PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS
VOLUME 2001, NUMBER 30
November 20, 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
4. ORAL COMMUNICATIONS - four people addressed the Board
5. Additions and Deletions to Regular Agenda
CONSENT AGENDA
WPBAC
6. APPROVED claims as submitted by the Auditor-Controller
7. APPROVED minutes of November 6, 2001, as recommended
by the Clerk of the Board
8. ACCEPTED AND FILED notification of continuing
contracts received during the period of November 1,
2001 through November 14, 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. ADOPTED ORDINANCE NO. 4643 Amending Chapter 9 of the
Santa Cruz County Code Relating to Stop Intersections
11. REJECTED the claim of Harvey Douglas Gold, No. 102-041
and referred to County Counsel
12. REJECTED the claim of James Estep, No. 102-042 and
referred to County Counsel
13. REJECTED the claim of Joe and Sylvie Mendes, No. 102-
043 and referred to County Counsel
14. REJECTED the claim of Paul and Catherine Rucker, No.
102-044 and referred to County Counsel
15. ACCEPTED AND FILED report on the Transient Occupancy
Tax Audit of Best of Pajaro (Pajaro Dunes) for the
three years ending December 31, 2001; established the
amount owed to the County at $63,098 plus interest and
penalties; and approved related actions, as
recommended by the Auditor-Controller
16. ACCEPTED AND FILED Statement of Count of Money in
Treasury on September 5, 2001, as recommended by the
Auditor-Controller
17. ACCEPTED AND FILED report on criminal justice costs
associated with substance abuse and working with the
Criminal Justice Council of Santa Cruz County, and the
Proposition 36 Steering Committee, directed staff to
return on March 5, 2002 with a report and
recommendations on this matter, as recommended by the
County Administrative Officer
18. APPROVED the 2002 County Legislative Program; approved
related actions; and additionally included the letter
of Supervisor Wormhoudt of November 14, 2001 with this
item for consideration
19. ACCEPTED AND FILED status report on Watsonville Courts
Facility Planning and directed the County
Administrative Office to report back on or before
January 15, 2002, as recommended by the County
Administrative Officer
20. ACCEPTED report regarding Notice Required for Large
Rent Increases, as recommended by County Counsel
21. ADOPTED RESOLUTION NO. 412-2001 authorizing the
District Attorney to sign an agreement to obtain
funding to pay verified victim's claims for
funeral/burial and domestic violence relocation
expenses for fiscal year ending 2001 and 2002; adopted
RESOLUTION NO. 413-2001 accepting and appropriating
unanticipated revenue in the amount of $40,000; and
approved related actions, as recommended by the
District Attorney
22. AUTHORIZED the Chairperson of the Board of Supervisors
to sign the Byrne-Funded Projects Certification of
Compliance, Methamphetamine Laboratory Operations for
the fiscal year 2001-02 Anti-Drug Abuse Enforcement
Program, as recommended by the District Attorney
23. APPROVED plans and specifications for the Juvenile
Hall Center Renovation and Expansion project; directed
the General Services Department to advertise for bids;
and set the bid opening at 10:45 a.m. on January 8,
2002, as recommended by the Director of General
Services
24. APPROVED improvements at 324 Encinal Street and
Pioneer Street, Santa Cruz to facilitate the re-
location of employees from 1400 Emeline Avenue;
approved independent contractor agreements with Kase
Pacific Construction in the amount of $38,921 for 100
Pioneer Street and $39,689 for 324 Encinal; and
authorized the Auditor-Controller to take related
actions, as recommended by the Director of General
Services
25. ACCEPTED AND FILED report on the Redwoods/STAR Program
facility repairs, as recommended by the Director of
General Services
26. APPROVED contract amendment with Technical Roof
Services to extend the contract date to June 30, 2002
for consultant services in connection with the re-
roofing of 100 Rountree Lane, Watsonville, as
recommended by the Director of General Services
27. ACCEPTED AND FILED report on the use of certified wood
in County contracting, as recommended by the Director
of General Services
28. ADOPTED RESOLUTION NO. 414-2001 accepting and
appropriating unanticipated revenue in the amount of
$5,979.05 and authorized the purchase of an
examination table for the Sexual Assault Nurse
Examiners Program, as recommended by the Sheriff-
Coroner
29. ACCEPTED Treasurer's monthly cash report and
transaction report for the period ending October 31,
2001 and approved related action, as recommended by
the Treasurer-Tax Collector
30. ADOPTED RESOLUTION NO. 415-2001 approving the sale of
tax-defaulted property at public auction, as
recommended by the Treasurer-Tax Collector
31. APPROVED appointment of Supervisor Jeff Almquist as
the alternate for Supervisor Jan Beautz to the
Treasury Oversight Commission, as recommended by
Supervisor Beautz
32. APPROVED appointment of John D. Crowder to the
Commission on Disabilities for a term to expire April
1, 2005, as recommended by Supervisor Pirie
33. APPROVED appointment of Belicia Govine to the Long-
Term Care Interagency Commission for a term to expire
April 1, 2004, as recommended by Supervisor Pirie
34. APPROVED appointment of Jon Bennett to the Child Care
Planning Council, as a representative of the community
at-large, for a term to expire April 1, 2005, as
recommended by Supervisor Pirie
35. APPROVED appointment of Alfred J. Richard to the
Alcoholism and Drug Abuse Commission for a term to
expire April 1, 2003, as recommended by Supervisor
Wormhoudt
36. ACCEPTED nomination of Bob Harper for appointment to
the Workforce Investment Board, as an at-large
representative of educational agencies, for a term to
expire June 30, 2004, with final appointment to be
made December 4, 2001, as recommended by Supervisor
Campos
37. REAPPOINTED Supervisor Jan Beautz to the Santa Cruz
Metropolitan Transit District Board of Directors until
such time as the Board makes appointments of its
membership for the year 2002 to various agencies,
committees and commissions; accepted notification of
an at-large vacancy on the Transit District Board of
Directors, with nominations for appointment to be
received on December 4, 2001, and final appointment to
be made December 11, 2001, as recommended by Chairman
Campos
37.1 DIRECTED the Chairman of the Board to write to Senator
John Burton expressing the Board's support for Senator
Burton's proposal to place a $2 billion housing bond
act on the November 2002 ballot to provide grants and
loans to affordable housing developments; with an
additional directive to include Supervisor Wormhoudt's
letter of November 14, 2001 in the 2002 County
Legislative Program for consideration
37.2 ADOPTED RESOLUTION NO. 416-2001 providing for a
temporary reduction in the utility tax rate
for Gas and Electricity of 2.5% for the winter months
of December 2001, January 2002, February 2002 and
March 2002 and directed the Treasurer-Tax Collector to
work with PG&E and the other energy providers on
implementation of the rate reduction, as recommended
by the County Administrative Officer
38. 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
39. ACCEPTED AND FILED report on Federally Qualified
Health Centers MediCal rate impacts; adopted
RESOLUTION NO. 417-2001 accepting and appropriating
$475,000 in one-time funds for the Clinics budget for
this fiscal year; directed the Health Services Agency
Administrator to report back on April 9, 2002 on long-
term recommendations; and approved related actions, as
recommended by the Health Services Agency
Administrator
40. ACCEPTED AND FILED report on farm worker health needs
and programs; directed Health Services Agency to
report back on March 19, 2002 on the ECG Evaluation of
Clinic Functioning and methods for improving
efficiency; and approved related actions, as
recommended by the Health Services Agency
Administrator
41. AUTHORIZED the Auditor-Controller to make advance
payments for December 2001 on contracts with the
Volunteer Center of Santa Cruz in the amount of
$73,308, Santa Cruz Community Counseling Center,
Incorporated in the amount of $352,857 and Front
Street, Incorporated in the amount of $275,875, as
recommended by the Health Services Agency
Administrator
42. APPROVED and authorized the Health Services Agency
Administrator to sign amendment to agreement with
Santa Cruz Community Counseling Center to raise the
Deferred Judgment Drug Program client fee from $530 to
$602 and extend the term of the agreement until June
30, 2005, as recommended by the Health Services Agency
Administrator
43. APPROVED agreement designating the Aptos-La Selva Fire
Protection Department as an approved paramedic service
provider and authorized the Health Services Agency
Administrator to sign, as recommended by the Health
Services Agency Administrator
44. APPROVED new Master Agreement for Mental Health Trauma
Response Services and authorized the Health Services
Agency Administrator to sign, as recommended by the
Health Services Agency Administrator
45. APPROVED the Transfer of Budget Appropriations in the
amount of $6,000 within the Human Resources Agency to
cover legal costs in the General Assistance Program,
as recommended by the Human Resources Agency
Administrator
46. ADOPTED RESOLUTION NO. 418-2001 accepting and
appropriating $17,750 in unanticipated revenue;
approved contract amendment with the Second Harvest
Food Bank; and authorized the Human Resources Agency
Administrator to sign the amendment, as recommended by
the Human Resources Agency Administrator
47. APPROVED continuing contract with the Santa Cruz Area
Transportation Management Association in the amount of
$25,000 from October 1, 2001 through June 30, 2002 and
authorized the Human Resources Agency Administrator to
sign the contract on behalf of the County, as
recommended by the Human Resources Agency
Administrator
48. CONTINUED consideration of the report on the In-Home
Supportive Services Advisory Committee until January
8, 2002, as recommended by the Human Resources Agency
Administrator
49. SEE ITEM NO. 65.1, REGULAR AGENDA
50. SEE ITEM NO. 73.2, REGULAR AGENDA
51. SEE ITEM NO. 73.1, REGULAR AGENDA
52. DEFERRED report on resumption of mobile home park
inspections to February 12, 2002, as recommended by
the Planning Director
53. APPROVED independent contractor agreement with Cox
Consulting for the Salsipuedes Creek Levee
Stabilization project for administering the Community
Development Block Grant in the not-to-exceed amount of
$63,000 and authorized the Director of Public Works to
sign the agreement on behalf of the County, as
recommended by the Director of Public Works
54. APPROVED gross pay adjustment of $272.72 for the
Department of Public Works Heavy Equipment Mechanic
II, as recommended by the Director of Public Works
55. APPROVED amendment to agreement with JMS Engineering
for design revisions and additional storm locations
for three county-wide storm damage repair projects by
increasing the amount by $176,805 for a not-to-exceed
amount of $514,248 and authorized the Director of
Public Works to sign the contract and amendment, as
recommended by the Director of Public Works
56. APPROVED Request for Proposals for Grant Writing
Services for Public Works' projects with an emphasis
on environmental and fish enhancement grants; directed
Public Works and the Planning Department to return on
or before February 5, 2002 with recommendations for
approval of successful contractor and any necessary
budgetary actions; and directed the Clerk of the Board
to take related action, as recommended by the Director
of Public Works
57. APPROVED independent contractor agreement with Mark
Thomas and Company, Incorporated in the amount of
$235,658 for preliminary engineering design of the
Harkins Slough Bridge project; authorized the Director
of Public Works to sign the agreement on behalf of the
County; directed the Public Works Department to report
back on January 29, 2002 on the progress by the
consultant and the subject bridge project; and
directed the Clerk of the Board to take related
actions, as recommended by the Director of Public
Works
58. APPROVED amendment to agreement with EcoSystems West
for monitoring various ongoing Public Works projects,
increasing the existing agreement to a not-to-exceed
amount of $50,000; authorized the Director of Public
Works to sign the agreement on behalf of the County;
and directed Public Works to report back on or before
December 11, 2001 with a contract to hire a fish and
wildlife consultant for biological services for Public
Works projects, as recommended by the Director of
Public Works
59. ADOPTED RESOLUTION NO. 419-2001 amending Resolution
No. #584-90 by extending the North Coast Beaches
Advisory Committee to December 31, 2002, as
recommended by the Director of Parks, Open Space and
Cultural Services
60. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, APPROVED contract with Central
Coast Wilds in the amount of $34,960 for tar plant
management and wetland enhancement for the Anna Jean
Cummings Park and approved related actions, as
recommended by the Redevelopment Agency Administrator
61. SEE ITEM NO. 65.1, REGULAR AGENDA
62. 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. City of San
Jose, et al, Santa Clara Superior Court No. CV 794209
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 - The Board of Supervisors
authorized the County of Santa Cruz to be added as a
party joining in the Amicus efforts of the City and
County of San Francisco in the matter of Sharon S. v.
Superior Court of San Diego County.
In the matter of County of Santa Cruz v. City of San
Jose, et. al., the Board of Supervisors authorized the
filing of an appeal to the California Court of Appeals
in the trial court decision
BPWAC
REGULAR AGENDA
63. CONSIDERED presentation of the representatives from
the Second Harvest Food Bank
64. CONSIDERED approval of the selection of James
Aschbacher as the artist for the Hestwood Park and Jim
Keefe Skate Park Art Projects;
approved the selection of James Aschbacher as the
artist for the Hestwood Park and Jim Keefe Skate Park
art projects; approved the art projects as presented;
approved the two contracts with Mr. Aschbacher for a
total of $8,600 for the creation of the Skateboarder
totem pole and animal cutouts; authorized the Parks
Director to sign the contracts on behalf of the
County; and directed the Arts Commission to develop a
policy, for the Board of Supervisors review and
approval, with regard to artists being represented in
multiple county park art projects
WBPAC
65. CONSIDERED report prepared pursuant to Section 9111 of
the Elections Code on the Repeal of the County Utility
Tax and approved related actions;
ordered that the initiative ordinance repealing the
County Utility Tax be placed on the March 5, 2002
ballot for a decision by the voters; requested that
the County Auditor prepare a fiscal impact statement
and County Counsel prepare an impartial analysis of
the measure; with additional direction that the County
Administrative Office return on January 8, 2002 with
the following items: 1) the amount of State and
Federal pass-throughs and how this relates to our
discretionary budget; 2) a discussion about the $33
million in surplus and whether or not it exists, 3)
provide the information by Counsel Dwight Herr on the
legal issues concerning the utility tax; 4) a
discussion on Santa Cruz County's property tax amount
as compared with other counties; 5) information on the
growth of our County's budget over the years; 6)
information on the percentage the utility tax
represents of our discretionary budget; 7) and a
further discussion on why Santa Cruz County can't make
it when other counties can on the amounts of resources
that have been provided to them
APBWC
65.1 ACCEPTED AND FILED report on Tower Lodge
Rehabilitation Project, as recommended by the Human
Resources Agency Administrator
AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 420-2001
approving funding for the Tower Lodge Project; 2)
return to the Board of Supervisors any actions
required to complete this transaction, including
preparing and signing covenants and restriction
agreements for the long term use, operation and
maintenance of the property; 3) directed the Planning
Department and County Counsel to report back on
December 11, 2001 regarding land use and environmental
issues on this property; 4) report back with a
suggested alternative process for public input if a
regular public hearing process will not occur; 5)
directed the Redevelopment Agency Administrator to
meet with the community in the first or second week of
January to discuss issues of the project; 6) and
requested that Mercy Housing provide a statement as to
exactly what services are going to be available there,
the terms of project services and what the manager
would actually do as far as the residents and the
grounds
BWP(A)C (with Supervisor Beautz voting "no" on the
adoption of the Resolution"
66. Continued public hearing to consider the Coastal
Commissions'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;
continued public hearing to January 29, 2002
APBWC
67. Public hearing to consider the recommendation of the
Planning Commission regarding the Seacliff Village
Plan to establish land use policies for the Seacliff
Special Community in Aptos, including changing the
land use designation and/or zoning on five parcels
(Assessor's Parcel Numbers 038-081-36, 042-011-06,
042-021-01, 042-021-08, and 042-032-12) and modifying
General Plan figure 2-5 (Coastal Priority Sites) to
indicate that the McGregor site (Assessor's Parcel
Number 038-081-36) priority uses are visitor
accommodations and proposed park, recreation and open
space;
adopted RESOLUTION NO. 421-2001 approving the Seacliff
Village Plan and the Negative Declaration issued
therefore and amending the General Plan - Local
Coastal Program Land Use Plan and Implementation Plan
relating to the Seacliff Village Special Community and
deleting from the plan on page 45 of 73 the following:
Three traffic lanes on State Park Drive, to facilitate
left turn lanes; and Retention of diagonal parking on
the south side of Center Street; corrected the number
of visitors to 1,888,000; adopted ORDINANCE NO. 4644
amending Chapter 13.10 of the Santa Cruz County code
to rezone certain parcels as described in the
ordinance; and directed the Planning Department to
submit the Seacliff Village Plan to the Coastal
Commission for certification as part of the Coastal
Rounds of 2001;
(2) amended main motion to modify language in the staff
report, under Maintenance of Affordable Housing, on
page 6 of 12 as follows: "continue the current
enforcement policies relative to occupancy limits
contained in the Use Permits for the site (i.e. not
displace the residents) ensure that the owner does not
displace any residents involuntarily, require
preparation and adoption of a replacements housing
plan, and a relocation plan for residents prior to any
County action that would result in the displacement of
the residents and require that the Replacement Housing
Plan identify new sites and projects within the
Seacliff area and/or neighboring communities within
the Second District for the development of 31 units
that are affordable to very low income households."
(1) PABWC
(2) WABPC
68. Continued public hearing to consider amendments to the
Santa Cruz County Code Grading Ordinance regarding
revised design standards for private roads, driveways
and bridges;
continued public hearing to January 29, 2002; with
additional direction to the Planning Director to
gather additional public input on the impact of this
ordinance on private road associations and owners,
with a particular view towards addressing the issue of
mitigating hardships that might arise when a person
comes in to apply for permits after any kind of
disaster, or anything which would expand the use on
the property that only uses an existing road
AWBPC
69. CONSIDERED preliminary ordinance to allow second units
on agricultural land;
gave preliminary approval of ordinance amendment to
allow second units on agricultural land; referred the
ordinance as requested by the Farm Bureau to the
Planning Commission and the Agricultural Policy
Advisory Commission for review, input and
recommendation; and directed the Planning Department
to report back to the Board on this matter on April 9,
2002; with an additional directive that on page 831,
delete the bolded language that reads: "On
Agricultural land, limited to 800 square feet."
WPBAC
70. CONSIDERED report regarding Planned Unit Developments;
considered ordinance re-establishing the Planned Unit
Development; referred the ordinance to the Planning
Commission for review, input and recommendations; and
directed the Planning Department to report back on
this matter on April 9, 2002; with additional
directives that on page 846 under (b) Where Allowed
change language to read: "A planned unit development
may be located in any residential zoning district upon
the granting of a use permit in accordance with the
provisions of this Chapter."; and that under (c)
Permitted Uses, (1) change language to read: " Any use
permitted in any residential district either as a
permitted use or a conditional use, or any combination
of such uses may be included in a planned unit
development on a site of ten (10) acres or more,
located in an "R-1" or "RM" district, where consistent
with the General Plan
WBpAC
71. CONTINUED TO DECEMBER 4, 2001 report of the Personnel
Department and resolution to expedite the County
recruitment process and ordinance amending Santa Cruz
County Code Section 3.20.050 regarding Eligible lists
WABPC
72. CONSIDERED Civil Service Rule Change extending the
probationary period of Deputy Agricultural
Commissioner/Sealer to twelve months;
adopted RESOLUTION NO. 421-2001 amending Resolution
No. 247-76 amending Personnel Regulations
WPBAC
73. RECEIVED bids regarding the Watsonville Veterans
Memorial Building Bathrooms Remodel Project and
referred to General Services Department to return on
or before December 11, 2001 with a recommendation on
awarding bid
APBWC
73.1 ACCEPTED AND FILED informational report on safety and
legal issues regarding wireless communications
facilities, as recommended by the Planning Director
AWBPC
73.2 ACCEPTED AND FILED report on County of Santa Cruz
Implementation Plan for FishNet 4C Goals for County
Policies, Planning and Management; approved the
Implementation Plan, as revised; directed Planning,
Public Works, Environmental Health Services, Parks,
Open Space and Cultural Services, and County Counsel
to incorporate proposed implementation actions into
their work programs; and directed the Planning
Department to report back on November 19, 2002, with a
progress report on the Implementation Plan; with an
additional directive to include, as part of the public
record, reports submitted by Mr. Bob Briggs
AWBPC
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 December 4, 2001
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