PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 98, NUMBER 10
APRIL 14, 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
3. Additions and Deletions to Consent Agenda
4. ORAL COMMUNICATIONS - No one 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
WRSAB
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of March 17 and March 24, 1998, as
submitted by the Clerk of the Board
8. DELETED ITEM
9. ACCEPTED AND FILED Treasurer's Monthly Cash Report
for period ending February 28, 1998, as recommended by
the Treasurer-Tax Collector
10. APPROVED second amendment to lease for 420 and 440 May
Avenue in Santa Cruz between Bei-Scott Company and the
County of Santa Cruz; authorized the District Attorney
to sign the lease on behalf of the County; and
approved related actions, including a report back on
June 2, 1998, as recommended by the District Attorney
11. ADOPTED RESOLUTION NO. 102-98 authorizing the Chief
Probation Officer to apply to the Office of Criminal
Justice Planning for funds to support the Broad-Based,
Apprehension, Suppression, Treatment and Alternatives
Grant Program (B.A.S.T.A.) for fiscal year 1998/99, as
recommended by the Chief Probation Officer
12. ADOPTED RESOLUTION NO. 103-98 accepting and
appropriating unanticipated revenue in the amount of
$81,500 from Title IV-E to Care of Court Ward budget
and specified facility improvements, as recommended by
the Chief Probation Officer
13. RATIFIED the emergency purchase and installation of an
air conditioning unit in the amount of $3,100 and
approved a realignment of fixed asset appropriations
within the Information Services/Telecommunications
budget, as recommended by the Information Services
Director
14. DENIED claim of Robert Morton No. 798-092 and referred
to County Counsel
15. DENIED application to file a late claim on behalf of
Scott McCann No. 798-110 and referred to County
Counsel, with an additional directive
16. DENIED claim of Aleph (Allie) Estes No. 798-111,
amended, and referred to County Counsel
17. ADOPTED RESOLUTION NO. 104-98 confirming the
continuation of a state of emergency for Santa Cruz
County, as recommended by the Deputy Director of
Emergency Services
18. AUTHORIZED out-of-state travel for one General
Services Department maintenance staff to attend a
detention equipment training class in Illinois on
August 25 through 27, 1998, as recommended by the
Director of General Services
19. APPROVED plans and specifications for the Sheriff's
Records Area HVAC Upgrade and directed the General
Services Department to advertise for bids and set bid
opening for Tuesday, May 19, 1998 at 10:45 a.m.; and
approved amendment to Energy Resources Associates,
Incorporated, contract to extend the term to the end
of the Sheriff's Records Area HVAC Upgrade, as
recommended by the Director of General Services
20. ACCEPTED status report on the local emergency
management plan development and directed the General
Services Department - Emergency Services Division to
return with a further report on or before August 25,
1998, as recommended by the Director of General
Services
21. APPROVED Independent Contractor Agreement with Energy
Research Associates, Incorporated, in the amount of
$13,400 for engineering services for upgrading the
emergency power system for the Blaine Street Detention
Facility; authorized the Deputy Director of General
Services to sign the agreement; and directed the
General Services Department to return on or before
June 9, 1998 with a recommendation for project
implementation, as recommended by the Director of
General Services
22. APPROVED plans and specifications for the Emergency
Power Upgrade Project at the Probation Center/Juvenile
Hall and Medium Security Jail; directed the General
Services Department to advertise for bids and set bid
opening for Tuesday, May 19, 1998; and approved
related actions, as recommended by the Director of
General Services
23. SEE ITEM NO. 76.1, REGULAR AGENDA
24. ADOPTED RESOLUTION NO. 105-98 authorizing the District
Attorney to reapply to the Office of Criminal Justice
Planning for funds during fiscal year 1998/99 for a
Child Abuser Vertical Prosecution Program; adopted
RESOLUTION NO. 106-98 authorizing the District
Attorney to reapply to the Office of Criminal Justice
Planning for funds during fiscal year 1998-9 for a
Gang Violence Suppression Program; and waive the
requirement for the recovery of indirect costs, with
an additional directive
25. ACCEPTED AND FILED report of the County Administrative
Officer on problem situations with cable providers;
directed the County Administrative Officer and Special
Counsel to report on the two transfers of ownership
associated with the sale of Sonic Cable TV to Charter
Communications Properties, LLC, on April 21, 1998; and
accepted proposal of Metro Utility Communications
Group for consulting services; authorized the County
Administrative Officer to negotiate and sign the
appropriate agreement; and authorized Metro Utility
Communication Group to proceed with Phase I of their
proposal, as recommended by the County Administrative
Officer
26. ACCEPTED nominations of various persons for
appointment to the Job Training Task Force, as
representatives of the agencies indicated, for terms
to expire September 30, 1999, with final appointments
to be made April 21, 1998, as recommended by the
County Administrative Officer
27. APPROVED appointment of Jenn Goulart, Christopher Ham,
Jill Bates, and Delores "Dee" O'Brien, Ph.D., to the
Local Child Care Planning Council for terms of office
to be determined by lot, as recommended by Chairperson
Beautz
28. ACCEPTED nomination of Michael F. Schmidt as an at-
large appointee to the Private Industry Council, as a
representative of private industry, for a term to
expire June 30, 2001, with final appointment to be
made April 21, 1998, as recommended by Supervisor
Symons
29. ACCEPTED notification of at-large vacancy on the
Domestic Violence Commission, in the category of
representative of the gay/lesbian/bisexual community,
with nominations to be received on April 28, 1998, and
final appointment to be made May 5, 1998, as
recommended by Chairperson Beautz
30. ACCEPTED notification of at-large vacancy on the
Managed Medical Care Commission, in the category of
physician or representative of a physician business or
professional entity, with nominations to be received
on April 28, 1998, and final appointment to be made
May 5, 1998, as recommended by Chairperson Beautz
31. ACCEPTED nomination of Jean Jardine as an at-large
appointee to the Long Term Care Interagency
Commission, in the category of "person with
demonstrated interest in the area of nursing home
care," for a term to expire April 1, 2002, with final
appointment to be made April 21, 1998, as recommended
by Supervisor Symons
32. APPROVED appointment of Harvey Neiblum to the Seniors
Commission for a term to expire April 1, 2001, as
recommended by Supervisor Almquist
33. APPROVED appointment of Steven C. Lind to the
Ambulance Contract Compliance Commission for a term to
expire April 1, 2001, as recommended by Supervisor
Almquist
34. APPROVED appointment of Supervisor Almquist as the
Board's representative to the County Court Planning
Team, as recommended by Chairperson Beautz
35. ACCEPTED AND FILED annual report of the Energy
Commission, and approved related action, as
recommended by Chairperson Beautz
36. DELETED ITEM
37. ACCEPTED AND FILED annual report of the Private
Industry Council, and approved related actions, as
recommended by Chairperson Beautz
38. ACCEPTED AND FILED annual report of the Hazardous
Materials Appeals Commission, as recommended by
Chairperson Beautz
39. SEE ITEM NO. 69.1, REGULAR AGENDA
40. DIRECTED the Public Works Department to waive fees at
the Ben Lomond Transfer Station for loads of French
Broom only, from Saturday, April 25, 1998 through
Sunday, May 3, 1998, as recommended by Supervisor
Almquist
41. ACCEPTED nomination of Leslie Andrews as an at-large
appointee to the Private Industry Council, as a
representative of private industry, for a term to
expire June 30, 2001, with final appointment to be
made April 21, 1998, as recommended by Supervisor
Beautz
42. ADOPTED RESOLUTION NO. 107-98 supporting the passage
of Assembly Bill 2510, relating to disaster assistance
funding, and approved related actions, as recommended
by Chairperson Beautz
43. ADOPTED RESOLUTION NO. 108-92 authorizing the Sheriff-
Coroner to apply to the Office of Criminal Justice
Planning for funds to support the Broad-Based,
Apprehension, Suppression, Treatment and Alternative
Grant Program (B.A.S.T.A.) for fiscal year 1998/99, as
recommended by the Sheriff-Coroner
44. ADOPTED RESOLUTION NO. 109-98 opposing the passage of
SB 2001; adopted RESOLUTION NO. 110-98 opposing the
passage of SB 1998; adopted RESOLUTION NO. 111-98
opposing the passage of SB 1723 and AB 1776,
concerning realignment and vehicle license fee funding
to localities, as recommended by the County
Administrative Officer
44.1 ACCEPTED nomination of Don Masik as an at-large
appointee to the Private Industry Council, as a
representative of private industry, for a term to
expire June 30, 2001, with final appointment to be
made April 28, 1998, as recommended by Supervisor
Almquist
45. APPROVED various grant related and funded out-of-state
travel for Children's Mental Health staff and Family
Partnership parents, as recommended by the Health
Services Agency Administrator
46. APPROVED three year agreement with the Valley Resource
Center to allow claiming for MediCal Administrative
Activities, as recommended by the Health Services
Agency Administrator
47. ACCEPTED AND FILED report regarding hospital issues
with the ambulance contract and schedule a further
report on November 3, 1998, as recommended by the
Health Services Agency Administrator
48. ADOPTED RESOLUTION NO. 112-98 accepting and
appropriating unanticipated revenue in the amount of
$14,687 into Social Services; approved transfer of
funds; and authorized the Human Resources Agency to
sign the agreement with SolutionsWest to provide staff
development training consultation, as recommended by
the Human Resources Agency Administrator
49. APPROVED proposed One-Stop Career Center Technology
Grant Application and authorized the Chairperson to
sign the application; adopted RESOLUTION NO. 113-98
appointing the Human Resources Agency as fiscal agent
and grant administrator for One-Stop Career Center
System funds; and authorized the Human Resources
Agency to take related actions, as recommended by the
Human Resources Agency Administrator
50. DEFERRED recommendation regarding In-Home Supportive
Services contract award report to April 28, 1998, as
recommended by the Human Resources Agency
Administrator
51. ACCEPTED AND FILED report on human services
legislation; adopted RESOLUTION NO. 114-98 supporting
the passage of SB 1428; adopted RESOLUTION NO. 115-98
supporting the passage of AB 2634; adopted RESOLUTION
NO. 116-98 supporting the passage of SB 2030; adopted
RESOLUTION NO. 117-98 supporting the passage of AB
2463; adopted RESOLUTION NO. 118-98 supporting the
passage of AB 2454; adopted RESOLUTION NO. 119-98
supporting the passage of AB 2773; adopted RESOLUTION
NO. 120-98 supporting the passage of AB 2031; adopted
RESOLUTION NO. 121-98 supporting the passage of SB
2177; adopted RESOLUTION NO. 122-98 supporting the
passage of SB 2188; adopted RESOLUTION NO. 123-98
supporting the passage of SB 2199; and approved
related actions, as recommended by the Human Resources
Agency Administrator
52. ACCEPTED AND FILED report on the Seniors Council/Area
Agency on Aging; and directed the Human Resources
Agency, in conjunction with the Auditor-Controller,
County Administrative Office, and County Counsel to
report back on June 2, 1998 regarding the progress of
efforts to identify further avenues of administrative
appeal, as recommended by the Human Resources Agency
Administrator
53. ACCEPTED AND FILED report on Highland Way Earthquake
and Storm Damage Road Repair Status of Appeals,
directed Public Works to return with a further report
on or before June 16, 1998, and approved related
actions, as recommended by the Director of Public
Works
54. ADOPTED RESOLUTION NO. 124-98 accepting and
appropriating unanticipated revenue in the amount of
$3,000 from the Sand Dollar Beach Homeowners
Association; approved transfer of $10,000 from
Structures and Improvements to the Sand Dollar Beach
Stairway project; approved low bid of Carvalho
Construction in the amount of $33,038 for the Sand
Dollar Beach Stairway Replacement Project; and
approved related actions, as recommended by the
Director of Public Works
55. APPROVED plans, specifications and engineer's estimate
for Jose Avenue Improvements, Capitola Road to
Rodriquez Street; set bid opening for Tuesday, May 5,
1998 at 10:45 a.m.; and directed the Clerk of the
Board to take related actions, as recommended by the
Director of Public Works
56. ACCEPTED improvements and approved the final cost for
the Rio Del Mar Boulevard at Soquel Drive
Signalization Project and approved related actions, as
recommended by the Directedor of Public Works
57. ADOPTED RESOLUTION NO. 125-98 approving the proposed
filing of grant applications to the Monterey Bay
Unified Air Pollution Control District for various
projects and approved related actions, as recommended
by the Director of Public Works
58. SEE ITEM NO. 76.2, REGULAR AGENDA
59. APPROVED amendments to agreements from Terratech,
Incorporated, and AN/EN, Incorporated, for Roy Wilson
Yard Groundwater Monitoring and Stockpiled Soil
Remediation and authorized the Director of Public
Works to sign the agreements, as recommended by the
Director of Public Works
60. ADOPTED RESOLUTION NO. 126-98 approving and accepting
terms and conditions of contract for cleanup costs
associated with Treetop Drive Wheelchair Ramps
Improvement Project; and approved related actions, as
recommended by the Director of Public Works
61. ADOPTED RESOLUTION NO. 127-98 approving and accepting
terms and conditions of contract for right-of-way
acquisitions - Valencia Road Culvert Replacement
Project; authorized the Director of Public Works to
sign the contracts; and approved payment of claims, as
recommended by the Director of Public Works
62. ADOPTED RESOLUTION NO. 128-98 authorizing the
placement of two road bumps on West Walnut Street in
Soquel, as recommended by the Director of Public Works
63. APPROVED amendment to agreement with Waste Management
of Santa Cruz County providing for minor language
corrections and changes; authorized the Director of
Public Works to sign the amendment; approved Waste
Management's proposed Annual Cleanup Program,
supplement County spring and fall cleanup weeks, and
directed Public Works to oversee implementation of the
program beginning in the spring of 1998, with an
additional directive
64. APPROVED grant agreement between the County and the
State of California to fund $80,000 in repairs and
enhancements to Greyhound Rock Coastal Access; adopted
RESOLUTION NO. 129-98 accepting unanticipated revenue
in the amount of $80,000 into the Structures and
Improvements for Greyhound Rock account; and
authorized the Director of County Parks to sign the
grant agreement on behalf of the County, as
recommended by the Director of Parks, Open Space and
Cultural Services
65. SCHEDULED public hearing for Tuesday, May 5, 1998 on
the morning agenda to consider master plan for Jose
Avenue Park, as recommended by the Redevelopment
Agency Administrator
66. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED transfer of funds from
salaries to fixed assets to allow for purchase of
personal computers, as recommended by the
Redevelopment Agency Administrator
67. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED contract amendment with
Tri-B, Incorporated, in the amount of $15,000 for the
Simpkins Family Swim Center Project, as recommended by
the Redevelopment Agency Administrator
68. AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY
SCHEDULED a closed personnel and litigation session as
follows:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation to be considered
pursuant to subdivision (b) of Government Code Section
54956.9 for one potential case.
REPORT OF COUNTY COUNSEL - No report given
68.1 CONTINUED TO AUGUST 4, 1998 and directed County
Counsel, in consultation with the Health Services
Agency, to return with recommendations which would
prohibit the advertising of tobacco products within a
fixed distance of any public or private school, day
care center, preschool, bus stop, child care facility,
playground, park, recreation center, youth camp or any
other identifiable facility where minors are known to
congregate, and take related actions, with an
additional directive
REGULAR AGENDA
69. CONSIDERED adoption of an ordinance pertaining to the
prohibition of discrimination;
(1) read title and waived detatiled reading of complete
ordinance;
(2) adopted ordinance "in concept" to return April 28,
1998 for final adoption
(1) RWSAB
(2) WAsrB
69.1 CONTINUED TO BUDGET HEARINGS request for $21,800 from
the Aptos Chamber of Commerce for the Aptos Visitors
Center, with an additional directive that the County
Administrative Officer contact the Conference and
Visitors Council and express issues discussed by the
Board, and further requested that the Conference and
Visitors Council and Aptos Chamber of Commerce work
together to explore the possibility of funding through
a grant agreement
SRwaB
70. Public hearing held to consider the Planning
Commission's recommendation regarding a General Plan
amendment to reinstate APN's: 102-171-08, -09, -10, -
11, -13 and -14 (Soquel San Jose Road) into the Urban
Services Line, to amend their Land Use designation
from Suburban Residential to Residential - Urban Very
Low Density and to rezone APN's: 102-171-08, -09, -10,
-11 and -13 from the "RA" (Residential Agricultural)
to the "R-1-20" (Single-family Residential, 20,000 sq.
ft. per dwelling) and APN: 102-171-14 from the "RA-O"
(Residential Agricultural, Open Space Easement
Contract) to the "R-1-20-0" (Single-family
Residential, 20,000 sq. ft. per dwelling unit, Open
Space Contract);
closed public hearing; adopted RESOLUTION NO. 130-98
amending the 1994 General Plan land use plan by
reinstating APN's 102-171--8, -09, -10, -11, -13 and -
14 into the urban services line and amending the land
use designation of these parcels from suburban
residential to residential - urban very low density;
read title and waived detailed reading of complete
ordinance and adopted ORDINANCE NO. 4498 amending
Chapter 13.10 of the Santa Cruz County Code changing
properties from one (or several) zone district(s) to
another (or others)
RWSAB
71. Public hearing held to consider the Planning
Commission's recommendation regarding a General Plan
and Zoning Amendment to redesignate APN: 041-011-07
(Mattison Lane in the Second District) from the
Community Commercial Land Use designation with a
zoning of C-1 (Neighborhood Commercial) to the
Residential Urban Low Density designation with a
zoning of R-1-6 (Single-family Residential with 6,000
sq. ft. per dwelling unit);
closed public hearing; adopted RESOLUTION NO. 131-98
amending the 1994 General Plan land use plan by
removing the "community commercial" designation and
adding the "residential - urban low density"
designation for APN: 041-011-07; read title and waived
detailed reading of complete ordinance and adopted
ORDINANCE NO. 4499 amending Chapter 13.10 of the Santa
Cruz County Code changing properties from one (or
several) zone district(s) to another (or others)
WASRB
72. Public hearing held to consider adoption of a
resolution establishing service charges for the
1998/99 fiscal year for County Service Area No. 5,
Sand Dollar Beach;
closed public hearing; adopted RESOLUTION NO. 132-98
establishing service charges for the 1998/99 fiscal
year for County Service Area No. 5, Sand Dollar Beach
WSRAB
73. APPROVED at-large appointment of Larry Friedman to the
Long Term Care Interagency Commission, for a term to
expire April 1, 2002
WSRAB
74. APPROVED at-large reappointments of Lenore Wilkerson,
Alice Ritchie, Thom Onan, Vicki West, and Elizabeth
Sparks to the Long Term Care Interagency Commission,
for terms to expire April 1, 2002
SRWAB
75. APPROVED at-large appointment of Patty Damron 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
WSRAB
76. APPROVED at-large reappointment of Karen Martin to the
Environmental Health Appeals Commission, for a term to
expire April 1, 2002
RWSAB
76.1 ACCEPTED status report on the Loma Prieta fire station
replacement project and directed General Services to
return with a contract on April 28, 1998
WRSAB
76.2 APPROVED agreement with CH2M Hill for Solid Waste
Consultant Engineering Services at a cost of $254,268,
as amended; authorized the Director of Public Works to
sign the agreement; and directed the Clerk of the
Board to take related actions
RWSAB
77. RECEIVED bids regarding Quail Hollow Ranch House
Remodel, Phase I and referred to Public Works to
return on or before May 5, 1998
RASWB
78. CONSIDERED report from Planning, Environmental Health
Services and Public Works regarding Water Resources
Monitoring;
(1) directed that the draft report dated April 10, 1998 be
returned to the Water Advisory Commission for comments
and return to the Board on June 2, 1998 with
recommendations and also with a comparison of the
projects outlined in the various drafts of the reports
as well as cost estimates and timelines for any
recommended projects; further directed Planning staff
to return during Budget Hearings with some sort of
proposal for funding strategies that might include
interagency participation for whatever Board-adopted
direction there is for a strategic plan; and directed
County Counsel to return on June 2, 1998 with an
analysis of the legal authorities of the County
relative to water management;
(2) reconsidered this item;
(3) changed return date from June 2, 1998 to June 9, 1998
(1) WAsrB
(2) WRSAB
(3) WRSAB
79. CONTINUED consideration of proposed amendments to the
Water Well Ordinance - Supplemental Report;
(1) deferred consideration of the supplemental report and
the proposed amendments to Water Well Ordinance to
June 2, 1998;
(2) reconsidered this item;
(3) changed deferral date from June 2, 1998 to June 9,
1998
(1) RWSAB
(2) WASRB
(3) WSRAB
80. CONSIDERED report on a study session held by the
Planning Commission to consider the application of
General Plan Policy 5.8.2 relating to land division
and density requirements in Primary Groundwater
Recharge areas;
referred item back to the Planning Department to
return with the Work Program and the Board will decide
on its relative priority at that time
WSRAB
81. CONSIDERED criteria and process for conducting the
Level V public hearing reviews to determine if parcels
zoned special use (SU) without timber resource
designation should be considered as having a timber
resource designation for the purpose of timber
harvesting;
(1) accepted and filed report;
(2) adopted RESOLUTION NO. 134-98, as amended, adopting a
criteria review checklist and a procedure for
determination of General Plan consistency for timber
harvesting in areas of the Special Use (SU) Zone
district that do not have a timber resources land use
designation;
(3) adopted RESOLUTION NO. 135-98, as amended, revising
the Unified Fee Schedule;
(4) requested the Chairperson of the Board to write a
letter to Assembly Member Keeley transmitting the
requested legislative actions as discussed in this
letter;
(5) with an additional directive to Planning staff that
when this item returns on June 2, 1998, any additional
recommendations for consideration in the Keeley bill
be brought back to the Board at that time;
(6) and further directed Planning staff to have all
materials available May 21, 1998 for the June 2, 1998
hearing;
(1) WBsrA
(2) ASwRb
(3) ABWsr
(4) WBsrA
(5) WBsrA
(6) WBSrA
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 28, 1998