Santa Cruz County Board of Supervisors Minutes: 2/15/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 6
Tuesday, February 15, 2005

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.		Additions to Consent Agenda: Item Nos. 45.1 and 45.2
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 February 1, 2005, as recommended by the Clerk of the Board

8.   DELETED ITEM

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 Maria de los Angeles Gutierrez Alcantar, No. 405-090, and referred to County Counsel

11.   REJECTED the claim of Donna Schwarzbach for Hans Schwarzbach, No. 405-088, and referred to County Counsel

12.   APPROVED amendments to two agreements with Appleby and Company for technical services to extend the period of the contracts to December 31, 2005, as recommended by the Assessor-Recorder

13.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $323 to replace specified uncashed and staledated warrants, as recommended by the Auditor-Controller

14.   APPROVED agreement with Maximus in the amount of $32,800 to record and value the County's infrastructure assets and authorized the Director of Public Works to sign the agreement, as recommended by the Auditor-Controller and the Director of Public Works

15.   SCHEDULED a public hearing on Tuesday, March 8, 2005 at 9:00 a.m. or thereafter for special consideration of the Planning Commission's decision regarding Application No. 02-0600, Assessor's Parcel Number: 032-242-11, as recommended by the Clerk of the Board

16.   APPROVED transfer of funds in the amount of $264,421 from contingencies to Index 451000 to provide for the payment of "undesignated fees" to the State of California as required by Assembly Bill 1759 and approved related actions, as recommended by the County Administrative Officer

17.   ACCEPTED AND FILED a report on methods to assure the consistent application of policies and procedures by County Departments and directed staff to return with changes to the County's policies and procedures manual on the next scheduled update, as recommended by the County Administrative Officer

18.   DECLARED used County vehicles and miscellaneous equipment to be surplus to County needs and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

19.   APPROVED contract amendments with Motorola/Printrak for the Open Query Message Switch project to provide associated system upgrades and additional software licenses at no additional cost, as recommended by the Sheriff-Coroner

20.   APPROVED purchase of Detention Bureau equipment for $6,100 from State Law Enforcement Supplemental Funds, as recommended by the Sheriff-Coroner

21.   APPROVED appointment of Myrna Sherman to the Mental Health Advisory Board for a term to expire April 1, 2007, as recommended by Supervisor Beautz

22.   APPROVED appointment of Alexander Leman to the Fire Department Advisory Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

23.   CONTINUED TO MARCH 1, 2005 consideration to direct the Chairman to send a notice to the Santa Cruz County Regional Transportation Commission, in accordance with Section 6.4 of the Memorandum of Understanding between the County and the Commission, indicating the Board's decision to terminate the agreement effective February 15, 2006

24.   APPROVED appointment of Maria Rodriguez-Castillo to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

25.   ACCEPTED notification of three at-large vacancies on the First 5 Commission, as outlined, with nominations for appointment to be received on March 8, 2005, and final appointments to be made March 15, 2005, as recommended by Chairman Campos

26.   ACCEPTED notification of at-large vacancies on various advisory bodies, as outlined, with nominations for appointment to be received on March 8, 2005, and final appointments to be made March 15, 2005, as recommended by Chairman Campos

27.   ACCEPTED AND FILED annual report of the Long Term Care Interagency Commission, and approved related action, as recommended by Chairman Campos

28.   ACCEPTED AND FILED annual report of the Seniors Commission, and approved related action, as recommended by Chairman Campos

29.   ACCEPTED AND FILED annual report of the Workforce Investment Board, and approved related action, as recommended by Chairman Campos

30.   ACCEPTED AND FILED annual report of the Mental Health Advisory Board, and approved related action, as recommended by Chairman Campos

31.   ACCEPTED AND FILED annual report of the Housing Advisory Commission, and approved related action, as recommended by Chairman Campos

32.   ACCEPTED AND FILED annual report of the Equal Employment Opportunity Commission, and approved related action, as recommended by Chairman Campos

33.   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

34.   AUTHORIZED the Health Services Agency Director to sign grant award agreement with the State Department of Alcohol and Drug Programs for $98,892 for development of a Dependency Drug Court; adopted RESOLUTION NO. 24-2005 accepting and appropriating $49,946 in unanticipated state revenue into Alcohol and Drug Program budget; and approved related staffing action, as recommended by the Health Services Agency Director

35.   ACCEPTED AND FILED report on the Santa Cruz AIDS Project, as recommended by the Health Services Agency Director

35.1.   DEFERRED report on County Water Resource Management until March 1, 2005, as recommended by the Health Services Agency Director

36.   AUTHORIZED the Human Resources Agency Director to sign a contract with Document Fulfillment Services for CalWIN correspondence printing in an amount not-to-exceed $28,000 for fiscal year 2004-05 and $140,425 per year through fiscal year 2008-09, as recommended by the Human Resources Agency Director

37.   ADOPTED RESOLUTION NO. 25-2005 accepting and appropriating unanticipated revenue in the amount of $728,750 for the CalWIN Project, as recommended by the Human Resources Agency Director

38.   ACCEPTED AND FILED progress report on the Hansen computer system, as recommended by the Information Services and Planning Directors

39.   ACCEPTED AND FILED report on timber related activities and authorized the Board Chair to send a letter of opposition, if the Little Hoover Commission recommends elimination of the Board of Forestry and Fire Protection; with an additional direction that staff report back after the Regional Water Quality Control Board has acted

40.   ACCEPTED AND FILED report on Single Room Occupancy Rehabilitation Grant project; directed the Planning Director to allocate up to $30,000 from the County Housing Fund to Santa Cruz Community Counseling Center for predevelopment expenses for the 111 Barson Street project and directed the Planning, Human Resources Agency and Health Services Agency Directors to return to the Board on or before May 17, 2005 with a status report on the project, including recommendations for County financial assistance and a final Memorandum of Understanding, as recommended by the Planning Director

41.   ACCEPTED AND FILED the 2004 Live Oak Parking Program Report; directed the Public Works Department to initiate the 2005 Live Oak Parking Program; adopted RESOLUTION NO. 26-2005 Establishing 2005 Fees for Permit Parking in the Live Oak Beach Area; adopted RESOLUTION NO. 27-2005 Establishing the Live Oak Permit Parking Zone for 2005; adopted RESOLUTION NO. 28-2005 Establishing the Period of Restricted Parking in the Live Oak Beach Area for 2005; approved transfer of funds in the amount of $26,000; and authorized the purchase of a portable office trailer, as recommended by the Director of Public Works

42.   ACCEPTED low bid from Triton Construction in the amount of $163,800 for the Gasoline Enhanced Vapor Recovery Systems and Diesel Spill Buckets at the Felton, Brommer, and Lode Street County Facilities; authorized award of contract; authorized the Director of Public Works to sign the contract; approved transfer of $40,000 from Public Works Fixed Asset Replacement Reserve, as recommended by the Director of Public Works

43.   ACCEPTED and approved the engineer's report for County Service Area No. 59, McGaffigan Mill Road; adopted RESOLUTION NO. 29-2005 of Intention to Authorize and Levy an Increased Assessment for Bridge and Road Maintenance and Operations County Service Area No. 59, McGaffigan Mill Road; approved notice of public hearing, ballot procedures, and ballots for the proposed increased 2005/06 assessments; scheduled a public hearing on Tuesday, April 5, 2005; directed the Clerk of the Board to publish a summary notice of the public hearing; and directed Public Works to mail ballots to the record owners of properties, as recommended by the Director Public Works

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ADOPTED RESOLUTION NO. 30-2005 Establishing Rules and Regulations for the Operation of the Board of Directors of the Santa Cruz County Flood Control and Water Conservation District - Zone 7A, as recommended by the District Engineer

45.   SCHEDULED a public hearing on Tuesday, March 15 and Tuesday, April 26, 2005, on the morning agendas at 9:00 a.m. or thereafter, to consider the Annual Reports of the Soquel Village Parking and Business Improvement Area to adopt assessment charges, and directed the Clerk of the Board to approve related noticing actions, as recommended by the Redevelopment Agency Administrator

45.1.   ACCEPTED AND FILED status report on Locality 99 (Medicare rates) and directed the Health Services Agency to return with a further report when definitive action on the part of the federal government has taken place; with an additional direction that the Health Services Agency return at budget hearings with a further report on Locality 99 (Medicare Rates)

45.2.   SCHEDULED a public hearing on Tuesday, March 8, 2005 at 9:00 a.m. or thereafter for special consideration of the Planning Commission's decision denying Application No. 04-0044, for a single family dwelling on a single lot at the end of Beach Drive in Aptos, as recommended by the Clerk of the Board

46.   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.: City of Capitola, et al. v. Nicolas Papadakis, et al.

Santa Clara Superior Court Case No. CV 818073

Case Name/No.: Cooper Crane & Rigging, Incorporated v. County of Santa Cruz, et al. Santa Cruz Superior Court Case No. CV 150509

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case

REPORT OF COUNTY COUNSEL - In the case of Cooper Crane & Rigging, Incorporated v. County of Santa Cruz, et al. Santa Cruz Superior Court Case No. CV 150509, the Board of Supervisors unanimously authorized settlement of claim in the amount of $17,500
BPWSC

REGULAR AGENDA

47.   Presentation of awards and proclamations to County employees who achieved excellence in the execution of their duties and responsibilities

48.   CONSIDERED report on jail overcrowding;

(1) accepted and filed report on Jail Overcrowding;

(2) requested the Sheriff's Office to work with the Chairperson of the Board of Supervisors to designate a representative from the Board to the Jail Overcrowding Committee and requested the Sheriff-Coroner to appoint representatives from providers of community-based services and substance abuse treatment services to inmates to the Jail Overcrowding Committee;

(3) requested the Sheriff's Office to return in June 2005 with a report on information provided by the subgroups of the Jail Overcrowding Committee and any recommendations; including a report on the composition of the Committee;

(4) requested the Sheriff's Office to return with a status report regarding the plan, implementation and success of the various proposed strategies on September 20, 2005;

(5) directed the Probation Department to return in June 2005 and provide projections of jail bed days that could be saved based on specific program options, provide staffing and costs for each option, and information on which option would be supported by the judges; and

(6) directed Probation to work with the Health Services Agency and the Sheriff to develop alternatives to incarceration for special populations including inmates with major mental health issues and significant medical needs
PBWSC

49.   Public hearing held to consider adopting amendments to the County of Santa Cruz Non-Disposal Facility Element;

(1)conducted public hearing on adopting amendments to the County of Santa Cruz Non-Disposal Facility Element;

(2) closed public hearing, and at the conclusion of the public hearing, adopted RESOLUTION NO. 31-2005 Adopting Amendments to the County of Santa Cruz Non-Disposal Facility Element
PWBSC

50.   CONSIDERED report on Resource Recovery and Waste Management Facilities - Short Range and Long Range Planning;

(1) directed Public Works to continue considering the option of transferring refuse from the Ben Lomond Transfer Station to the Monterey Regional Waste Management District Landfill and directed staff to continue negotiations with Marina;

(2) directed Public Works to issue a Request for Proposal for consulting services to assist the County with long-range resource recovery and waste management facilities planning;

(3) adopted the guiding principals for resource recovery and waste management programs;

(4) requested the Landfill Materials Ban Ordinance, and the Ban or Surcharge Waste from Outside County Service Area No. 9-C, return on April 12, 2005 with a recommendation on implementation;

(5) clarified that the Board is not pursuing mandatory refuse/recycling collection in the rural area and requested that staff return on April 12, 2005 with an analysis of the issues of the urban area including: (a) what the rate is now, (b) the specific percentage of people in the urban area who are paying for trash pick-up, (c) the possibility of providing smaller receptacles at a lower cost than are now offered and (d) a timeline for addressing the issues of Provision of Recycling Services by Drop Box Service Providers, Construction and Demolition Recycling Ordinance, Green Building Design Ordinance, Universal Food Waste Collection/Regional Compost Facility, and Recycling Program Improvements
WCBPS

51.   APPROVED appointment of Chris Berry to the Environmental Health Appeals Commission, as an at-large representative in the category of "person with knowledge of soils and/or hydrology," in accordance with County Code Section 2.56.040, for a term to expire April 1, 2007
SPBWC

52.   Public hearing held to consider proposal to convert an approved 98 space recreational vehicle park to a 68 unit permanent occupancy, affordable residential development (Golden Torch RV Park Conversion); the property is located on the north side of Freedom Boulevard east of McDonald Road in Aptos Hills at 6100 Freedom Boulevard and 220 Apple Lane; Application Number: 04-0039; Assessor's Parcel Numbers: 041-271-28 and a portion of 041-271-69; Applicant: Mid-Peninsula Housing Coalition; Owner: MP New Communities Associates II;

(1) closed public hearing;

(2) certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act;

(3) approved Application 04-0039 for a Residential Development Permit, Lot Line Adjustment and Preliminary Grading Approval;

(4) with additional directions to (a) include changes to Condition II.A.6. of the Conditions of Approval to read, "Show architectural design/plan elements that respond to the comments in the Planning Urban Designer's letter dated 3/22/04. This includes: show gutters and downspouts and permanent unit storage facilities, if proposed. Add window variety, trim board at the corners of the siding, a band separating the shingles from the horizontal siding, 2x trim to the tops and bottoms of each front porch column, and/or other architectural treatment to street facing building facades to increase articulation and interest, to be reviewed and approved by the Planning Director. Window size and locations must also be shown consistently between the elevations and floor plans", (b) that the fence around the entire property be maintained for the protection of the children, and (c) that one year after full occupancy of the units, the Board receive a report on how the parking management plan is going
WPBSC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS