PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 2001, NUMBER 21
AUGUST 21, 2001
********************************************************************
ACTION SUMMARY MINUTES
VOTING KEY: A = Almquist, B = Beautz, C = Campos;
P = Pirie, 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, See Item
Nos. 41 and 41.1 and Deleted Item Nos. 20, 22, 31 and
36
4. ORAL COMMUNICATIONS - Four people addressed the Board
5. Additions and Deletions to Regular Agenda
CONSENT AGENDA
WABPC
6. APPROVED claims as submitted by the Auditor-Controller
7. SEE ITEM NO. 42.1, REGULAR AGENDA
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of August 13,
2001 through August 17, 2001 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. APPROVED contract amendment with Kasavan and
Associates, Architects to provide for design and
architectural services related to the Replacement of
the Modular Court Facilities and approved related
actions, as recommended by the County Administrative
Officer
11. ADOPTED RESOLUTION NO. 347-2001 authorizing the
District Attorney to reapply to the California
Department of Insurance for $94,870 in fiscal year
2001-2002 Workers' Compensation Insurance Fraud funds,
and approved the purchase of a computerized digital
studio in the amount of $2,800, as recommended by the
District Attorney
12. APPROVED Probation Department's submittal of a grant
application to the Robert Wood Johnson Foundation in
the amount of $250,000 for the "Reclaiming Futures"
initiative; with an additional direction to authorize
the Chair to send a letter of support
13. ACCEPTED Treasurer's monthly cash report and
transaction report for the period ending July 31,
2001, as recommended by the Treasurer-Tax Collector
14. APPROVED appointment of Robert A. Laxson to the Mobile
Home Commission for a term to expire April 1, 2005, as
recommended by Supervisor Beautz
15. APPROVED appointment of John Ashworth to the Mental
Health Advisory Board, as a representative of the
general public, for a term to expire April 1, 2004, as
recommended by Supervisor Beautz
16. APPROVED appointment of Frank M. "Chico" Castro to the
Fish and Game Advisory Commission, for a term to
expire April 1, 2003, as recommended by Supervisor
Campos
17. APPROVED appointment of Myrna Conn Sherman to the
Mental Health Advisory Board for a term to expire
April 1, 2002, as recommended by Supervisor Campos
18. ACCEPTED nomination of Jack Baskin for appointment to
the Housing Authority Board of Commissioners, as an
at-large representative, for a term to expire August
28, 2005, with final appointment to be made August 28,
2001, as recommended by Supervisor Pirie
19. APPROVED appointment of Karla Lynn Kleinsasser to the
Child Care Planning Council for a term to expire April
1, 2005, as recommended by Supervisor Pirie
20. DELETED ITEM
21. ACCEPTED nomination of Michael Bethke for appointment
to the Building and Fire Code Appeals Board, as an at-
large appointee experienced in construction, for a
term to be staggered by lot, with final appointment to
be made August 28, 2001, as recommended by Supervisor
Wormhoudt
22. DELETED ITEM
23. SEE ITEM NO. 42.3, REGULAR AGENDA
24. SCHEDULED public hearing on September 18, 2001 to
consider allocation of Federal Funds from the Bureau
of Justice Assistance (BJA) and the State Supplemental
Law Enforcement Funds (SLESF), as recommended by the
County Administrative Officer
25. APPROVED plans and specifications for the Concrete
Slab Replacement at the Fleet Operations Facility
Project; directed the General Services Department to
advertise for bids; and set the bid opening for 10:45
a.m. on September 18, 2001, as recommended by the
Director of General Services
26. 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
27. CANCELED public hearing scheduled on August 28, 2001
to consider an Appeal filed by Richard Beale Land Use
Planning on behalf of Atherton Place Development
L.L.C. regarding Application No. 98-0148 and directed
the Clerk of the Board to notice the public of the
cancellation; directed the Planning Department and the
Clerk of the Board to notice the public of the new
public hearing date and time at the earliest possible
date following completion of the environmental review
process, as recommended by the Planning Director
28. DEFERRED report on Conceptual General Plan/Local
Coastal Program Land Use Plan and Implementing
Ordinance Amendments regarding the Timber Production
Zone District to September 18, 2001, as recommended by
the Planning Director
29. DEFERRED follow-up report on MTBE and Groundwater
protection to October 23, 2001, as recommended by the
Planning Director
30. APPROVED independent contract agreement with the Santa
Cruz County Office of Education for the Public Schools
Resource Conservation Program in the amount of
$82,115; and authorized the Director of Public Works
to sign the agreement on behalf of the County, as
recommended by the Director of Public Works
31. DELETED ITEM
32. ADOPTED RESOLUTION NO. 348-2001 accepting terms and
conditions for Capitola Road Improvement Project
right-of-way acquisition; made findings that
improvements are of benefit to the project area; and
approved related actions, as recommended by the
Director of Public Works
33. APPROVED independent contractor agreement for Aptos
Seascape, County Service Area No. 3, (2nd District)
with the Landscape Company in the amount of $12,000
for landscaping and tree trimming services and
authorized the Director of Public Works to sign the
agreement on behalf of the County Service Area, as
recommended by the Director of Public Works
34. ADOPTED RESOLUTION NO. 349-2001 authorizing the Santa
Cruz County Parks, Open Space and Cultural Services
Department to apply for grant funds for the Roberti-
Z'Berg-Harris Urban Open Space and Recreation Program
in the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of 2001 and
authorized the Chair of the Board of Supervisors to
sign the Resolution authorizing Santa Cruz County
Parks, Open Space and Cultural Services Department to
apply for grant funds, as recommended by the Director
of Parks, Open Space and Cultural Services
35. DEFERRED consideration of the Abandoned Vehicle
Abatement Program to December 4, 2001, as recommended
by the Planning Director
36. DELETED ITEM
37. ADOPTED RESOLUTION NO. 350-2001 in support of the
submission of a Waste Tire Public Education and
Amnesty Grant to the California Integrated Waste
Management Board (CIWMB) in the amount of $18,320 and
directed the Clerk of the Board to take related
actions, as recommended by the Public Works Director
38. APPROVED plans, specifications and engineer's estimate
for the Bonny Doon Road Storm Damage Repair Project;
set bid opening for 10:45 a.m. on September 11, 2001;
and approved related actions, as recommended by the
Director of Public Works
39. SEE ITEM NO. 42.2, REGULAR AGENDA
40. AS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY,
APPROVED financing for the acquisition of permanent
and temporary construction easements for the Capitola
Road Improvement Project and approved related actions,
as recommended by the Redevelopment Agency
Administrator
41. 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. City of San
Jose, et al., Santa Clara Superior Court No. CV
7944209
Case Name/No.: County of Santa Cruz v. E.A. Hathaway
& Company, et al. Santa Cruz County Superior Court
Case No. CV 138598
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation was considered pursuant to
subdivision (c) of Government Code Section 54956.9 for
two potential cases
REPORT OF COUNTY COUNSEL - the Board of Supervisors
authorized Hanson, Bridgett, Marcus, Vlahos, and Rudy,
LLP to include Santa Cruz County as an amicus curiae,
in an amicus letter to be filed in the California
Supreme Court, requesting the Court to review or
depublish the case decision in Bonanno v. Central
Contra Costa County Transit Authority, California
Court of Appeal, First Appellate District, Case No.
A087846. In addition, if the Supreme Court grants
review, authorize Hanson, Bridgett, Marcus, Vlahos,
and Rudy, LLP to include Santa Cruz County as an
amicus curiae in the amicus brief on the merits
BPWAC
41.1 APPROVED a contract with Cheryl Bowers
Neuropsychological Assessments and Rehabilitation
Psychology Offices in the amount of $23,400 to provide
Learning Disability Assessments and approved related
actions, as recommended by the Human Resources Agency
Administrator
REGULAR AGENDA
42. Public hearing held to adopt in concept an ordinance
to establish 2001 Supervisorial District Boundaries;
closed public hearing; approved "in concept" ordinance
amending Chapter 2.04 of the Santa Cruz County Code,
establishing the 2001 Supervisorial District
boundaries to return on August 28, 2001 for final
adoption
ABPWC
42.1 APPROVED, as revised, minutes of August 7, 2001
BWP(A)C
42.2 ACCEPTED AND FILED report on Reasonable Accommodation
Review Process; reviewed and gave initial approval to
the Draft Ordinance which would establish a procedure
for considering requests for reasonable accommodation;
with additional directions: 1) include verification in
the ordinance, pursuant to page 2 section 5(c), that
reasonable accommodation is based on medical
necessity; 2) change date a request for the Planning
Director's review of a proposed decision from "within
10 days to within 14 calendar days of the date the
notice is mailed" as reflected on page 3 section G(2);
and directed the Planning Department to process the
ordinance amendment, including CEQA review and review
by the Commission on Disabilities and the Planning
Commission
BWPAC
42.3 ADOPTED RESOLUTION NO. 351-2001 accepting and
appropriating unanticipated revenue of $500 into
Agricultural Commissioner's budget 103210 for public
outreach and education in the Pierce's Disease/Glassy-
winged Sharpshooter Control Program, as recommended by
the Agricultural Commissioner
AWBPC
43. CONDUCTED hearing on the proposed eminent domain
action for the Tanner Court Improvement Project;
considered adoption of a Resolution to institute
eminent domain proceedings;
ADOPTED RESOLUTION NO. 352-2001 authorizing County
Counsel to institute eminent domain proceedings to
obtain immediate possession of the required property;
and directed the Clerk of the Board to take related
actions
BWPAC
44. AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA
CRUZ, public hearing held to consider an ordinance
approving Amendment No. 1 to Lease Agreement between
the Santa Cruz County Public Financing Authority and
the County of Santa Cruz;
(1) continued matter to afternoon agenda;
(2) closed public hearing; and approved ordinance "in
concept" to return August 28, 2001 for final adoption
(1) ABPWC
(2) AWbPC
45. Public hearing held to consider proposal to rezone
Assessor's Parcel Number 079-421-01 (formerly
Assessor's Parcel Number 079-121-12) from the Special
Use ("SU") to the Timber Production ("TP") Zone
district Application No. 98-0604; Applicant: Dennis
Kehoe; Owners: Charles and Rebecca Aalfs; Location:
Northwest side of Roberts road, about 1 mile up
Roberts Road from the intersection of Roberts Road and
Love Creek Roads, Ben Lomond;
closed public hearing; adopted ORDINANCE NO. 4634
amending Chapter 13.10 of the Santa Cruz County Code
that Rezones Assessor's Parcel Number 079-421-01 from
the Special Use ("SU") to Timber Production ("TP")
zone district; and directed the Planning Department to
update the General Plan Timber Resources Map to
designate the property as Timber Resources
APBWC