Board of Supervisors Minutes - 10/23/01



                         PROCEEDINGS OF THE 
                          SANTA CRUZ COUNTY
                        BOARD OF SUPERVISORS

                       VOLUME 2001, NUMBER 28
                          October 23, 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
              No. 44.1 

          4.  ORAL COMMUNICATIONS - Two people addressed the Board
  
          5.  Additions and Deletions to Regular Agenda, See Item
              No. 46.1

CONSENT AGENDA
WPBAC

          6.  APPROVED claims as submitted by the Auditor-Controller

          7.  APPROVED minutes of September 25, 2001 and October 2,
              2001, as recommended by the Clerk of the Board 

          8.  ACCEPTED AND FILED notification of continuing
              contracts received during the period of October 11,
              2001 through October 17, 2001 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.  APPROVED deferral of the report on development of an
              anti-retaliatory eviction ordinance to November 6,
              2001, as recommended by County Counsel

         11.  REJECTED the bids for the Juvenile Hall Renovation
              Project and directed the General Services Department
              to return on November 20, 2001 with further
              recommendations for this project, as recommended by
              the Director of General Services

         12.  ACCEPTED AND FILED status report on the County's
              Emergency Plan and directed the Office of Emergency
              Services to return on January 8, 2002 with a final
              draft of the County's Emergency Operations Plan, as
              recommended by the Director of General Services

         13.  ACCEPTED AND FILED report on the progress of the on-
              line employment application system, as recommended by
              the Personnel Director

         14.  ACCEPTED AND FILED Equal Employment Opportunity Report
              for departments on Administrative Review, and approved
              related action, as recommended by the Equal Employment
              Opportunity Officer and Personnel Director
           
         15.  SEE ITEM NO. 46.2, REGULAR AGENDA

         16.  AUTHORIZED the Auditor-Controller to distribute public
              auction excess proceeds for Assessor's Parcel No. 106-
              331-13, as recommended by the Treasurer-Tax Collector

         17.  ACCEPTED Treasurer's Monthly Cash Report and
              Transaction Report for the period ending September 30,
              2001 and approved related actions, as recommended by
              the Treasurer-Tax Collector

         18.  APPROVED appointment of Marybeth Varcados to the
              Women's Commission for a term to expire April 1, 2005,
              as recommended by Supervisor Pirie

         19.  AUTHORIZED the use of an image of the County Flag by
              Michael P. Smuda and the society known as the Flags of
              the World, for a period of five years from the date of
              authorization, as recommended by Chairman Campos

         20.  APPROVED 2002 Board of Supervisors meeting schedule,
              including fiscal year 2002-03 budget hearings, as
              recommended by Chairman Campos

         21.  APPROVED appointment of Brenda Scott-Rodgers to the
              North Coast Beaches Advisory Committee, as the
              representative of the Santa Cruz Chapter of the
              Surfrider Foundation, for a term to expire December
              31, 2001, as recommended by Chairman Campos

         22.  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

         23.  AUTHORIZED payment for time worked by new employee
              prior to completion of processing, as recommended by
              the Health Services Agency Administrator

         24.  DEFERRED report back on Emergency Medical Service
              Planning to November 6, 2001, as recommended by the
              Health Services Agency Administrator

         25.  ADOPTED RESOLUTION NO. 397-2001 authorizing the State
              Department of Mental Health to withhold $55,430 from
              State General Funds designated for distribution to the
              County to provide Early and Periodic Screening,
              Diagnosis and Treatment Specialty Mental Health
              Services in fiscal year 2001-2002 and approved related
              actions, as recommended by the Health Services Agency
              Administrator

         26.  ACCEPTED AND FILED report on the Long Term Care
              Integration project; approved the submission of a
              grant to the California endowment for Long Term Care;
              and directed the Health Services Agency to report back
              by January 15, 2002 with an updated financial plan for
              Elderday Pajaro Valley and viable locations for the
              program, as recommended by the Health Services Agency
              Administrator

         27.  APPROVED the proposed Interagency Agreement between
              the County of Santa Cruz and the In-Home Supportive
              Services Public Authority of the County of Santa Cruz
              and directed the Human Resources Agency Administrator
              to sign the Agreement on behalf of both the County of
              Santa Cruz and the Public Authority, as recommended by
              the Human Resources Agency Administrator
         28.  ACCEPTED AND FILED report on actions to promote
              cleanup of contaminated groundwater and promote
              aquifer and wellhead protection and scheduled further
              consideration of this matter on the second Board
              meeting in January 2002; with an additional direction
              to address helping responsible parties actually
              engaged in the clean up of the Methyl-tertiary-butyl-
              ether that is under Scotts Valley when the matter
              comes back for consideration in January 2002 

         29.  SCHEDULED a public hearing on the morning agenda of
              November 6, 2001 at 9:00 a.m. or thereafter 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, as
              recommended by the Planning Director

         30.  SCHEDULED a public hearing on the morning agenda of
              November 6, 2001 at 9:00 a.m. or thereafter to
              consider amendments to the Santa Cruz County Code
              Section 16.20.180 regarding revised design standards
              for private roads, driveways and bridges and directed
              the Clerk of the Board to take related actions, as
              recommended by the Planning Director

         31.  SEE ITEM NO. 46.3, REGULAR AGENDA

         32.  SCHEDULED a public hearing on the morning agenda of
              November 6, 2001 at 9:00 a.m. or thereafter to
              consider ordinance amendments to the Santa Cruz County
              Code to eliminate the term "Handicapped" in various
              ordinances and to revise the standards for accessible
              parking and directed the Clerk of the Board to take
              related action, as recommended by the Planning
              Director

         33.  SCHEDULED a public hearing on the morning agenda of
              November 20, 2001 at 9:00 a.m. or thereafter to
              consider recommendation of the Planning Commission
              regarding the Seacliff Village Plan and directed the
              Clerk of the Board to take related action, as
              recommended by the Planning Director





         34.  ACCEPTED the low bid of James A. Savattone in the
              amount of $18,852 for the San Lorenzo Way Bridge Rail
              Replacement project and authorized the Director of
              Public Works to sign the contract, as recommended by
              the Director of Public Works

         35.  ACCEPTED AND FILED report on the trench cut fee
              ordinance; directed Public Works to report back on or
              before December 11, 2001, for revising the County
              Design Criteria Standards relative to open trench
              backfill and cap requirements; directed Public Works
              to report back on or before February 12, 2002, on the
              trench cut fee ordinance, as recommended by the
              Director of Public Works

         36.  APPROVED independent contractor agreement with
              Cabrillo College to develop and implement a campus-
              wide recycling program for $25,000; approved amendment
              to agreement with Rick's News to purchase equipment to
              facilitate expanded recycling at no additional cost;
              authorized the Director of Public Works to sign
              agreements, as recommended by the Director of Public
              Works

         37.  SEE ITEM NO. 46.4, REGULAR AGENDA

         38.  CONTINUED TO NOVEMBER 20, 2001 consideration to accept
              and file report on mobilehome park inspections

         39.  ACCEPTED Progress Report on Water Resources
              Management; directed staff to report back on or before
              December 11, 2001 with a detailed analysis of the
              Pajaro Valley Water Management Agency's Draft Revised
              Basin Management Plan; and directed the Water
              Resources Manager to provide a Progress Report on
              Water Resources Management on or before March 5, 2002,
              as recommended by the Planning Director

         40.  DIRECTED the Parks Department to work with Aptos High
              School and the Pajaro Valley School District to
              develop a Joint Powers Agreement which would provide
              partial funding for the construction of an all-weather
              track at Aptos High School and authorized the Director
              of Parks to sign the Joint Powers Agreement on behalf
              of the Board, as recommended by the Director of Parks,
              Open Space and Cultural Services



         41.  APPROVED naming of the proposed Skate Park at
              Highlands County Park as the "Jim Keeffe Skate Park",
              as recommended by the Director of Parks, Open Space
              and Cultural Services

         42.  ACCEPTED AND FILED report on Sheriff's Athletic League
              operations and their partnerships with recreational
              organizations, as recommended by the Director of Parks
              Open Space and Cultural Services

         43.  AS THE BOARD OF DIRECTORS OF THE COUNTY OF SANTA CRUZ
              REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on the
              status of North Coast Farmworker Housing
              Rehabilitation project and directed staff to return on
              January, 2002 with a status report, as recommended by
              the Redevelopment Agency Administrator

         44.  AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY,
              SCHEDULED a closed personnel and litigation session as
              follows:
              CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
              Initiation of litigation was considered pursuant to
              subdivision (c) of Government Code Section 54956.9 for
              one potential case
              REPORT OF COUNTY COUNSEL - No report given 

         44.1 ADOPTED RESOLUTION NO. 398-2001 supporting the $825
              million  appropriation for the Public Health Threats
              and Emergency Act of 2000 and directed the Chairman of
              the Board to convey that support to local legislators,
              as recommended by the Health Services Agency
              Administrator
REGULAR AGENDA

         45.  Public Hearing held on the transfer of the Felt Street
              Plaza property from the Redevelopment Agency to the
              County;
              closed public hearing; authorized the County
              Administrative Officer to take any actions required to
              process acceptance of the property from the agency;
              and authorized the Chairperson to sign the deed of
              acceptance for the property; and additionally,
              approved the transfer of the Felt Street Plaza
              Property from the Redevelopment Agency

              BWPAC 
           
         46.  AS THE BOARD OF DIRECTORS OF THE COUNTY OF SANTA CRUZ
              REDEVELOPMENT AGENCY, CONSIDERED the transfer of the
              Felt Street Plaza property to the County; found that
              the purposes described in the letter of the County
              Administrative Officer of August 27, 2001 will benefit
              the residents of the project area, that no other
              reasonable means of financing the acquisition by the
              County are available, that the project will eliminate
              blighting conditions in the Project Area, and that the
              proposal is consistent with the Agency's Five Year
              Implementation Plan; authorized the transfer of the
              property to the County for the purposes described in
              the letter of the County Administrative Officer of
              August 27, 2001; and authorized the Redevelopment
              Agency Administrator to take any required actions to
              complete the transfer of the property

              BWPAC
         46.1 Considered ordinance establishing interim zoning
              regulations related to non-habitable accessory
              structures;
              adopted ORDINANCE NO. 4641 establishing interim zoning
              regulations relating to non-habitable residential
              accessory structures; directed the Clerk of the Board
              to schedule a public hearing on the morning agenda of
              December 4, 2001, to consider adoption of an extension
              of the Interim Zoning Ordinance; additionally directed
              staff report back on the following issues: 1) the
              necessity of the limitations being done both within
              urban services line and within the rural services line
              and whether there is any difference between the lines
              that might militate against doing it in both and (2)
              why the ordinance reduces the square footage of the
              structures from 1,000 square feet to 640 square feet

              PBAW

         46.2 ACCEPTED AND FILED report regarding the Marijuana
              Suppression Program; with additional directives that
              the Sheriff, Health Services Agency and the District
              Attorney review the Sonoma County guidelines in
              relation to their appropriateness and adoptability for
              Santa Cruz County; directed Health Services Agency to
              return with an analysis as to whether the Sonoma
              guidelines are workable; requested that the Sheriff
              speak to the Police Chief's Association and report
              back on a possible uniform response within the law
              enforcement community; sheriff to return on February
              5, 2002 with a report which includes information on
              the number of people that have had marijuana
              confiscated and had physicians recommendations, the
              number of people arrested who asserted they are
              medical marijuana patients, what charges were filed,
              the disposition of those cases and whether the County
              has had any liability suits; sheriffs report should
              include the requested information for the past two
              years  

              WPBAC
         46.3 ACCEPTED AND FILED report on Code Compliance
              Investigations; with additional directions for staff
              to report back on November 6, 2001 delineating the
              changes which the Planning Department and County
              Counsel are to implement, as discussed throughout the
              Planning Department report dated October 11, 2001 and
              list changes; report back on the first meeting in
              February 2002 on the following additional topics: (1)
              more detail about the process the Planning Department
              will use for archiving and resolving old cases; (2)
              whether and to what extent the Board would like to set
              priorities in the enforcement of code issues beyond
              those mandated by state statute; (3) the process the
              County uses on the intake of complaints and whether it
              is worthwhile to evaluate a conflict resolution
              process which would be required before the County
              initiated prosecution of the violations; (4) setting
              time limits for the period within which the department
              is going to make a determination that a violation has
              or has not occurred after it receives a complaint; (5)
              the limits, if any, that might be set on the power of
              inspectors to red tag items beyond those that are the
              subject of the immediate complaint; (6) whether it
              would be appropriate to set limits on the period of
              time the department has to resolve cases once a
              violation is found to exist; (7) and an update on
              cases that have gone to Court that could have been
              resolved out of Court; and report back in October 2002
              with information on tools used for monitoring
              mitigation on existing code compliance issues to
              repair or bring something back to it's original
              environmental condition and the effect of any changes
              the Board has made in the civil penalty strategies
              that are used in these types of cases

              AWBPC
         46.4 APPROVED plan line for Lake and Fifth Avenues between
              Eaton Street and East Cliff Drive, directed Public
              Works to include the plan line for Lake and Fifth
              Avenues in the Master Plan Line file; with additional
              directives to include suggested revisions to widen the
              entrance to Eaton Street and return with a further
              review of the proposal to stripe Lake Avenue for bike
              lanes with particular thought given to the safety of
              cyclists  

              WBPAC    



              
           














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 November 6, 2001
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