Santa Cruz County Board of Supervisors Minutes: 10/3/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 25
Tuesday, October 3, 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.		ADDED to the Consent Agenda: Item No. 33.1 ADDED, Item No. 33.2, Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Case Name/No.: Michael Shaw et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 141711
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 September 19, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 21, 2006 through September 27, 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.   ADOPTED ORDINANCE NO. 4833 Repealing Ordinance No. 4683, and Repealing and Readopting Chapter 7.92 of the Santa Cruz County Code (Fire Prevention Code) and adopted RESOLUTION NO. 321-2006 Finding Modification of State Housing Law by Ordinance No. 4833, Reasonably Necessary Because of Local Conditions

11.   ADOPTED ORDINANCE NO. 4834 Amending Sections 2.116.020 and 2.116.050 of the Santa Cruz County Code Relating to the Membership, Powers and Duties of the Long-Term Care Interagency Commission

12.   REJECTED the claim of Jay Paul Christian and Juliana Hill, Claim No. 607-018 and referred to County Counsel

13.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $567.18 to replace specified uncashed and stale-dated warrants, pursuant to Government Code, as recommended by the Auditor-Controller

14.   APPROVED Master Agreement for hearing officers and approved related actions, as recommended by the County Administrative Officer

15.   APPROVED agreement with the City of Watsonville in the amount of $86,634 for reimbursement of SCARE task force-related expenditures for fiscal year 2006/2007; directed the Auditor-Controller to reimburse the City of Watsonville for claims for eligible expenditures; adopted RESOLUTION NO. 322-2006 canceling appropriations in the amount of $20,877; and directed the District Attorney's Office to ensure the SCARE budget for fiscal year 2007/2008 is included as part of the proposed budget for fiscal year 2007/2008; authorized County Counsel to make minor changes in the indemnity language as requested by the City of Watsonville and recommended by County Counsel

16.   AUTHORIZED the Risk Manager to sign an agreement with the Santa Cruz County Regional Transportation Commission to provide various employee insurances, as recommended by the Personnel Director

17.   APPROVED new contract agreement with Vera Institute for Justice for an amount not-to-exceed $22,658 for fiscal year 2006-2007, and authorized the Chief Probation Officer to sign agreement on behalf of the County, as recommended by the Chief Probation Officer

18.   APPROVED appointment of Martin A. Fox and Priva Tarbet to the Zayante Fire Protection District for four year terms, as recommended by Supervisor Stone

19.   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

20.   SEE ITEM NO. 39.1 REGULAR AGENDA

21.   APPROVED the Health Services Agency's submission for the outreach and enrollment grant funds and requested the Chair of the Board to sign the letter to the California Department of Health Services supporting the grant and accepting if it is awarded, as recommended by the Health Services Agency Director

22.   ADOPTED RESOLUTION NO. 323-2006 accepting and appropriating revenue in the amount of $685,367 from various state and federal sources to support social service programs; approved associated staffing changes and approved related actions, as recommended by the Human Resources Agency Director

23.   APPROVED revised Planning Commission bylaws, as recommended by the Planning Director

24.   SCHEDULED a public hearing on Tuesday, October 24, 2006, on the morning agenda at 9:00 a.m. or thereafter to consider the Planning Commission's recommendation on revisions to the Housing Element and approved related action, as recommended by the Planning Director
WPB(C)S Supervisor Campos abstained because he lives on one of the roads affected

25.   SEE ITEM NO. 39.2 REGULAR AGENDA

26.   DIRECTED the Planning Department and County Counsel to provide a report regarding General Plan policies regarding geologic hazards on the November 21, 2006 agenda, as recommended by the Planning Director

27.   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 of this project on or before November 7, 2006, as recommended by the Director of Public Works

28.   APPROVED independent contractor agreement with Ecology Action of Santa Cruz for used motor oil recycling and public awareness for a not-to-exceed amount of $33,200, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

29.   APPROVED road closures and permit for the Soquel High School Homecoming Parade scheduled for October 20, 2006, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

30.   APPROVED road closures and permit for the Aptos High School Homecoming Parade, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

31.   APPROVED road closures for the 12th Annual Monte Foundation Fireworks Show scheduled to be held on October 14, 2006, and directed the Public Works Department to issue the road closure permit, as recommended by the Director of Public Work

32.   ACCEPTED AND FILED the 2006/2007 Public Art Plan, as recommended by the Director of Parks, Open Space and Cultural Services

33.   ACCEPTED AND FILED report on Simpkins pool utilization and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

33.1.   ACCEPTED low bid from International Surfacing Systems of Modesto, California in the amount of $192,657.30 for the 2006 County Service Area (CSA) Resurfacing 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

33.2.   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.: Michael Shaw et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 141711

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

34.   Public hearing held to consider Application No. 04-0598 (Hamilton/Swift for SAR Enterprises), a rezoning of two parcels located at 46 and 54 Bowker Road in Freedom from the R-1-8 (Single Family Residential - 8,000 square feet minimum per unit) zone district to the R-1-6 (Single Family Residential - 6,000 square foot minimum per unit) zone district and a subdivision to create twelve new single family residential parcels;

closed public hearing;

(1) certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act (Exhibit D to Attachment 5);

(2) ADOPTED ORDINANCE NO. 4835 amending Chapter 13.10 of the Santa Cruz County Code that Rezones the properties indicated from the R-1-8 zone district to the R-1-6 zone district (Attachment 1); and

(3) approved Subdivision, Residential Development Permit, Roadway/Roadside Exception, and Riparian Exception No. 04-0598, subject to the Findings (Attachment 2) and the Conditions of Approval (Attachment 3);

(4) with an additional direction that prior to recordation of the final map, add Condition 2 (e) No. 13 that reads: "the drainage plan shall include an additional appropriately sized cross culvert and catch basin and any asphalt concrete curbing necessary to direct water into the catch basin and the location would be on the south side of Bowker Road at the westerly curb return of La Casa Court"
PWBCS

35.   Public hearing held to consider Coastal Commission action certifying modified amendments to County Code Chapters 13.10, 13.11, 13.20 and 16.10 regarding miscellaneous non-substantive changes;

(1) conducted a public hearing on the proposed Coastal Commission modifications;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 324-2006 accepting the Coastal Commission's suggested modifications to County Code Chapter 18.10 (Attachment 1);

(4) ADOPTED ORDINANCE NO. 4836 incorporating the Coastal Commission suggested modifications (Attachment 2); and

(5) directed the Planning Director to submit Board's action to the Coastal Commission to finalize the amendment process
CPBWS

36.   Public hearing held on the State Supplemental Law Enforcement Fund (SLESF);

(1) conducted a public hearing to consider the written requests of the Sheriff-Coroner and District Attorney regarding use of the 2006-07 SLESF (State Supplemental Law Enforcement Fund) allocations;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 325-2006 accepting and appropriating unanticipated revenue in the amount of $13,689 into the Detention Bureau budget for the purchase of two replacement storage units at the Main Jail; and

(4) ADOPTED RESOLUTION NO. 326-2006 accepting and appropriating unanticipated revenue in the amount of $13,699 into the District Attorney's budget for support of a staff position and office furniture
CPBWS

37.   Public hearing held on the proposed revisions to the Unified Fee Schedule related to commercial and recreational vehicle parking restriction fees; considered adoption of resolution revising the Unified Fee Schedule; and considered final adoption of ordinance restricting commercial and recreation vehicle parking areas;

(1) ADOPTED ORDINANCE NO. 4837 restricting commercial and recreational vehicle parking areas;

(2) held a public hearing on the proposed revisions to the Unified Fee Schedule relating to commercial and recreational vehicle parking restriction fees;

(3) closed public hearing;

(4) ADOPTED RESOLUTION NO. 327-2006 Revising the Unified Fee Schedule
WPBCS

38.   APPROVED reappointment of Dianna Gallegos to the Housing Authority Board of Commissioners, as an at-large tenant representative, in accordance with Resolution 389-69, for a term to expire October 3, 2008
CPBWS

39.   CONSIDERED adoption of resolution recognizing October 7-15, 2006, as Binational Health Week;

ADOPTED RESOLUTION NO. 328-2006 Recognizing October 7-15, 2006, as Binational Health Week, signed by all Board Members
CWBPS

39.1.   APPROVED submission of grant proposals by the Health Services Agency Alcohol and Drug Program for approximately $291,928 of Proposition 36 Offender Treatment Program funds and approximately $32,726 of Comprehensive Drug Court Initiative funds; with an additional direction to provide the Board with a report on ways to obtain faster information on grants and a report on how much latitude there is to make changes once the grant is awarded
BWPCS

39.2.   DIRECTED the Planning Department to process the policy and ordinance amendments necessary to implement the Supreme Court decision regarding Timber Harvesting, as recommended by the Planning Director
CWBPS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS