Santa Cruz County Board of Supervisors Minutes: 11/16/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 34
Tuesday, November 16, 2004

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.		All Supervisors present
2.		Moment of Silence and Pledge of Allegiance
3.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 2, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 4, 2004 through November 10, 2004 and approved upon adoption of the 2004/2005 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 Larry Valles, No. 405-048, and referred to County Counsel

11.   REJECTED the claim of Larry Valles, No. 405-049, and referred to County Counsel

12.   REJECTED the claims of Tony C. Lee, No. 405-051 and No. 405-051 (Amended), and referred to County Counsel

13.   ACCEPTED Assembly Bill 2766 grant award from the Monterey Bay Air Pollution Control District in the amount of $30,000 for the upgrade of the CNG fueling station, and authorized the General Services Director to sign as the County's authorized representative, as recommended by the Director of General Services

14.   ACCEPTED AND FILED Probation Department progress report to Board of Corrections for the Crime Prevention Act of 2000 (AB1913) Program, as recommended by the Chief Probation Officer

15.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending October 31, 2004, as recommended by the Acting Treasurer-Tax Collector

16.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending September 30, 2004, as recommended by the Acting Treasurer-Tax Collector

17.   APPROVED appointment of Peggy Snider to the Arts Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

18.   ACCEPTED nomination of Steve Olson for appointment to the In-Home Supportive Services Advisory Commission, as an at-large consumer representative, for a term to expire April 1, 2005, with final appointment to be made November 23, 2004, as recommended by Supervisor Wormhoudt

19.   APPROVED appointment of Supervisor Stone to the Metropolitan Transit District Board of Directors for a term to expire December 31, 2008, as recommended by Chair Wormhoudt

20.   ACCEPTED notification of an at-large vacancy on the Managed Medical Care Commission, for a representative of a non-governmental community clinic, with nominations for appointment to be received on December 7, 2004, and final appointment to be made December 14, 2004, as recommended by Chair Wormhoudt

21.   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

22.   ACCEPTED AND FILED report on the need to continue the state of local emergency resulting from the shortage of influenza vaccine, as recommended by the Health Services Agency Director

23.   ADOPTED RESOLUTION NO. 368-2004 accepting and appropriating $176,421 of unanticipated state revenue into the Health Services Agency Alcohol and Drug Program budget for a planning grant to prevent binge drinking; authorized the Health Services Agency Director to sign grant award agreement with the State Department of Alcohol and Drug Programs; and approved agreement with United Way of Santa Cruz County for grant services of $93,565; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

24.   APPROVED agreement with California Municipal Technologies to provide web hosting and maintenance of the training provider and course information system; authorized the Human Resources Agency to sign the contract; and approved related actions, as recommended by the Human Resources Agency Director

25.   SCHEDULED a public hearing on December 14, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider ordinance revising the approval process for two-story second units within the urban services line; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

26.   CONTINUED TO NOVEMBER 23, 2004 progress report on the Implementation Plan for FishNet 4C

27.   ACCEPTED recommendation of the Planning Director relative to proposed amendments to the Grading and Riparian Corridor Protection ordinances regarding exempting certain activities in the Pajaro River from local permits and approved related actions, as recommended by the Planning Director

28.   CONTINUED TO NOVEMBER 23, 2004 report on the Abandoned Vehicle Abatement Program

29.   ADOPTED RESOLUTION NO. 369-2004 authorizing the installation of road bumps on Martin Drive, between Cliff Drive and Rio del Mar Boulevard, Aptos, as recommended by the Director of Public Works

30.   ACCEPTED AND FILED the FishNet 4C cooperative operations and maintenance manual "Guidelines for Protecting Aquatic Habitat and Salmon Fisheries for County Road Maintenance" and directed Public Works to use the manual as guidelines for road maintenance activities, as recommended by the Director of Public Works

31.   ACCEPTED low bid for Vanguard Construction in the amount of $69,430 for the College Road at Anderson Drive Curb, Gutter, and Sidewalk Improvement project; 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

32.   ADOPTED RESOLUTION NO. 370-2004 for right-of-way acquisition for the Calabasas Road Improvement project; authorized the Director to sign the agreements on behalf of the County; and approved payment of claim, as recommended by the Director of Public Works

33.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ACCEPTED AND FILED status report on the Pajaro River Levee Reconstruction project, and directed Public Works to return on or before March 1, 2005 with a status report on the project, its environmental documentation, and the project schedule, as recommended by the District Engineer

34.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ADOPTED RESOLUTION NO. 371-2004 authorizing submittal of a grant application to the Local Groundwater Management Assistance Program for the lower San Lorenzo Valley conjunctive use study and authorizing the District Engineer to enter into a grant agreement, as recommended by the District Engineer

35.   APPROVED 2004/2005 Public Art Plan as presented by the Arts Commission, as recommended by the Director of Parks, Open Space and Cultural Services

36.   AUTHORIZED the Chief Real Property Agent and Director of Parks to enter into negotiations with the owners of the McGregor property (APN 038-081-36) to establish a purchase price for the property, and approved related action, as recommended by the Director of Parks, Open Space and Cultural Services

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED a public hearing on December 14, 2004, on the morning agenda, at 9:00 a.m. or thereafter for the purpose of reviewing the Redevelopment Implementation Plan for the Live Oak-Soquel Project Area, and directed the Clerk of the Board to publish the notice, as recommended by the Redevelopment Agency Administrator

38.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address (APN if no street addresses): APN 038-081-36

Negotiating parties (not agents): Scott Loichinger, Chief Real Property Agent, Public Works, and Vimal Kumar, Tara Kumar, Nitin Kumar and Veena Kumar

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

39. CONSIDERED report regarding the regulation of large Family Day Care homes;

(1) directed the Planning Director to develop an interim policy interpretation consistent with County Counsel's opinion, to inform the staff and public that Large Family Day Care Homes are currently only allowed within the residential zone districts and to develop clarifying ordinance language as part of the next round of zoning ordinance cleanup changes;

(2) affirmed the current policy of allowing Large Family Day Care Homes on properties with residential zoning, as described in the letter of the Planning Director dated November 9, 2004, and directed the Planning Department to continue to monitor neighborhood complaints regarding day care facilities and report back to the Board, as appropriate, should the level of complaints increase significantly;

(3) directed the Planning Department to develop proposed ordinance amendments, for review by the Planning Commission and final review by the Board, which would allow Large Family Day Care Homes as a conditional use within particular non-residential zone districts;

(4) directed the Planning Director to communicate the County's intention to limit Large Family Day Care Homes within non-residential zone districts to the California Department of Social Services, with the intention of coordinating in a fashion that precludes the State from licensing such facilities in the future on such sites without first consulting with the County;

(5) requested the Board Chairperson to write a letter to our local legislators requesting their assistance in getting the State Department of Social Services to define a process by which licenses within jurisdictions that have informed them of zoning limitations for Large Family Day Care Homes are not issued until all local requirements have been met; with the following additional directions: a) replace the wording "Large Family Day Care Homes" with "Large Family Child Care Homes, (b) indicate that Small Family Child Care Homes are permitted in all zone districts and (c) clarify that the two existing Large Family Child Care Homes are not going to be denied their ability to continue pending whatever process the Board sets up with respect to use permits with Large Family Child Care homes in non-residential zones
SCB(P)W

40. Presentation made honoring State Senator Bruce McPherson

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS