Board of Supervisors Minutes - 05/08/01



                         PROCEEDINGS OF THE 
                          SANTA CRUZ COUNTY
                        BOARD OF SUPERVISORS

                       VOLUME 2001, NUMBER 13
                             MAY 8, 2001
           
 
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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
              Nos. 51.1, 51.2, 51.3 and 51.4

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

CONSENT AGENDA
AWBPC

          6.  APPROVED claims as submitted by the Auditor-Controller

          7.  APPROVED minutes of April 24, 2001, as recommended by
              the Clerk of the Board

          8.  DELETED ITEM

          9.  ADOPTED ORDINANCE NO. 4618 Amending Chapter 9 of the
              Santa Cruz County Code Relating to Stop Intersections
 
         10.  ADOPTED ORDINANCE NO. 4619 Adopting the Santa Cruz
              County Code 

         11.  REJECTED claim of Tjoni Jacobs No. 001-098 and
              referred to County Counsel



         12.  ACCEPTED AND FILED report on the Transient Occupancy
              Tax Audit of Holzman and Daw for the three years ended
              December 31, 2000 and authorized refund of $1,201, as
              recommended by the Auditor-Controller

         13.  ADOPTED RESOLUTION NO. 162-2001 in support of Assembly
              Bill 1457 (Keeley) amending the Revenue and Taxation
              Code by waiving escaped and supplemental property tax
              assessments that have been levied for a pro rata
              change in ownership between January 1, 1989 and
              January 1, 2002, as these assessments have imposed an
              unfair and inequitable burden on resident-owned mobile
              home parks; and directed the Clerk of the Board to
              take related actions, as recommended by the County
              Assessor

         14.  APPROVED modifications to the agreement with the law
              firms of Page, Salisbury, and Dudley, and Wallraff and
              Gilman to provide conflict of interest defense
              services through June 30, 2004 and approved related
              actions, as recommended by the County Administrative
              Officer

         15.  ACCEPTED AND FILED report on the implementation
              activities of the Monterey Bay National Marine
              Sanctuary Inter-Agency Task Force and approved related
              actions, as recommended by the County Administrative
              Officer

         16.  ACCEPTED AND FILED report on California State Library
              Grant, the integration of the Law Library and the
              Public Libraries and the financial status of the Law
              Library; authorized the Auditor Controller to make
              cash flow loans to the Law Library during the
              remainder of the 2000-01 fiscal year; and continued
              deferring payment of law library's outstanding loan
              from the County, as recommended by the County
              Administrative Officer

         17.  ACCEPTED report and approved adding a voluntary
              labeling component regarding MTBE in gasoline to
              public awareness program, as recommended by County
              Counsel

         18.  AUTHORIZED transfer of $1,640 of Violence Against
              Women Vertical Prosecution grant appropriations from
              the Office Supplies line item to Salaries line item,
              as recommended by the District Attorney

         19.  ACCEPTED status report on the development of the
              County's Standard Operation Procedural Plan and
              directed the Office of Emergency Services to return on
              or before October 23, 2001 with an additional report,
              as recommended by the Director of General Services

         20.  ACCEPTED project for the Pajaro Dunes Fire Station
              Emergency Power as completed; approved the final cost
              of $54,600; and authorized the Clerk of the Board to
              file the Notice of Completion, as recommended by the
              Director of General Services

         21.  APPROVED contract amendment with Silva Strong
              Architects extending the contract end date to June 30,
              2002, as recommended by the Director of General
              Services

         22.  APPROVED contract with JR Zar in the amount of $19,500
              for the 1400 Emeline Emergency Power Upgrade;
              authorized the Director of General Services to approve
              change orders and encumber $1,950 in addition to the
              contract to cover change order expenditures; and
              approved related actions, as recommended by the
              Director of General Services

         23.  AUTHORIZED the County Office of Emergency
              Services/County Operational Area to submit subgrant
              application in the amount of $51,642.83 for safety
              equipment as part of the State Domestic Preparedness
              Program, as recommended by the General Services
              Director

         24.  APPROVED independent contractor agreement with Thomas
              and Means for law enforcement training seminars and
              authorized the Sheriff-Coroner to sign, as recommended
              by the Sheriff-Coroner

         25.  APPROVED Remote Access Network (RAN) Committee Bylaws,
              as recommended by the Sheriff-Coroner

         26.  APPROVED appointment of Vicki Dyas to the Disaster
              Council for a term to expire April 1, 2005, as
              recommended by Supervisor Almquist

         27.  APPROVED appointment of Janice Xaviel to the Alcohol
              and Drug Abuse Commission for a term to expire April
              1, 2005, as recommended by Supervisor Beautz



         28.  APPROVED appointment of Gina Fiallos, M.S.W., to the
              Long Term Care Interagency Commission, as an at-large
              appointee representing a regional center for the
              developmentally disabled, for a term to expire April
              1, 2004, as recommended by Chairman Campos

         29.  APPROVED changes to categories of representation for
              County appointees to the Child Care Planning Council,
              as outlined, and ratified the list of current County
              appointees, including categories of representation and
              terms of office, as recommended by Chairman Campos

         30.  ACCEPTED AND FILED report on the need to continue the
              state of local emergency relative to the transmissions
              of HIV through contaminated needles, as recommended by
              the Health Services Agency Administrator

         31.  SEE ITEM NO. 54.2, REGULAR AGENDA

         32.  APPROVED agreement with El Pajaro Community
              Development Corporation for a CalWORKs Welfare-to-Work
              microenterprise program in the amount of $115,000; and
              authorized the Human Resources Agency Administrator to
              sign the contract on behalf of the County, as
              recommended by the Human Resources Agency
              Administrator

         33.  DEFERRED final report on the Farmworker Health and
              Housing Survey Needs Assessment to June 5, 2001, as
              recommended by the Human Resources Agency
              Administrator

         34.  DIRECTED the Human Resources Agency to return on June
              12, 2001 for approval of an agreement to conduct a
              study on Facility and Infrastructure needs of
              community agencies, as recommended by the Human
              Resources Agency Administrator

         35.  SCHEDULED public hearing for June 5, 2001 on the
              morning agenda at 9:00 a.m. or thereafter to consider
              the Planning Commission's recommendation regarding an
              amendment to an area of the Paradise Park Planned Unit
              Development known as the Castle Property, as
              recommended by the Planning Director

         36.  SCHEDULED public hearing on May 22, 2001 on the
              afternoon agenda at 1:30 pm. or thereafter to consider
              the Pajaro Lane Affordable Housing Project,
              Application 00-0767 on APNs: 048-041-46 and -47 to
              construct 99 affordable housing units, including a
              residential development permit, a minor land division,
              approval of a tentative subdivision map, roadway and
              roadside exceptions, a riparian exception, design
              review, a 25% density bonus and accompanying
              affordability incentives, including approval of a
              parking program and approval of an exception to allow
              a portion of two apartment buildings to be three
              stories in height, as recommended by the Planning
              Director

         37.  ACCEPTED AND FILED report on the Neighborhood
              Commercial (C-1) Zone District and preliminarily
              approved ordinance amending the Neighborhood
              Commercial (C-1) Zone District Use Charts; and
              directed Planning to process the amendments to the
              Zoning ordinance to incorporate the proposed
              amendments to the Commercial Uses Chart

         38.  DEFERRED report on Seacliff Village Plan until May 22,
              2001, as recommended by the Planning Director

         39.  ACCEPTED the low bid of Granite Construction Company
              in the amount of $5,656,658 for the 2000/2001 Pavement
              Management Overlay Project; authorized the Director of
              Public Works to sign the contract; and adopted
              RESOLUTION NO. 163-2001 accepting unanticipated
              revenue in the amount of $1,719,345.65 from Assembly
              Bill 2928 Transportation Finance, as recommended by
              the Director of Public Works

         40.  ACCEPTED the low bid of Graham Construction,
              Incorporated in the amount of $321,173.16 for the
              2000/2001 Pavement Management Slurry Seal Project and
              authorized award of contract; and authorized the
              Director of Public Works to sign the contract, as
              recommended by the Director of Public Works

         41.  DEFERRED consideration of construction and demolition
              material recycling operations for the Buena Vista
              Landfill on or before June 12, 2001, as recommended by
              the Director of Public Works

         42.  APPROVED the road closure for the Aptos 4th of July
              Parade and directed Public Works to issue the parade
              permit, as recommended by the Director of Public Works

         43.  APPROVED the 4th of July beach access road closures
              and directed the Public Works Department to provide
              and assist the California Highway Patrol and Sheriff's
              office with road closure barricades and detour signs,
              as recommended by the Director of Public Works

         44.  APPROVED the road closure and La Selva Beach 4th of
              July Parade and directed Public Works to issue the
              parade permit, as recommended by the Director of
              Public Works

         45.  APPROVED the plans, specifications, and engineer's
              estimate for the Capitola Road Improvements, Soquel
              Avenue to Thirtieth Avenue; authorized calling for
              bids; set bid opening at 10:45 am. on June 5, 2001;
              and approved related actions, as recommended by the
              Director of Public Works

         46.  APPROVED contract with URS Corporation in the amount
              of $642,207.16 for construction management services
              for the seismic retrofit and bridge replacement
              program, as recommended by the Director of Public
              Works

         47.  APPROVED road closures and race for the Twenty-Ninth
              Annual Wharf-to-Wharf Race for July 22, 2001 and
              directed the Public Works Department to issue the race
              permit, as recommended by the Director of Public Works

         48.  ACCEPTED transfer of funds to offset the increased
              utility and service costs for this fiscal year; with
              an additional directive that Parks, Open Space and
              Cultural Services return during budget hearings with a
              plan to reduce energy cost in the next fiscal year

         49.  DEFERRED recommendations from the Parks Commission
              regarding Proposition 12 Funds until Budget Hearings,
              as recommended by the Director of Parks, Open Space
              and Cultural Services

         50.  AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
              REDEVELOPMENT AGENCY, ACCEPTED AND FILED status report
              on the Pajaro Lane Affordable Housing Project and
              adopted RESOLUTION NO. 164-2001 supporting tax credit
              financing for the project, as recommended by the
              Redevelopment Agency Administrator

         51.  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
              and Company, et al. Santa Cruz County Superior Court
              Case No. CV 138598
              Case Name/No.:International Union of Operating
              Engineers Local 3, AFL-CIO, v. County of Santa Cruz,
              et al. Santa Cruz Superior Court No. 140620
              CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
              Significant exposure to litigation was considered
              pursuant to subdivision (b) of Government Code Section
              54956.9 for two potential cases
              PERSONNEL SESSION - County Counsel
              CONFERENCE WITH LABOR NEGOTIATOR
              Agency negotiator:Personnel Director
              Employee organization:All 
              REPORT OF COUNTY COUNSEL- No report given 

         51.1 APPROVED amendment to the contract in the amount of
              $3,692 for courier services to the Felton and Aptos
              Permit Center, as recommended by the Planning Director

         51.2 ADOPTED RESOLUTION NO. 165-2001 in support of funding
              for the acquisition of Curran Ranch, as recommended by
              Supervisor Wormhoudt

         51.3 SCHEDULED the May 22, 2001 public meeting on the
              Redistricting of Supervisorial boundaries to occur
              during the Board's regular scheduled agenda at 9:00
              a.m. or thereafter, as recommended by the County
              Administrative Officer

         51.4 ACCEPTED report and directed the Board Chairperson to
              send letters to California Public Utilities Commission
              President Loretta Lynch and Governor Davis supporting
              a cap on rate increases for essential government
              facilities, as recommended by the Director of General
              Services



REGULAR AGENDA


         52.  Presentation of Proclamation declaring the week of May
              20-26, 2001 as Emergency Medical Services Week and
              encouraged the community to observe this week with
              appropriate programs, ceremonies, and activities

         53.  Public hearing held to consider protests, if any, to
              the proposed drainage benefit assessment fees and
              sewer services charges for County Service Area No. 57,
              Graham Hill (5th District);
              closed public hearing; accepted the certification of
              the results of the County Service Area No. 57, Graham
              Hill election and directed the Director of Public
              Works to retain the ballot for at least six months
              following the certification; adopted RESOLUTION NO.
              166-2001 authorizing and levying an assessment for
              drainage system operations and maintenance for County
              Service Area No. 57, Graham Hill for the 2001/02
              fiscal year and each year following; and adopted
              RESOLUTION NO. 167-2001 establishing sewer service
              charge for County Service Area No. 57, Graham Hill for
              the 2001/02 fiscal year and each year following

              PABWC

         54.  AS THE BOARD OF DIRECTORS OF THE DAVENPORT SANITATION
              DISTRICT, CONDUCTED public hearing to consider
              adoption of ordinance amending District Code Title 3,
              Chapter 3.08, Article III, Sections 3.08.160 through
              3.08.180 establishing water service charges for
              2001/2002;
              closed public hearing; adopted ORDINANCE NO. 55
              amending District Code Title 3, Chapter 3.08, Article
              III, Sections 3.08.160 through 3.08.180 establishing
              water service charges for 2001/2002

              WBPAC

         54.1 CONSIDERED preliminary review of a wireless
              communication facilities ordinance and continued
              public hearing to consider Application Nos. 99-0828,
              00-0319 and 00-0352 (to construct wireless
              communication facilities including towers and
              accessory buildings);
        (1)   continued to June 12, 2001 consideration of the
              proposed ordinance; referred Celia Scott's letter,
              public comments and Board Member comments made today
              to staff and asked that staff return with responses to
              those comments and any proposed changes to the
              ordinance and that in addition staff evaluate the
              feasibility of creating a countywide plan, perhaps
              with financial participation from providers, to
              determine the best plan to locate or co-locate
              facilities that would therefore facilitate easy
              approval of cell towers in the future if they meet
              performance standards;
        (2)   continued to May 22, 2001 consideration of Application
              Nos. 99-0828, 00-0319 and 00-0352 and directed County
              Counsel to report back on the status of the
              applications and further directed County Counsel to
              communicate with the applicant about their willingness
              to sign into a stipulation for a further deferral of
              consideration of the applications

              (1) WBPAC
              (2) ABPWC

         54.2 APPROVED amendments to agreements for $48,408 with the
              Santa Cruz Community Counseling Center, $6,600 with
              the Ombudsman Advocate program and $9,500 with Desert
              Hills, to provide mental health services, as
              recommended by the Health Services Agency
              Administrator

              BWPAC

         55.  Public hearing held to consider appeal filed by
              Richard Beal Land Use Planning on behalf of Atherton
              Place Development LLC regarding Application No. 98-
              0148;
              continued to June 5, 2001 public hearing to consider
              appeal filed by Richard Beal Land Use Planning on
              behalf of Atherton Place Development LLC regarding
              Application No. 98-0148, with an additional direction
              that the hearing be held at 1:30 P.M.

              PBWAC 

              
           
 

           
           













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 June 5, 2001 

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