PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 97, NUMBER 13
MAY 6, 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
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 - 15 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
SRBAW
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of April 8 and 15, 1997, as
recommended by the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received April 13, 1997 through May 2, 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
9. AUTHORIZED release of $1,500 which was deposited to
cover the taxes on APN 026-181-07 for 1996-97, as
recommended by the Auditor-Controller
10. ADOPTED RESOLUTION NO. 144-97 and approved purchase
agreement authorizing the issuance of Tax and Revenue
Anticipation Notes (TRANS), as recommended by the
Auditor-Controller
11. ADOPTED RESOLUTION NO. 145-97 authorizing issuance of
1996-97 Teeter Plan Tax and Revenue Anticipation Notes
in an amount not to exceed $10.5 million; authorized
the Auditor-Controller to sign the necessary
documents, including the representations being made by
the County, and pay the related expenses from Tax
Resources Funds; authorized the Auditor-Controller to
continue to execute a Teeter Note with the County
Treasurer as required; and authorized the Auditor-
Controller to set the Tax Loss Reserve at 1% and
establish working capital reserve in accordance with
Resolution No. 128-96, as recommended by the Auditor-
Controller
12. ADOPTED ORDINANCE NO. 4456 amending Section
9.42.030(B) of the Santa Cruz County Code relating to
the description of Benefit Zone B, the core area in
the Soquel Village Parking and Business Improvement
Area
13. ADOPTED RESOLUTION NO. 146-97 accepting and
appropriating unanticipated revenue from the Sheriff's
Asset Forfeiture Trust in the amount of $4,580 for the
purchase of the TRAK System; directed County
Purchasing to sign direct sales agreement with
SocialTech, Incorporated, for a cost not to exceed
$4,580; and authorized the purchase of computer
hardware and software as fixed assets, as recommended
by the Sheriff-Coroner
14. ADOPTED RESOLUTION NO. 147-97 accepting and
appropriating unanticipated revenue from the County
Office of Education for the Drug Suppression in
Schools Program Grant and authorized the addition of a
.5 bilingual Probation Aide position through June 30,
1999, as recommended by the Chief Probation Officer
15. ADOPTED RESOLUTION NO. 148-97 urging enactment of
House Resolution 961 regarding pollworker unemployment
insurance, as recommended by the Elections Manager
16. AUTHORIZED the Clerk of the Board to send written
notices to the Law Office of Orrick, Herrington and
Sutcliffe notifying them that the Board will not
authorize issuance of the Tax and Revenue Anticipation
Notes on behalf of Cabrillo Community College District
and Soquel Union School District, and authorized the
Clerk to send such a notice in response to future
requests, as recommended by County Counsel
17. REJECTED all bids for remodeling at 1020/1040 Emeline
Avenue and approved revised plans and specifications;
directed the General Services Department to re-
advertise for bids; and set bid opening for Tuesday,
June 3, 1997 at 10:45 a.m., as recommended by the
Director of General Services
18. APPROVED transfer of funds within the General Services
fleet budget, as recommended by the Director of
General Services
19. ACCEPTED AND FILED report regarding Proposition 208;
directed County Counsel to submit proposed amendments
to County Code Chapter 8.04 for consideration on
August 12, 1997 and to report back on status of
litigation on November 4, 1997, as recommended by
County Counsel
20. AUTHORIZED the Auditor-Controller to distribute excess
proceeds from the March 1997 property auction at a
time no less than 90 days following approval by the
Board and further directed the Treasurer-Tax Collector
to notify all claimants of this approval, as
recommended by the Treasurer-Tax Collector
21. ADOPTED RESOLUTION NO. 149-97 accepting a gift from
The David and Lucile Packard Foundation in the amount
of $72,000 toward acquisition of the South Ridge of
Quail Hollow Quarry, with additional directive
22. APPROVED contract increase in the amount of $9,768 to
Michael Wolcott Construction for the Law Library
Relocation and Access Ramp Project and approved
related actions, as recommended by the Director of
General Services
23. SEE ITEM NO. 88.4, REGULAR AGENDA
24. ACCEPTED AND FILED annual Affirmative Action Report
and approved related actions, as recommended by the
Acting Affirmative Action Officer
25. APPROVED agreement for Law Enforcement Unit regarding
canine care pay for Service Dog Program; authorized
the Personnel Director to sign the agreement; and
adopted RESOLUTION NO. 150-97 amending Resolution No.
247-76 regarding Canine Care Pay, as recommended by
the Personnel Director
26. APPROVED agreement between the Social Security
Administration and the Sheriff-Coroner's Office to
assist in the suspension of Supplemental Security
Income for Inmates at the Santa Cruz County Jail; and
authorized the Sheriff-Coroner to sign the agreement,
as recommended by the Sheriff-Coroner
27. APPROVED agreement for Community Oriented Policing and
Problem Solving training by Rana Sampson of Community
Policing Associates at $1,400 per day for a not-to-
exceed amount of $2,880; and authorized the Sheriff-
Coroner to sign the agreement, as recommended by the
Sheriff-Coroner
28. AUTHORIZED County Counsel to submit a request to the
Federal Drug Administration for an exemption from
federal regulation of Chapter 7.114 of the Santa Cruz
County Code relating to cigarette and/or tobacco
vending machines, as recommended by County Counsel
29. DENIED claim of Claire J. Schwartz No. 697-114 and
referred to County Counsel
30. DENIED claim of Erik Pieper No. 697-116 and referred
to County Counsel
31. DENIED claim of Stephen D. Reese No. 697-117 and
referred to County Counsel
32. DENIED claim of Rhodes and Kesling, Incorporated, No.
697-118 and referred to County Counsel
33. DENIED claim of Lupe Rocha No. 697-123 and referred to
County Counsel
34. ACCEPTED AND FILED report of the County's investment
activities and holdings for the quarter ending March
31, 1997, as recommended by the Treasurer-Tax
Collector
35. AUTHORIZED the Auditor-Controller to correct specified
tax rate anomalies, as part of the County's Tax Code
Consolidation Project, as recommended by the Auditor-
Controller
36. APPROVED appointment of Judy Yokel to the Board of
Directors of Community Television of Santa Cruz
County, Incorporated, as recommended by the County
Administrative Officer
37. APPROVED appointment of Madlyn Norman-Terrance to the
Deferred Compensation Advisory Commission, as
recommended by the County Administrative Officer
38. ADOPTED RESOLUTION NO. 151-97 accepting and
appropriating $16,100 in funds associated with AB 818
State-County Property Tax Administration Program, as
recommended by the Auditor-Controller
39. SEE ITEM NO. 88.1, REGULAR AGENDA
40. ADOPTED RESOLUTION NO. 152-97 accepting and
appropriating unanticipated revenue in the amount of
$20,000 for drug court planning grant, as recommended
by the Executive Officer of the Trial Courts
41. AUTHORIZED out-of-state travel for the District
Attorney to attend the Metropolitan Prosecutors
meeting in Washington, D.C. May 17-20, 1997, as
recommended by the District Attorney
42. DIRECTED the Clerk of the Board to post a notification
of a term expiration on the Monterey Bay Unified Air
Pollution Control District Hearing Board (Physician
Representative), with nominations to be considered by
the Board on or before June 3, 1997, as recommended by
Chair Wormhoudt
43. APPROVED reappointment of Dan Reed as an at-large
appointee to the Hazardous Materials Advisory
Commission, as a representative of labor, for a term
to expire April 1, 2001, as recommended by Chair
Wormhoudt
44. APPROVED appointment of Doug Silveira to the Housing
Advisory Commission for a term to expire April 1,
2001, as recommended by Supervisor Symons
45. APPROVED appointment of Katherine Sweet to the Housing
Advisory Commission for a term to expire April 1,
2001, as recommended by Supervisor Beautz
46. APPROVED appointment of Anita Henri to the Women's
Commission for a term to expire April 1, 2001, as
recommended by Supervisor Beautz
47. ADOPTED RESOLUTION NO. 153-97 supporting passage of
Senate Bill 1339 - Firearms: ban on large-capacity
magazines, clips, and belt-feeding devices, as
outlined, and approved related actions, as recommended
by Supervisor Wormhoudt
48. CONTINUED TO MAY 20, 1997 consideration to refer
recommended changes regarding 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
administration of the Paloma del Mar Credits Program
as outlined; approve shifting administration of the
Transfer of Credit Program to the Redevelopment Agency
to develop program guidelines for Board consideration
on June 24, 1997
49. SEE ITEM NO. 88.5, REGULAR AGENDA
50. SEE ITEM NO. 88.6, REGULAR AGENDA
51. APPROVED $44,000 multi-year revenue agreement with
Santa Cruz AIDS Project to provide nurse case
management services through HSA's Homeless Persons'
Health Project for Multiple Diagnosis Initiative (MDI)
Project; and directed the Clerk of the Board to take
related actions, as recommended by the Health Services
Agency Administrator
52. APPROVED 1996/97 immunization services agreement with
Mid-Coast Visiting Nurse Association in the amount of
$12,928, as recommended by the Health Services Agency
Administrator
53. 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
54. APPROVED lease agreement with the Santa Cruz AIDS
Project (SCAP) for office space at 1070 Emeline Street
and authorized the General Services Department to sign
the agreement, as recommended by the Health Services
Agency Administrator
55. ADOPTED RESOLUTION NO. 154-97 accepting and
appropriating $10,343 in unanticipated revenue for the
detention medical services program, and authorized
fixed asset purchase of a printer and modular work
stations for the program, as recommended by the Health
Services Agency Administrator
56. ADOPTED RESOLUTION NO. 155-97 accepting unanticipated
revenue in the amount of $7,000 into the Human
Resources Agency Homeless Assistance budget, as
recommended by the Human Resources Agency
Administrator
57. ADOPTED RESOLUTION NO. 156-97 authorizing the Human
Resources Agency Administrator to enter into an
agreement with the State Department of Aging in the
amount of $915,193 to administer the Multipurpose
Senior Services Program for fiscal year 1997/98, as
recommended by the Human Resources Agency
Administrator
58. ACCEPTED AND FILED report on the performance of
Community Programs that were monitored in fiscal year
1996/97, as recommended by the Human Resources Agency
Administrator
59. SEE ITEM NO. 88.7, REGULAR AGENDA
60. APPROVED revenue agreement between the Housing
Authority of the County of Santa Cruz and the Human
Resources Agency, providing $18,515 in wages and
benefits for the Families in Transition case manager;
and authorized the Human Resources Agency
Administrator to sign the agreement, as recommended by
the Human Resources Agency Administrator
61. APPROVED plans, specifications and engineer's estimate
for the Teilh Drive Bridge Replacement and authorized
calling for bids; set bid opening for Tuesday, June 3,
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
62. APPROVED plans, specifications and engineer's estimate
and authorized calling for bids for the Capitola Road
Culvert Replacement at Rodeo Gulch; set bid opening
for Tuesday, June 3, 1997 at 10:45 a.m.; and approved
related actions, as recommended by the Director of
Public Works
63. ADOPTED RESOLUTION NO. 157-97 supporting the Wilder
Ranch Bike path and authorized the Public Works
Department to submit a Minor "A" Local Agency Request
to the State of California for Project Cost Sharing to
the State of California, as recommended by the
Director of Public Works
64. ACCEPTED improvements and approved the final cost for
the Commercial Way Circulation Improvements; and
directed the Clerk of the Board and County Recorder to
take related actions, as recommended by the Director
of Public Works
65. ACCEPTED low bid of Ranger Pipelines, Incorporated, in
the amount of $1,145,000 for the Burrell Creek Culvert
Replacement Project; authorized award of contract; and
authorized the Director of Public Works to sign the
contract, as recommended by the Director of Public
Works
66. AUTHORIZED Public Works to enter into an agreement for
an amount not to exceed $9,700 to acquire a new
cleaner/pressure washer at the Brommer Maintenance
Facility, as recommended by the Director of Public
Works
67. DEFERRED final report back on Public Works Removal and
Landfill Management Plan for trees infected with pine
pitch canker to June 3, 1997, as recommended by the
Director of Public Works
68. DIRECTED the Redevelopment Agency and the Planning
Department to delete certain pines susceptible to
pitch canker fungus from recommended tree lists and
directed the Planning Department to distribute the
Pine Pitch Canker Task Force Position Paper with over-
the-counter significant tree removal permits, as
recommended by the Redevelopment Agency Administrator
and the Planning Director
69. APPROVED emergency purchase of one replacement tape
recorder needed for hearings and approved transfer of
funds in the amount of $2,700, as recommended by the
Planning Director
70. DEFERRED report on the schedule for presentation of
water resources monitoring management reports and
approve related actions, with additional directive
71. AUTHORIZED the Planning Director to submit the 1997 AB
2766 grant application to the Monterey Bay Unified Air
Pollution Control District for the South County
Planning Permit Center, as recommended by the Planning
Director
72. APPROVED amendment to agreement with the U.S. Geologic
Survey in the amount of $4,650 and approved related
actions, as recommended by the Planning Director
73. APPROVED recommendation by the Fish and Game Advisory
Commission for the purchase of fixed assets in the
amount of $3,537 and approved transfer of funds, as
recommended by the Planning Director
74. ACCEPTED AND FILED report on publishing Environmental
Impact Reports on the Internet and approved related
actions, including a report back at the first meeting
of May 1998, as recommended by the Planning Director
and the Acting Information Services Director
75. SEE ITEM NO. 88.2, REGULAR AGENDA
76. APPROVED transfer of funds in the amount of $20,000
from the Scott Park Improvement Project to the Polo
Grounds Improvement Project, as recommended by the
Director of Parks, Open Space and Cultural Services
77. APPROVED transfer of funds within County Service Area
No. 11 to provide for the proper alignment of
accounts, as recommended by the Director of Parks,
Open Space and Cultural Services
78. AS THE BOARD OF SUPERVISORS AND DIRECTORS OF THE SANTA
CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED an
extension of the pilot Micro Loan Program agreement
with California Coastal Rural Development Corporation
to December 31, 1997 at no additional cost to the
County or the Redevelopment Agency, and approved
related actions, including a report back at the last
meeting of January 1998, as recommended by the
Redevelopment Agency Administrator and the County
Administrative Officer
79. 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.: Schenk v. County of Santa Cruz
(U.S.D.C. No. C-97-20314); Bromell v. County of Santa
Cruz (U.S.D.C. Case No. C-96-20481); Stone v. County
of Santa Cruz (Santa Cruz Superior Court No. 131859);
Lira v. County of Santa Cruz (WCAB No. 108060)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation was considered pursuant to
subdivision (c) of Government Code Section 54956.9 for
one potential case.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
All employee organizations
REPORT OF COUNTY COUNSEL - The Board of Supervisors
unanimously approved settlement in the amount of
$25,000 in the case of Bromell v. County of Santa Cruz
(U.S.D.C. Case No. C-96-20481); approved legal
services agreement between County and Katzenbach and
Khtikian to represent the judges in the case of Schenk
v. County of Santa Cruz (U.S.D.C. Case No. C-97-
20314); approved joining in the amicus brief in
support of the plaintiff in the case of Stop Youth
Addiction Inc. v. Lucky Stars Inc. (Supreme Court No.
S-055373)
79.1 SEE ITEM NO. 88.3, REGULAR AGENDA
REGULAR AGENDA
80. CONSIDERED approval of Sanctuary Inter-Agency Task
Force's Action Plan which recommends strategies
designed to maximize the positive economic,
interpretive, and educational benefits that the
Monterey Bay National Marine Sanctuary brings to the
Santa Cruz area, and related actions;
approved the Sanctuary Inter-Agency Task Force's
Action Plan; requested that the Board Chair sign
letters to each of the Sanctuary Inter-Agency Task
Force's participating jurisdictions seeking a $1,100
contribution towards implementing the recommended
priority strategies; and directed the County
Administrative Office to return in February 1998 with
an update on the implementation activities
BSRAW
81. Public hearing held to consider establishment of
annual parking maintenance and operation charges for
the Soquel Village Parking and Business Improvement
Area Advisory Board;
closed public hearing; adopted RESOLUTION NO. 158-97
establishing the annual assessment charges for the
Soquel Village Parking and Business Improvement Area
for Fiscal Year 1997-98
BSRAW
82. Public hearing held to consider adoption of a
resolution confirming assessment/report for the
1997/98 fiscal year for Mosquito Abatement/Vector
Control, County Service Area No. 53;
closed public hearing; adopted RESOLUTION NO. 159-97
confirming assessment/report for the 1997/98 fiscal
year for Mosquito Abatement/Vector Control County
Service Area No. 53
RSBAW
83. Public hearing held on benefit assessments/service
charges and on assessment/service charge reports for
County Service Area 12: Septic System Maintenance,
San Lorenzo Wastewater Management, and Nonstandard
Sewage Disposal System Inspections;
closed public hearing; adopted RESOLUTION NO. 160-97
establishing benefit assessments/service charges for
County Service Area No. 12: septic system maintenance,
San Lorenzo Wastewater Management (Zone A), and
inspection and monitoring of nonstandard systems; and
adopted RESOLUTION NO. 161-97 confirming
assessment/service charge reports for the 1997-98
fiscal year for County Service Area No. 12: septic
system maintenance (CSA 12), San Lorenzo Wastewater
Management (CSA 12A), and inspection and monitoring of
nonstandard sewage disposal systems (CSA 12N)
BASRW
84. Public hearing held to consider proposed benefit
assessment/service charge rates for various County
Service Areas and on the proposed benefit
assessment/service charge reports;
closed public hearing; adopted RESOLUTION NOS. 162-97
THROUGH 204-97 Establishing Benefit
Assessments/Service Charges for Various County Service
Areas; with additional directive to continue to June
10, 1997, a public hearing on County Service Area Nos.
13B and 50
ARBSW
85. CONSIDERED report and recommendations on the
continuation of Public Defender conflict of interest
services;
accepted and filed report; authorized the County
Administrative Office to enter into a negotiation with
the current contractors for a two year extension; and
to return May 20, 1997 with an analysis of costs for a
two year extension vs. a one year renegotiated
contract followed by a Request For Proposal for a
three year contract
BRSAW
86. CONSIDERED report and recommendations for the Board to
waive the requirement for a hearing before the tax
administrator on all involved properties prior to
appeal to the Board of Supervisors and consider
request for waiver of penalties and interest;
waived the requirement for a hearing before the tax
administrator; approved request for waiver of
penalties and interest; and approved a one month grace
period beginning May 6, 1997, for owners of the
involved properties to pay taxes with no interest and
penalties
SRBAW
87. 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;
adopted RESOLUTION NO. 205-97 adopting an ordinance
amending the County Local Coastal Program Implementing
Ordinances; adopted ORDINANCE NO. 4457, as amended,
amending County Code Sections 13.10.322 relating to
residential uses, Section 13.10.611 relating to
accessory structures, and Section 13.10.681 relating
to accessory dwelling units; directed Planning staff
to submit these ordinance amendments to the California
Coastal Commission for certification as part of the
First Round of 1997; further directed Planning staff
to develop specific ordinance amendments to allow the
rehabilitation and reconstruction of accessory
structures made non-conforming by adoption of these
ordinance amendments, and to include these in the
Second Round of 1997; and directed the Planning
Director to include a program in the 1997-98 Planning
Department Work Program to process revisions to County
Code that would substitute the term "second unit" for
"accessory dwelling unit"
RABsw
88. RECEIVED bids regarding Bonny Doon Beach Parking
Improvements; accepted bids and authorized the General
Services Department, the Auditor-Controller and the
Department of Parks, Open Space and Cultural Services
to review bid proposals for conformance with the bid
provisions, award the contract to the lowest
responsible bidder and authorize the General Services
Director to sign the contract documents
RSBAW
88.1 ADOPTED RESOLUTION NO. 206-97 accepting and
appropriating unanticipated revenue in the amount of
$65,858 into the Agricultural Commissioner's budget
for the purchase of various fixed assets, with
additional directive
BRSAW
88.2 APPROVED contract amendment in the amount of $15,240
with First Alarm Security and Patrol, for operation of
the Summer Patrol Parking Program; and authorized the
Director of County Parks to sign the amendment, as
recommended by the Director of Parks, Open Space and
Cultural Services
BSRAW
88.3 ADOPTED RESOLUTION NO. 207-97 canceling appropriations
and revenues and accepting and approving unanticipated
revenue to provide a required augmentation to the
1996-97 Aid to Families with Dependent Children -
Foster Care Aid Payments Sub-Object, as recommended by
the County Administrative Officer
ARBSW
88.4 APPROVED lease agreement with Accommodations America
for the lodging of Sheriff's Office Deputy Sheriff
Trainees engaged in full-time training at the Alameda
County Sheriff's Office Basic Police Academy from May
18, 1997 through November 27, 1997 at a cost not to
exceed $43,062.50, with additional directive
RSBAW
88.5 REFERRED recommendation of the Human Care Alliance for
an additional year of Latino equity funding in the
requested amount of $120,000 as part of the 1997-98
County budget to the County Administrative Officer for
consideration as part of the budget process, with
additional directive including a report back on May
20, 1997
RSBAW
88.6 DIRECTED the County Administrative Officer to report
back to the Board on May 20, 1997 with a detailed
proposal for initiating a Pay for Performance Plan
proposal, as outlined, with additional directive
ABSRW
88.7 CONTINUED TO AN EVENING PUBLIC HEARING ON JUNE 10,
1997 consideration to accept and file report on
welfare implementation planning; direct the Chair of
the Board to write a letter to the County's
legislative delegation informing them of the County's
continued support for the CSAC/CWDA Welfare Reform
Redesign Proposal and the welfare reform proposals
adopted in the County's 1997 Legislative Program;
direct a report back on or before September 30, 1997
and approve related actions; approved scheduling of an
evening public hearing on welfare reform on June 10,
1997
BASRW
89. Public hearing held to consider the recommendation of
the Planning Commission on a proposal to create 30
single-family residential parcels and three
conservation parcels. Requires a Subdivision and a
Residential Development Permit. Located on the west
end of Hilltop Road, Application No. 93-0719; APN's:
102-131-12, et al. Applicant and Owner: Tan Heights
Associates;
closed public hearing; approved the Negative
Declaration; approved Application No. 93-0719 and
directed Planning to return to the Board on May 20,
1997 for final approval of the amendments to the
conditions
BSRAW
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 20, 1997