PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 2002, NUMBER 6
FEBRUARY 26, 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, See
Item No. 47.1
3. Additions and Deletions to Consent Agenda, See ItemNo.
47
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 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 2002
HUD 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 take 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 Supervisor Beautz
AWPCB
REGULAR AGENDA
48. Presented Employee Recognition Awards and
Proclamations to the Year 2001 Employee Award Winners
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
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
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
of 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 an 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 $31,229 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
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 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
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 March 12, 2002
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