PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 99, NUMBER 22
AUGUST 24, 1999
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ACTION SUMMARY MINUTES
VOTING KEY: A = Almquist, B = Beautz, C = Campos;
S = Symons, W = Wormhoudt; first initial indicates maker
of motion, second initial indicates the "second"; upper
case letter = "yes" vote; lower case letter = "no" vote;
() = abstain; // = absent
1. All Supervisors present
Moment of Silence and Pledge of Allegiance
2. Consideration of Late Additions to the Agenda, See
Item No. 50.1, on the Regular 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
WSBCA
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of August 10, 1999, as recommended by
the Clerk of the Board
8. SEE ITEM NO. 43.2, REGULAR AGENDA
9. APPROVED items to be surplus to County needs, as
recommended by the Director of General Services
10. ACCEPTED Equipment and Services for Phase 2 - County
Radio System Infrastructure as completed; approved the
final cost of $681,223.57; and authorized the Clerk of
the Board to file the Notice of Completion, as
recommended by the Director of General Services
11. DENIED claim of Howard B. and Marianne Hamilton No.
900-001 and referred to County Counsel
12. DENIED claim of Frederick D. Jenkins No. 900-011 and
referred to County Counsel
13. DENIED claim of Mario Gallardo No. 900-012 and
referred to County Counsel
14. DENIED claim of Melissa Stone No. 900-015 and referred
to County Counsel
15. DEFERRED actions on the property tax exchange for
LAFCO No. 855 (Freedom/Carey Reorganization - Phase I)
to September 28, 1999, as recommended by the County
Administrative Officer
16. AWARDED contract to Bond Blacktop, Incorporated, in
the amount of $48,125 for the Emeline Campus Parking
Lot Reseal Project; authorized the General Services
Director to sign the agreement; and approved related
actions, as recommended by the Director of General
Services
17. APPROVED agreement with the California Department of
Food and Agriculture (CDFA) to conduct local
inspection of establishments selling petroleum
products under contract; and authorized the
Agricultural Commissioner to sign the contract, as
recommended by the Agricultural Commissioner
18. ADOPTED RESOLUTION NO. 370-99 authorizing the
temporary transfer of funds to the Happy Valley
Elementary School District, Mountain Elementary School
District and to the various Fire Protection Districts;
and directed the County Treasurer-Tax Collector to
take related actions, as recommended by the Auditor-
Controller
19. ADOPTED RESOLUTION NO. 371-99 approving the County's
participation in the application for Caltrans
Transportation Enhancement Activities Program funding
for the Sanctuary Scenic Trail; authorized the County
Administrative Officer to submit the application on
behalf of the Santa Cruz County Sanctuary Inter-Agency
Task Force; and approved related actions, as
recommended by the County Administrative Officer
20. ADOPTED RESOLUTION NO. 372-99 authorizing the District
Attorney to reapply to the State Department of
Insurance for fiscal year 1999/2000 Automobile
Insurance Fraud Program funding in the amount of
$66,282, as recommended by the District Attorney
21. ADOPTED RESOLUTION NO. 373-99 in support of Senate
Bill 984, which would designate a holiday to be known
as "Cesar Chavez Day"; and approved related actions,
as recommended by Supervisors Almquist and Campos
22. APPROVED proposed settlement regarding Edward Oreb,
Continental Casualty Insurance Company v. County of
Santa Cruz (Case No. CV 134016), as recommended by
County Counsel
23. APPROVED lease agreement for Challenge Grant Day
Treatment Program Site in Watsonville; and approved
related actions, as recommended by the Chief Probation
Officer
24. ADOPTED RESOLUTION NO. 374-99 fixing the 1999/2000 tax
rates and the allowance for unsecured tax
delinquencies, as recommended by the Auditor-
Controller
24.1 SEE ITEM NO. 43.3, REGULAR AGENDA
25. APPROVED three gross pay adjustments in the amounts of
$184.76, $299.35 and $247.50 within the Health
Services Agency, as recommended by the Health Services
Agency Administrator
26. APPROVED addition of 1.0 FTE Payroll Clerk and
deletion of .75 FTE Typist Clerk II; and requested
Personnel to classify the new position, as recommended
by the Health Services Agency Administrator
27. APPROVED an agreement with the HIV Education and
Prevention Project; and authorized the Health Services
Agency Administrator to sign certain amendments to the
State-funded Education and Prevention agreements with
SCAP, Salud, and the HIV Education and Prevention
Project, as recommended by the Health Services Agency
Administrator
28. AUTHORIZED the Auditor-Controller to make advance
payments for September 1999 on contracts with the
Santa Cruz Community Counseling Center, Volunteer
Center of Santa Cruz and Front Street, Incorporated,
as recommended by the Health Services Agency
Administrator
29. APPROVED agreement with Merrill House, Incorporated,
in the amount of $54,000 through June 30, 2000; and
approved new master agreement for psychiatric nursing
services and consultation, as recommended by the
Health Services Agency Administrator
30. AUTHORIZED the Health Services Agency Administrator to
sign the standard agreement for the AIDS Drug Program
for July 1, 1999 through June 30, 2000; and adopted
RESOLUTION NO. 375-99 accepting unanticipated revenue
to help support the operation of the AIDS Drug
Assistance Program, as recommended by the Health
Services Agency Administrator
31. APPROVED the bylaws of the Santa Cruz-Monterey Managed
Medical Care Commission, as adopted by the Commission
on July 28, 1999, as recommended by the Health
Services Agency Administrator
32. DEFERRED report on the Intrastate Funding Formula
allocation to the local Area Agency on Aging to
September 28, 1999, as recommended by the Human
Resources Agency Administrator
33. DEFERRED report on Community Programs to September 28,
1999, as recommended by the Human Resources Agency
Administrator
34. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY
SANITATION DISTRICT, ACCEPTED low bid of Wysong
Construction in the amount of $619,240 for the
Davenport Oldtown Sewer Reconstruction Project;
authorized the award of contract; approved Contract
Change Order Policy; and authorized the District
Engineer to sign the contract, as recommended by the
District Engineer
35. ADOPTED RESOLUTION NO. 376-99 accepting Parcel "A"
along the northwest side of Jose Avenue into the
County Maintained Road System, as recommended by the
Director of Public Works
36. APPROVED Contract Change Order No. 1 in the amount of
$20,000 for construction services for the repair of
storm damage at Morrell Road and Old Santa Cruz
Highway; authorized the Chairperson to sign the
contract change order; and approved related actions,
as recommended by the Director of Public Works
37. AUTHORIZED the Director of Public Works to sign the
California Conservation Corps Annual Pajaro Storm
Drain Maintenance agreement in the amount of $13,950;
and approved related actions, as recommended by the
Director of Public Works
38. APPROVED the change requests for Tract 1304, Seascape
Uplands, as recommended by the Director of Public
Works
39. SEE ITEM NO. 43.1, REGULAR AGENDA
40. SCHEDULED public hearing for the morning agenda of
September 28, 1999 to consider the adoption of the
2000 Annual Population Growth Goal, as recommended by
the Planning Director
41. APPROVED agreement in the amount of $10,820 (which
includes a $2,000 contingency) with Bowman and
Williams to prepare construction documents,
construction staking and construction observation
services for repair of Valencia Creek embankment at
Polo Grounds County Park; authorized the Director of
County Parks to sign the agreement; and to sign Design
Change Orders in an amount not-to-exceed $2,000, as
recommended by the Director of Parks, Open Space and
Cultural Services
42. 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.: County of Santa Cruz, County Service
Area No. 54 v. Mt. Charlie Waterworks, Incorporated
(Santa Cruz Superior Court Case No. 133807); Pierce v.
State of California et. al. (Santa Cruz Superior Court
No. 133560)
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 LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation was considered
pursuant to subdivision (b) of Government Code 54956.9
for one potential case.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Personnel Director
All Employee Organizations
REPORT OF COUNTY COUNSEL - The Board approved the
stipulated judgement to acquire the Mt. Charlie Water
Works Inc. water system for the amount of $140,000
payable in installments (BSWCA); The Board approved
payment of the claim of Larry Abitbol, Bay Photo, in
the amount of $5,800 (BSWCA)
42.1 APPROVED plans, specifications and engineer's estimate
for Lomond Terrace Road Improvement Project, County
Service Area No. 28; authorized calling for bids; set
bid opening for Tuesday, September 21, 1999; and
approved related actions, as recommended by the
Director of Public Works
42.2 AUTHORIZED the Chairperson of the Board to sign the
claim release forms on behalf of the County for the
repair of Old Summit Road; and adopted RESOLUTION NO.
377-99 accepting unanticipated revenue in the amount
of $29,157 into the Road Fund, as recommended by the
Director of Public Works
REGULAR AGENDA
43. CONTINUED TO SEPTEMBER 21, 1999 consideration of
proposed Ordinance amending Chapter 2.84 of the Santa
Cruz County Code reducing the Membership of the
Alcoholism and Drug Abuse Commission
43.1 CONTINUED TO SEPTEMBER 21, 1999 consideration to
accept site improvements for Rio Highlands, Tract 1343
as completed; adopt resolution accepting Parcels B and
C into the County Maintained System; and approve
related actions; with an additional directive that
Public Works report back on the issue of the
landscaping; report back on the further improvements
being done outside of the building envelope and that a
certified letter with a map be sent to everyone on
that side of the street that's affected by this,
indicting where the building envelope ends, and that
they are not allowed to put anything else in their
backyard; and further return with a report that
indicates this issue of substantial compliance, this
issue of how the tentative and the final map are in
compliance and what happened
BSWCA
43.2 ACCEPTED AND FILED notification of continuing
contracts received during the period of August 16,
1999 through August 20, 1999 and approved upon
adoption of the 1999/00 continuing agreements list to
comply with Section 300 of the County's Procedures
Manual, Title 1, as amended, APPROVED Contract No.
90642-01 with the Santa Cruz Art and History Museum,
with an additional directive that the Board get a work
plan within 30 days for this year; and henceforth in
the budget documents for Parks, that the Board get a
full description from now on as to how this money is
going to be used on a year-to-year basis
BWSCA
43.3 APPROVED recommendation for cancellation of the
September 14, 1999 Board of Supervisor's meeting; and
approved related actions; with an additional directive
that the County Administrative Officer at the time a
tentative agreement is ratified by SEIU and the item
is brought back to the Board that: the Board and the
public receive the materials no later than the
Thursday preceding the Tuesday in which the item is to
be considered; that the Board letter include a
statement of the cost estimates of the various items
that have been agreed to based on the cost information
that's been provided to the Board in closed session;
and that the sources of the funding for those items be
disclosed, basically whether it's a budgeted item
being taken out of reserve account
ABSwC
44. The Board of Supervisors recessed in order to permit
the Board of Directors of the County of Santa Cruz
Flood Control and Water Conservation District, Zone 5,
to convene and carry out its regularly scheduled
meeting
45. CONSIDERED report on the status of Timber Harvesting
Regulations;
accepted and filed staff report; authorized the
Planning Director to file appeals on any timber
harvest permit which fails to comply with the
requirements of Ordinance No. 4529 or for any other
appropriate and documented reason; scheduled public
hearing on November 9, 1999 to consider the set of
policy/ordinance amendments, including the
modifications, approved by the California Coastal
Commission and the other less restrictive
policy/ordinance amendments; and asked that Chair
Almquist, if appropriate, at the September 14, 1999
Board of Forestry meeting, include in his remarks that
the Board of Supervisors are very appreciative of the
Agency's attempts to develop their own suggestive set
of rules and that they are in general supportive of
the direction in which they are going
WBsCA
46. RECEIVED bids regarding Whitehouse Creek Road Storm
Repair Project, Whitehouse Canyon - County Service
Area No. 18 and referred to Public Works to return
later this day with a recommendation (see Item No.
50.2)
WSBCA
47. RECEIVED bids regarding Brommer Maintenance Yard
Roofing Project and referred to Public Works to return
with a recommendation on or before September 21, 1999
WBSCA
48. RECEIVED bids regarding Robak Drive Tree Removal and
Pruning Project, County Service Area No. 16 and
referred to Public Works to return later this date
with a recommendation (see item No. 50)
BWSCA
49. Continued consideration of options to reduce water
quality impacts associated with Santa Cruz
Biotechnology Biomedical Livestock Operations through
the implementation of interim non-structural measures;
and review of proposed issuance with conditions of
emergency approval for existing tents;
authorized the Planning Director to issue an emergency
coastal zone approval for relocation of fencing and
small structures associated with pen areas, including
the existing tent in the vicinity of the western barn
complex referenced in the August 17, 1999 motion, and
relocation of a drainage pipe in the vicinity of the
eastern barn complex including a condition pertaining
to the timing for submission of an application for a
regular Coastal Zone permit and a condition that the
goats be kept out of the riparian area until there is
an approved master plan which might better inform the
Board on appropriate conditions for the use of that
area; authorized the Planning Director to process an
application for a regular Coastal Zone approval,
requiring a noticed public hearing before the Zoning
Administrator, for construction of a secondary
containment facility associated with the existing
above-ground fuel storage tank and restoration of the
eroding gully on the property; a manure management
program be instigated as soon as possible including a
manure haul-away program that would be in place by
October 1st and that this manure management program
would include conditions for the storage of the manure
that was to be hauled away that were environmentally
appropriate and located in close proximity of the
roads so that no new roads would be developed as a
result of that;
amended motion regarding manure only to read: if the
manure can be managed on site, that is fine, if not,
the manure haul-away program would be immediately put
in place to remove the manure from the property;
that the Planning Department include as a condition of
each of these approvals, execution of a Waiver and
Indemnification Agreement, and a statement of
acknowledgment by the applicant that the work
completed pursuant to these approvals is being
undertaken at their own risk, and that subsequent
approval of the Master Plan may require relocation or
removal of the improvements; and that instead of
getting into the issue of processing a new permit for
tents which are arguably structures in the coastal
zone, that the Board simply agree that enforcement
will not be a priority on that issue and that matter
will be left in abeyance until after consideration of
the Master Plan
WBscA
50. ACCEPTED low bid of Lewis Tree Service in the amount
of $14,960 for County Service Area No. 16, Robak Drive
Tree Removal and Pruning Project; and authorized the
Director of Public Works to sign the contract on
behalf of the County, as recommended by the Director
of Public Works
BCSWA
50.1 Accepted request to add late item to the agenda
according to criteria as specified, that being a need
to take action to avoid injury or detriment to the
public or employees arose subsequent to the printed
agenda being posted (BCSWA);
AUTHORIZED County Counsel to sign an agreement to
defend and indemnify The Carney Law Firm against any
claim arising from any work performed for the County
Counsel's Office by an attorney who is a member of the
firm, as recommended by County Counsel
BWSCA
50.2 CONTINUED TO SEPTEMBER 21, 1999 consideration of low
bid for Whitehouse Canyon, Whitehouse Creek Road Storm
Repair Project, County Service Area No. 18; and take
related actions
WSBCA
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 September 21, 1999