PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 97, NUMBER 11
APRIL 8, 1997
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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
001. All Supervisors present
Moment of Silence and Pledge of Allegiance
002. Consideration of Late Additions to the Agenda
003. Additions and Deletions to Consent Agenda
004. 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.)
005. Additions and Deletions to Regular Agenda
CONSENT AGENDA
RSBAW
006. APPROVED claims as submitted by the Auditor-Controller
007. APPROVED minutes of March 18 and 25, 1997, as
recommended by the Clerk of the Board
008. ACCEPTED AND FILED notification of continuing
contracts received March 31, 1997 through April 4,
1997 and approved upon adoption of the 1996/97
continuing agreements list to comply with Section 300
of the County's Procedures Manual, Title 1, as
recommended by the Clerk of the Board
009. CONTINUED TO APRIL 15, 1997 consideration to accept
and file report on Transient Occupancy Tax Audit
010. DENIED claim of William Whitman No. 697-102 and
referred to County Counsel
011. DENIED claim of John and Janet Massey No. 697-105 and
referred to County Counsel
012. DENIED claim of William Fischette and Camie Rudeen No.
697-106 and referred to County Counsel
013. DENIED claim of Bruce and Maria Zimmer No. 697-110 and
referred to County Counsel
014. 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
015. ADOPTED RESOLUTION NO. 107-97 acknowledging and
approving the Judicial Council grant in the amount of
$20,000 to Court Appointed Special Advocate program of
Santa Cruz and delegating administration of the funds
to the Judicial Council, as recommended by the
Executive Officer of the Courts
016. DELETED ITEM
017. APPROVED agreement to purchase tax defaulted property
by the City of Watsonville for $114 and authorized the
Chair to sign the agreement; adopted RESOLUTION NO.
108-97 approving and accepting the purchase of three
parcels by the County; and authorized the Auditor-
Controller to charge the Real Property Management
budget $2,247 for the purchase cost and authorized the
Chair to sign the agreement, as recommended by the
Treasurer-Tax Collector
018. APPROVED Letter of Understanding with the Live Oak
School District regarding the use of Mello-Roos
Community Facilities Districts for the construction or
reconstruction of school facilities and approved use
of the letter of understanding with other school
districts, as recommended by County Counsel
019. APPROVED plans and specifications for the Bonny Doon
Beach Parking Improvements; directed the General
Services Department to advertise for bids; and set bid
opening for Tuesday, May 6, 1997 at 10:45 a.m., as
recommended by the Director of General Services
020. ACCEPTED status report on the development of fire
station facilities in the Bonny Doon and Loma Prieta
communities, as recommended by the Director of General
Services
021. SEE ITEM NO. 69.1, REGULAR AGENDA
022. APPROVED appointment of Mara Woodworth Elliott to the
Latino Affairs Commission (as a representative of the
City of Santa Cruz) for a term to expire April 1,
2001, as recommended by Chair Wormhoudt
023. APPROVED reappointment of Lisa Angell to the Emergency
Medical Care Commission for a term to expire April 1,
2001, as recommended by Supervisor Almquist
024. ACCEPTED AND FILED Annual Report of the Commission on
Disabilities, and approved related actions, as
recommended by Chair Wormhoudt
025. ADOPTED RESOLUTION NO. 109-97 in support of Assembly
Bill 1000, The Clean Coastal Waters and Rivers Bond
Act of 1998, and approved related actions, as
recommended by Supervisor Wormhoudt
BSrAW
026. APPROVED reappointment of Second District
(1) representatives to various County advisory bodies, as
outlined, for terms to expire April 1, 2001, as
recommended by Supervisor Symons;
(2) reconsidered item;
(3) approved expiration date of April 1, 2000 regarding
the term of appointment to the Mental Health Advisory
Board
(1) RSBAW
(2) BASRW
(3) SABRW
027. APPROVED appointment of Cheri M. Hrapoff to the
Children's Commission for a term to expire April 1,
2001, as recommended by Supervisor Almquist
028. APPROVED appointment of Yolanda Perez-Logan to the
Latino Affairs Commission for a term to expire April
1, 2001, as recommended by Supervisor Almquist
029. APPROVED appointment of Ira Lubell to the Emergency
Medical Care Commission for a term to expire April 1,
2001, as recommended by Supervisor Symons
030. APPROVED reappointment of Daniel Dodge to the Latino
Affairs Commission, as a representative of the City of
Watsonville, for a term to expire April 1, 2001, as
recommended by Chair Wormhoudt
031. APPROVED reappointment of Fifth District
representatives to various County advisory bodies, as
outlined, for terms to expire April 1, 2001, as
recommended by Supervisor Almquist
032. DIRECTED the Planning Department and Redevelopment
Agency to review their policies and regulations in
allowing continued planting of naturally infected
species in the County with regard to pine pitch canker
and to report back with their findings and
recommendations on or before May 6, 1997; directed the
Public Works Department to issue a report to the Board
indicating their operations and policies in the
removal of pine pitch canker trees and the handling of
the trees at the landfills on or before May 6, 1997;
and further directed the Planning Department to
develop informational handouts to be distributed with
over-the-counter permits issued for removal of pine
pitch canker trees informing the permittee of the
proper way to remove and dispose of the diseased
trees, as recommended by Supervisor Symons
033. ACCEPTED AND FILED report on Earthquake Preparedness
Month and encouraged all Santa Cruz County residents
to increase their knowledge and awareness of proper
safety measures to follow during and after an
earthquake, as recommended by the Emergency Services
Coordinator
034. SEE ITEM NO. 69.2, REGULAR AGENDA
035. CONTINUED TO APRIL 15, 1997 consideration to approve
plans and specifications for the construction of a
warehouse at 100 Rountree Lane in Watsonville; direct
the General Services Department to advertise for bids;
and set bid opening for May 6, 1997 at 10:45 a.m.
036. DIRECTED the Chair to write to the Public Utilities
Commission to convey the Board's opposition to the
application submitted by "MHC Acquisition One"
relative to water and sewer utility services for
customers at DeAnza Santa Cruz Mobile Estates, as
recommended by Chair Wormhoudt
037. APPROVED reappointment of First District
representatives to various County advisory bodies, for
terms to expire April 1, 2001, as recommended by
Supervisor Beautz
038. DIRECTED the Chair to send a letter to Congress
Members Sam Farr and Tom Campbell advocating for
federal funding on behalf of Santa Cruz Metropolitan
Transit District, as recommended by Supervisor Beautz
039. CONTINUED TO MAY 6, 1997 consideration to refer
recommended changes to the County's Affordable Housing
Ordinance to the Planning Department, in coordination
with the Redevelopment Agency and County Counsel, to
develop a draft Ordinance for consideration by the
Housing Advisory Commission, with a report back on
June 24, 1997; approve transfer of the administration
of the Paloma del Mar Credits Program as outlined;
approve shifting administration of the Transfer of
Credit Program to the Redevelopment Agency; and direct
the Redevelopment Agency to develop program guidelines
for Board consideration on June 24, 1997
040. AUTHORIZED the District Attorney to sign agreements
with consultants on unlawful business practice
violations in an amount not to exceed $10,000, and
approved related actions, as recommended by County
Counsel
041. ACCEPTED AND FILED report on the need to continue the
state of local emergency relative to the transmission
of HIV through contaminated needles, as recommended by
the Health Services Agency Administrator
042. SEE ITEM NO. 69.3, REGULAR AGENDA
043. APPROVED multi-year $33,157 revenue agreement with
Salud Para La Gente to participate in teen pregnancy
prevention project; adopted RESOLUTION NO. 110-97
accepting and appropriating unanticipated revenue in
the amount of $5,717; and approved related actions, as
recommended by the Health Services Agency
Administrator
044. ACCEPTED report on mental health managed care and
directed the Health Services Agency to return with a
further report on April 15, 1997, as recommended by
the Health Services Agency Administrator
045. DEFERRED consideration of purchase of defibrillators
to coincide with the reports regarding the extension
of the ambulance contract in June at budget hearings,
as recommended by the Health Services Agency
Administrator
046. AUTHORIZED the Health Services Agency Administrator to
sign a Memorandum of Understanding with the State
Water Resources Control Board for establishment of a
linked deposit program to implement upgrades of
individual onsite sewage disposal systems in the San
Lorenzo River Watershed; and approved related actions,
as recommended by the Health Services Agency
Administrator
047. APPROVED various accounting adjustments within the
Health Services Agency to provide for acquisition of
computer equipment authorized as part of the 1996/97
budget; adopted RESOLUTION NO. 111-97 accepting
unanticipated revenue; and approved related actions,
as recommended by the Health Services Agency
Administrator
048. ADOPTED RESOLUTION NO. 112-97 in support of Assembly
Bill 242 and Senate Bill 255 to continue the use of
National Guard armories as winter homeless shelters
and maintain State funding for the armory shelter
program, as recommended by the Human Resources Agency
Administrator
049. APPROVED relocation assistance claim for owner-
occupant of 7272 Empire Grade, Bonny Doon Fire Station
Site subject to various conditions, as recommended by
the Director of Public Works
050. ACCEPTED and approved the engineer's report for the
proposed services for County Service Area No. 55,
Riverdale Park; adopted RESOLUTION NO. 113-97 of
intention to authorize and levy an assessment for road
maintenance and operation; approved notice of public
hearing, ballot procedure, and ballot for the proposed
1997/98 assessment; set Tuesday, June 3, 1997 for a
public hearing; and directed the Clerk of the Board to
take related actions, as recommended by the Director
of Public Works
051. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY
SANITATION DISTRICT, adopted RESOLUTION NO. 114-97
approving removal of Code 096, "Freedom County
Sanitation District Bond Levy Only" from the County
tax rate area records; and directed Public Works to
take related actions, as recommended by the Director
of Public Works
052. GRANTED permission for the Boulder Creek Elementary
School and Redwood Elementary School to hold a parade
in Boulder Creek on Saturday, May 17, 1997; and
adopted RESOLUTION NO. 115-97 requesting that the
California Department of Transportation allow the
parade, as recommended by the Director of Public Works
053. ACCEPTED the improvements and approved the final cost
for the Airport Boulevard at Loma Prieta Traffic
Signal; and directed the Clerk of the Board to take
related actions, as recommended by the Director of
Public Works
054. APPROVED amendment to agreement between Public Works
and CH2M Hill for additional engineering design
services for the Murphy Crossing Permanent Low Water
Structure for a not-to-exceed amount of $12,500; and
authorized the Director of Public Works to sign the
amendment, as recommended by the Director of Public
Works
055. ACCEPTED AND FILED status report on Highland Way Road
Repair Project concerning FEMA funding appeal and
directed Public Works to return on or before September
16, 1997 with a report back on FEMA reimbursement, as
recommended by the Director of Public Works
056. ACCEPTED report from Public Works on results of sealed
bids received on April 7, 1997 for emergency repairs
to Valencia Road Culvert and Soquel-San Jose Road
slipout; adopted RESOLUTION NO. 116-97 accepting
unanticipated revenue; and approved related actions,
as recommended by the Director of Public Works
057. APPROVED an agreement in the amount of $14,450 with
Bowman and Williams Engineering for design and
construction inspection services associated with the
Dolphin/Sumner Trail Project; and authorized the Parks
Director to sign the agreement, as recommended by the
Director of Parks, Open Space and Cultural Services
058. APPROVED expenditure of $4,988 for a salmon/marine
mammal interactions project; and approved related
actions, as recommended by the Planning Director
059. ACCEPTED AND FILED status report on the disposition of
affordable housing credits in the Paloma Del Mar
senior housing development, as recommended by the
Planning Director
060. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, adopted RESOLUTION NO. 117-97 in
support of and authorizing submittal of 1997/98,
Assembly Bill 2766, Motor Vehicle Emissions Reduction
Program Grant Applications; and approved related
actions, as recommended by the Redevelopment Agency
Administrator
061. 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.: Granite Rock Company et al. v. County
of Santa Cruz (Superior Court Case No. 113495); City
and County of San Francisco v. Phillip Morris, et al.;
People of the State of California, et al. v. Phillip
Morris, et al.; Mangini v. R.J. Reynolds Tobacco
Company, et al.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property street address: excess Soquel Drive right-
of-way adjacent to APN: 37-097-28
Negotiating parties: Sun and Karin Lai and Scott
Loichinger
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Position title/description: Human Resources Agency
Administrator
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
All employee organizations
REPORT OF COUNTY COUNSEL - The Board of Supervisors
unanimously ratified approval of a litigation contract
in the case of Mangini v. R.J. Reynolds Tobacco
Company, et al. (Superior Court Case No. 93959 in the
City and County of San Francisco); and unanimously
approved the appointment of Cecilia Espinola as the
Human Resources Agency Administrator at Step L of the
salary range in accordance with Section 161 G.2.C of
the Personnel Rules
061.1 ACCEPTED nomination of Mary McCann-Jenni for
reappointment as an at-large representative to the
Area Developmental Disabilities Board VII for a term
to expire January 1, 2000, with final appointment to
be made April 15, 1997, as recommended by Chair
Wormhoudt
REGULAR AGENDA
062. Presentation of Surface Mining and Reclamation Act
Award for 1996 by the Chairman of the State Mining and
Geology Board
063. CONSIDERED status report on Juvenile Hall Population
Management and Reduction Programs;
accepted and filed status report; and directed the
County Administrative Office to report back during
1997-98 budget hearings with an additional status
report on the Juvenile Hall Population Management and
Reduction Programs
064. Public hearing held to consider adoption of a
resolution consummating purchase of real property at
7272 Empire Grade, APN: 80-251-31, Bonny Doon Fire
Station Site;
closed public hearing; adopted RESOLUTION NO. 118-97
consummating the purchase of real property at 7272
Empire Grade, APN: 80-251-31, Bonny Doon Fire Station
Site
RABSW
065. CONSIDERED adoption of a resolution terminating the
Fire Department Advisory Committee upon establishment
of the Fire Department Advisory Commission; and
ordinance establishing the Fire Department Advisory
Commission;
(1) read title and waived detailed reading of complete
ordinance;
(2) adopted RESOLUTION NO. 119-97 terminating the Fire
Department Advisory Committee; approved ordinance "in
concept" to return April 15, 1997 for final adoption
(1) RBSAW
(2) RABSW
066. CONSIDERED adoption of an emergency ordinance amending
Subsection (f) relating to Mobile Home Rent
Adjustments of Section 13.32.030;
(1) read title and waived detailed reading of complete
ordinance;
(2) adopted ORDINANCE NO. 4451 amending Chapter 13.32 of
the Santa Cruz County Code relating to Mobilehome Rent
Adjustment Notices
(1) RSBAW
(2) BSRAW
067. CONSIDERED adoption of an ordinance amending Section
9.28.030 of the Santa Cruz County Code relating to
stop intersections;
(1) read title and waived detailed reading of complete
ordinance;
(2) approved ordinance "in concept" to return April 15,
1997 for final adoption
(1) RABSW
(2) SBRAW
068. RECEIVED bids regarding 1997 remodeling at 1020 and
1040 Emeline Avenue for the Santa Cruz County Human
Resources Agency and referred to General Services to
return with a recommendation on or before May 6, 1997
RABSW
069. Continued consideration to adopt resolution amending
the County Local Coastal Program Implementing
Ordinances; adopt ordinance amending Chapter 13.10 of
the County Code relating to residential uses,
accessory structures and accessory dwelling units; and
related actions;
(1) motion made to approve staff recommendations including
adoption of an ordinance, as amended;
(2) reconsidered item;
(3) approved continued consideration on May 6, 1997
(1) BsrAw (motion failed)
(2) RBSAw
(3) RBSAw
069.1 ADOPTED RESOLUTION NO. 120-97 accepting and
appropriating unanticipated revenue in the amount of
$60,059 to meet financial obligations within the
General Services budget; and approved related actions,
as recommended by the Director of General Services
ARBSW
069.2 CONTINUED TO APRIL 15, 1997 consideration to adopt
resolution approving property tax exchange for LAFCO
No. 832 (Village Associates/Burgstrom Reorganization)
ABSRW
069.3 APPROVED contract with Sonoma County in the amount of
$292,162 for Sonoma to act as fiscal
intermediary/administrative entity for a regional
skilled nursing facility with a specialized mental
health therapeutic rehabilitation program operated by
Hermitage Health Care, Incorporated; authorized
payment of monthly claims against the contract
effective April 1, 1997; and approved related actions,
as recommended by the Health Services Agency
Administrator
ABSRW
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 May 6, 1997