Santa Cruz County Board of Supervisors Minutes: 5/17/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 15
Tuesday, May 17, 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.		Consent Agenda: ADDED Item Nos. 46.1 and 46.2; Closed Session Agenda: DELETED from Item No. 47: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Case Name/No.: Kevin McCarthy v. County of Santa Cruz Workers Compensation Appeals Board Case No. SAL 104190
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - Six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of April 26, 2005 and May 3, 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.   ADOPTED ORDINANCE NO. 4787 Adding Subdivision (H) to Section 9.70.480 of the Santa Cruz County Code Relating to the Transportation of Mobile Homes Over County Roads
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11.   ADOPTED RESOLUITON NO. 140-2005 accepting and appropriating $55,000 in unanticipated revenue; approved transfer of funds in the amount of $35,365 from County reserves to pay for interim West Nile Virus control program for the unincorporated area; authorized the addition of two Agricultural Biologist Aide positions; and approved related actions, as recommended by the Agricultural Commissioner
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12.   ACCEPTED AND FILED report on the agreement between Santa Cruz County and Santa Cruz County Regional Transportation Commission and directed the County Administrative Officer to report back in August 2005 with an update on the Transportation Commission's autonomy activities, as recommended by the County Administrative Officer

13.   APPROVED the proposed County Budget for 2005/2006 as the basis for deliberations during budget hearings; set Monday, June 13, 2005 as the date to begin public hearings on the proposed budget; and approved related actions, as recommended by the County Administrative Officer

14.   ACCEPTED the Statement of Vote for the May 3, 2005 Special Election, and declared the results of the Measure V election, pursuant to Elections Code Section 15400, as recommended by the County Clerk

15.   APPROVED an advance from the Capital Projects-Public Facility Retrofit fund and authorized payment in the amount of $22,000 to Bonny Doon Volunteer Fire and Rescue Team and Auxiliary and approved related actions, as recommended by the Emergency Services Administrator

16.   ADOPTED RESOLUTION NO. 141-2005 scheduling a public hearing on Tuesday, June 14, 2005, on the morning agenda, at 9:00 a.m. or thereafter to consider proposed 2005/2006 Fire Protection Assessment service charge reports for County Service Areas (CSA) No. 4, Pajaro Dunes and No. 48, County Fire; directed the Clerk of the Board to take related actions; adopted RESOLUTION NO. 142-2005 confirming previously established benefit assessments for County Service Areas Nos. 4 and 48, as recommended by the Emergency Services Administrator

17.   ADOPTED RESOLUTION NO. 143-2005 authorizing the County Fire Chief to sign an agreement with the California Department of Forestry and Fire Protection to accept $14,750 from the Volunteer Fire Assistance Grant Program, as recommended by the Emergency Services Administrator

18.   ACCEPTED AND FILED Annual Report on the status of the private sector Living Wage program and adopted RESOLUTION NO. 144-2005 setting the living wage at $12.04 for those employees receiving benefits, and at $13.14 for those employees not receiving benefits, as recommended by the Director of General Services

19.   APPROVED agreement and adopted RESOLUTION NO. 145-2005 for liability and crime/bond insurances for the Animal Services Authority, as recommended by the Personnel Director

20.   APPROVED amendment to the contracts with the Sexual Assault Nurse Examiners to provide reimbursement for one training registration fee per fiscal year in an amount not-to-exceed $400 for each of the three Sexual Assault Nurse Examiners, as recommended by the Sheriff-Coroner

21.   ACCEPTED AND FILED a report of the County's investment activities and holdings for the quarter ending March 31, 2005, as recommended by the Treasurer-Tax Collector

22.   ACCEPTED AND FILED Treasurer's monthly Cash Report and Investment Transaction Report for the period ending April 30, 2005, as recommended by the Treasurer-Tax Collector

23.   APPROVED reappointment of Evelyn Hall to the Women's Commission for a term to expire April 1, 2009, as recommended by Supervisor Beautz

24.   APPROVED appointment of Douglas S. Lamb to the Mobile Home Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

25.   ADOPTED RESOLUTION NO. 146-2005 supporting the passage of Assembly Bill 696; adopted RESOLUTION NO. 147-2005 supporting the passage of Assembly Bill 1385; and adopted RESOLUTION NO. 148-2005 supporting the passage of Senate Bill 284, which will help in the fight to end hunger and malnutrition, as recommended by Chairman Campos

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.   DEFERRED report on the Mental Health Services Act Planning Process until May 24, 2005, as recommended by the Health Services Agency Director

28.   ACCEPTED AND FILED Fifteen Year Report on the Comprehensive Interagency System of Care for Children and Youth, as recommended by the Health Services Agency and Human Resources Agency Directors and the Chief Probation Officer

29.   ACCEPTED report regarding review of the County well ordinance and directed the Chief of Public Health to provide a report back to the Board no later than December 13, 2005, as recommended by the Chief of Public Health

30.   ADOPTED RESOLUTION NO. 149-2005 authorizing the Multipurpose Senior Services Program for July 1, 2005 through June 30, 2006; and authorized the Human Resources Agency Director to execute the contract with the California Department of Aging in the amount of $777,451 for fiscal year 2005/2006, on behalf of the County, as recommended by the Human Resources Agency Director

31.   ADOPTED RESOLUTION NO. 150-2005 for the summary vacation of the County's interest in a portion of Floral Drive, in the Beltz - Haven Subdivision; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

32.   SEE ITEM NO. 53 REGULAR AGENDA

33.   ACCEPTED AND FILED report on plan to permanently implement the ordinance regarding conversion of non-residential land to residential uses, and approved related action, as recommended by the Planning Director

34.   SCHEDULED a public hearing on Tuesday, June 7, 2005, on the morning agenda at 9:00 a.m. or thereafter to consider adoption of the revised Housing Element of the General Plan; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

35.   ACCEPTED AND FILED update on Housing and Urban Development funding for Single Room Occupancy Moderate Rehabilitation project and directed Planning, the Human Resources Agency and the Health Services Agency to return to the Board with a final recommendation on or before June 7, 2005, as recommended by the Planning Director, Human Resources Agency Director, and the Health Services Agency Director

36.   ACCEPTED AND FILED Proposed 2005/2006 Capital Improvement Program (CIP) document and scheduled a study session on the Proposed 2005/2006 CIP for June 7, 2005, as recommended by the Director of Public Works

37.   APPROVED road closures for the Thirty-Third Annual Wharf-to-Wharf Race for July 24, 2005, and directed the Public Works Department to issue the race permit, as recommended by the Director of Public Works

38.   APPROVED Request for Proposals for traffic signal and highway safety lighting maintenance; directed the Department of Public Works to proceed with the consultant selection process; and directed Public Works to return to the Board on or before August 9, 2005, with a new contract, as recommended by the Director of Public Works

39.   APPROVED specifications and engineer's estimate for the County Service Area Resurfacing Project 2005, Supervisorial Districts 5 and 3; authorized calling for bids; set the bid opening for 2:30 p.m. on June 9, 2005, in the Department of Public Works' conference room; directed Public Works to return on or before June 21, 2005 with a recommendation for award of contract, and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

40.   APPROVED plans, specifications and engineer's estimate for the Soquel Village Sidewalk Improvements, Soquel Drive, Robertson Street, West Walnut Street and Porter Street project; set the bid opening for 2:30 p.m. on June 9, 2005, in the Department of Public Works' conference room; directed Public Works to return on or before June 21, 2005, with a recommendation for award of contract; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

41.   APPROVED amendment to agreement for wastewater treatment plant lab testing with Soil Control Lab in the increased amount of $15,972 for a total not-to-exceed amount of $40,972; approved transfer of funds within County Service Area No. 10, Rolling Woods in the amount of $6,672; approved the transfer of funds within County Service Area No. 20, Trestle Beach in the amount of $2,100; and authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

42.   ACCEPTED improvement for the Two Bar Road Culvert Repair project; approved final cost in the amount of $41,651.28; authorized the Clerk of the Board to file the Notice of Completion and directed the County Recorder to return the original Notice of Completion to the Clerk of the Board, as recommended by the Director of Public Works

42.1.   DEFERRED report on fish and wildlife biological services for the Department of Public Works to on or before June 14, 2005, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 151-2005 accepting offer of dedication of a parcel on Dustin Way in Live Oak (Assessor's Parcel Number 026-121-78) and directed the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the Proposed 2005/2006 Redevelopment Agency Budget; set June 17, 2005 at 9:00 a.m. or thereafter as the time and date for conducting a public hearing on the Proposed Redevelopment Agency Budget; and directed the Clerk of the Board to approved related actions, as recommended by the Redevelopment Agency Executive Director

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED AND AUTHORIZED the Redevelopment Agency Administrator to sign a contract with The Landscape Company to provide landscape maintenance for Agency owned properties in the annual amount of $22,000, and approved related actions, as recommended by the Redevelopment Agency Administrator

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED AND AUTHORIZED the Redevelopment Agency Administrator to sign a contract with The Landscape Company to provide landscape maintenance for streetscape improvements in the annual amount of $36,600 for Streetscape Area 1, and in the annual amount of $26,600 for Streetscape Area 2, and approved related actions, as recommended by the Redevelopment Agency Administrator

46.1.   ADOPTED RESOLUTION NO. 152-2005 approving the purchase of various tax defaulted properties and approved related actions, as recommended by the Director of Public Works

46.2.   APPROVED amendment to grant award agreement with the State Department of Alcohol and Drug Programs to add $26,000 to the existing award for Safe and Drug-Free School and Communities grant funds, and authorized the Health Services Agency Director to sign the amendment and any future minor amendments to the grant award agreement as needed; authorized the Health Services Agency to submit a grant application in the amount of $1.2 million to the Federal Substance Abuse and Mental Health Services Administration (SAMHSA) to support treatment alternatives to incarceration for persons with mental health and substance abuse problems; and authorized the County Administrative Officer to sign the application, as recommended by the Health Services Agency Director

47.   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.: National Oceanic and Atmospheric Administration (NOAA) v. County of Santa Cruz and Condon Johnson and Associates, NOAA Enforcement Action Case No. SW040276A

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.: Elise R. Bostick v. Cheryl Ravago, et al.

Santa Cruz Superior Court Case Nos. CV 147339 and PR 42643

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

48.   Continued public hearing on the certification of the ballots for the benefit assessment of County Service Areas (CSA) No. 13, Hutchinson Road, Zone A (5th District), No. 15 Huckleberry Woods (5th District), No. 32, View Circle (5th District), and No. 50, The Vineyard (3rd District);

(1) accepted the certification of the results of County Service Area (CSA) No. 13, Hutchinson Road, Zone A, CSA No. 15, Huckleberry Woods, CSA No. 32, View Circle and CSA No. 50, The Vineyard elections and directed the Director of Public Works to retain the ballots for at least six months following the certification; and

(2) ADOPTED RESOLUTION NO. 153-2005 Authorizing and Levying an Assessment for Road Maintenance and Operations within County Service Area No. 13, Hutchinson Road, Zone A for 2005/2006 and each year following; adopted RESOLUTION NO. 154-2005 Authorizing and Levying an Assessment for Road Maintenance and Operations within County Service Area No. 15, Huckleberry Woods for 2005/2006 and each year following; adopted RESOLUTION NO. 155-2005 Authorizing and Levying an Assessment for Road Maintenance and Operations within County Service Area No. 32, View Circle for 2005/2006 and each year following; adopted RESOLUTION NO. 156-2005 Authorizing and Levying an Assessment for Road Maintenance and Operations within County Service Area No. 50, The Vineyard for 2005/2006 and each year following
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49.   Public hearing held to consider Application No. 99-0805, a proposal to rezone one parcel of record to Timber Production; Assessor's Parcel Numbers: 105-221-04, 107-061-15 and 107-561-01; Applicant: Jim Hildreth, RPF; Owner: Lincoln and Robin Holland; closed public hearing;

(1) approved the determination that the project is statutorily exempt from the California Environmental Quality Act (Attachment 2);

(2) ADOPTED ORDINANCE NO. 4788 amending Chapter 13.10 of the Santa Cruz County code that rezones Assessor's Parcel Numbers 105-221-04, 107-061-15 and 107-561-01 from the Special Use (SU) and Agriculture (A) zone districts to the Timber Production (TP) zone district (Attachment 1); and

(3) directed the Planning Department to update the General Plan Timber Resources Map to include the entire area within the boundaries of Assessor's Parcel Number 105-22-04, 107-061-15 and 107-561-01 as Timber Resources
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50.   Public hearing held to consider Application No. 00-0083, a proposal to rezone two parcels to Timber Production; Assessor's Parcel Numbers: 110-031-19 and 24; Applicant: Roy Webster, RPF; Owner: St. Francis Preparatory; closed public hearing;

(1) approved the determination that the project is statutorily exempt from the California Environmental Quality Act (Attachment 2);

(2) ADOPTED ORDNINANCE NO. 4789 amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Numbers 110-031-19 and 24 from the Special Use (SU)zone district to the Timber Production (TP) zone district (Attachment 1); and

(3) directed the Planning Department to update the General Plan Timber Resources Map to include the entire area within the boundaries of Assessor's Parcel Number 110-031-19 and 24 as Timber Resources
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51.   Considered report on design issues in Coastal neighborhoods;

(1) accepted and filed report;

(2) directed staff to work with the Planning Commission to develop formal regulations to implement the concepts contained in this letter for modifying Chapters 13.11 and 13.20 of the County Code with regard to neighborhood compatibility issues; with an additional direction to add the definition of "net developable land" to Chapters 13.11 and 13.20 of the County Code

(3) directed staff to complete the Neighborhood Compatibility Checklist illustrated in draft form in Attachment 3 and begin to use it for proposed coastal development projects; with an additional direction to staff to include "gathering input from neighborhoods and professionals" on the checklist;

(4) directed staff to proceed with the internal procedural changes outlined in this report; and

(5) provided direction to staff regarding whether or not to proceed with drafting ordinance language for a proposed Neighborhood Compatibility (NC) Combining District for input from the Planning Commission and further consideration by the Board; with additional directions to (a) move forward now with the two areas of Pleasure Point and Rio Del Mar if requested by the neighborhoods and (b) to add the following recommendations, No. 6: Planning staff to study the possibility of increasing lot coverage and No. 7: Planning staff to investigate what criteria would be appropriate for neighborhoods not requiring the neighborhood buy-in process and return in August 2005 with a report on the appropriate criteria
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52.   CONSIDERED moratorium on roadside spraying of pesticides on County-maintained roadways;

(1) directed the Department of Public Works to initiate a three year moratorium, starting June 1, 2005, on the spraying of pesticides for the control of roadside vegetation, with the exception of precise spot treatments for significant infestations of invasive, highly flammable exotic plant species that can be spread by mowing;

(2) directed Public Works to provide a report on November 15, 2005, regarding the costs associated with ensuring roadside vegetation management without the use of pesticides; with an additional direction for a preliminary report back on the last day of budget hearings 2005;

(3) directed Public Works to report back on November 15, 2005, with a vegetation management program to maintain safe sight distance in the vicinity of traffic signs, intersections and road curves;

(4) directed Public Works to contact the Fire Chiefs Association to assess the potential of increased fire danger and include the results of that assessment in their November 15, 2005, report; with an additional direction for a preliminary report on the last day of budget hearings 2005;

(5) directed the Department of Public Works to continue to actively participate in the IPM DAG and to continue their efforts to assess the effectiveness of vegetation management methods that do not utilize pesticides
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53.   SCHEDULED a public hearing on Tuesday, June 7, 2005, on the morning agenda, at 9:00 a.m. or thereafter to consider Application Number 04-0092 (Murray for Manning), a Rezoning and Subdivision on property located at the intersection of Monterey Avenue and Soquel Drive, and approved related actions, as recommended by the Planning Director
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PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS