Santa Cruz County Board of Supervisors Minutes: 2/7/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 3
Tuesday, February 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.		All Supervisors present
2.		Moment of Silence and Pledge of Allegiance
3.		Deletions to the Consent Agenda: Deleted Item No. 14
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eight people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of January 24, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of January 19, 2006 through February 1, 2006 and approved upon adoption of the 2005/2006 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 Michael A. Houlemard, Jr., Christina L. Valentino and Dominica A. Valentino, No. 506-045, and referred to County Counsel

11.   APPROVED contract with BMI Imaging Systems in the amount of $71,120 for the upgrade of recorded documents storage and retrieval and authorized the Assessor-Recorder to sign the agreement, as recommended by the Assessor-Recorder

12.   APPROVED fixed asset purchase of the Recorder shelving system and adopted RESOLUTION NO. 30-2006 accepting and appropriating unanticipated revenue, in the amount of $38,300 from the Recorder's Improvement Trust Fund, as recommended by the Assessor-Recorder

13.   AUTHORIZED transfer of funds from general contingencies in the amount of $350,000 for costs of court appointed defense counsel and related expenses, as recommended by the County Administrative Officer

14.   DELETED ITEM

15.   ADOPTED ORDINANCE NO. 4813 amending Sections 12.16.010 and 12.16.020 of the Santa Cruz County Code relating to assignment of street names and numbers and approved Procedures Manual Section 303 specifying standards for street naming and addressing, as recommended by the Emergency Services Administrator

16.   AUTHORIZED the County Fire Chief to sign fiscal year 2005/06 Volunteer Fire Company Matching Funds agreements for fire service equipment and approved related actions, as recommended by Emergency Services Administrator

17.   DECLARED used fire engine and County vehicles to be surplus and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

18.   ADOPTED RESOLUTION NO. 31-2006 accepting and appropriating unanticipated revenue in the amount of $20,951 from the Recorder's Improvement Trust Fund; awarded contract to Stapleton Construction in the amount of $18,680 for the County Recorder Office Remodel project and approved related actions, as recommended by the Director of General Services

19.   APPROVED General Representation Unit Amendment No. 3 to the current Memorandum of Understanding and various recommendations, as recommended by the Personnel Director

20.   ADOPTED RESOLUTION NO. 32-2006 determining industrial disability retirement for a safety member, as recommended by the Personnel Director

21.   APPROVED appointment of Nikki Howe to the Mental Health Advisory Board, as a consumer/family representative, for a term to expire April 1, 2007, as recommended by Supervisor Beautz

22.   ACCEPTED nomination of Ray Ralston for reappointment to the Housing Authority Board of Commissioners, as an at-large tenant representative over 62 years of age, for a term to expire February 14, 2008, with final appointment to be made February 14, 2006, as recommended by Supervisor Pirie

23.   ACCEPTED nomination of Catherine Patterson Valdez to the Long Term Care Interagency Commission, as an at-large representative of a publicly funded senior transportation program, for a term to expire April 1, 2008, with final appointment to be made February 14, 2006, as recommended by Supervisor Pirie

24.   ACCEPTED nomination of Jayne Lovell for appointment to the Long Term Care Interagency Commission, as an at-large representative of a health facility providing acute or long-term care to the elderly, with final appointment to be made February 14, 2006, as recommended by Supervisor Pirie

25.   ACCEPTED nomination of Jane Sooby for appointment to the Hazardous Materials Advisory Commission, as an at-large community representative, for a term to expire April 1, 2009, with final appointment to be made February 14, 2006, as recommended by Supervisor Wormhoudt

26.   APPROVED appointment of Matt Natale to the Human Services Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

27.   DIRECTED the Clerk of the Board to post a notification of two upcoming vacancies on the Monterey Bay Unified Air Pollution Control District Hearing Board, for public member positions, with nominations to be considered by the Board of Supervisors on March 14, 2006, as recommended by Chair Stone

28.   ACCEPTED AND FILED annual report of the Human Services Commission, and approved related action, as recommended by Chair Stone

29.   ACCEPTED AND FILED annual report of the Assessment Appeals Board, and approved related action, as recommended by Chair Stone

30.   ACCEPTED AND FILED annual report of the In-Home Supportive Services Advisory Commission, and approved related action, as recommended by Chair Stone

31.   APPROVED appointment of Don Allegri to the Long Term Care Interagency Commission, as an at-large representative of the Multipurpose Senior Services program, for a term to expire April 1, 2008, as recommended by Chair Stone

32.   APPROVED appointment of Janet McKinley to the Deferred Compensation Advisory Commission, as a representative of the Personnel Department, as recommended by Chair Stone

33.   ACCEPTED AND FILED annual report of the Santa Cruz-Monterey County Managed Medical Care Commission, and approved related action, as recommended by Chair Stone

34.   ACCEPTED AND FILED annual report of the Housing Advisory Commission, and approved related action, as recommended by Chair Stone

35.   ACCEPTED AND FILED annual report of the Equal Employment Opportunity Commission, and approved related action, as recommended by Chair Stone

36.   ACCEPTED AND FILED annual report of the Commission on Disabilities, and approved related action, as recommended by Chair Stone

37.   ACCEPTED AND FILED annual report of the Women's Commission, and approved related action, as recommended by Chair Stone

38.   ACCEPTED AND FILED annual report of the Workforce Investment Board, and approved related action, as recommended by Chair Stone

39.   ACCEPTED AND FILED annual report of the Energy Commission, and approved related action, as recommended by Chair Stone

40.   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

41.   ADOPTED RESOLUTION NO. 33-2006 authorizing receipt of $200,000 from the State Water Resources Control Board to be used to remediate petroleum contamination at 950 West Beach Street, Watsonville, California; and authorized the Health Services Agency to negotiate and execute necessary transactions with the State Water Resources Control Board to obtain the award of funds, as recommended by the Health Services Agency Director

42.   SEE ITEM NO. 67.2 REGULAR AGENDA

43.   APPROVED new agreements with INH Productions in the amount of $60,000 for a binge drinking prevention media campaign; with Applied Survey Research in the amount of $64,500 for project evaluation services; and with CRP, Incorporated in the amount of $30,000 for Friday Night Live/Club Live evaluation services and authorized the Health Services Agency Director to sign; and adopted RESOLUTION NO. 34-2006 accepting and appropriating $110,046 of unanticipated federal revenue into the Health Services Agency Alcohol and Drug Program budget, as recommended by the Health Services Agency Director

44.   DEFERRED report on integration of Mental Health Services Act and school services and incorporate it with the report on the overall progress of the plan on February 28, 2006, as recommended by the Health Services Agency Director

45.   ACCEPTED AND FILED report on the Central Coast Alliance for Health and directed the Health Services Agency to provide a further report on August 1, 2006, as recommended by the Health Services Agency Director

46.   ACCEPTED AND FILED report on the status of Medicare and Medicaid physician payments in Santa Cruz (Locality 99) and directed the Health Services Agency to report back with further recommendations on May 2, 2006, as recommended by the Health Services Agency Director

47.   AUTHORIZED the Human Resources Agency Director to release a request for proposal for business retention and expansion survey consultant services; adopted RESOLUTION NO. 35-2006 accepting and appropriating $28,856 in unanticipated revenue from the State Employment and Development Department (EDD) and approved related actions; and directed the Human Resources Agency Director to return on or before April 25, 2006 for consideration and approval of a contract for consultant services, as recommended by the Human Resources Agency Director

48.   SCHEDULED a public hearing on Tuesday, March 7, 2006, on the morning agenda to consider Coastal Commission approval with modifications of amendments to County Code Chapter 18.10 to require on-site signs for projects reviewed at Levels IV - VII, and neighborhood meetings for projects reviewed at Levels VI and VII; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

49.   ACCEPTED the Highlands Senior Center Roofing project as completed; approved final cost of the project in the amount of $32,900; authorized the Clerk of the Board to file the Notice of Completion with the County Recorder, as recommended by the Director of Parks, Open Space and Cultural Services

50.   ACCEPTED AND FILED report on the status of the Davenport Underground Utility District project; with additional directions to authorize the Chair of the Board to send a letter to P.G.& E, with a copy to the Public Utilities Commission expressing the Board's concern about this situation and forcefully stating the Board's opinion that completion of this project should go forward; and directed staff to report back on February 28, 2006 with a status report

51.   APPROVED purchase of a new Broce Broom in the not-to-exceed amount of $43,500; adopted RESOLUTION NO. 36-2006 accepting and appropriating unanticipated revenue in the amount of $29,199.69 from the California State Association of Counties - Excess Insurance Authority; authorized the transfer of $14,300.31 from the Department of Public Works Equipment Replacement Reserve to Mobile Equipment, as recommended by the Director of Public Works

52.   ADOPTED RESOLUTION NO. 37-2006 requesting the State of California Department of Transportation permit the Annual Boulder Creek Art and Wine Festival and the Annual 4th of July Parade and the closure of Highway 9; approved the road closure for the festival subject to conditions; and approved related actions, as recommended by the Director of Public Works

53.   APPROVED plan line for Chanticleer Avenue from Brommer Street to Harper Street and directed Public Works to include the plan line for this portion of Chanticleer Avenue in the Master Plan Line file, as recommended by the Director of Public Works

54.   ADOPTED RESOLUTION NO. 38-2006 for right-of-way acquisition for Sixteenth Avenue Improvement Project - Capitola Road to Webster Street; 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

55.   AUTHORIZED the Director of Public Works to sign the subdivision agreement between Andrea Heilbron and the County of Santa Cruz and submit it for recording to the County Recorder, as recommended by the Director of Public Works

56.   ADOPTED RESOLUTION NO. 39-2006 of Intention to make Acquisitions and Improvements for the Rolling Woods Water Distribution System Assessment District No. 06-01 and directed Public Works to proceed with the next steps in the formation of the assessment district and report back to the Board on or before March 14, 2006 with the proceedings, as recommended by the Director of Public Works

57.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED payment in the amount of $800 to the City of Santa Cruz for fiscal year 2002/2003 laboratory and analytical services, as recommended by the District Engineer

58.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ACCEPTED AND FILED report on the Davenport water supply, as recommended by the District Engineer

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funding of $200,000 to South County Housing for predevelopment costs and community planning efforts associated with the Felton Affordable Housing project, and approved related actions, as recommended by the Planning Director

60.   SEE ITEM NO. 67.1 REGULAR AGENDA

61.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency financing for acquisition of necessary construction easements for 16th Avenue Improvement Project, Capitola Avenue to Webster Street in the amount of $4,600 and approved related actions, as recommended by the Redevelopment Agency Administrator

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

CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

63.   Public hearing held to consider adoption of ordinance amendments regarding large family child care homes;

(1) conducted public hearing regarding allowing Large Family Child Care Homes in non-residential zones;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 40-2006 adopting ordinance amendments regarding Large Family Child Care Homes (Attachment 1); and adopted ORDINANCE NO. 4814 to allow Large Family Child Care Homes in non-residential zones with findings (Attachment 2);

(4) Certified the CEQA exemption (Attachment 3); and

(5) directed Planning staff to submit the ordinance changes to the Coastal Commission as part of the next "Rounds" package;

(6) with the additional direction that the Planning Department Director review the fee schedule as it relates to Large Family Day Care Homes and return to the Board with a recommendation for what may be a more appropriate fee given the modest nature of this business; and Planning report back in June 2006 regarding options for conditioning Large Family Child Care Home permits on CA zoned lands to address agricultural use conflict issues
WB(P)CS (Supervisor Pirie abstained because there is one child care home on a CA zoned property near her home)

64.   Public hearing held to consider adoption of ordinance and General Plan/Local Coastal Program Land Use Plan Amendments regarding Density Bonus regulations;

1) closed public hearing;

2) ADOPTED RESOLUTION NO. 41-2006 (Attachment 1) adopting the proposed amendments to the General Plan Objective 2.11 and Policy 2.11.1, and deletion of General Plan Policy 2.11.2 and Program (a), including Figure 2-4 (Exhibit A to Attachment 1);

(3) ADOPTED RESOLUTION NO. 42-2006 (Attachment 2) deleting County Code Sections 13.10.390, 13.10.391, 13.10.392, 13.10.393, 13.10.394, 13.10.395, 13.10.396 and 13.10.397 and referring these changes to the Coastal Commission for consideration (Exhibit A to Attachment 2);

(4) ADOPTED ORDINANCE NO. 4815 deleting County Code Sections 13.10.390, 13.10.391, 13.10.392, 13.10.393, 13.10.394, 13.10.395, 13.10.396 and 13.10.397 and effective upon certification by the Coastal Commission (Attachment 3);

(5) ADOPTED ORDINANCE NO. 4816 adding Chapter 17.12 (Attachment 3) which amends the County's density bonus regulations to be consistent with State law; and

(6) certified the Notice of California Environmental Quality Act (CEQA) Exemption
WPBCS

65.   Public hearing held to consider adoption of ordinance amendments regarding conversion of non-residential land to residential land uses;

(1) conducted public hearing regarding adoption of amendments to sections 13.01.060, 13.10.215 and 17.10.030 of the County Code affecting land use designation and zoning changes from non-residential to residential use;

(2) closed the public testimony portion of the public hearing;

(3) CONTINUED TO MARCH 7, 2006 the following staff recommendations:

(a) adopt Resolution (Attachment 1) and the Ordinance (Attachment 2) approving ordinance amendments to require 40 percent affordability for conversion of non-residential land to residential land;

(b) certify the Negative Declaration;

(c) direct Planning staff to submit the ordinance changes to Chapters 13.01 and 13.10 to the Coastal Commission as part of he next "Rounds" package;

(4) with additional direction that the Planning Director return with further instructions regarding the 40 percent affordability and try to include a threshold for low lowest level income of groups to be included
CWBPS

66.   Public hearing held to consider increased benefit assessments and the elimination of sunset provision for County Service Area (CSA) No. 4, Pajaro Dunes;

(1) opened public hearing, to hear objections or protests, to the proposed CSA No. 4 Pajaro Dunes, benefit assessment and elimination of the sunset provision;

(2) requested submittal of ballots for CSA No. 4, Pajaro Dunes assessments;

(3) closed the public testimony portion of the public hearing; and

(4) continued the public hearing to February 28, 2006 to allow for tabulation and certification of the ballots
PWBCS

67.   Jurisdictional hearing held to consider the appeal of the Planning Commission's decision regarding Application 04-0440 (Amendment of Master Permit to allow Home Depot to replace K-Mart); Assessor's Parcel Numbers: 030-192-03, 030-401-01 to -04; Appellant: City of Capitola; Applicant: Scott Mommer for Home Depot USA; Owner: McNellis Partners;

(1) declined to take jurisdiction on the appeal of Application Number 04-0440; and

(2) directed staff to take appropriate actions relative to the Planning Commission's letter of December 14, 2005 to the Board with regard to traffic issues in the 41st Avenue and Soquel Village area
BWPCS

67.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED and approved as completed the construction contract for the Live Oak Library with Green Valley Corporation, dba Barry Swenson Builder, in the amount of $4,682,092.15; approved amendment to the contract with Ripley/Scoggin LLP for design services for the Live Oak Library in the amount of $22,743; and approved related actions, as recommended by the Redevelopment Agency Administrator
BWPCS

67.2.   ADOPTED RESOLUTION NO. 43-2006 in support of the enactment of the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 as a legislative or voter bond initiative, as recommended by the Health Services Agency Director
WCBPS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS