Board of Supervisors Minutes - 01/08/02



                         PROCEEDINGS OF THE 
                          SANTA CRUZ COUNTY
                        BOARD OF SUPERVISORS

                        VOLUME 2002, NUMBER 1
                           JANUARY 8, 2002
           
 
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                       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
              No. 50.1

          4.  ORAL COMMUNICATIONS - two people addressed the Board
 
          5.  Additions and Deletions to Regular Agenda

CONSENT AGENDA
WPBAC

          6.  APPROVED claims as submitted by the Auditor-Controller

          7.  APPROVED minutes of December 4, 2001 and December 11,
              2001, as recommended by the Clerk of the Board 

          8.  ACCEPTED AND FILED notification of continuing
              contracts received during the period of December 6,
              2001 through January 2, 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.  ADOPTED ORDINANCE NO. 4649 Amending Section 3.20.050
              of the Santa Cruz County Code Regarding Eligibility
              Lists 

         11.  REJECTED the claim of Andrew Kumasaka, No. 102-055,
              Amended, and referred to County Counsel

         12.  ACCEPTED AND FILED Mosquito and Vector Control
              District Biennial Report for 1999-2000, as recommended
              by the Agricultural Commissioner

         13.  ADOPTED RESOLUTION NO. 1-2002 designating the Assessor
              as the authorized representative for the Santa Cruz
              County Open Space Subvention Program, as recommended
              by the County Assessor

         14.  ACCEPTED AND FILED report on the Transient Occupancy
              Tax audit of Tyrolean Inn and Cottages for the period
              of September 1999 to June 2001 and approved related
              actions, as recommended by the Auditor-Controller

         15.  APPROVED request of the Place De Mer Geologic Hazard
              Abatement District to establish a five-year audit, as
              recommended by the Auditor-Controller

         16.  ADOPTED RESOLUTION NO. 2-2002 providing for zero
              property tax exchange for Local Agency Formation
              Commission (LAFCO #885), Mar Sereno Reorganization, as
              recommended by the County Administrative Officer

         17.  SCHEDULED the supplemental report on the County
              Utility Tax for January 29, 2002, as recommended by
              the County Administrative Officer

         18.  APPROVED independent contractor agreement between
              Print N Mail, Incorporated and the Department of Child
              Support Services for bulk mailing services and
              approved related actions, as recommended by the
              Director of Child Support Services

         19.  ADOPTED RESOLUTION NO. 3-2002 requesting Local Child
              Support Agency Automation Penalty Relief; with an
              additional direction to send resolution to Governor
              Davis, Senator McPherson, Assemblyman Keeley and
              Assemblyman Salinas

         20.  APPROVED receipt of $2,500 from the Community
              Foundation to pay for the planning and implementation
              of an all day planning retreat for the Domestic
              Violence Commission; adopted RESOLUTION NO. 4-2002
              accepting and appropriating unanticipated revenue in
              the amount of $2,500 from the Community Foundation, as
              recommended by the District Attorney

         21.  APPROVED independent contractor agreement with The
              Elevator Service Company for the emergency repair and
              upgrade of the Watsonville Veterans Memorial Building
              elevator at a cost not-to-exceed $11,795, as
              recommended by the Director of General Services

         22.  AWARDED contract to Environmental Systems,
              Incorporated in the amount of $178,000 for the
              Watsonville Health Center HVAC Replacement project;
              authorized the Director of General Services to sign
              the contract and associated documents, to approve
              change orders and to encumber $17,800 in addition to
              the contract amount, as recommended by the Director of
              General Services

         23.  APPROVED plans and specifications for the
              Redevelopment Agency Fifth Floor Remodel project;
              directed the General Services Department to advertise
              for bids; and set the bid opening for 10:45 a.m. on
              February 12, 2002, as recommended by the Director of
              General Services

         24.  ADOPTED RESOLUTION NO. 5-2002 accepting and
              appropriating unanticipated revenue from the Health
              Services Agency in the amount of $97,255 for
              remodeling of office space at 265 Water Street;
              awarded contract to Bustichi Construction,
              Incorporated in the amount of $88,414; authorized the
              General Services Director to approve change orders and
              encumber $8,841 in addition to the contract amount, as
              recommended by the Director of General Services

         25.  DEFERRED consideration of the County Emergency
              Operations Plan to March 5, 2002, as recommended by
              the Emergency Services Administrator

         26.  APPROVED agreement between the State of California
              14th District Agricultural Association and the
              Sheriff's Office to provide two deputies and a patrol
              car for certain gatherings and events to be held at
              the Santa Cruz County Fairgrounds; adopted RESOLUTION
              NO. 6-2002 accepting and appropriating unanticipated
              revenue in the amount of $8,000; and authorized the
              Sheriff-Coroner to sign the agreement, as recommended
              by the Sheriff-Coroner

         27.  ACCEPTED Treasurer's Monthly Cash Report and
              Investment Transaction Report for the period ending
              November 30, 2001 and approved related action, as
              recommended by the Treasurer-Tax Collector 

         28.  APPROVED appointment of Delwyn L. Pezzoni to the Arts
              Commission for a term to expire April 1, 2005, as
              recommended by Supervisor Pirie

         29.  ITEM DELETED

         30.  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

         31.  ADOPTED RESOLUTION NO. 7-2002 approving the County's
              Substance Abuse Treatment and Testing Accountability
              Program Plan; adopted RESOLUTION NO. 8-2002 accepting
              and appropriating unanticipated revenue in the amount
              of $71,414 into the Health Services Agency Alcohol and
              Drug Program; and authorized the Health Services
              Agency to take related actions, as recommended by the
              Health Services Agency Administrator 

         32.  ADOPTED RESOLUTION NO. 9-2002 authorizing the Health
              Services Administrator or their designee, the Health
              Services Agency Director of Administration to sign
              state standard agreements and approved related
              actions, as recommended by the Health Services Agency
              Administrator

         33.  ADOPTED RESOLUTION NO. 10-2002 approving standard
              agreement with the State for the Youth Development and
              Crime Prevention Grant and various agreements and
              amendments to agreements to provide health services,
              as recommended by the Health Services Agency
              Administrator


         34.  ADOPTED RESOLUTION NO. 11-2002 accepting unanticipated
              State revenue in the amount of $55,110 for Proposition
              36 services; approved amendment to agreement with
              Sobriety Works in the amount of $97,171 for additional
              Proposition 36 services; and authorized the Health
              Services Agency Administrator to sign the agreement,
              as recommended by the Health Services Agency
              Administrator

         35.  APPROVED contract with ERISS in the amount of $100,000
              for a one-year period, with a possible six month
              extension, to provide job market and business services
              for the Santa Cruz County Workforce Investment Board,
              as recommended by the Human Resources Agency
              Administrator

         36.  ACCEPTED AND FILED report on the progress of the In-
              Home Support Services (IHSS) Advisory Committee;
              directed the Human Resources Agency Administrator to
              return during budget hearings with a status report
              regarding the implementation and progress of the IHSS
              Public Authority and on February 12, 2002 with
              recommendations and a proposed ordinance to reappoint
              the IHSS Advisory Body, as recommended by the Human
              Resources Agency Administrator

         37.  ACCEPTED AND FILED report on the implementation of the
              additional 4% COLA for Community Programs; approved
              amendments to thirteen fiscal year 2001-02 contracts;
              and approved amendment to one Parks Department
              contract for utilization of the additional 4% COLA, as
              recommended by the Human Resources Agency
              Administrator

         38.  APPROVED allocation of $900 from the Fish and Game
              budget for the printing of fishing compliance signs,
              as recommended by the Planning Director

         39.  SCHEDULED public hearing on January 29, 2002 on the
              morning agenda, at 9:00 a.m. or thereafter for review
              of the Annual Grantee Performance Report on the
              Salsipuedes Creek Levee Stabilization project and
              directed the Clerk of the Board to take related
              actions, as recommended by the Director of Public
              Works



         40.  APPROVED transfer of funds in the amount of $36,347
              for the Salsipuedes Creek Levee Stabilization project;
              approved independent contractor agreement with Haro,
              Kasunich and Associates for geotechnical services in
              an amount not to exceed $33,969; and authorized the
              Director of Public Works to sign the agreement, as
              recommended by the Director of Public Works

         41.  AUTHORIZED the Auditor-Controller to pay Pacific Gas
              and Electric invoices in the amount of $775.39 for the
              traffic signal at the intersection of Paulsen Road and
              Green Valley Road, as recommended by the Director of
              Public Works

         42.  ACCEPTED improvement and approved the final cost in
              the amount of $358,586.76 for the 2000/2001 Pavement
              Management Slurry Seal project and authorized the
              Clerk of the Board to file the Notice of Completion,
              as recommended by the Director of Public Works

         43.  ACCEPTED and approved the engineer's report of County
              Service Area (CSA) No. 36, Forest Glen, King Road
              Zone; adopted RESOLUTION NO. 12-2002 of Intention to
              AUTHORIZED and Levy an Assessment for Road Maintenance
              and Operations; approved notice of public hearing,
              ballot procedure, and ballots for the proposed
              2002/2003 assessment; scheduled public hearing on
              February 26, 2002 at 9:00 a.m. or thereafter; and
              approved related actions, as recommended by the
              Director of Public Works 

         44.  ACCEPTED and approved engineer's report for County
              Service Area (CSA) No. 34, Larsen Road; adopted
              RESOLUTION NO. 13-2002 of Intention to Authorize and
              Levy an Assessment for Road Maintenance and
              Operations; approved notice of public hearing, ballot
              procedure, and ballots for the proposed increased
              2002/2003 assessment; scheduled  public hearing on
              February 26, 2001 at 9:00 a.m. or thereafter; and
              approved related actions, as recommended by the
              Director of Public Works

         45.  AUTHORIZED the Chair of the Board to sign Contract
              Change Order No. 2 in the amount of $161,578.50 for
              the Capitola Road Improvement project and directed the
              Clerk of the Board to take related actions, as
              recommended by the Director of Public Works


         46.  AUTHORIZED the Chair of the Board to sign the 2002
              California State Fair Counties Exhibits Entry Form;
              authorized the Director of Parks, Open Space and
              Cultural Services to send out a Request for Proposals
              for the fabrication of the Santa Cruz County 2002
              State Fair Display, as recommended by the Director of
              Parks, Open Space and Cultural Services

         47.  SCHEDULED public hearing on February 5, 2002 at 9:00
              a.m. or thereafter to consider approval of Moran Lake
              Butterfly Habitat Management Plan and approved related
              actions, as recommended by the Director of Parks, Open
              Space and Cultural Services

         48.  APPROVED proposed allocation of $670,000 in
              Proposition 12 Parks Bond Funds; adopted RESOLUTION
              NO. 14-2002 Authorizing the Department of Parks, Open
              Space and Cultural Services of Santa Cruz County to
              Apply for Grant Funds for the Roberti-Z'Berg-Harris
              Program under the Safe Neighborhood Parks, Clean
              Water, Clean Air, and Coastal Protection Bond Act of
              2000; and approved related actions; with an additional
              direction on page 2 of the staff report the
              Proposition 12 funds allocated for District 1 in the
              amount of $245,000 be changed to $210,000 and on
              Exhibit 1 list of Parks subtotal for District 1 be
              changed from $215,000 to $210,000

         49.  ACCEPTED AND FILED Annual Financial Reports of the
              Santa Cruz County Redevelopment Agency for the fiscal
              year ending June 30, 2001, as recommended by the
              Redevelopment Agency Administrator

         50.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 15-2002
              accepting and appropriating unanticipated revenue
              totaling $210,000 from the Redevelopment Agency
              Capital Projects Bond Proceeds; approved additional
              financing in the amount of $160,000 for the Capitola
              Road project and approved related actions, as
              recommended by the Redevelopment Agency Administrator

         50.1 DEFERRED report on MTBE and groundwater pollution
              until January 29, 2002, as recommended by the County
              Administrative Officer
 



REGULAR AGENDA



         51.  CONSIDERED selection of Chairperson and Vice
              Chairperson for Calendar year 2002;
              approved recommendations of Supervisor Wormhoudt, and
              selected Supervisor Beautz as Chairperson and
              Supervisor Pirie as Vice Chairperson

              WABPC

         52.  CONSIDERED ordinance amending Section 2.118.020,
              Subsection E, of the Santa Cruz County Code revising
              the membership of the Domestic Violence Commission;
              approved ordinance "in concept" to return on January
              15, 2002 for final adoption

              WPCAB

         53.  CONTINUED TO JANUARY 29, 2002 consideration of
              requirement for approval of Housing Development under
              existing General Plan and zoning in Designations and
              information regarding distribution of Affordable
              Housing Units throughout the County
               
              CAPWB

         54.  RECEIVED bids regarding Juvenile Hall Renovation and
              Expansion Project. The lowest responsible bidder will
              be based on the amount of the base bid and the maximum
              number of add alternates taken in order of priority
              within the total amount of available funds. Referred
              to General Services to return on or before January 29,
              2002 with a recommendation on the award of the bid

              WCPAB 
         55.  Continued public hearing to consider 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 yard 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 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;
              corrections to staff report dated January 8, 2002 are
              as follows: (a) page 4, Construction phasing includes:
              Phase I (Lots 1-14) should read: "2" affordable, semi-
              detached homes; "12" market-rate, detached homes (b)
              page 8, the referenced attachment should be
              (Attachment 11) (c) page 11, the first line should
              read: eminent domain, which "may" not serve a public
              interest (d) page 12, the number at the bottom center
              of the page should be "85" and (e) page 13, the number
              at the bottom center of the page should be "86"
        (1)   motion made to accept the new revision as proposed,
              including acceptance of the negative declaration and
              the request for a lot line adjustment; motion failed
        (2)   motion made to continue to February 26, 2002 at 7:30
              P.M. the hearings on the denial of the original
              application and the revised proposal, with an
              additional directive that the Planning staff draft
              conditions of approval for parcels 8 through 33 as
              proposed, answer as to whether you can transfer the
              density credits to the new owner, and list options in
              terms of the covenants that can be put on the vacant
              parcel while it is still owned by the current
              developer; clarified that the Board would be advised
              of any issues raised by the lot line and strategies
              for a phased approach to the entire parcel, as well
              as, the prior direction that the Redevelopment Agency
              continue to work with the developer 
              
              (1) PBwca 
              (2) AWpCb 
              














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 January 29, 2002
 
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