Santa Cruz County Board of Supervisors Minutes: 3/12/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 8
Tuesday, March 12, 2002

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, A = Almquist; 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 the Consent Agenda, See Item No. 35.1
4.		ORAL COMMUNICATIONS - three people addressed the Board
5.		Additions and Deletions to Regular Agenda

CONSENT AGENDA

6.   APPROVED claims as submitted by the Auditor-Controller

7.   APPROVED minutes of February 26, 2002, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 28, 2002 through March 6, 2002 and approved upon adoption of the 2001/02 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.   APPROVED the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waived a detailed reading of said ordinances, as recommended by County Counsel

10.   DENIED the application to file a late claim on behalf of Mr. Jesse A. Johnson, No. 102-073 and referred to County Counsel

11.   REJECTED the claim of Christiane Jennings, No. 102-090, as insufficiently filed and referred to County Counsel

12.   REJECTED the claim of Rene and Laurie Schlaepfer, No. 102-091 and referred to County Counsel

13.   REJECTED the claim of Luis Antonio Cortez, No. 102-093 and referred to County Counsel

14.   REJECTED the claim of Sebrina Navarro, No. 102-094 and referred to County Counsel

15.   REJECTED the claim of Susan and Michael Smith, No. 102-096 and referred to County Counsel

16.   REJECTED the Claim of Don Williams, No. 102-099 and referred to County Counsel

17.   ADOPTED RESOLUTION NO. 68-2002 declaring elected the unopposed Central Committee and County Council candidates who have filed Declarations of Candidacy for the March 5, 2002 Primary Election, as recommended by the County Clerk

18.   ADOPTED RESOLUTION NO. 69-2002 accepting and appropriating $110,083 in unanticipated revenue from the California Law Enforcement Technology Purchase Program; approved funding for the purchase of a message switcher in the amount of $59,083; and authorized the purchase of laptop computers in the amount of $51,000, as recommended by the Sheriff-Coroner

18.1.   ACCEPTED nomination of Rama Khalsa, Cecilia Espinola and Maria Castro for reappointment as at-large representatives to the Children and Families Commission, for terms to expire April 1, 2003, with final appointment to be made March 19, 2002, as recommended by Supervisor Almquist

19.   DIRECTED the Planning Department to conduct two evening community meetings to review the Aptos Village Plan, as most recently amended on June 18, 1985, to determine whether changes should be considered; directed the Planning Department to return on or before June 11, 2002, with a report outlining the results of the community meetings and their recommendations for suggested changes to the Aptos Village Plan and approved related actions, as recommended by Supervisor Pirie

20.   ADOPTED RESOLUTION NO. 70-2002 approving withdrawal from the Joint Exercise of Powers Agreement establishing the Criminal Justice Planning Board, Region M, as recommended by Chairperson Beautz

21.   ACCEPTED nominations of Michael Molesky, William McMullen, Donna Echols, Patrice LaFollette, Sandra Seeger, Roger McKowan, Charles Levine, and Sherry Sibley Hall for appointment as at-large members of the In-Home Supportive Services Advisory Commission, effective March 29, 2002, in the categories indicated, with final appointment to be made March 19, 2002, as recommended by Chairperson Beautz

22.   APPROVED appointment of Carole Mulford to the Children and Youth Commission, as the at-large representative of the County Office of Education, for a term to expire April 1, 2003, as recommended by Chairperson Beautz

22.1.   ACCEPTED nomination of Karen Martin, Al Holbert, Lenore Wilkerson, Roger McKowan, Vicki West, Larry Friedman, and Elizabeth Sparks for reappointment as at-large representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2006, with final appointment to be made March 19, 2002, as recommended by Chairperson Beautz

23.   ACCEPTED AND FILED report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Administrator

24.   ADOPTED RESOLUTION NO. 71-2002 accepting and appropriating $29,696 in unanticipated revenue for public health bioterrorism prevention and response; approved the purchase of various fixed assets; and approved related actions, as recommended by the Health Services Agency Administrator

25.   DIRECTED the Health Services Agency to release the draft Request for Proposal (RFP) for Emergency Ambulance Advanced Life Support Transport Services for public comment and review and directed the Health Services Agency to return on April 23, 2002 with a final RFP for Board approval, as recommended by the Health Services Agency Administrator

26.   ADOPTED RESOLUTION NO. 72-2002 supporting Senate Bill 1301, The Reproductive Privacy Act, and directed the Chairman of the Board to convey that support to the Governor; with an additional directive to send a copy of the resolution to Senator Sheila Kuehl, Senator McPherson, Assembly Member Keeley, and Assembly Member Salinas

27.   SEE ITEM NO. 38.1 REGULAR AGENDA

28.   ACCEPTED certification of the results of County Service Area No. 34, Larsen Road Zones "A" through "C" and County Service Area No. 36, Forest Glen, King Road Zone elections; adopted RESOLUTION NO. 73-2002 authorizing and levying an assessment for road maintenance and operations within the CSAs for the 2002/2003 fiscal year and each year following; and approved related actions, as recommended by the Director of Public Works

29.   ADOPTED RESOLUTION NO. 74-2002 accepting and appropriating revenue in the amount of $29,000 for engineering services for the discretionary permit application review in the Public Works Department, as recommended by the Director of Public Works

30.   ACCEPTED AND FILED report on the Buena Vista Landfill Gas Power Project and directed Public Works to return with a status report on or before September 24, 2002, as recommended by the Director of Public Works

31.   SEE ITEM NO. 38.2, REGULAR AGENDA

32.   SEE ITEM NO. 38.3, REGULAR AGENDA

33.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED revisions to the Security Deposit/Last Month's Rent Guarantee Program to cap individual security deposit grants to $1,000 and provide a one-time increase in the Program's current contract with the Housing Authority of the County of Santa Cruz by $30,000, as recommended by the Redevelopment Agency Administrator

34.   SEE ITEM NO. 38.2, REGULAR AGENDA

35.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.:In re Dismissal of Alan Johnson, Santa Cruz Superior Court No. 141678

Case Name/No.:Topsail Court Homeowners Association v. County of Santa Cruz, Superior Court Case No. 137285

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case

REPORT OF COUNTY COUNSEL - No report given

35.1.   DIRECTED the County Administrative Officer to provide a report to the Board on March 19, 2002 outlining the steps that have been taken to terminate the collection of the utility tax, a summary of previous Board directions concerning steps to be taken in the event of the repeal of the utility tax and the options available to the Board to reduce expenses in the current and future years, as recommended by Supervisor Pirie

REGULAR AGENDA

36.   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 7, to convene and carry out a special meeting

37.   CONTINUED TO MAY 7 2002 public hearing to consider the Planning Commission's recommendation regarding amendments to the County's Grading Ordinance regarding revised design standards for private roads, driveways and bridges
WAPCB

38.   CONTINUED TO APRIL 9, 2002 consideration of proposed amendments to the Affordable Housing Ordinance
CAPWB

CONSENT AGENDA
WAPCB

38.1.   ACCEPTED AND FILED status report on the Planning Department's Code Compliance Program; (2) this recommendation is deleted (3) approved the implementation of a non-enforcement policy for any structure that has existed prior to 1980, unless the structure presents a health or safety risk, serious environmental problem, or constitutes a use violation; (4) directed Planning Staff to develop further recommendations regarding non-enforcement policies for older use violations, for consideration on September 17, 2002, and include a report back on the number of cases that exist in each category of magnitude and the number of cases that are in active and inactive status; (5) approved the policy regarding code compliance site inspections which are the result of a citizen complaint, as outlined, in the letter of March 1, 2002; with an additional direction to report back on cases involving second units on May 21, 2002 in conjunction with the issue of an amnesty program for second units; (6) change the language on page four under Priority A-2 to eliminate the words "off-site"; (7) strike the words "over-height, rear and side yard fences and minor riparian violations" from the third bullet on page three of the report dated March 1, 2002; (8) report back on September 17, 2002 the policy change in paragraph five of the written report compiling the cases where in other types of violations have been cited beyond that which was the subject of the complaint; (9) report back on September 17, 2002 on the advisability of parallel language in Chapter 12.01.070(c) and 1.12.060 dealing with the discretion to issue or not issue permits when other violations exist on the property; (10) report back on September 17, 2002 on regarding establishing a longer statute of limitations to challenge the propriety of a red tag; (11) directed the County Administrative Officer to report back on May 21, 2002 regarding the facts related to the red tag in Mr. Bowden's case; (12) by consensus, the Board directed Planning to identify categories of issues requiring permits and the necessary levels of review and report back, in conjunction with the Unified Building Code updates, with recommendations as to how these issues may be handled from an enforcement or permitting standpoint, as well as, the opportunity for licensed professionals to be partners in the certification process
WAPCB

38.2.   ACCEPTED AND FILED Feasibility Report for the Proposed San Lorenzo Valley Redevelopment project; adopted RESOLUTION NO. 75-2002 revising boundaries for the Survey Area of the project; and directed staff to proceed with the next steps in the redevelopment process; with additional directive that the Redevelopment Agency report back regarding any kind of other financial agreements that have to be made prior to the Boards approval of an EIR contract; and AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract with Seifel Consulting, Incorporated to prepare various studies related to establishing the San Lorenzo Valley Redevelopment Project Area, as recommended by the Redevelopment Agency Administrator
WCPAB

38.3.   APPROVED grant in the grant of $75,000 for the Above-the-Line Project, to be funded from the County's Housing Fund and approved related actions, as recommended by the Redevelopment Agency Administrator
WAPCB

REGULAR AGENDA

39. Continued public hearing to consider Planning Commission's denial of Application #98-0148 closed public hearing; approved the following project "in concept"; 1) a revised proposal to construct (26) detached townhouses, in phases on a common parcel with a minimum restricted common area of 3,000 square feet minimum per dwelling unit; one new road "Bowers Court" (access to Cabrillo College Drive across APN 037-241-39); emergency access; on site parking areas; drainage systems discharging to an existing gully along Porter Gulch Creek; retaining walls four feet to seven feet in height; grading consists of 5,628 cubic yards of cut and fill, balanced on the site. The project requires a Subdivision, Lot Line Adjustment, Roadway/Roadside Exceptions, a Riparian Exception for the drainage systems releasing into the Riparian Corridor, a Preliminary Grading Approval. Property is located on the North and West sides of Cabrillo College Drive, South of Soquel Drive, East of Atherton Drive, in Aptos; directed Planning staff to return on March 19, 2002 with final documents for approval conditioned on all conditions contained in the February 26, 2002 and March 12, 2002 staff reports unless contrary to conditions as stated in this motion; (a) the four Measure J units be built on site; (b) all references in the conditions that would deny access to the creek area be removed; (c) no deed restriction or conditions placed on the separate piece of property on the north; (d) change the conditions regarding access to Cabrillo College Drive as an eminent domain is not required; (e) on page 20 of the Conditions of Approval, Items H, J, K and L ,improvement and developer fees, be charged by Phasing; (f) remove condition D, on page 14 of the staff report, regarding the trees

2) Amended motion to include the lot line description as follows: a lot line adjustment transferring 6.481 acres from APN 037-251-22 to APN 037-251-21 resulting in two parcel of 14.916 acres (Parcel A-Soquel Drive frontage) and 2.965 acres (Parcel B-Cabrillo College Drive frontage), with the buffer zone from the south parcel added to the north parcel; and include the condition on page 245 which requires that the north parcel by developed by the owner at a density that is no lower than what is recommended by the general plan density for that parcel
(1) PAWCb
(2) ACpWb

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS