Board of Supervisors Minutes - 03/19/02



                         PROCEEDINGS OF THE 
                          SANTA CRUZ COUNTY
                        BOARD OF SUPERVISORS

                        VOLUME 2002, NUMBER 9
                           MARCH 19, 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. 58.1 and 58.2 

          3.  Additions and Deletions to Consent Agenda

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

CONSENT AGENDA
WPCAB

          6.  APPROVED claims as submitted by the Auditor-Controller

          7.  APPROVED minutes of March 5, 2002, as recommended by
              the Clerk of the Board
 
          8.  ACCEPTED AND FILED notification of continuing
              contracts received during the period of March 7, 2002
              through March 13, 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.  REJECTED the claim of Eric Haya, No. 102-098 and
              referred to County Counsel

         11.  REJECTED the claim of David Zampino, No. 102-101 and
              referred to County Counsel

              WPC(A)B

         12.  APPROVED independent service agreement with Appleby
              and Company in the amount of $70,903.53 to provide a
              workflow automation system in the Assessor's office
              funded by the State-County Property Loan
              Administration Loan Program and adopted RESOLUTION NO.
              76-2002 accepting and appropriating unanticipated
              revenue in the amount of $70,905, as recommended by
              the County Assessor

         13.  ACCEPTED AND FILED Second Quarter Report to the Board
              of Supervisors from Child Support Services, as
              recommended by the Director of Child Support Services

         14.  ACCEPTED AND FILED status report on the Watsonville
              Court Facility and directed the County Administrative
              Officer to return on April 23, 2002 with a Cooperation
              Agreement and Lease with the City of Watsonville for
              the 200 Main Street project, as recommended by the
              County Administrative Officer

         15.  APPROVED recommendations facilitating the
              consolidation of the ownership of parcels, which are
              located in homeless service area at River Street and
              Coral Street in the City of Santa Cruz, with the City
              of Santa Cruz and approved related actions, as
              recommended by the County Administrative Officer

         16.  SEE ITEM NO. 67.2, REGULAR AGENDA

         17.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              PUBLIC FINANCING AUTHORITY, ADOPTED RESOLUTION NO. 77-
              2002 ratifying previous actions and authorizing a
              negotiated sale at an Underwriter's discount not-to-
              exceed 0.6 percent of the principal amount, as
              recommended by the County Administrative Officer

         18.  APPROVED Proposition 172 Maintenance of Effort
              Calculation for 2001-02 indicating an overmatch of
              $14.5 million for State required contributions to
              Public Safety Programs and directed the County
              Administrative Officer to sign and forward the 2001-02
              certification to the Auditor-Controller, as
              recommended by the County Administrative Officer

         19.  AS THE BOARD OF THE DIRECTORS OF THE MID-COUNTY
              GEOLOGIC HAZARD ABATEMENT DISTRICT, APPROVED contract
              amendment in the amount of $500 for the demolition of
              the structure at 2970 Fern Flat Road, as recommended
              by the Emergency Services Administrator

         20.  AUTHORIZED the Santa Cruz County Fire Chief to submit
              a grant application to the U.S. Fire Administration
              Assistance to Firefighters Grant Program in the amount
              of $129,000, as recommended by the Director of General
              Services

         21.  AUTHORIZED gross pay adjustment for a Sheriff's
              Department employee in the amount of $82.40, as
              recommended by the Sheriff-Coroner

         22.  ACCEPTED Treasurer's monthly cash report and
              transaction report for the period ending February 28,
              2002 and approved related action, as recommended by
              the Treasurer-Tax Collector

         23.  APPROVED amendment to the term of office of
              Commissioner Jack Gordon on the Civil Service
              Commission to reflect a term expiration date of
              December 31, 2005, as recommended by Supervisor
              Almquist

         24.  APPROVED reappointment of Betty Sue Smith to the
              Mental Health Advisory Board for a term to expire
              April 1, 2005, as recommended by Supervisor Almquist

         25.  APPROVED reappointment of Mary Hammer to the Children
              and Families Commission for a term to expire April 1,
              2003, as recommended by Supervisor Almquist

         26.  APPROVED reappointment of Arcadio Viveros to the
              Children and Families Commission for a term to expire
              April 1, 2003, as recommended by Supervisor Campos


         27.  APPROVED reappointment of Myrna Sherman to the Mental
              Health Advisory Board for a term to expire April 1,
              2005, as recommended by Supervisor Campos

         28.  APPROVED reappointment of Donna Lopiano to the
              Children and Families Commission for a term to expire
              April 1, 2003, as recommended by Supervisor Pirie

         29.  SCHEDULED a brief presentation by the Santa Cruz
              County Conference and Visitors Council on April 23,
              2002, on the Regular Agenda regarding their marketing
              plan, as recommended by Supervisor Pirie

         30.  APPROVED reappointment of Simon Dangzalan to the
              Mental Health Advisory Board for a term to expire
              April 1, 2005, as recommended by Supervisor Wormhoudt

         31.  APPROVED reappointment of Naomi Brauner to the
              Children and Families Commission for a term to expire
              April 1, 2003, as recommended by Supervisor Wormhoudt

         32.  APPROVED reappointment of Toni Campbell to the
              Children and Families Commission for a term to expire
              April 1, 2003, as recommended by Supervisor Beautz

         33.  ACCEPTED AND FILED report of the Women's Commission
              and approved related action, as recommended by
              Chairperson Beautz

         34.  ACCEPTED AND FILED annual report of the Disaster
              Council and approved related action, as recommended by
              Chairperson Beautz

         35.  APPROVED appointment of Angelica Diaz to the Latino
              Affairs Commission, as an at-large representative of
              the City of Watsonville, as recommended by Chairperson
              Beautz

         36.  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
         37.  AUTHORIZED the Health Services Agency to submit a
              collaborative grant application to the California
              Department of Health Services, Office of Family
              Planning, for a maximum annual amount of $150,000 to
              support the Health Services Agency Male Involvement
              Program, as recommended by the Health Services Agency
              Administrator

         38.  AUTHORIZED the Health Services Agency Alcohol and Drug
              Program to submit proposals to the Community
              Foundation of Santa Cruz County for $10,000 to
              complete a media advocacy campaign, $1,000 for First
              Night Santa Cruz services, and $1,000 for Youth
              Leadership Training, as recommended by the Health
              Services Agency Administrator

         39.  ACCEPTED AND FILED status report on Evaluation of
              Clinic Functioning and directed the Health Services
              Agency to report back on or before May 7, 2002 on
              evaluation and methods for improving efficiency; with
              additional directions to schedule a presentation on
              May 7, 2002 on the issue of County clinics and
              emergency rooms; and invite hospitals to participate
              and provide their perspectives; and requested staff
              clarify the County's role in this effort

         40.  AUTHORIZED the Human Resources Agency Administrator to
              sign a contract amendment with Community Action Board,
              Incorporated for an additional $25,000 to provide for
              expanded emergency pre-eviction services; adopted
              RESOLUTION NO. 78-2002 accepting and appropriating
              unanticipated revenue in the amount of $25,000 from
              the Redevelopment Agency; and approved related
              actions, as recommended by the Human Resources Agency
              Administrator

         41.  APPROVED contract amendments with Community Ventures,
              Incorporated adding $4,305 to pay childcare expenses
              for participants attending Financial Literacy training
              and authorized the Human Resources Agency
              Administrator to sign the amendment on behalf of the
              County, as recommended by the Human Resources Agency
              Administrator
         42.  SCHEDULED a public hearing on April 9, 2002, on the
              morning agenda, at 9:00 a.m. or thereafter to consider
              zoning amendments to allow second units on
              agricultural parcels, as recommended by the Planning
              Director

         43.  SCHEDULED a public hearing on April 9, 2002, on the
              morning agenda, at 9:00 a.m. or thereafter to consider
              ordinance establishing procedures for considering
              requests for reasonable zoning and building code
              accommodations for disabled persons, as recommended by
              the Planning Director

         44.  SCHEDULED a public hearing on April 16, 2002, on the
              morning agenda, at 9:00 a.m. or thereafter to consider
              re-establishment of the County's Planned Unit
              Development Ordinance, as recommended by the Planning
              Director

         45.  CONTINUED TO APRIL 9, 2002  consideration to accept
              and file report on vacation rentals

         46.  ADOPTED RESOLUTION NO. 79-2002 authorizing the
              placement of three road bumps on Stewart Avenue, as
              recommended by the Director of Public Works

         46.1 SEE ITEM NO. 68.1, REGULAR AGENDA

         47.  ADOPTED RESOLUTION NO. 80-2002 for right-of-way
              acquisition for the Happy Valley Road Culvert
              Replacement project and approved payment of claim, as
              recommended by the Director of Public Works

         48.  APPROVED Contract Change Order No. 1 in the amount of
              $53,232 for the Soquel Drive (Bargetto) Bridge
              Replacement and Streetscape project; authorized the
              Chairperson of the Board to sign the change order; and
              approved related action, as recommended by the
              Director of Public Works

         49.  ACCEPTED the low bid of Coast Mountain Excavating in
              the amount of $86,525 for the Spanish Ranch Road Storm
              Damage Repair; authorized award of contract; and
              authorized the Director of Public Works to sign the
              contract, as recommended by the Director of Public
              Works



         50.  ACCEPTED AND FILED report on the Bonny Doon Road Storm
              Damage Repair; directed Public Works to submit a grant
              application for approximately $120,000 to the
              Department of Fish and Game for the Bonny Doon Road
              Storm Damage Repair; and return to the Board with an
              update on or before August 27, 2002, as recommended by
              the Director of Public Works

         51.  ADOPTED RESOLUTION NO. 81-2002 approving the sale of
              excess County property (Assessor's Parcel No. 76-046-
              05); authorized the Chairperson to sign the Grant
              Deed; and approved related actions, as recommended by
              the Director of Public Works

         52.  APPROVED independent contractor agreement with the
              California Grey Bears in the amount of $70,000 for
              recycling services financed through the County Service
              Area 9C Solid Waste and Recycling Budget; authorized a
              retroactive payment in the amount of $30,010; and
              approved related actions, as recommended by the
              Director of Public Works

         53.  ADOPTED RESOLUTION NO. 82-2002 scheduling a public
              hearing on Tuesday, May 7, 2002 at 9:00 a.m. or
              thereafter on County Service Areas (CSA) 2, 5,7,10,
              and 20 sewer service charge fee increase; approved
              notice of public hearing on proposed 2002/03 property
              related charges for CSA Nos. 2,5,7,10, and 20; and
              approved related actions, as recommended by the
              Director of Public Works

         54.  SEE ITEM NO. 68.2, REGULAR AGENDA

         55.  ADOPTED RESOLUTION NO. 83-2002 approving the sale of
              excess County property (APN 78-224-10); authorized the
              Chairperson to sign the Grant Deed; and approved
              related actions, as recommended by the Director of
              Public Works

         56.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, ACCEPTED AND FILED status report
              on the Marmos and Golden Torch RV Conversion projects;
              directed the Planning Department to continue to make
              reasonable efforts to work with Mid Peninsula Housing
              Coalition and Redevelopment staff in bringing the
              permit for the Marmos Project to the Board for final
              action by June 2002; and approved related actions, as
              recommended by the Redevelopment Agency Administrator 

         57.  SEE ITEM NO. 68.3, REGULAR AGENDA

         58.  AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY,
              SCHEDULED a closed personnel and litigation session as
              follows:
              CONFERENCE WITH LABOR NEGOTIATOR
              Agency negotiator:Personnel Director
              Employee organizations:
              1) Public Authority update on IHSS negotiations 
              2) SEIU Extra Help
              3) SEIU General Unit (to discuss comparability RFP)
              4) Operating Engineer Re: Longterm Disability
              REPORT OF COUNTY COUNSEL - No report given
 
         58.1 SEE ITEM NO. 67.1, REGULAR AGENDA     

         58.2 AWARDED contract to Slatter Construction Incorporated
              in the amount of $14,951 for the Automatic Controllers
              for Simpkins Center Entrance Doors Project; authorized
              the Director of Parks, Open Space and Cultural
              Services to notify the contractor and sign the
              contract agreement and associated documents on behalf
              of the Board; and authorized the Parks Director to
              approve change orders and encumber $1,495 in addition
              to the contract amount to cover change order
              expenditures, as required, as recommended by the
              Director of General Services and the Parks Director

REGULAR AGENDA

         59.  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 5,
              to convene and carry out a regularly scheduled meeting
              
         60.  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 regularly scheduled meeting
              
         61.  CONSIDERED ordinance amending Chapter 9.28 of the
              Santa Cruz County Code relating to designation of stop
              intersections and considered related actions for
              Chanticleer Terrace and Minor Land Division 99-0048;
        (1)   accepted the site improvements as completed in
              accordance with previously approved plans;
        (2)   ADOPTED RESOLUTION NO. 84-2002 accepting Chanticleer
              Lane into the County maintained road system;
        (3)   approved "in concept" ordinance Amending Chapter 9.28
              of the Santa Cruz County Code to return on April 9,
              2002 for final adoption;
        (4)   directed the Clerk of the Board to release the
              Faithful Performance Security and retain sufficient
              funds from the Faithful Performance Security to
              provide for the Guarantee, Warranty and Maintenance of
              Work Security;
        (5)   and if, at the end of three months, a search of the
              records by the Auditor-Controller's Office reveals no
              posted liens against the project, authorized the Clerk
              of the Board to release the Labor and Materials
              Security. The Guarantee, Warranty, and Maintenance of
              Work Security will be released at the end of twelve
              months provided there are no problems with the
              improvements

              AWPCB

         62.  APPROVED appointment of Rama Khalsa, Cecilia Espinola
              and Maria Castro to the Children and Families
              Commission, as at-large representatives, in accordance
              with County Code Chapter 2.45, Section 40, for terms
              to expire April 1, 2003

              PCWAB



         63.  APPROVED appointment 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 categories indicated,
              with terms to be staggered by lot

              WCPAB

         64.  APPROVED appointment 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

              CWPAB

         65.  Public hearing held to consider Soquel Village Parking
              and Business Improvement Area assessment charges for
              fiscal year 2002/2003;
        (1)   closed public hearing;
        (2)   accepted and filed the Annual Report of the Soquel
              Village Parking and Business Improvement Area Advisory
              Board;
        (3)   ADOPTED RESOLUTION NO. 85-2002 of Intention to
              Establish Parking Improvement Charges for the 2002-
              2003 Fiscal Year;
        (4)   directed the Clerk of the Board to publish the legal
              notice of the Resolution of Intention to Establish
              Parking Improvement Charges for the 2002-2003 fiscal
              year;
        (5)   and directed the Redevelopment Agency to provide the
              participants in the Improvement area with legal notice
              of the Resolution of Intention to Establish Parking
              Improvement Charges for the 2002-2003 fiscal year

              AWPCB
         66.  Public hearing held to consider Application No. 00-
              0742, the proposal to construct a structure-mounted
              wireless communications facility on the rooftop of an
              existing office building in the Salamander Protection
              district of the Coastal Zone, Assessor's Parcel
              Numbers 044-023-04 and 05, to include the installation
              of two antennas, camouflaged within an artificial
              chimney on the north side of the building, extending 6
              feet 4 inches above the 27 feet, 3 inch high roof line
              to a height of 33 feet, 7 inches, and a 220 square
              foot fenced-in enclosure with five equipment cabinets
              to be located in the parking lot. Property is located
              on the northwest side (left) of Bonita Drive at about
              500 feet northeast of Clubhouse Drive and Rio del Mar
              Boulevard (311 Bonita Drive). Applicant: Franklin
              Orozco for Whalen and Company, Owner: James and Sue
              Rummonds;
              referred matter to the Planning Commission; and
              directed County Counsel to research the legal issues
              and provide that report to the Planning Commission

              PWcaB

         67.  CONSIDERED Interim Ordinance enacting amendments to
              Chapter 13.10.685 of the County Code related to the
              Conversion of Transient Occupancy Recreational Vehicle
              and Travel Trailer Parks to permanent occupancy at
              Marmos and Golden Torch;
        (1)   ADOPTED INTERIM ORDINANCE NO. 4657 amending Section
              13.10.685 of the Santa Cruz County Code clarifying
              standards for consideration of multi-unit manufactured
              housing on an emergency basis; 
        (2)   and directed the Planning Department to schedule a
              public hearing on April 23, 2002, to further extend
              the interim ordinance and to present a time line for
              consideration of the ordinance on a permanent basis

              ACPWB

         67.1 ACCEPTED AND FILED report on the status of the Animal
              Control Services Agreement and set the matter on the
              April 16, 2002 regular agenda for discussion, as
              recommended by the County Administrative Officer

              AWPCB




         67.2 CONSIDERED report on the implementation of the repeal
              of the County Utility Tax;
        (1)   directed the County Administrative Officer to look for
              ways, in budgeting for the coming fiscal year, to
              phase in economic reductions in order to allow
              departments and community programs time to react and
              identify efficiencies and other ways to absorb the
              loss;
        (2)   directed all department heads to share information
              with staff and solicit suggestions from staff members,
              as well as the community, on how best to approach
              economic reductions;
        (3)   stated the Board understands that elected department
              heads have an independent responsibility to the public
              as well as to the institution and may need more time
              to respond in the public's interest to these dilemmas;
        (4)   directed the County Administrative Officer to report
              back on April 23, 2002 with a list of County
              department programs and their functions;
        (5)   and directed the County Administrative Officer to 
              return on April 9, 2002 with a revised budget schedule
              that includes additional days at the beginning of the
              process 

              WPCAB

         68.  Jurisdictional hearing held on an appeal by Attorney
              Thomas P. O'Donnell on behalf of RMC Pacific
              Materials, Incorporated, Bonny Doon Limestone Quarry
              regarding the Planning Commission's decision on
              Application No. 99-0561, a proposal to expand RMC's
              Bonny Doon quarry operations;
              denied request and declined to take jurisdiction of
              the Appeal filed by RMC

              WAPCB 
         68.1 CONSIDERED revised findings and conditions of approval
              for Application No. 98-0148 (Atherton Place, APN 037-
              251-21 and -22); 
              approved revised findings and conditions of approval;
              with the following changes:
        (1)   page two, section 4, third line: substitute the word
              "property" for the word "parcel"; 
        (2)   page five, and throughout the document: replace either
              the words "Porter Gulch" or "Tannery Gulch" with the
              following language: "the riparian corridor as
              determined by the US Geological Survey"; 
        (3)   page 10, under Exhibits: Lot Line Adjustment by
              Thatcher & Thompson, dated 2/20/02 instead of 2/12/02;
        (4)   page 18, No. 10 (c): insert the word "public" between
              the words "for" and "access";
        (5)   delete biotic reserve and replace with "riparian and
              easement buffer area" in the conditions of approval; 
        (6)   page 20, No. 6 (a): add summer to the mowing schedule
              and No. 7 (Maintenance of Adjacent Riparian and Buffer
              Easement Area) will read - "The Homeowners'
              Association shall pay for the riparian and buffer area
              located adjacent to the easterly boundary line of the
              project as shown and labeled on the attached map as
              "Riparian and Buffer Easement Area" and meet all
              obligations and requirements set forth in the
              Grassland and Riparian Maintenance Plan of March 4,
              2002;
        (7)   page 21, at the end of M: add the following language;
              "The owner will comply with any Measure J Guidelines
              enacted 120 days prior to the units"; O No. iv, will
              read "The Declaration shall limit, in perpetuity, the
              uses of the area restricted to open space";
        (8)   page 22: replace the word "compliant" with the word
              "complaint";
        (9)   page 23 (I), fourth line: add the word "inspection"
              after the word "final";
       (10)   page 27 (F): forth line from bottom: add the word
              "summer" after the word "spring" and change the word
              "four" to "six"; and
       (11)   additionally requested the Planning Department to
              report back on August 13, 2002 on the options
              available for allocating units and who would be
              designated as the administrator

              PWACb





         68.2 ADOPTED AMENDED RESOLUTION NO. 86-2002 establishing
              the Live Oak Permit Parking Zone for 2002, with the
              following additional language proposed by the Director
              of Public Works, to be added after 2002, "however, the
              effective date for the inclusion of areas 39 and 40
              shall be dependent upon the final approval of Coastal
              Permit Application No. 01-0202"

              APWCB 

         68.3 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, APPROVED the conceptual design
              for the Live Oak Library Expansion project; approved
              contract with Ripley Architects in an amount not-to-
              exceed $281,496 for Phase II Design Services for the
              Live Oak Library Expansion project; adopted RESOLUTION
              NO. 87-2002 accepting unanticipated revenue in the
              amount of $30,000 from Capital Bonds Proceeds Reserves
              for the Live Oak Library Project; and approved related
              actions; with an additional direction to add the
              following into the contract:
        (1)   the maximum size of the site will be 13,500 square
              feet
        (2)   indicate the priority to protect any existing trees on
              the site
        (3)   clarify a legal protection device, tree protection
              zone or conservation easement for the trees; and
        (4)   additionally requested an arborist report update on
              this plan and a third party review of the drainage and
              grading as the project progresses to be sure they are
              keeping in sync with the arborist report

              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 April 9, 2002
 
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