Board of Supervisors Minutes - 01/29/02



                         PROCEEDINGS OF THE 
                          SANTA CRUZ COUNTY
                        BOARD OF SUPERVISORS

                        VOLUME 2002, NUMBER 3
                          JANUARY 29, 2002
           
 
********************************************************************


                       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. 64.1, 64.2 and 64.3

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

CONSENT AGENDA
WCPAB

          6.  APPROVED claims as submitted by the Auditor-Controller

          7.  APPROVED minutes of January 8, 2002 and January 15,
              2002, as recommended by the Clerk of the Board
 
          8.  ACCEPTED AND FILED notification of continuing
              contracts received during the period of January 10,
              2002 through January 23, 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 detailed reading of said
              ordinances, as recommended by County Counsel

         10.  REJECTED claim of Michelle D. King, 102-062 and
              referred to County Counsel

         11.  REJECTED claim of Oswaldo Diaz Pinto, by his Attorney,
              William H. Minkner, No. 102-063 and referred to County
              Counsel

         12.  REJECTED claim of Michelle McKinny, No. 102-065 and
              referred to County Counsel

         13.  REJECTED claim of Jennie Klein, No. 102-066 and
              referred to County Counsel
           
         14.  REJECTED claim of Susan Paradise, No. 102-067 and
              referred to County Counsel

         15.  APPROVED agreement with the State Department of
              Finance for $565,000 in State County Property Tax
              Administration Program funds for calendar year 2002
              and approved related actions, as recommended by the
              County Assessor

         16.  APPROVED Request for Transfer of Budget Appropriations
              in the amount of $18,000 to provide for fixed asset
              purchases, as recommended by the Director of Child
              Support Services

         17.  ACCEPTED AND FILED mid-year report on the Integrated
              Pest Management program and directed the County
              Administrative Officer to return with an annual report
              prior to budget hearings, as recommended by the County
              Administrative Officer

         18.  ACCEPTED AND FILED report on Deferred Compensation
              program, as recommended by the County Administrative
              Officer

         19.  ACCEPTED AND FILED report on the relocation of the
              South County Sheriff's Service Center and approved
              related actions, including a report back on April 9,
              2002, as recommended by the County Administrative
              Officer

         20.  APPROVED a Memorandum of Understanding (MOU) with the
              City of Watsonville and the City of Watsonville
              Redevelopment Agency for the County's participation in
              the 200 Main Street project in downtown Watsonville to
              provide court facilities and related activities;
              directed the County Administrative Officer to return
              on or before March 19, 2002 with a Cooperation
              Agreement with the City of Watsonville for the 200
              Main Street project; and approved related actions, as
              recommended by the County Administrative Officer

         21.  ACCEPTED AND FILED report on Appointment of Board
              Member to the Santa Cruz Metropolitan Transit District
              Board of Directors, as recommended by County Counsel

         22.  ADOPTED RESOLUTION NO. 25-2002 designating the County
              Administrative Officer, Director of Public Works and
              Emergency Services Administrator as Authorized
              Officials for the purposes of executing applications
              and documents related to financial assistance, as
              recommended by the Emergency Services Administrator

         23.  AWARDED contract to Kase Pacific Construction Company
              in the amount of $667,300 for the Juvenile Hall
              Renovation and Expansion project; authorized the
              General Services Director to notify the contractor and
              sign the contract agreements and associated documents
              on behalf of the County; and authorized the General
              Services Director to approve change orders and
              encumber $46,365 in addition to the contract amount to
              cover change order expenditures, as recommended by the
              Director of General Services

         24.  APPROVED plans and specifications for the Automatic
              Controllers for Simpkins Center Entrance Doors
              project; directed the General Services Department to
              advertise for bids; and set the bid opening at 10:45
              a.m. on February 26, 2002, as recommended by the
              Director of General Services

         25.  ACCEPTED AND FILED status report on Internet and
              Intranet projects for 2001/2002 and directed the
              Information Services Department to return on April 23,
              2002 with a further update, as recommended by the
              Director of Information Services



         26.  ADOPTED RESOLUTION NO. 26-2002 determining disability
              retirement of safety member, as recommended by the
              Personnel Director

         27.  APPROVED contract with Monterey Bay Academy, doing
              business as Campus Laundry for an amount not-to-exceed
              $47,000 to provide inmate laundry services for the
              Sheriff's Detention Facilities, as recommended by the
              Sheriff-Coroner

         28.  DEFERRED the request for contract award recommendation
              for a Sheriff's Wireless Data Communication System to
              February 5, 2002, as recommended by Sheriff-Coroner

         29.  APPROVED appointment of William J. Comfort III as the
              alternate for Supervisor Campos on the Santa Cruz
              County Regional Transportation Commission, as
              recommended by Supervisor Campos

         30.  ACCEPTED nomination of Doris Burgers for reappointment
              to the Housing Authority Board of Commissioners, as an
              at-large tenant representative, for a term to expire
              February 5, 2004, with final appointment to be made
              February 5, 2002, as recommended by Supervisor Campos

         31.  APPROVED appointment of Celia Alvarez, Ph.D., to the
              Women's Commission for a term to expire April 1, 2005,
              as recommended by Supervisor Pirie

         32.  APPROVED appointment of Bill Fravel, Jr. to the Arts
              Commission for a term to expire April 1, 2003, as
              recommended by Supervisor Wormhoudt

         33.  ACCEPTED nomination of Tonee Picard 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 February
              5, 2002, as recommended by Supervisor Beautz

         34.  DIRECTED the Chairperson to write to the County's
              State and federal representatives and request their
              further support for the 2002 Library Legislative
              program identified by the Library Joint Powers Board,
              as recommended by Chairperson Beautz

         35.  ACCEPTED AND FILED annual report of the Emergency
              Medical Care Commission and approved related action,
              as recommended by Chairperson Beautz

         36.  ACCEPTED AND FILED annual report of the Ambulance
              Technical Advisory Group, as recommended by
              Chairperson Beautz

         37.  ACCEPTED AND FILED annual report of the Deferred
              Compensation Advisory Commission and approved related
              action, as recommended by Chairperson Beautz

         38.  ACCEPTED AND FILED annual report of the Assessment
              Appeals Board and approved related action, as
              recommended by Chairperson Beautz

         39.  ACCEPTED AND FILED annual report of the Human Services
              Commission and approved related action, as recommended
              by Chairperson Beautz

         40.  ACCEPTED AND FILED annual report of the Civil Service
              Commission and approved related action, as recommended
              by Chairperson Beautz

         40.1 DEFERRED report on the feasibility of placing precinct
              results on the Internet to February 12, 2002, as
              recommended by the County Clerk-Recorder 

         41.  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

         42.  ADOPTED RESOLUTION NO. 27-2002 accepting and
              appropriating $48,658 in unanticipated revenue into
              the Health Services Agency Indigent Care budget for
              distribution to Dominican Santa Cruz Hospital and
              Watsonville Community Hospital, as recommended by the
              Health Services Agency Administrator

         43.  APPROVED contract amendment with the Cabrillo College
              Fast Track to Work Program to increase the contract by
              $11,138 and authorized the Human Resources Agency
              Administrator to sign the contract on behalf of the
              County, as recommended by the Human Resources Agency
              Administrator

         44.  ADOPTED RESOLUTION NO. 28-2002 accepting and
              appropriating unanticipated revenue in the amount of
              $1,158,870 for hardware, software and professional
              services for CalWIN, as recommended by the Human
              Resources Agency Administrator

         45.  APPROVED gross pay adjustment in the amount of
              $1,487.20 and a gross pay adjustment in the amount of
              $605.60, as recommended by the Human Resources Agency
              Administrator

         46.  APPROVED contract for $10,000 with Dill Design Group
              for consultant services to update the County's
              Historic Resources Inventory, as recommended by the
              Planning Director

         47.  SEE ITEM NO. 72.1, REGULAR AGENDA

         48.  ADOPTED RESOLUTION NO. 29-2002 accepting $12,000 in
              unanticipated revenue for the County of Santa Cruz van
              pool program; authorized $13,000 in unappropriated
              2001/2002 equipment replacement reserve funds to cover
              the local match; and approved related action, as
              recommended by the Director of Public Works

         49.  AUTHORIZED the Director of Public Works to make a
              partial release of the Faithful Performance Security
              in the amount of $32,125 submitted for Tract 1347,
              Harbor Vista, as recommended by the Director of Public
              Works

         50.  APPROVED Contract Change Order No. 1 in the amount of
              $61,148.80 for the Holohan Road Bike Lane/Resurfacing
              Improvements and Asphalt Concrete Overlay project on
              Summit Road, Felton Empire Road, and Soquel San Jose
              Road and approved related actions, as recommended by
              the Director of Public Works

         51.  APPROVED amendment to agreement for construction
              engineering services with Martin, Rivett and Olson,
              Incorporated by increasing the contract by $10,000,
              for a total not-to-exceed amount of $19,999, for the
              Browns Valley Road Bridge Replacement project and
              authorized the Director of Public Works to sign the
              agreement, as recommended by the Director of Public
              Works
         52.  APPROVED amendment to agreement for construction
              engineering services with Buckland and Taylor,
              Limited, by increasing the contract by $20,000 for a
              total not-to-exceed amount of $34,950 for the Soquel
              Drive (Bargetto) Bridge Replacement and Streetscape
              project; and authorized the Director of Public Works
              to sign the agreement, as recommended by the Director
              of Public Works

         53.  ACCEPTED the improvement and approved the final cost
              in the amount of $86,919.50 for the Lompico Road Storm
              Damage Repair and authorized the Clerk of the Board to
              take related action, as recommended by the Director of
              Public Works

         54.  APPROVED independent contractor agreement with Quincy
              Engineering, Incorporated for engineering design
              services for the Paulsen Road/Whiting Road Bridge
              Replacement project in the total not-to-exceed amount
              of $249,970 and authorized the Director of Public
              Works to sign the agreement, as recommended by the
              Director of Public Works

         55.  APPROVED plans, specifications and engineer's estimate
              for the Spanish Ranch Road Storm Damage Repair
              project; authorized calling for bids; set the bid
              opening for February 26, 2002 at 10:45 a.m.; and
              approved related action, as recommended by the
              Director of Public Works

         56.  APPROVED Request for Proposals for engineering design
              services for the 2002 Signal Design and Signal
              Modification project and directed the Clerk of the
              Board to take related action, as recommended by the
              Director of Public Works

         57.  ADOPTED RESOLUTION NO. 30-2002 approving submission of
              a grant application in the amount of $20,000 from the
              Transportation Development Act Demonstration Program
              for a San Lorenzo Valley Trail Feasibility Study, as
              recommended by the Director of Public Works

         58.  APPROVED Contract Change Order Number 5 for the 30th,
              32nd, and 33rd Avenue Storm Drain, Sanitary Sewer and
              Sidewalk Improvement project and directed the Clerk of
              the Board to take related action, as recommended by
              the Director of Public Works


         59.  ACCEPTED AND FILED the Mobile Recreation Van Report,
              as recommended by the Human Resources Agency
              Administrator and the Director of Parks, Open Space
              and Cultural Services

         60.  ACCEPTED AND FILED report on Farmworker Housing issues
              and approved related actions, including a report back
              on September 17, 2002, as recommended by the
              Redevelopment Agency Administrator

         61.  DEFERRED report on the status of the tenant pre-
              eviction program until February 26, 2002, as
              recommended by the Redevelopment Agency Administrator

         62.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, AUTHORIZED a $300,000 bridge
              loan for pre-development activities for the Pajaro
              Lane project, as recommended by the Redevelopment
              Agency Administrator

         63.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, APPROVED 2002 Annual Continuing
              Rental Agreement List, as recommended by the
              Redevelopment Agency Administrator
         64.  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 794209
              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 
              PERSONNEL SESSION: County Counsel
              CONFERENCE WITH LABOR NEGOTIATOR
              Agency negotiator: Chief Negotiator and Personnel
              Director
              Employee organization: Extra Help Employees SEIU
              Proposal
              REPORT OF COUNTY COUNSEL - No report given 

         64.1 DIRECTED the Chairperson to write to the Office of the
              Attorney General requesting that an investigation be
              initiated into the conduct of park owners, their trade
              association, and their attorneys, as pertains to
              various aspects of unfair business practices, as
              recommended by Supervisor Beautz

         64.2 APPROVED transfer of $147,807 from General Fund
              contingencies to the Human Resources Agency for In-
              Home Supportive Services (IHSS) provider costs for the
              remainder of the year and directed the Human Resources
              Agency Administrator to work with the IHSS Public
              Authority, County Administrative Office and the
              Auditor-Controller to make the necessary adjustments
              to align any cost and revenue between the County and
              the IHSS Public Authority, as recommended by the Human
              Resources Agency Administrator

         64.3 AS THE BOARD OF DIRECTORS OF THE IN-HOME SUPPORTIVE
              SERVICES PUBLIC AUTHORITY, APPROVED the budget of
              fiscal year 2001/02 for the In-Home Supportive
              Services Public Authority and approved related
              actions, as recommended by the Human Resources Agency

REGULAR AGENDA


         65.  CONSIDERED Supplemental report on the County Budget
              and the Utility Tax;
              accepted and filed supplemental report on the matter
              of the County Budget and the repeal of the County
              Utility Tax

              WPCAB

         66.  CONTINUED TO MARCH 12, 2002 public hearing to consider
              amendments to the Santa Cruz County Code Grading
              ordinance regarding revised design standards for
              private roads, driveways and bridges

              APWCB 

         67.  CONTINUED TO FEBRUARY 26, 2002 public hearing to
              consider the Coastal Commission's modifications to
              General Plan/Local Coastal Program Land Use Plan
              Amendments and County Code/Local Coastal Program
              Implementation Plan Amendments related to the New
              Millennium High School Memorandum of Understanding

              WAPCB 

         68.  CONTINUED TO FEBRUARY 12, 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

              ACPWB 

         69.  Public hearing held on proposed annexation No. 01-2002
              Heather Terrace to County Service Area No. 9A,
              Residential Lighting District and CSA No. 9A
              assessment;
              closed public hearing; requested submittal of ballots
              on the proposed assessment; adopted RESOLUTION NO. 31-
              2002 Annexing Territory Designated as Annexation No.
              01-2002 Heather Terrace to CSA No. 9A Residential
              Lighting; and directed the Department of Public Works
              to count the ballots on the proposed CSA No. 9A
              assessment and return to the Board with a tabulation
              and certification of the ballots on or before February
              12, 2002

              AWPCB

         70.  Public hearing held for review of Annual Grantee
              Performance Reports for the Salsipuedes Creek Levee
              Stabilization project;
              closed public hearing; directed the Department of
              Public Works to submit the Annual Grantee Performance
              Reports to the Department of Housing and Community
              Development

              ACPWB

         71.  CONSIDERED ordinance to initiate contract amendment
              with the Public Employee's Retirement System to
              provide Peace Corps and Americorps: VISTA Service
              Credit as Public Service for Local Miscellaneous and
              Safety Members and related actions;
              adopted RESOLUTION NO. 32-2002 Intention to approve an
              amendment to contract between the Board of
              Administration California Public Employees' Retirement
              System and the Board of Supervisors County of Santa
              Cruz; directed the Clerk of the Board to immediately
              forward to the Public Employees' Retirement System a
              certified copy of the Resolution of Intention,
              Certification on Government Board's Action and
              Certification of Compliance with Government Code
              Section 7507; and authorized the Chairperson of the
              Board of Supervisors to sign the contract with the
              Public Employees' Retirement System following final
              adoption of the Ordinance;
        (2)   approved ordinance "in concept" to return on February
              26, 2002 for final adoption

              AWPCB

         72.  Considered report on Reduction of Groundwater
              Contamination and related actions;
        (1)   accepted and filed report and directed staff to
              incorporate recommended actions into the work programs
              for Planning and Environmental Health;
        (2)   directed Planning and Environmental Health staff to
              provide a report on measures for limiting potentially
              contaminating uses in critical water resource
              protection areas and return with a recommendation to
              the Board by June 11, 2002 at an evening meeting
              scheduled for 7:30 p.m.; with an additional direction
              to report back on progress on the existing areas being
              looked at;
        (3)   directed Environmental Health staff to evaluate means
              to increase oversight of site remediation efforts and
              report back to the Board by June 11, 2002; with an
              additional direction to include a report on funding
              options for devoting more resources to this effort

              WAPCB

         72.1 DIRECTED Public Works to report back on or before
              March 5, 2002 with a status report on Harkins Slough
              Road Bridge project, as recommended by the Director of
              Public Works

              PWCAB
         73.  Public hearing held to consider application No. 99-
              0801, a proposal to rezone APN 039-061-07 from the "R-
              1-1 acre" Single-family Residential one-acre minimum
              parcel size to the "R-1-10" Single-family Residential
              10,000 square feet minimum parcel size, create 11
              single-family residential parcels where one single-
              family dwelling currently exists, and construct 10 new
              single-family homes. Requires a Rezoning, a
              Subdivision, a Roadway/Roadside Exception, a
              Residential Development Permit to exceed the maximum
              3-foot high fence in a yard abutting a street, and
              Preliminary Grading Approval. Property is located on
              the northwest corner of the intersection of Soquel
              Drive and Haas Drive at 6797 Soquel Drive, Aptos;
              closed public hearing; certified the Mitigated
              Negative Declaration as complying with the
              requirements of the California Environmental Quality
              Act; approved Rezoning, Subdivision, Roadway/Roadside
              Exception, Residential Development Permit and
              Preliminary Grading Approval No. 99-0801 and adopted
              ORDINANCE NO.4651 amending Chapter 13.10 of the Santa
              Cruz County Code Conditionally Rezoning Assessor's
              Parcel Number 039-061-07 from the R-1-1 acre zone
              district to the R-1-10 zone district

              PWCAB
         74.  CONSIDERED report on Tower Lodge;
        (1)   accepted and filed report; additionally directed, that
              prior to the submission of a complete building
              application, and at the time the covenants and
              restrictions come back, Mercy Housing will provide
              schematics of the site plan which indicate the number
              of parking spaces available and the number of
              allowable rooms; directed Planning staff to provide an
              update on the septic issues and preliminary
              information on the issue of whether or not this is a
              water recharge area, a grassland recharge area and if
              it is in a riparian area;
        (2)   directed County Counsel and Planning to return on
              March 12, 2002 with a report addressing whether or not
              the Board should look at changing the County Code
              regarding the issue of "no limitations on bedrooms",
              as well as, an update of the law since 1988 regarding
              living together as a single housekeeping unit in a
              dwelling as distinguished from a group occupying a
              hotel, club, fraternity or sorority house and an
              analysis of "conforming" and "non-conforming" uses of
              Tower Lodge

              (1) WPC/A/B
              (2) WBPC/A/














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 February 12, 2002 

Return to Meetings Page