed
the Task Force to continue its work and develop budget
recommendations for the other services not addressed
in these recommendations for fiscal year 1999-2000 and
provide an update on implementation of services funded
in this report on January 26, 1999
RS/W/AB
69. CONTINUED TO DECEMBER 15, 1998 consideration of an
ordinance prohibiting Timber Harvesting within
Riparian Corridors not in the Coastal Zone
AS/W/RB
69.1 APPROVED the 1999 Legislative Program, as amended, and
directed the County Administrative Officer to forward
the program to our State and Federal Representatives
and to our State and Federal Associations for their
consideration
AWSRB (with Supervisor Belgard voting "no" on the
issues of timber harvesting and agricultural land
preservation)
69.2 Public hearing held to consider adoption of a
resolution amending the Unified Fee Schedule;
closed public hearing; adopted RESOLUTION NO. 457-98
revising the Unified Fee Schedule; with additional
directive to the Parks Director to return on January
26, 1999 with definition on the last minute rental
rate regarding the Simpkins Family Swim Center
AS/W/rB (with Supervisor Belgard votes "yes" only on
the amendments of the Sheriff's Office)
69.3 CONSIDERED report regarding Welfare Fraud Special
Investigations Unit;
accepted and filed report; with an additional
directive that the Human Resources Agency return in
February 1999 with a report on fraud programs that the
Human Resources Agency uses other than income match
WASrB
69.4 DEFERRED request of the District Attorney to add one
FTE Attorney Position for the prosecution of public
assistance fraud cases to December 15, 1998; directed
the County Administrative Office to provide a complete
analysis of this mid-year budget request at that time
WASRB
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