PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 2002, NUMBER 8
March 12, 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. 35.1
4. ORAL COMMUNICATIONS - three people addressed the Board
5. Additions and Deletions to Regular Agenda
CONSENT AGENDA
WAPCB
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of February 26, 2002, as recommended
by the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of February 28,
2002 through March 6, 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. DENIED the application to file a late claim on behalf
of Mr. Jesse A. Johnson, No. 102-073 and referred to
County Counsel
11. REJECTED the claim of Christiane Jennings, No. 102-
090, as insufficiently filed and referred to County
Counsel
12. REJECTED the claim of Rene and Laurie Schlaepfer, No.
102-091 and referred to County Counsel
13. REJECTED the claim of Luis Antonio Cortez, No. 102-093
and referred to County Counsel
14. REJECTED the claim of Sebrina Navarro, No. 102-094 and
referred to County Counsel
15. REJECTED the claim of Susan and Michael Smith, No.
102-096 and referred to County Counsel
16. REJECTED the claim of Don Williams, No. 102-099 and
referred to County Counsel
17. ADOPTED RESOLUTION NO. 68-2002 declaring elected the
unopposed Central Committee and County Council
candidates who have filed Declarations of Candidacy
for the March 5, 2002 Primary Election, as recommended
by the County Clerk
18. ADOPTED RESOLUTION NO. 69-2002 accepting and
appropriating $110,083 in unanticipated revenue from
the California Law Enforcement Technology Purchase
Program; approved funding for the purchase of a
message switcher in the amount of $59,083; and
authorized the purchase of laptop computers in the
amount of $51,000, as recommended by the Sheriff-
Coroner
18.1 ACCEPTED nomination of Rama Khalsa, Cecilia Espinola
and Maria Castro for reappointment as at-large
representatives to the Children and Families
Commission, for terms to expire April 1, 2003, with
final appointment to be made March 19, 2002, as
recommended by Supervisor Almquist
19. DIRECTED the Planning Department to conduct two
evening community meetings to review the Aptos Village
Plan, as most recently amended on June 18, 1985, to
determine whether changes should be considered;
directed the Planning Department to return on or
before June 11, 2002, with a report outlining the
results of the community meetings and their
recommendations for suggested changes to the Aptos
Village Plan and approved related actions, as
recommended by Supervisor Pirie
20. ADOPTED RESOLUTION NO. 70-2002 approving withdrawal
from the Joint Exercise of Powers Agreement
establishing the Criminal Justice Planning Board,
Region M, as recommended by Chairperson Beautz
21. ACCEPTED nominations of Michael Molesky, William
McMullen, Donna Echols, Patrice LaFollette, Sandra
Seeger, Roger McKowan, Charles Levine, and Sherry
Sibley Hall for appointment as at-large members of the
In-Home Supportive Services Advisory Commission,
effective March 29, 2002, in the categories indicated,
with final appointment to be made March 19, 2002, as
recommended by Chairperson Beautz
22. APPROVED appointment of Carole Mulford to the Children
and Youth Commission, as the at-large representative
of the County Office of Education, for a term to
expire April 1, 2003, as recommended by Chairperson
Beautz
22.1 ACCEPTED nomination of Karen Martin, Al Holbert,
Lenore Wilkerson,Roger McKowan, Vicki West, Larry
Friedman, and Elizabeth Sparks for reappointment as
at-large representatives to various County advisory
bodies, as outlined, for terms to expire April 1,
2006, with final appointment to be made March 19,
2002, as recommended by Chairperson Beautz
23. 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
24. ADOPTED RESOLUTION NO. 71-2002 accepting and
appropriating $29,696 in unanticipated revenue for
public health bioterrorism prevention and response;
approved the purchase of various fixed assets; and
approved related actions, as recommended by the Health
Services Agency Administrator
25. DIRECTED the Health Services Agency to release the
draft Request for Proposal (RFP) for Emergency
Ambulance Advanced Life Support Transport Services for
public comment and review and directed the Health
Services Agency to return on April 23, 2002 with a
final RFP for Board approval, as recommended by the
Health Services Agency Administrator
26. ADOPTED RESOLUTION NO. 72-2002 supporting Senate Bill
1301, The Reproductive Privacy Act, and directed the
Chairman of the Board to convey that support to the
Governor; with an additional directive to send a copy
of the resolution to Senator Sheila Kuehl, Senator
McPherson, Assembly Member Keeley, and Assembly Member
Salinas
27. SEE ITEM NO. 38.1, REGULAR AGENDA
28. ACCEPTED certification of the results of County
Service Area No. 34, Larsen Road Zones "A" through "C"
and County Service Area No. 36, Forest Glen, King Road
Zone elections; adopted RESOLUTION NO. 73-2002
authorizing and levying an assessment for road
maintenance and operations within the CSAs for the
2002/2003 fiscal year and each year following; and
approved related actions, as recommended by the
Director of Public Works
29. ADOPTED RESOLUTION NO. 74-2002 accepting and
appropriating revenue in the amount of $29,000 for
engineering services for discretionary permit
application review in the Public Works Department, as
recommended by the Director of Public Works
30. ACCEPTED AND FILED report on the Buena Vista Landfill
Gas Power Project and directed Public Works to return
with a status report on or before September 24, 2002,
as recommended by the Director of Public Works
31. SEE ITEM NO. 38.2, REGULAR AGENDA
32. SEE ITEM NO. 38.3, REGULAR AGENDA
33. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED revisions to the
Security Deposit/Last Month's Rent Guarantee Program
to cap individual security deposit grants to $1,000
and provide a one-time increase in the Program's
current contract with the Housing Authority of the
County of Santa Cruz by $30,000, as recommended by the
Redevelopment Agency Administrator
34. SEE ITEM NO. 38.2, REGULAR AGENDA
35. 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.:In re Dismissal of Alan Johnson, Santa
Cruz Superior Court No. 141678
Case Name/No.:Topsail Court Homeowners Association v.
County of Santa Cruz, Superior Court Case No. 137285
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
REPORT OF COUNTY COUNSEL - No report given
35.1 DIRECTED the County Administrative Officer to provide
a report to the Board on March 19, 2002 outlining the
steps that have been taken to terminate the collection
of the utility tax, a summary of previous Board
directions concerning steps to be taken in the event
of the repeal of the utility tax, and the options
available to the Board to reduce expenses in the
current and future years, as recommended by Supervisor
Pirie
REGULAR AGENDA
36. The Board of Supervisors recessed in order to permit
the Board of Directors of the County of Santa Cruz
Flood Control and Water Conservation District, Zone 7,
to convene and carry out a special meeting
37. CONTINUED TO MAY 7, 2002 public hearing to consider
the Planning Commission's recommendation regarding
amendments to the County's Grading Ordinance regarding
revised design standards for private roads, driveways
and bridges
WAPCB
38. CONTINUED TO APRIL 9, 2002 consideration of proposed
amendments to the Affordable Housing Ordinance
CAPWB
38.1 ACCEPTED AND FILED status report on the Planning
Department's Code Compliance Program; (2) this
recommendation is deleted (3) approved the
implementation of a non-enforcement policy for any
structure that has existed prior to 1980, unless the
structure presents a health or safety risk, serious
environmental problem, or constitutes a use violation;
(4) directed Planning Staff to develop further
recommendations regarding non-enforcement policies for
older use violations, for consideration on September
17, 2002, and include a report back on the number of
cases that exist in each category of magnitude and the
number of cases that are in active and inactive
status; (5) approved the policy regarding code
compliance site inspections which are the result of a
citizen complaint, as outlined, in the letter of March
1, 2002; with an additional direction to report back
on cases involving second units on May 21, 2002 in
conjunction with the issue of an amnesty program for
second units; (6) change the language on page four
under Priority A-2 to eliminate the words "off-site";
(7) strike the words "over-height, rear and side yard
fences and minor riparian violations" from the third
bullet on page three of the report dated March 1,
2002; (8) report back on September 17, 2002 the policy
change in paragraph five of the written report
compiling the cases where in other types of violations
have been cited beyond that which was the subject of
the complaint (9) report back on September 17, 2001 on
the advisability of parallel language in Chapter
12.01.070 (c) and 1.12.060 dealing with the discretion
to issue or not issue permits when other violations
exist on the property; (10) report back on September
17, 2002 on regarding establishing a longer statute of
limitations to challenge the propriety of a red tag;
(11) directed the County Administrative Officer to
report back on May 21, 2002 regarding the facts
related to the red tag in Mr. Bowden's case; (12) by
consensus, the Board directed Planning to identify
categories of issues requiring permits and the
necessary levels of review and report back, in
conjunction with the Unified Building Code updates,
with recommendations as to how these issues may be
handled from an enforcement or permitting standpoint,
as well as, the opportunity for licensed professionals
to be partners in the certification process
WAPCB
38.2 ACCEPTED AND FILED Feasibility Report for the Proposed
San Lorenzo Valley Redevelopment project; adopted
RESOLUTION NO. 75-2002 revising boundaries for the
Survey Area of the project; and directed staff to
proceed with the next steps in the redevelopment
process; with an additional directive that the
Redevelopment Agency report back regarding any kind of
other financial agreements that have to be made prior
to the Boards approval of an EIR contract; and
AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED contract with Seifel
Consulting, Incorporated to prepare various studies
related to establishing the San Lorenzo Valley
Redevelopment Project Area, as recommended by the
Redevelopment Agency Administrator
WCPAB
38.3 APPROVED grant in the amount of $75,000 for the Above-
the-Line Project, to be funded from the County's
Housing Fund and approved related actions, as
recommended by the Redevelopment Agency Administrator
WAPCB
39. Continued public hearing to consider Planning
Commission's denial of Application #98-0148
closed public hearing; approved the following project
"in concept": 1) a revised proposal to construct (26)
detached townhouses, in phases, on a common parcel
with a minimum restricted common area of 3,000 square
feet minimum per dwelling unit; one new road "Bowers
Court" (access to Cabrillo College Drive across APN
037-241-39); emergency access; on site parking areas;
drainage systems discharging to an existing gully
along Porter Gulch Creek; retaining walls four to
seven feet in height; grading consists of 5,628 cubic
yards of cut and fill, balanced on the site. The
project requires a Subdivision, Lot Line Adjustment,
Roadway/Roadside Exceptions, a Riparian Exception for
drainage systems releasing into the Riparian Corridor,
a Preliminary Grading Approval. Property is located on
the North and West sides of Cabrillo College Drive,
South of Soquel Drive, East of Atherton Drive in
Aptos; directed Planning staff to return on March 19,
2002 with final documents for approval conditioned on
all the conditions contained in the February 26, 2002
and March 12, 2002 staff reports unless contrary to
conditions as stated in this motion: (a) the four
Measure J units be built on site; (b) all references
in the conditions that would deny access to the creek
area be removed; (c) no deed restriction or conditions
placed on the separate piece of property on the north;
(d) change the condition regarding access to Cabrillo
College Drive as an eminent domain is not required;
(e) on page 20 of the Conditions of Approval, Items
H,J,K and L, improvement and developer fees, be
charged by Phasing; (f) remove condition D, on page 14
of the staff report, regarding the trees
2) Amended motion to include the lot line description
as follows: a lot line adjustment transferring 6.481
acres from APN 037-251-22 to APN 037-251-21 resulting
in two parcels of 14.916 acres (Parcel A-Soquel Drive
frontage) and 2.965 acres (Parcel B-Cabrillo College
Drive frontage), with the buffer zone from the south
parcel added to the north parcel; and include the
condition on page 245 which requires that the north
parcel be developed by the owner at a density that is
no lower than what is recommended by the general plan
density for that parcel
1) PAWCb
2) ACpWb
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 April 9, 2002
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