PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 98, NUMBER 9
MARCH 24, 1998
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ACTION SUMMARY MINUTES
VOTING KEY: A = Almquist, B = Beautz, R = Belgard;
S = Symons, W = Wormhoudt; first initial indicates maker
of motion, second initial indicates the "second"; upper
case letter = "yes" vote; lower case letter = "no" vote;
() = abstain; // = absent
1. All Supervisors present
Moment of Silence and Pledge of Allegiance
2. Consideration of Late Additions to the Agenda, See
Item No. 71, Consent Agenda
3. Additions and Deletions to Consent Agenda
4. ORAL COMMUNICATIONS - Three 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
WASRB
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of March 10, 1998, as submitted by
the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of March 16, 1998
through March 20, 1998 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. APPROVED appointment of Gail Groves to the Community
Television, Incorporated, Board of Directors, as
recommended by the County Administrative Officer
10. AUTHORIZED the Trial Courts to submit a proposal to
the U.S. Department of Justice for $200,000 per year
for two years to fund drug court treatment services,
as recommended by the Executive Officer of the Trial
Courts
11. DIRECTED the Auditor-Controller and Information
Services Department to take necessary account actions
for implementation of the PC lease program for Board
of Supervisors' computer upgrades, and approved
transfer of funds, as recommended by the Information
Services Director
12. APPROVED the transfer of $6,500 in prior year
encumbrance liquidation savings for the purchase of a
microprinter, as recommended by the Auditor-Controller
13. ACCEPTED AND FILED report on the implementation
activities associated with the Sanctuary Inter-Agency
Task Force Action Plan, adopted RESOLUTION NO. 79-98
accepting unanticipated revenue in the amount of
$38,000, adopted RESOLUTION NO. 80-98 authorizing the
County Administrative Officer to enter into and sign
an agreement with the California Resources Agency, and
approved related actions, including a report back on
or before October 20, 1998 as recommended by the
County Administrative Officer
14. SEE ITEM NO. 77.1, REGULAR AGENDA
15. ACCEPTED AND FILED report and approved implementation
of advanced phone features in the Auditor-Controller's
Office, as recommended by the Auditor-Controller and
the County Administrative Officer
16. DENIED claim of Christopher McDougall No. 798-093 and
referred to County Counsel
17. DENIED claim of Cheryl Annette Gorski No. 798-094 and
referred to County Counsel
18. DENIED claim of Janice Gaylene Rudy No. 798-098 and
referred to County Counsel
19. DENIED claim of David Allen Meyers No. 798-102 and
referred to County Counsel
20. DENIED claim of Robert and Denise Runneals No. 798-103
and referred to County Counsel
21. DENIED claim of Henry Souza, Jr., No. 798-105 and
referred to County Counsel
22. DENIED claim of Ronald James McCormack No. 798-106 and
referred to County Counsel
23. ACCEPTED report of the 1998 winter storms and adopted
RESOLUTION NO. 81-98 confirming the continuation of a
state of emergency for Santa Cruz County, as
recommended by the Deputy Director of Emergency
Services
24. ACCEPTED quote from the CSAC-Excess Insurance
Authority and authorized Risk Management to renew the
County's property insurance policy with the CSAC-
Excess Insurance Authority effective March 1, 1998
with the premium to be paid after the approval of the
1998/99 Liability/Property budget and authorized the
Personnel Director to sign the associated agreement,
as recommended by the Personnel Director
25. APPROVED appointment of Roger W. Stevens to the Long
Term Care Interagency Commission for a term to expire
April 1, 2001, as recommended by Supervisor Beautz
26. APPROVED appointment of Ellen Ortiz to the Local Child
Care Planning Council, for a term of office to be
determined by lot, as recommended by Supervisor Beautz
27. APPROVED appointment of Michael Merrithew to the
Alcohol and Drug Abuse Commission for a term to expire
April 1, 2001, as recommended by Supervisor Almquist
28. APPROVED appointment of Thomas Ferr to the Commission
on Disabilities for a term to expire April 1, 2001, as
recommended by Supervisor Almquist
29. APPROVED appointment of Larry Scroggins to the
Children's Commission for a term to expire April 1,
1999, as recommended by Supervisor Belgard
30. APPROVED appointment of Carol Bowie to the Arts
Commission for a term to expire April 1, 1999, as
recommended by Supervisor Belgard
31. APPROVED appointment of Tobin Keller to the Arts
Commission for a term to expire April 1, 1999, as
recommended by Supervisor Belgard
32. ACCEPTED nomination of Larry Friedman as an at-large
appointee to the Long Term Care Interagency
Commission, in the category of "person who has
demonstrated an interest in alternatives to
institutional long term care," for a term to expire
April 1, 2002, with final appointment to be made April
14, 1998, as recommended by Supervisor Wormhoudt
33. APPROVED appointment of Vic Marani to the Parks and
Recreation Commission for a term to expire April 1,
1999, as recommended by Supervisor Belgard
34. ACCEPTED nomination of Karen Martin for reappointment
as an at-large appointee to the Environmental Health
Appeals Commission, in the category of person with
knowledge of soils and/or groundwater hydrology, for a
term to expire April 1, 2002, with final appointment
to be made April 14, 1998, as recommended by
Chairperson Beautz
35. ACCEPTED nominations of Lenore Wilkerson, Alice
Ritchie, Thom Onan, Vicki West, and Elizabeth Sparks
for reappointment as at-large appointees to the Long
Term Care Interagency Commission, in the categories
indicated, for terms to expire April 1, 2002, with
final appointments to be made April 14, 1998, as
recommended by Chairperson Beautz
36. ACCEPTED nomination of Patty Damron as an at-large
appointee to the North Coast Beaches Advisory
Committee, in the category of North Coast resident or
representative who lives in or owns property in
Davenport Landing or Coast Road residential area, for
a term to expire December 31, 1998, with final
appointment to be made April 14, 1998, as recommended
by Supervisor Wormhoudt
37. APPROVED reappointment of Richard Genge and Gillian
Dowling to the Mental Health Advisory Board for terms
to expire April 1, 2001, as recommended by Supervisor
Beautz
38. APPROVED two Family Support Officer positions to co-
locate at the Human Resources Agency Santa Cruz and
Watsonville offices at no net County cost, as
recommended by the District Attorney
39. ADOPTED RESOLUTION NO. 82-98 amending Salary
Resolution No. 279-75 to establish the class of
Hydrologist and adopted RESOLUTION NO. 83-98 amending
Resolution No. 247-76 to establish an Agricultural
Biologist Aide Supervisory Differential, as
recommended by the Personnel Director
40. ACCEPTED AND FILED report on Needle Exchange Program
and the declaration of a local emergency, as
recommended by the Health Services Agency
Administrator
41. APPROVED agreement with Desert Hills of New Mexico in
the amount of $23,920 for mental health child
placement services, as recommended by the Health
Services Agency Administrator
42. ADOPTED RESOLUTION NO. 84-98 canceling $25,456 of
estimated revenue in the 1997/98 Alcohol and Drug
Program budget to be funded by the cancellation of
prior year encumbrances, as recommended by the Health
Services Agency Administrator
43. DEFERRED report regarding Mental Health Managed Care
and related actions to April 21, 1998, as recommended
by the Health Services Agency Administrator
44. APPROVED agreement with Alameda County to provide HIV
specimen testing, and directed the Clerk of the Board
to take related actions, as recommended by the Health
Services Agency Administrator
45. APPROVED appointment of three individuals to the
Winter Shelter Advisory Committee for a term to end on
June 30, 1999, or until the Committee is dissolved by
resolution of the Board, whichever occurs first, as
recommended by the Human Resources Agency
Administrator
46. ACCEPTED AND FILED report on the $156,000 grant from
the California Endowment and the $50,000 grant from
the Foundation Consortium for the Family Resource
Center Network; approved associated agreements;
adopted RESOLUTION NO. 85-98 accepting unanticipated
revenue in the amount of $24,470; and approved related
actions, as recommended by the Human Resources Agency
Administrator
47. ACCEPTED AND FILED report on Public Guardian
conservatorship fees; approved proposed changes to
fees; and approved related actions, as recommended by
the Human Resources Agency Administrator
48. ADOPTED RESOLUTION NO. 86-98 approving the sale of
utility easement to San Lorenzo Valley Water District;
authorized the Chair to sign the easement; and
directed the Clerk of the Board to take related
actions, as recommended by the Director of Public
Works
49. APPROVED amendment to agreement for household
hazardous waste transportation and disposal with
Philip Services Corporation for an amount not-to-
exceed $92,500; and authorized the Director of Public
Works to sign the agreement, as recommended by the
Director of Public Works
50. ADOPTED RESOLUTION NO. 87-98 of intention to establish
County Service Area No. 56 (Felton Grove); adopted
RESOLUTION NO. 88-98 of intention to authorize and
levy an assessment; scheduled public hearing for
Tuesday, May 19, 1998 for the morning agenda regarding
the establishment and proposed assessment rates for
County Service Area No. 56; and approved related
actions, as recommended by the Director of Public
Works
51. ADOPTED RESOLUTION NO. 89-98 authorizing the
Department of Public Works to submit an application
for the 1998 Bicycle Lane Account/East Cliff Drive
Bicycle and Pedestrian Pathway Project, as recommended
by the Director of Public Works
52. APPROVED transfer of funds from the Road Fund Reserve
to the Department of Public Works Services-Road Money
to repay the State excess advance funds for the 1982
Storms, as recommended by the Director of Public Works
53. AUTHORIZED the installation of a street light on Paul
Minnie Avenue, County Service Area No. 9, Zone A, and
directed the Clerk of the Board to take related
actions, as recommended by the Director of Public
Works
54. AUTHORIZED additional street lighting at intersection
of Capitola Road and El Dorado Avenue, Highway Safety
County Service Area No.9; and directed the Clerk of
the Board to take related actions, as recommended by
the Director of Public Works
55. APPROVED closure of Aldridge Lane and Blake Avenue for
the Second Annual Apple Blossom Run in Corralitos on
Saturday, May 2, 1998, subject to the conditions of
the race permit, as recommended by the Director of
Public Works
56. APPROVED proposed plan line for Seventh Avenue between
Bostwick Lane and Soquel Avenue; and directed Public
Works to include this plan line segment in the Master
Plan Line File, as recommended by the Director of
Public Works
57. ADOPTED RESOLUTION NO. 90-98 approving an agreement
with the State of California Department of Boating and
Waterways to provide funding in the amount of $960,000
for the East Cliff Drive Bluff Restoration Project;
authorized the Chairperson to sign the agreement; and
approved related actions, as recommended by the
Director of Public Works
58. DELETED ITEM
59. ACCEPTED AND FILED report on the Federal Emergency
Management Agency funds, as recommended by the
Director of Public Works
60. ADOPTED RESOLUTION NO. 91-98 for Right-of-Way
Acquisition for the Jose Avenue Sidewalk Infill
Project and approved payment of claim, as recommended
by the Director of Public Works
61. APPROVED agreement between the County and the
Resources Agency of California to provide funding in
the amount of $25,000 for the East Cliff Drive Coastal
Access Project and approved related actions, as
recommended by the Director of Public Works
62. APPROVED closure of a portion of Church Street,
adjacent to the St. Vincent De Paul Church, from
Marine View Avenue North a distance of 300 feet, to
hold the Cinco de Mayo Celebration in Davenport on
Sunday, May 3, 1998, and directed Public Works to
issue the celebration permit, as recommended by the
Director of Public Works
63. APPROVED Contract Change Order No. 1 in the amount of
$12,274 for the Mt. Charlie Road Storm Damage Repair,
as recommended by the Director of Public Works
64. APPROVED closure along Highway 9 and Highway 236 in
Boulder Creek for the Boulder Creek Elementary School
(Home Club) and Redwood Elementary School
(R.U.S.T.L.E.R.S.), to hold a parade on Saturday, May
16, 1998; and adopted RESOLUTION NO. 92-98 requesting
CALTRANS allow the parade to be held, as recommended
by the Director of Public Works
65. SCHEDULED public hearing for the morning agenda on
April 21, 1998 to consider a proposal to amend County
Code Sections 12.12.020, 18.10.131, 18.10.320,
18.10.330 and 18.10.340 to change the length of appeal
periods from ten calendar days to fourteen calendar
days, as recommended by the Planning Director
66. DIRECTED the Planning Department to post notices in
the Assessor's Office, the Recorder's Office, and in
the Planning Department indicating that parcel-based
information regarding the existence of specific
natural hazards may be obtained by phoning the
Planning Department "zoning information" line, in
conformance with recently enacted State law, as
recommended by the Planning Director
67. DEFERRED consideration of an ordinance amending
Chapter 17.10 of the Santa Cruz County Code relating
to Affordable Housing Requirements to April 28, 1998,
as recommended by the Planning Director
68. APPROVED transfer of funds in the amount of $15,000
from the utilities account to the equipment account,
for the purchase of a replacement tractor, as
recommended by the Director of Parks, Open Space and
Cultural Services
69. ACCEPTED AND FILED report regarding a skate facility
at the Polo Grounds, as recommended by the Director of
Parks, Open Space and Cultural Services
70. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED financing totaling
$4,150 for acquiring rights-of-way for the Jose Avenue
Improvement Project; adopted RESOLUTION NO. 93-98
accepting unanticipated revenue in the amount of
$4,150 from the Redevelopment Agency Capital Projects
Bond Proceeds Reserves; and approved related actions,
as recommended by the Redevelopment Agency
Administrator
71. AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY
SCHEDULED a closed personnel and litigation session as
follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
People v. Beilin (Santa Cruz Superior Court Case No.
131766)
Accepted late item for consideration according to
criteria specified, that being that a need to take
action to avoid injury or detriment to the public or
employees arose subsequent to the printed agenda being
posted (RASWA)
Case Name/No.: People v. Letterman, et al.; Letterman
v. Ponza Brothers, et al., (Santa Cruz Superior Court
Case No. 124269 and 128319)
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.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
All employee organizations
REPORT OF COUNTY COUNSEL - The Board of Supervisors
approved settlement agreement in the case of People v.
Letterman, et al.; Letterman v. Ponza Brothers, et
al., (Santa Cruz Superior Court Case Nos. 124269 and
128319) (SWRAB); and approved executing relinquishment
of a deed of trust in the case of People v. Beilin,
(Santa Cruz Superior Court Case No. 131766) (SWRAB)
71.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT - ZONE
8, ADOPTED RESOLUTION NO. 94-98 accepting
unanticipated revenue in the amount of $21,000 for
construction of the Fernwood Avenue Homes Streambank
Protection; adopted RESOLUTION NO. 95-98 accepting
unanticipated revenue in the amount of $391,140 from
the Natural Resources Conservation Service; adopted
RESOLUTION NO. 96-98 accepting unanticipated revenue
in the amount of $83,145 from the State Office of
Emergency Services; and approved transfer of funds, as
recommended by the District Engineer
REGULAR AGENDA
72. CONSIDERED report on Commission schedules;
accepted and filed report on Commission Meetings and
Schedules
RASWB
73. CONSIDERED the annual and administrative report on the
Soquel Village Parking and Business Improvement Area;
closed public hearing; accepted and filed annual
report of the Soquel Village Parking and Business
Improvement Area Advisory Board; adopted RESOLUTION
NO. 97-98 of intention to establish annual parking
maintenance and operation charges for Zone B of the
Soquel Village Parking and Business Improvement Area
for the 1998-1999 Fiscal Year
WASRB
74. Public hearing held to consider a proposal to amend
County Code Sections 12.02.020, 13.10.312, 13.10.322,
13.10.323, 13.10.681 and 13.10.700 to change the term
"Accessory Dwelling Unit" to "Second Unit" and to
correct internal inconsistencies regarding second
units;
(1) closed public hearing; adopted RESOLUTION NO. 98-98
adopting an ordinance amending the County Local
Coastal Program Implementing Ordinances;
(2) read title and waived detailed reading of complete
ordinance and adopted ORDINANCE NO. 4495 Amending
Sections 12.02.020, 13.10.312, 13.10.322, 13.10.323,
13.10.681, 13.10.700 of the County Code to change the
term "Accessory Dwelling Unit" to "Second Unit" and to
correct internal inconsistencies regarding Second
Units; certified the Environmental Determination
Notice of Exemption; and directed Planning Staff to
submit this ordinance amendment to the California
Coastal Commission for certification as part of the
next round of 1998
(1) WASRB
(2) RWSAB (Supervisor Symons votes "no" only on
13.10.681 (E)(1,2,3,4,5,6,7)
75. Public hearing held to consider a proposal to amend
County Code Title 12 (Building Regulations), Title 13
(Zoning Regulations), Title 14 (Subdivision
Regulations), Title 15 (Community Facilities), Title
16 (Environmental and Resource Protection), and Title
18 (Permit and Approval Procedures) to correct errors
and inconsistencies;
(1) closed public hearing; adopted RESOLUTION NO. 99-98
adopting an ordinance amending the County Local
Coastal Program Implementing Ordinances;
(2) read title and waived detail reading of complete
ordinance and adopted ORDINANCE NO. 4496 amending
Santa Cruz County Code Title 12 (Building
Regulations), Title 13 (Zoning Regulations), Title 14
(Subdivision Regulations), Title 15 (Community
Facilities), Title 16 (Environmental and Resource
Protection) and Title 18 (Permit and Approval
Procedures) to correct errors and inconsistencies;
certified the Environmental Determination Notice of
Exemption; and directed Planning Staff to submit this
ordinance amendment to the California Coastal
Commission for certification as part of the next round
of 1998
(1) WASRB
(2) RWSAB
76. Public hearing held to consider amendments to County
Code Chapter 7.38 (Sewage Disposal), approval of
Negative Declaration and related actions;
closed public hearing; approved the negative
declaration and determination that the proposed
amendments of the Local Coastal Program and County
Code will not have a significant impact on the
environment; adopted RESOLUTION NO. 100-98 adopting
amendments to the Santa Cruz County Code Chapter 7.38,
Individual Sewage Disposal Systems; adopted ORDINANCE
NO. 4497 amending Sections of Chapter 7.38, Sewage
Disposal, relating to reutilization of existing
systems, findings of compliance, soils tests, and
other minor amendments; directed Planning staff to
submit these amendments to the California Coastal
Commission as Round No. 1 of the 1998 package; and
directed the Environmental Health Director to develop
policy guidelines for determining occupancy status of
structures
WASrB
77. Presentation made by Jack Mackie on the proposed
vessel fence line for the Simpkins Family Swim Center;
approved the working drawings of the vessel fence line
for the Simpkins Family Swim Center and directed the
fabrication of the actual vessels; approved contract
amendment to change the final number of vessels
produced from 9 to 8 total vessels; and authorized the
Director of Parks Department to sign the amendment on
behalf of the County
RASWB
77.1 ACCEPTED AND FILED report on Year 2000 compliance
project, approved end-of-lease procedures for the PC
Replacement Program, authorized expenditure of $10,369
from the Information Services budget for the purchase
of equipment to place agenda materials on the web site
and approved related actions, with additional
directive
WASRB
78. CONSIDERED report on 1998/99 Animal Control Services
Contract;
accepted and filed report on the status of animal
control services; adopted RESOLUTION NO. 101-98
adopting the provisions of California Penal Code
Section 597.1 relating to the care for animals and
declaring that Penal Code Section 597f shall not be
operative; directed the County Administrative Officer
to include the SPCA's request for a three percent
increase in the development of the CAO's Proposed
Budget, and directed the County Administrative Officer
to return on May 19, 1998, with a recommended contract
for the Board's consideration, as amended, with an
additional directive to County Administrative Office
to submit in writing the rule for interpreting Penal
Code 597.1 (A) to distinguish between the County
Ordinance regarding animal at-large; clarify the
policy for responding to calls in beach areas; clarify
physically fit animal; and request Netcom to submit a
memorandum explaining procedure for handling animal
complaint calls during off-hours
WASRB
79. Public hearing held for special consideration of the
Planning Commission's denial of an appeal of the
Zoning Administrator's decision on a proposal to
recognize the conversion of a 12,000 square foot barn
for use as a Home Occupation. Applicant: Richard
Beale, Land Use Planning, Incorporated; Applicant:
Peter and Esther Fryn, Application No. 94-007, APN:
109-201-21;
closed public hearing; directed Planning staff to take
the necessary steps to remove the Agricultural
Resources designation from APN 109-201-21, Application
No. 94-007; and directed Planning staff to suspend
enforcement activities regarding this project at the
present time and further review the Agricultural
Services establishment regulations to make the
necessary ordinance amendments to allow the broadening
of locations where these uses may be located and
perhaps include it in the 1998/99 Work Program
RASwb
80. CONSIDERED actions regarding timber harvest policies
in Special Use Zones;
The Board took action to state that its interpretation
of Special Use (SU) zoning is that it requires a Level
5 hearing for logging unless the parcel has a timber
overlay; directed that public hearings will focus only
on whether the parcel meets the criteria for timber
overlay and should receive that designation;
directed the Planning Department to return on April
14, 1998 with clear criteria for determining whether
Special Use (SU) parcels meet timber overlay
standards. The criteria will address the issue of
timber stand density, suitability of slopes and an
absence of natural hazards as well as the yearly board
foot production. This shall be consistent with the
timber policies contained in the 1972 Parks, Open
Space and Cultural Services Plan; directed the
Planning Department to return on June 2, 1998 with a
recommendation for a permanent ordinance addressing
and eliminating the inconsistencies in the Special Use
(SU) zone regarding timber harvesting as well as the
recommended rule change package to be submitted to CDF
and all other items previously authorized by the Board
of Supervisors; with an additional directive to return
April 14, 1998 with an appropriate resolution to
change the Unified Fee Schedule to charge a maximum of
$300 for rezoning to Timber Production zone property
only for the period between when the interim ordinance
expires and June 2, 1998
WBAsr
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 April 14, 1998