Santa Cruz County Board of Supervisors Minutes: 2/26/2002

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2002, NUMBER 6
Tuesday, February 26, 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. See Item No. 47.1
3.		Additions and Deletions to the Consent Agenda. See Item No. 47
4.		ORAL COMMUNICATIONS - two 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 5, 2002 and February 12,

2002, as recommended by the Clerk of the Board

8.   DELETED ITEM

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.   ADOPTED ORDINANCE NO. 4654 Authorizing Amendment to the Contract between the County of Santa Cruz and the Board of Administration of the California Public Employees Retirement System

11.   ADOPTED ORDINANCE NO 4655 Adding Chapter 2.124 of the Santa Cruz County Code Entitled "The In-Home Supportive Services Advisory Commission of the County of Santa Cruz"

12.   REJECTED the claim of Lucille A. Ball, No. 102-082 and referred to County Counsel

12.1.   REJECTED the claim of Lisa Schweitzer, No. 102-083 and referred to County Counsel

13.   DENIED the application to file a late claim on behalf of Cecil Robinson, No. 102-092 and referred to County Counsel

14.   REJECTED the claim of Michael Shaw, Joanne Shaw, JN and MC Shaw Management Corporation, doing business as JM Management Company, No. 102-097 and referred to County Counsel

15.   APPROVED pay adjustment in the amount of $88.40 for a Sheriff's Office employee, as recommended by the Sheriff-Coroner

16.   DEFERRED recommendations regarding the Sheriff's Office Special Vehicles and Evidence Storage to March 5, 2002, as recommended by the Sheriff-Coroner

17.   ACCEPTED Treasurer's monthly cash report and transaction report for the period ending January 31, 2002 and approved related action, as recommended by the Treasurer-Tax Collector

18.   APPROVED appointment of Janet McGinniss to the Seniors Commission for a term to expire April 1, 2005, as recommended by Supervisor Almquist

19.   ACCEPTED nomination of Thomas Dwyer for reappointment to the Board of Law Library Trustees, for a term to expire December 31, 2002, with final appointment to be made March 5, 2002, as recommended by Supervisor Almquist

20.   ACCEPTED nomination of Michael Barsi for reappointment to the Board of Law Library Trustees, for a term to expire December 31, 2002, with final appointment to be made March 5, 2002, as recommended by Supervisor Campos

20.1.   SEE ITEM NO. 48.1, REGULAR AGENDA

21.   APPROVED appointment of Terry Hancock as the alternate to Supervisor Pirie on the Santa Cruz County Regional Transportation Commission, as recommended by Supervisor Pirie

22.   SEE ITEM NO. 57.3, REGULAR AGENDA

23.   ACCEPTED nomination of Ruth A. Keeley for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2002, with final appointment to be made March 5, 2002, as recommended by Supervisor Beautz

24.   APPROVED amendment of the term of office of Dale Skillicorn on the Housing Authority Board of Commissioners to reflect a date of February 12, 2006, as recommended by Chairperson Beautz

25.   APPROVED appointment of Charles Molnar as the representative of the Seniors Commission on the Domestic Violence Commission, as recommended by Chairperson Beautz

26.   ACCEPTED AND FILED annual report of the Public Health Commission and approved related action, as recommended by Chairperson Beautz

27.   ACCEPTED AND FILED annual report of the Latino Affairs Commission and approved related action, as recommended by Chairperson Beautz

28.   APPROVED appointment of Supervisor Wormhoudt to serve as the Board's alternate to the Association of Monterey Bay Area Governments Board of Directors, as recommended by Chairperson Beautz

29.   ACCEPTED notification of various at-large vacancies on the Children and Families Commission, the Environmental Health Appeals Commission, the Hazardous Materials Appeals Commission and the Long Term Care Interagency Commission, as outlined, with nominations for appointment to be received on March 12, 2002, and final appointment to be made March 19, 2002, as recommended by Chairperson Beautz

30.   ACCEPTED AND FILED annual report of the Equal Employment Opportunity Commission and approved related action, as recommended by Chairperson Beautz

31.   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

32.   DIRECTED the Health Services Agency to return on April 9, 2002 on long term care services and Elderday facility options, as recommended by the Health Services Agency Administrator

33.   APPROVED agreements or amendments to agreements with the State of California, Central Coast Alliance for Health, Salud Para La Gente, Santa Cruz Aids Project, Front Street, Incorporated, Cabrillo College and Peter Graney to provide various health services and authorized the Health Services Agency Administrator or their designee to sign, as recommended by the Health Services Agency Administrator

34.   AUTHORIZED the Human Resources Agency Administrator to sign the contract amendment in the amount of $23,000 with HomeBase for preparation of the 2002 HUD Homeless Assistance funding application; authorized the Human Resources Agency Administrator to sign an amended Memorandum of Understanding with the City of Santa Cruz for cost sharing for this project; adopted RESOLUTION NO.47-2002 accepting and appropriating unanticipated revenue in the amount of $11,500 from the City of Santa Cruz; and directed the Human Resources Agency Administrator to return to the Board on or before May 21, 2002 with recommendations regarding selected projects to be included in the application, as recommended by the Human Resources Agency Administrator

35.   SEE ITEM NO. 57.1, REGULAR AGENDA

36.   SEE ITEM NO. 57.2, REGULAR AGENDA

37.   DEFERRED progress report on the Planning Department's Code Compliance Program to March 12, 2002, as recommended by the Planning Director

38.   ACCEPTED AND FILED Planning Department's quarterly report, as recommended by the Planning Director

39.   ADOPTED RESOLUTION NO. 48-2002 accepting a grant in the amount of $5,000 from the Department of Fish and Game for reimbursement of costs related to participation in the oil spill prevention and response planning process; adopted RESOLUTION NO. 49-2002 accepting and appropriating a total of $5,000 in unanticipated revenue between the General Services and the Planning Department budgets; and approved related actions, as recommended by the Directors of Planning and General Services

40.   ADOPTED RESOLUTION NO. 50-2002 accepting Parcel "A" Diana Drive and Parcel "B", off Dougmar Drive, into the County maintained road system, as recommended by the Director of Public Works

41.   ACCEPTED site improvements for Tract 1427, The Grove, and adopted RESOLUTION NO. 51-2002 accepting Parcel "A" Muriel Drive into the County maintained road system and approved related actions, as recommended by the Director of Public Works

42.   ACCEPTED AND FILED the Park Ranger Patrol Report, as recommended by the Director of Parks, Open Space and Cultural Services

43.   APPROVED contract with Mela Lyman in the amount of $10,000 for the Live Oak Swim Center improvements; adopted RESOLUTION NO. 52-2002 accepting $5,735 in unanticipated revenue; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

44.   SCHEDULED public hearings on Tuesday, March 19, 2002 and Tuesday, April 23, 2002 on the morning agendas, at 9:00 a.m. or thereafter to consider the proposed parking maintenance and operation charges for the Soquel Village Parking and Business Improvement Area for the 2002-2003 fiscal year and directed the Clerk of the Board to approved related actions, as recommended by the Redevelopment Agency Administrator

45.   DELETED ITEM

46.   ACCEPTED AND FILED report on the County's Emergency Housing Assistance services and approved related actions, as recommended by the Redevelopment Agency Administrator

47.   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 v. E.A. Hathaway & Company, et al. Santa Cruz County Superior Court Case No. CV 138598

Case Name/No.:In re PG&E, United States Bankruptcy Court, San Francisco Division, Case No. 01-30923 DM (Chapter 11)

Case Name/no.:Griffith v. County Utility Tax, Court of Appeal, Sixth Appellate District, Case No. H019505

LIABILITY CLAIMS

Claimant(s):Gladys Anderson v. County of Santa Cruz, WCAB No. SAL 92816

PERSONNEL SESSION:County Counsel

REPORT OF COUNTY COUNSEL - In the matter of Gladys Anderson v. County of Santa Cruz, WCAB No. SAL 92816, the Board of Supervisors authorized settlement of a Workers' Compensation claim through a compromise and release for the sum of $6,606 and the reinstatement of 352 hours of paid leave and 15 hours of compensatory time to Ms. Anderson
PWCAB

47.1.   ACCEPTED request of the County Administrative Officer to add late item to the consent agenda, and that the Board of Supervisors determine, by four-fifths vote of its members present at the meeting, that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted and added a late item to the consent agenda as follows: In order to protect the public from continued excessive rates being charged by Pacific Gas and Electric Company, and in order for the Board to consider signing a petition being submitted to the California Public Utilities Commission on Wednesday, February 27, 2002, it is necessary for the Board to consider this matter on the agenda of February 26, 2002, as recommended by Chairperson Beautz
AWPCB

REGULAR AGENDA

48. Presented Employee Recognition Awards and Proclamations to the Year 2001 Employee Award Winners

CONSENT AGENDA
CWPAB

48.1. ADOPTED RESOLUTION NO. 53-2002 rescinding the action taken by the Board of Supervisors in 1943 which resulted in the adoption of a resolution protesting the release of Japanese and Japanese Americans from relocation camps, and approved related action
CWPAB

REGULAR AGENDA

49.   Public hearing held to consider approval of the Conceptual Pinto Lake County Park Master Plan; closed public hearing; approved the Conceptual Pinto Lake County Park Master Plan
AWPCB

50.   Public hearing held on County Service Area (CSA) 34 Larsen Road 2002/2003 Benefit Assessment; closed public hearing; requested submittal of ballots/for CSA 34, Larsen Road 2002/2003 assessments; and directed the Department of Public Works to count CSA No. 34, Larsen Road assessment ballots and return with a tabulation and certification of the ballots on March 12,2002
AWPCB

51.   Public hearing held on County Service Area (CSA) 36 Forest Glen, King Road Zone 2002/2003 Benefit Assessment:

closed public hearing; approved the Amended Engineer's Report for CSA No.36, Forest Glen King Road Zone to include $25.00 per year for parcel No. 041-121-63; requested submittal of ballots for CSA No. 36, Forest Glen, King Road Zone 2002/2003 assessments; and directed the Department of Public Works to count CSA No. 36, Forest Glen, King Road Zone assessment ballots and return with a tabulation and certification of the ballots on March 12,2002
PCWAB

52.   APPROVED appointment of Jan Nelson to the Workforce Investment Board, as an at-large representative of the public sector for the older adult worker, in accordance with County Code Chapter 2.110, Section 20, for a term to expire June 30, 2002
ACPWB

53.   Continued to March 5, 2002 public hearing to consider amendments to the County Local Coastal Program and implementing Ordinances relating to the Watsonville High School Memorandum of Understanding
ACPWB

54.   Continued consideration of a policy to require the approving body must make certain findings as part of approval of a residential development that is below the General Plan Density Range, including information about the amount of Affordable Housing in each district, including the incorporated cities;

accepted and filed report; approved "in concept", the proposed amendments to County Code Chapter 18.10, to add a process to review applications that are not consistent with the General Plan density range; directed the Planning Department to process the ordinance amendments, develop any required administrative procedures and return on or before June 11, 2002 for final adoption of the ordinance; and accepted and filed the report of County Counsel regarding the history of the General Plan policies
AWpCb

55.   Considered Resolution of Support for Measure "N"-Stop Seawater Intrusion and considered groundwater management options, including the option to declare a groundwater emergency in the event that Measure N does not pass, and related actions;

(1) accepted and filed report;

(2) ADOPTED RESOLUTION NO. 54-2002 in Support of Measure N;

(3) and discussed groundwater management options to consider in the

event Measure N is not adopted and directed Planning and

Environmental Health Services staff to report back on March 19, 2002

with further information regarding these options
PA(W)CB

56.   RECEIVED bids regarding Automatic Controllers for the Simpkins Center Entrance Doors and referred to the General Services Department to return on or before March 19, 2002 with a recommendation on awarding of bid
AWPCB

57.   RECEIVED bids regarding Spanish Ranch Road PM 0.20 Storm Damage Repair and referred to the Public Works Department to return on or before March 19, 2002 with a recommendation on awarding of bid
AWPCB

CONSENT AGENDA
AWPCB

57.1.   APPROVED contract with Hutton Sherer in an amount not-to-exceed $28,500 to develop a marketing plan with Workforce Investment Act Incentive and Administrative Funds; authorized the Human Resources Agency Administrator to sign the contract; and authorized the Human Resources Agency Administrator to act on behalf on the County in all matters pertaining to the contract and to make modifications as needed to the Scope of Work that do not change the dollar amount or overall purpose of the contract; with a additional direction that the Human Resources Agency Administrator report back on April 9, 2002 with a response to some of the allegations made by Mr. Holland about the way the Workforce Investment program is operating and whether or not it is meeting its outcomes
AWPCB

57.2.   APPROVED contract in the amount of $31,299 with Community Bridges for CalWORKs related legal services and authorized the Human Resources Agency Administrator to sign the agreement on behalf of the County, as recommended by the Human Resources Agency Administrator
AWPCB

57.3.   SCHEDULED public hearing on March 19, 2002 at 9:00 a.m. or thereafter to consider Application No. 00-0742 regarding the proposed cell tower on Bonita Drive, as provided under Santa Cruz County Code Section 18.10.350
WPCAB

REGULAR AGENDA

58. CONTINUED TO MARCH 12, 2002 at 7:30 p.m. consideration of Planning Commission's denial of Application #98-0148 to construct 12 semi-detached and 46 detached townhouses in three phases on a common parcel with a minimum "Restricted Common Area" of 3,000 square feet minimum per dwelling unit; three new roads: "Bowman Court", Bowman Circle" and an emergency access drive; five parking areas totaling 28 spaces; drainage systems discharging to an existing pond and to an existing gully along Porter Gulch Creek; two retaining walls up to four feet in height and one retaining wall up to eight feet in height; and an overlook. Grading on Parcel 037-251-21 consists of 4,800 cubic yards of cut and fill, and grading on Parcel 037-251-22 consists of 5,200 cubic yards of cut and fill. The rear of both parcels would be retained as open space. The project requires a Subdivision, Roadway/Roadside Exceptions, a Riparian Exception for the drainage systems releasing into the Riparian Corridor, and Preliminary Grading Approval; and

Public hearing held to consider the developer's revised proposal to construct four semi-detached townhouses and (29) detached townhouses, in two phases, on a common parcel with a minimum restricted common area of 3,000 square feet minimum per dwelling unit; two new private streets and an emergency access drive; four parking areas totaling (19) spaces; drainage systems discharging into an existing gully along Porter Gulch Creek; two retaining walls up to four feet in height and one retaining wall up to six feet in height, grading on APN 037-251-21 consists of 7,690 cubic yards of cut and fill, balanced on the site. The rear (Riparian Woodland) of the parcel, an area totaling 8.5 acres, would be maintained as open space. The proposed lot line adjustment between APN 037-251-21 and 037-251-22 results in the transfer of 5.05 acres to APN 037-251-22. The project requests a Subdivision, Roadway/Roadside Exceptions, Riparian Exception, Preliminary Grading approval, and a Lot Line Adjustment. Property located on the south side of Cabrillo College Drive and south side of Soquel Drive, just east of Atherton Drive, in Aptos;

WITH ADDITIONAL DIRECTIVE: staff return with information on the maintenance of the easement by the Homeowners' Association, the standards of maintenance, as well as enforcement provisions and the condition for access easement
WAPCB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS