Santa Cruz County Board of Supervisors Minutes: 11/7/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 28
Tuesday, November 7, 2006

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, S = Stone; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.		Supervisor Wormhoudt present only for the 9:00 a.m. Consent and Regular Agenda
2.		Moment of Silence and Pledge of Allegiance
3.		ADDED to Item No. 39, Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case Name/No.: City of Santa Cruz, et al. v. Regents of the University of California Santa Cruz County Superior Court Case No. CV 155571; DELETED from Item No. 39, Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case Name/No.: Ernestina Saldana, et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 149432; Sixth District Court of Appeal Case No. H028899
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - No one addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 17, 2006 and October 24, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 19, 2006 through November 1, 2006 and approved upon adoption of the 2006/2007 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 Edward Charles Burks, Claim No. 607-028 and referred to County Counsel

11.   ACCEPTED AND FILED report on the audit of the Public Guardian/Public conservator; directed the Health Services Agency to implement the recommendation detailed in the report; and directed Health Services Agency to report back to the Board on the status of the implementation of the recommendations during budget hearings, as recommended by the Auditor-Controller

12.   ADOPTED RESOLUTION NO. 353-2006 appointing Ken Corbishley as Agricultural Commissioner/Sealer of Weights and Measures, as recommended by the County Administrative Officer

13.   APPROVED the Proposition 172 Maintenance of Effort (MOE) calculation for 2006/2007; and directed the County Administrative Officer to execute and forward the 2006/2007 Certification to the Auditor-Controller, as recommended by the County Administrative Officer

14.   ACCEPTED AND FILED report on special district and special fund financial adjustments included in the 2006/2007 Final County Budget, as recommended by the County Administrative Officer

15.   APPROVED Amendment to Agreement with Technical Roof Services, Incorporated for consulting and design services for roof replacement at 1060 Emeline, and the exterior wall sealants at the Government Center, the Medium Security facility and the Main Jail and approved related actions, as recommended by the Director of General Services

16.   ADOPTED RESOLUTION NO. 354-2006 accepting and appropriating $62,920 of unanticipated revenue from Corrections Standards Authority to fund Sheriff's Office Detention Bureau's Annual Training Plan, as recommended by the Sheriff-Coroner

17.   ADOPTED RESOLUTION NO. 355-2006 allowing the sale of tax-defaulted property at public auction via the Internet, as recommended by the Treasurer-Tax Collector

18.   APPROVED appointment of Alfred A. Hodder to the Pajaro Dunes Geologic Hazard Abatement District for a four year term, as recommended by Supervisor Pirie

19.   APPROVED appointment of Tom Graves to the Alcoholism and Drug Abuse Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

20.   APPROVED appointment of Katie Limas to the Alcoholism and Drug Abuse Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

21.   APPROVED appointment of Pola Espinoza to the First 5 Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

22.   ACCEPTED nomination of Jayne Lovell for reappointment to the Long Term Care Interagency Commission, as an at-large representative of acute or long term care health services, for a term to expire April 1, 2010, with final appointment to be considered on November 14, 2006, as recommended by Chair Stone

23.   APPROVED appointment of Catherine Morrison to the Long Term Care Interagency Commission, as the representative of the Health Services Agency, for a term to expire April 1, 2008, as recommended by Chair Stone

24.   ACCEPTED notification of two at-large vacancies on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on November 21, 2006, and final appointments to be considered on December 5, 2006, as recommended by Chair Stone

25.   ACCEPTED AND FILED annual report of the Domestic Violence Commission, and approved related action, as recommended by Chair Stone

26.   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 Director

27.   ADOPTED RESOLUTION NO. 356-2006 accepting and appropriating $79,459 for the Multipurpose Senior Services Program; approved transfer of funds in the amount of $49,459 to Health Services Agency for nursing services; approved increase of a .50 FTE Public Health Nurse to 1.0 FTE Public Health Nurse into the Health Services Agency Public Health Division budget; and approved related actions, as recommended by the Human Resources Agency Director

28.   APPROVED license agreement with the State of California, Military Department for use of the Santa Cruz Armory for fiscal year 2006/2007 in an amount not-to-exceed $59,280; authorized a contract with the Homeless Services Agency for the provision of winter shelter facilities in an amount not-to-exceed $88,394; authorized a contract with the Salvation Army for the provision of winter shelter facilities in the amount not-to-exceed $47,876; adopted RESOLUTION NO. 357-2006 accepting and appropriating $3,622 in unanticipated revenue; and approved related actions, as recommended by the Human Resources Agency Director

29.   SCHEDULED a public hearing Tuesday, December 5, 2006, on the morning agenda at 9:00 a.m. or thereafter to consider recommendation of the Planning Commission regarding proposed amendments to the General Plan - Local Coastal Program, Seacliff Village Plan, and County Code Chapter 13.10; and a minor land division; all to facilitate future development of additional affordable housing and a new neighborhood park in the Seacliff area of Aptos; and approved related action, as recommended by the Planning Director

30.   SCHEDULED a public hearing on Tuesday, December 5, 2006, on the morning agenda, at 9:00 a.m. or thereafter, to consider revisions to the Condominium Conversion Regulations and approved related action, as recommended by the Planning Director

31.   SCHEDULED a public hearing on Tuesday, December 5, 2006, on the morning agenda, at 9:00 a.m. or thereafter, to consider Planning Commission recommendation regarding proposed ordinance amendments to the County Code to increase the maximum lot coverage on parcels of certain sizes, add a new County Code section to allow front yard averaging on residential lots, modify the definition of "Site Area, Net" for residential properties, and approved related action, as recommended by the Planning Director

32.   SCHEDULED a public hearing on Tuesday, December 5, 2006, on the morning agenda at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission regarding adding a very low income affordability component to housing units created through conversion of non-residential land to residential land and approved related action, as recommended by the Planning Director

33.   ACCEPTED AND FILED report on the El Rancho Drive 2006 Storm Damage Repair Project at Highway 17 Beulah Park Undercrossing, and directed Public Works to return with a recommendation for award on November 14, 2006, as recommended by the Director of Public Works

34.   ACCEPTED AND FILED status report on emergency repairs - Vine Hill Road Storm Damage Repair Project and Cathedral Drive Storm Damage Repair Project, and directed Public Works to return with a project status report on November 21, 2006, as recommended by the Director of Public Works

35.   APPROVED independent contractor agreement with SCS Field Services, Incorporated for landfill gas collection system monitoring, maintenance and repairs at the County's landfills in the not-to-exceed amount of $60,000 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

36.   ACCEPTED low bid from Triton Construction in the amount of $88,000 for the Underground Storage Tank Sump and Fuel System Monitor Upgrade Project (Brommer and Felton Yards); authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

37.   RATIFIED contract change order No. 1 in the amount of $19,721.50 for the 2005/2006 Overlay Project, as recommended by the Director of Public Works

38.   SEE ITEM NO. 45.1 REGULAR AGENDA

39.   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.: Big Creek Lumber Company, et al. v. County of Santa Cruz, et al. California Supreme Court Case No. S123659

Case Name/No.: City of Santa Cruz, et al. v. Regents of the University of California Santa Cruz County Superior Court Case No. CV 155571

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

40.   ACCEPTED presentation from representatives from Second Harvest Food Bank and established November 6, 2006 through December 1, 2006 as the period for contributions to the food drive at County facilities
BPWCS

41.   Continued public hearing to consider the Planning Commission recommendation regarding adoption of revisions to the Housing Element; closed public hearing;

(1) approved the Negative Declaration for the Housing Element (Attachment 4) and instructed the Clerk to file the document;

(2) adopted RESOLUTION NO. 358-2006 adopting Amended Housing Element of the Santa Cruz County General Plan (Attachment 1); and

(3) directed staff to forward the Housing Element to HCD for formal certification action, in conformance with their letter of October 13,2006
WPB(C)S Supervisor Campos abstained because he owns property within a 1000 lineal foot distance

42.   Study session on Foster Care Services;

(1) conducted the Child Welfare services study on foster care;

(2) directed County Counsel to return on December 5, 2006 with a legal analysis of the Foster Parents Association of Santa Cruz County's proposed Foster/Kinship Parents Bill of Rights; and

(3) directed the Human Resources Agency Director to return on December 5, 2006 with a report on Assembly Bill 636 requirements regarding the Self-Improvement Plan (SIP), and recommendations for implementing a community planning process in preparation for an updated Child Welfare Services SIP that includes representatives such as birth parents, former foster youth, resources families, Court Appointed Special Advocates, attorneys and other key stakeholders recommended by the Human Services Commission and the Foster Parents Association of Santa Cruz County
CPB/W/S

43.   Public hearing held to consider Application 06-0451, a proposal to modify conditions of approval for the Woods Cove Subdivision, located off Graham Hill Road;

closed public hearing;

(1) approved the Mitigated Negative Declaration as complying with the California Environmental Quality Act (Attachment 3); and

(2) approved Application 06-0451, based on Findings (Attachment 1) and subject to Conditions of Approval (Attachment 2), to allow grading outside the development envelope for Lot 3 of the Woods Cove subdivision (APN 061-461-03)
CPB/W/S

44.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, Public hearing held to consider adoption of ordinance to amend District Code Title 3, Article III, Sections 3.045.670 and 4.04.680 to include an Amesti Road sewer repayment plan;

closed public hearing;

(1) accepted the revised repayment area fee and ordinance language;

(2) set public hearing for December 5, 2006, at 9:00 a.m. or thereafter to adopt an ordinance to amend District Code Title 3, Article VIII, Sections 3.04.670 and 3.04.680 to include an Amesti Road sewer repayment plan; and

(3) directed the Clerk of the Board to advertise the Notice of Public hearing on November 12, 2006, in a newspaper of general circulation
CPB/W/S

45.   CONSIDERED accepting site improvements for Tract 1419, Mar Sereno Estates as completed in accordance with previously approved plans, along with a related ordinance amending Subsection M of Section 9.28.020 of the Santa Cruz County Code; and related actions

(1) accepted the subdivision site improvements as completed in accordance with previously approved plans;

(2) adopted RESOLUTION NO. 359-2006 accepting Mar Sereno Drive into the County maintained road system;

(3) adopted RESOLUTION NO. 360-2006 accepting offer of dedication of parcel to the County;

(4) adopted "in concept" ordinance amending Subsection M of Section 9.28.020 of the Santa Cruz County Code to return on November 14, 2006 for final adoption;

(5) directed the Clerk of the Board to return a certified copy of the resolution to Public Works Real Property for recordation;

(6) directed the Clerk of the Board to release $400,000 of the Faithful Performance Security, but to retain sufficient funds from the Faithful Performance Security (in the amount of $400,000) to provide for the Guarantee, Warranty and maintenance of Work Security;

(7) at the end of three months, Public Works shall provide for a search of the records by the Auditor-Controller's Office. If that search reveals no posted liens against the project, the Public Works Director shall authorize the Clerk of the Board to release the Labor and Materials Security in the amount of $400,000; and

(8) at the end of twelve months, Public Works shall conduct a review of the project. At that time, the Public Works Director shall authorize the Clerk of the Board to release the $400,000 retained as the Guarantee, Warranty, and Maintenance of Work Security, provided there are no problems with the improvements
PCB/W/S

45.1.   ADOPTED RESOLUTION NO. 361-2006 accepting and appropriating unanticipated Proposition 42 revenues in the amount of $137,388 into the 2006/2007 Public Works Road Budget; approved independent contractor agreement with Gene Bregman and Associates in the amount of $20,000 to conduct a public opinion survey; approved independent contractor agreement with Nichols Consulting Engineers in the amount of $108,400 for pavement inspection and pavement database analysis; directed Public Works to return on or before February 27, 2007, with a report on the results of the public opinion survey and update on the pavement management report, as recommended by the Director of Public Works
BP/W/CS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS