PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 97, NUMBER 14
MAY 20, 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
See Item No. 82.1, Regular 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 May 6, 1997, as recommended by the
Clerk of the Board
008. ACCEPTED AND FILED notification of continuing
contracts received May 5, 1997 through May 16, 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. ACCEPTED Treasurer's Monthly Cash Report for period
ending March 31, 1997, as recommended by the
Treasurer-Tax Collector
010. AUTHORIZED the County Administrative Officer to cast
votes on behalf of the County of Santa Cruz on fees,
charges and assessments, as recommended by the County
Administrative Officer
011. ACCEPTED AND FILED the proposed 1997/98 Capital
Improvement Program and scheduled a study session for
June 10, 1997, as recommended by the County
Administrative Officer
012. ACCEPTED the Public Works Office Remodel Project as
complete; approved final cost of $18,676; and approved
related actions, as recommended by the Director of
General Services
013. ACCEPTED the County Administrative Officer's proposed
budget for the County of Santa Cruz for Fiscal Year
1997/98; set Wednesday, June 18, 1997, as the date to
begin public hearings on the 1997/98 proposed budget;
and approved related actions, as recommended by the
County Administrative Officer
014. DENIED claim of William M. Moores for refund of real
property taxes for years 94/95, 95/96 and 96/97, as
recommended by County Counsel
015. ACCEPTED AND FILED notification of submission of Motor
Vehicle Reduction Grant application for fiscal year
1997/98, as recommended by the Sheriff-Coroner
016. AUTHORIZED release of the $3,500 which was deposited
to cover the taxes on Assessor's Parcel Nos.: 009-
291-22 and -23 for 1995/96, as recommended by the
Auditor-Controller
017. APPROVED the bylaws for the Treasury Oversight
Commission, as recommended by the Treasurer-Tax
Collector
018. APPROVED plans and specifications for the Ben Lomond
Promenade Street Front Improvements; and directed the
General Services Department to advertise for bids; set
bid opening for Tuesday, June 17, 1997 at 10:45 a.m.;
and approved related actions, as recommended by the
Director of General Services
019. APPROVED plans and specifications for the Shore Trail,
Dolphin/Sumner Trail Improvements; directed the
General Services Department to advertise bids; set bid
opening for Tuesday, June 17, 1997 at 10:45 a.m.; and
approved related actions, as recommended by the
Director of General Services
020. APPROVED plans and specifications for the Well Pump
Water System at Polo Grounds County Park Site;
directed the General Services Department to advertise
for bids; set bid opening for Tuesday, June 17, 1997
at 10:45 a.m.; and approved related actions, as
recommended by the Director of General Services
021. APPROVED plans and specifications for the Drainage
System at Polo Grounds County Park Site; directed the
General Services Department to advertise for bids; and
set the bid opening for Tuesday, June 17, 1997 at
10:45 a.m.; and approved related actions, as
recommended by the Director of General Services
022. ADOPTED RESOLUTION NO. 208-97 accepting and
appropriating unanticipated cost applied revenue in
the amount of $100,000 from the sale of supplies; and
approved related actions, as recommended by the
Director of General Services
023. AUTHORIZED the purchase of a Rapiscan Model 520 EPX X-
ray System and approved transfer of funds within the
Detention Bureau budget for said purchase, as
recommended by the Sheriff-Coroner
024. SEE ITEM NO. 82.5, REGULAR AGENDA
025. DENIED claim of Dayna Wells No. 697-120 and referred
to County Counsel
026. SEE ITEM NO. 85.3, REGULAR AGENDA
027. DENIED claim of Marselina Schmidt No. 697-124 and
referred to County Counsel
028. DENIED claim of Edwin J. and Claudette M. Gunderson
and referred to County Counsel
029. DENIED claim of Danny J. Elliott No. 697-130 and
referred to County Counsel
030. DENIED claim of Georgiana Wilkins No. 697-132 and
referred to County Counsel
031. APPROVED out-of-state travel for Detective Tom
Gilbertson to attend the Community Policing to Combat
Domestic Violence Grant Program Training Conference in
Phoenix, Arizona, on July 15 through 17, 1997, as
recommended by the Sheriff-Coroner
032. ADOPTED RESOLUTION NO. 209-97 accepting and
appropriating unanticipated revenue in the amount of
$29,850 for costs associated with the Child Support
Commissioner and Family Law Facilitator, as
recommended by the Executive Director of the Courts
033. ADOPTED RESOLUTION NOS. 210-97 THROUGH 213-97 in
support of Senate Bill 62, Assembly Bill 1429, Senate
Bill 65 and Assembly Bill 1464 relating to coastal
protection and clean water; directed the Health
Services Agency Administrator to report back on June
10, 1997 regarding Assembly Bill 411; and approved
related actions, as recommended by the County
Administrative Officer
034. SEE ITEM NO. 85, REGULAR AGENDA
035. SEE ITEM NO. 82.2, REGULAR AGENDA
036. APPROVED appointment of Carolyn L. Mitchell to the
Animal Nuisance Abatement Appeals Commission for a
term to expire April 1, 2001, as recommended by
Supervisor Symons
037. APPROVED appointment of Shirley N. Fischer and William
Sharpe to the Place De Mer Geologic Hazard Abatement
District Board of Directors until the next district
general election and until any person elected at that
election has been qualified, as recommended by Chair
Wormhoudt
038. APPROVED appointment of Ivan William Foote to the
Alcohol and Drug Abuse Commission for a term to expire
April 1, 2001, as recommended by Supervisor Beautz
039. ADOPTED RESOLUTION NOS. 214-97 THROUGH 220-97
supporting the passage of Senate 392, Senate 480,
House Resolution 931, Assembly Bill 1197, Senate Bill
809, Assembly Bill 72 and Assembly Bill 67, and
approved related actions, as recommended by Chair
Wormhoudt
040. SEE ITEM NO. 82.3, REGULAR AGENDA
041. APPROVED donation and authorized the Sheriff-Coroner
to accept one used Search and Rescue van for Sheriff's
Patrol Operations, and three used passenger cars for
use by the Sheriff's Community Service Centers to
access residents in outlying areas to provide non-
enforcement services, as recommended by the Sheriff-
Coroner
042. DEFERRED report regarding establishment of a
performance-based compensation program until June 3,
1997, as recommended by the County Administrative
Officer
043. AUTHORIZED transfer of $39,382.15 from General
Contingencies to the Recorder's Budget; and authorized
the Auditor to pay the elapsed purchase order from the
1995/96 fiscal year, as recommended by the County
Clerk-Recorder
044. DIRECTED the County Administrative Officer, in
cooperation with the Director of Information Services
and the Clerk of the Board, to review the suggestion
for making the Board's agenda material available
electronically through the public library's system
and/or the Internet as part of the upgrade of the
Clerk of the Board's database program, and report back
to the Board with any recommendations during the
Board's budget hearings, as recommended by Supervisor
Wormhoudt
045. SEE ITEM NO. 82.4, REGULAR AGENDA
046. APPROVED donation of three pieces of the Agency's
historical medical equipment to the Santa Cruz Museum
of Art and History, as recommended by the Health
Services Agency Administrator
047. ADOPTED RESOLUTION NO. 221-97 approving $22,973
funding application for 1997/98 Dental Disease
Prevention Program; and authorized the Health Services
Agency Administrator to sign, as recommended by the
Health Services Agency Administrator
048. ADOPTED RESOLUTION NO. 222-97 accepting and
appropriating unanticipated revenue in the amount of
$17,682; and approved fixed asset purchase of modular
workstations, as recommended by the Health Services
Agency Administrator
049. APPROVED 1997/98 HIV Consortium service agreements
with the Santa Cruz County AIDS Project in the amount
of $73,643 and Community Action Board in the amount of
$8,726; authorized the Health Services Agency
Administrator to sign the agreements; authorized the
Board Chair to sign the Certification designating
Consortium as the organization to allocate the funds;
and directed the Clerk of the Board to take related
actions, as recommended by the Health Services Agency
Administrator
050. APPROVED purchase of two replacement EKG machines for
the Santa Cruz Clinics, as recommended by the Health
Services Agency Administrator
051. ACCEPTED AND FILED report on Child Welfare Services
Case Management System; adopted RESOLUTION NO. 223-97
accepting and appropriating unanticipated revenue in
the amount of $9,872; and approved related actions, as
recommended by the Human Resources Agency
Administrator
052. AUTHORIZED the Human Resources Agency Administrator to
extend the agreement with El Pajaro Community
Development Corporation for temporary workshop
facilities and approved related actions, as
recommended by the Human Resources Agency
Administrator
053. DIRECTED the Human Resources Agency, in conjunction
with the Ad Hoc Subcommittee on Latino Equity, to
consult with County Counsel and provide a report
during budget hearings regarding the advisability of
adopting criteria for Latino Equity funding proposed
by the Human Care Alliance and the Coalition of Latino
Agencies and Programs; and directed the Human
Resources Agency and County Administrative Officer to
provide a progress report on the Latino Equity
initiative during budget hearings, as recommended by
the Human Resources Agency Administrator
054. APPROVED revenue agreement with the Department of
Housing and Urban Development providing $310,593 for
the three year Emergency Services Intake and
Assessment Project; and authorized the Human Resources
Agency Administrator to sign the agreement, as
recommended by the Human Resources Agency
Administrator
055. APPROVED Job Training Partnership Act contracts with
Santa Cruz Adult and Community Education and Pajaro
Valley Prevention and Student Assistance, Incorporated
and authorized the Human Resources Agency
Administrator to sign the contracts, as recommended by
the Human Resources Agency Administrator
056. ADOPTED RESOLUTION NO. 224-97 appointing Harry Snoek
to the office of Public Guardian of Santa Cruz County,
as recommended by the Human Resources Agency
Administrator
057. DIRECTED the Human Resources Agency Administrator to
sign the contract with Sacramento Services and
Development Corporation for Food Stamp issuance
services for the period of July 1, 1997 through June
30, 1999, as recommended by the Human Resources Agency
Administrator
058. ADOPTED RESOLUTION NO. 225-97 accepting and
appropriating unanticipated revenue in the amount of
$4,500 for the Independent Living Skills Project and
approved related actions, as recommended by the Human
Resources Agency Administrator
059. APPROVED Contract Change Order No. 2 in the amount of
$10,000 for the Summit Road Pathway Project;
authorized the Chair to sign the Change Order; and
directed the Clerk of the Board to take related
actions, as recommended by the Director of Public
Works
060. APPROVED plans, specifications and engineer's estimate
for the Murphy Road Low Water Crossing and authorized
calling for bids; set bid opening for Tuesday, June
17, 1997 at 10:45 a.m.; and directed the Clerk of the
Board to take related actions, as recommended by the
Director of Public Works
061. ADOPTED RESOLUTION NO. 226-97 accepting Harper Court
into the County Maintained Road System, as recommended
by the Director of Public Works
062. ADOPTED RESOLUTION NO. 227-97 approving and accepting
the terms and conditions of agreements and rights of
entry for Portola Drive Improvements and 30th Avenue
Infill Project property acquisitions; approved payment
of claims; and approved related findings, as
recommended by the Director of Public Works
063. APPROVED Federal Apportionment Agreement for County's
1996/97 allocation of Federal Aid Secondary Exchange
and State Matching Funds Program; authorized the Chair
to sign the agreement; adopted RESOLUTION NO. 228-97
for the Federal Apportionment Program for Exchange and
State Matching Funds Programs in the amount of
$324,813; and directed the Clerk of the Board to take
related actions, as recommended by the Director of
Public Works
064. APPROVED transfer of funds in the amount of $165,000
for County Service Area No. 9C, Capital Projects, to
County Service Area No. 9C, Operations; adopted
RESOLUTION NO. 229-97 accepting unanticipated revenue;
approved agreement with CH2M Hill for Solid Waste
Consultant Engineering Services in the amount of
$152,087; authorized the Director of Public Works to
sign the agreement; and approved related actions, as
recommended by the Director of Public Works
065. APPROVED agreement and authorized the Board Chair to
sign the agreement between the County of Santa Cruz
and La Selva Beach Recreation District and La Selva
Beach Improvement Association for drainage improvement
and erosion repair, as recommended by the Director of
Public Works
066. ADOPTED RESOLUTION NO. 230-97 vacating the excess
right of way on the northeastern corner of Soquel
Drive and Fairway Drive, Soquel; accepted offer to
purchase the property; adopted RESOLUTION NO. 231-97
approving the sale and authorized the Chair to sign
the Grant Deed; and directed the Clerk of the Board to
take related actions, as recommended by the Director
of Public Works
067. ACCEPTED improvements and approved the final cost for
the Mill Street/Glen Arbor, Highway 9 Signalization
Project; and directed the Clerk of the Board to take
related actions, as recommended by the Director of
Public Works
068. APPROVED plans, specifications and engineer's estimate
for the 1996/97 County Wide Pavement Overlay Program
and authorized calling for bids; set bid opening for
Tuesday, June 17, 1997 at 10:45 a.m.; and directed the
Clerk of the Board to take related actions, as
recommended by the Director of Public Works
069. APPROVED plans, specifications and engineer's estimate
for the Rio Del Mar Boulevard at Soquel Drive
Signalization Project; authorized the calling for
bids; set bid opening for Tuesday, June 17, 1997 at
10:45 a.m.; and directed the Clerk of the Board to
take related actions, as recommended by the Director
of Public Works
070. ADOPTED RESOLUTION NOS. 232-97 THROUGH 236-97 making
certain findings, appointing the Engineer, and Bond
Counsel in order to initiate assessment district
proceedings for the Sunset Beach Water Main Project,
as recommended by the Director of Public Works
071. ACCEPTED AND FILED status report on Felton Permit
Center; adopted RESOLUTION NO. 237-97 accepting and
appropriating unanticipated revenue in the amount of
$30,000; approved purchase of fixed assets; and
amended Felton Center lease agreement, as recommended
by the Planning Director
072. APPROVED Memorandum of Understanding with AMBAG to
utilize the County's contribution to enter into a
joint funding agreement with USGS to develop Digital
Ortho Quarter Quads for the County, as recommended by
the Planning Director
073. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
DEFERRED report on Soquel Creek Water District issues
until August 12, 1997, as recommended by the Planning
Director
074. SCHEDULED public hearing for the afternoon session on
Tuesday, June 10, 1997 to consider the recommendation
of the Planning Commission on a proposal to amend the
General Plan to change the land use designations on a
portion of a project site from Community Commercial,
Urban High Residential and Urban Low Residential to
Urban Medium Residential; and to change the
corresponding Zone designations of C-2, RM-3 and R-1-7
to RM-4 or other appropriate zone districts to allow
for a future application for an affordable multiple
dwelling group of 60 units, to include a community
center and a child care center. This project is
located on the northeast side of Freedom Boulevard at
the north terminus of Stewart and Quinn Avenues;
Application No. 97-0123, as recommended by the
Planning Director
075. SEE ITEM NO. 85.2, REGULAR AGENDA
076. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED financing for easements
and rights-of-entry for the Portola Drive Improvement
Project for an amount not to exceed $8,800; and
approved use of an additional special color for
sidewalk improvement projects, as recommended by the
Redevelopment Agency Administrator
077. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, ACCEPTED proposed 1997/98 Agency
Budget, scheduled public hearing for the morning
agenda on Friday, June 20, 1997 to consider public
comments, and approved related actions, as recommended
by the Redevelopment Agency Administrator
078. 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.: Farris v. County of Santa Cruz, et al.
(Santa Cruz Superior Court Case No. 131476); City and
County of San Francisco v. Phillip Morris, et al (San
Francisco Superior Court Case No. C-96-2090); People
v. Phillip Morris, et al. (San Francisco Superior
Court Case No. 980864); County of Santa Cruz v.
California State Board of Forestry, et al. (San
Francisco Superior Court Case No. 980561)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property street address: APN: 43-105-37
Negotiating parties: County of Santa Cruz; J. David
and Judith A. Spence
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
All employee organizations
REPORT OF COUNTY COUNSEL - The Board of Supervisors
ratified settlement in the case of Farris v. County of
Santa Cruz, et al. (Santa Cruz Superior Court Case No.
131476) (BSRAW); in the cases of City and County of
San Francisco v. Phillip Morris, et al. (San Francisco
Superior Court Case No. C-96-2090) and People of the
State of California v. Phillip Morris, et al. (San
Francisco Superior Court Case No. 980864) approved
settlement with Liggett and Myers and authorized
County Counsel to sign the settlement agreement on
behalf of the County (BSRAW); in the case of County of
Santa Cruz v. California State Board of Forestry, et
al. (San Francisco Superior Court Case No. 980561)
approved appealing the decision of the San Francisco
Superior Court which upheld the validity of a State
Board of Forestry regulation allowing timber
operations pursuant to an emergency notice procedure
for financial emergencies (BSrAW); and approved
agreement for the sale by the County to J. David and
Judith A. Spence of a ten foot public utility easement
over County parcel APN 43-105-37 for $1,500 (BSRAW)
078.1 SEE ITEM NO. 85.1, REGULAR AGENDA
078.2 DEFERRED report on program issues at Blaine Street
Women's Detention Facility to the Supplemental Budget,
as recommended by the County Administrative Officer
REGULAR AGENDA
079. CONSIDERED report and recommendations on the
continuation of Public Defender Conflict of Interest
Services;
directed the County Administrative Office to prepare
contract extensions for public defender conflict of
interest services for a two year period with the firms
of Page, Salisbury, Dudley and DeNardo, and Wallraff
and Gilman effective July 1, 1997, with the
understanding that these contracts will be followed by
a Request for Proposals for three year contracts
RABSW
080. CONSIDERED request of the City of Watsonville to amend
an existing Memorandum of Understanding to increase
the size of a proposed sewer line to the Pajaro Valley
Inn;
accepted and filed report; approved an amendment to
the Memorandum of Understanding that would modify the
size of both the 4-inch and the 6-inch lines to 8-
inches, as requested by the City of Watsonville; and
directed the Public Works Department to advise the
City of the Board's determination
RSBAw
081. RECEIVED bids regarding Sheriff's Warehouse/Evidence
Storage Facility at 100 Rountree Lane, Watsonville and
referred to the General Services Department to return
with a recommendation on or before June 10, 1997
RSBAW
082. RECEIVED bids regarding 1070 Emeline Avenue Seismic
Retrofit and referred to the General Services
Department to return with a recommendation on or
before June 10, 1997
RSBAW
082.1 ACCEPTED item for consideration according to criteria
specified, that being a need to avoid injury or
detriment to the public arose after the posting of the
agenda (RSBAW);
approved a change in the plan line for El Dorado
Avenue indicating that sidewalks would be constructed
only on the westerly side of the street, as
recommended by Supervisor Beautz
RBSAW
082.2 APPROVED shifting administration of the Transfer of
Credit Program from the Housing Authority to the
Redevelopment Agency and directed the parties to
prepare revised participation agreements to reflect
this change, with additional direction including a
report back on August 5, 1997
BSRAW
082.3 DIRECTED the Public Works Department to return on or
before June 17, 1997, with an Ordinance amending the
County Code by establishing the Rio del Mar Parking
Zone, with additional direction
SRBAw
082.4 DIRECTED the Planning Department to complete the
required permit approval process without the provision
of a signed lease agreement between the County and
Cellular One of Santa Cruz for a proposed cellular
site, and that the lease agreement with Cellular One
be returned to the Board of Supervisors after
completion of the land use permit approval process,
with additional direction
ABSRW
082.5 SCHEDULED public hearing for the afternoon agenda on
Tuesday, June 17, 1997, for special consideration of
an Agricultural Policy Advisory Commission's decision
regarding Application No. 96-0772, by Dinyari - c/o
Above the Line; property located at 2716 Freedom
Boulevard, Watsonville, with additional direction
SRBAW
083. Public hearing held to consider a proposal to rezone
Assessor's Parcel No. 037-211-40 from the R-1-6 and R-
1-9 zone districts (Single-family Residential with
6,000 and 9,000 square feet minimum lot sizes) to the
RM-6 zone district (Multi-family Residential with a
6,000 square foot maximum density), as required by
Residential Development Permit 85-0046, Condition
II.4. Requires a rezoning of the parcel. Property
located on the south side of Soquel Drive (5710 Soquel
Drive), about 50 feet east of Monterey Avenue;
Application No. 96-0760; APN: 037-211-40;
Owner/Applicant: Steven and Julie Marsalisi;
closed public hearing; certified the Negative
Declaration; and adopted ORDINANCE NO. 4458 amending
Chapter 13.10 of the Santa Cruz County Code changing
property from one zone district to another
BASRW
084. Public hearing held to consider the continuation of
business improvement assessments for Zone A of the
Soquel Village Parking and Business Improvement Area
for the 1997/98 fiscal year;
closed public hearing; and accepted certification of
the results of the balloting from the Elections
Department
ARBSW
085. ACCEPTED AND FILED the Auditor-Controller's Financial
Update for the third fiscal quarter 1996/97
BRSAW
085.1 ADOPTED RESOLUTION NO. 238-97 accepting and
appropriating $26,889 from the Office of Criminal
Justice Planning; adopted RESOLUTION NO. 239-97
accepting and appropriating $55,279 in unanticipated
revenue from the California Department of Insurance
into the District Attorney's Budget Index 271220 for
the District Attorney's Fiscal Year 1996/97 Automobile
Insurance Fraud and Worker's Compensation Insurance
Fraud Prosecution Program Grants; and authorized the
purchase of one vehicle and various computer equipment
in the amount of $46,000 for use in the Investigation
and Prosecution of Automobile Insurance Fraud and
Worker's Compensation Insurance Fraud Cases during
Fiscal Year 1996/97, with additional direction
RSBAW
085.2 APPROVED revised findings and conditions for the Tan
Heights Subdivision, as recommended by the Planning
Director
BRSAW
085.3 CONTINUED TO JUNE 3, 1997 consideration to deny
application to file a late claim on behalf of Armando
Lopez Mercado No. 697-122 and refer to County Counsel,
with additional direction
SRBAW
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 June 3, 1997