Santa Cruz County Board of Supervisors Minutes: 2/13/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 4
Tuesday, February 13, 2007

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, Co = Coonerty, 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.		DELETED from Item No. 55, Closed Session Agenda: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street address: 3003 Buckingham Terrace, Santa Cruz APN: 031-152-52 Property Owner: Jesus Alvarez Proposed Buyer: County of Santa Cruz Negotiating Party: Tom Burns, Housing Director
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - two people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of January 23, 2007, 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.   CONTINUED TO FEBRUARY 27, 2007 consideration to reject the claim of Ron F. Tarsitano, DDS, MD, Claim No. 607-061

11.   INSTRUCTED the Auditor-Controller to issue a replacement warrant, in the total amount of $791.75 to replace specified uncashed and staledated warrant, pursuant to Government Code, as recommended by the Auditor-Controller

12.   ACCEPTED AND FILED report on the Whistleblower Hotline Activity for calendar year 2006, as recommended by the Auditor-Controller

13.   ADOPTED RESOLUTION NO. 41-2007 supporting Assembly Bill 43 by Assemblymember Mark Leno that enacts the "Religious Freedom and Civil Marriage Protection Act" that would make the laws regarding consent to and solemnization of marriage gender neutral, thereby allowing same-sex couples to obtain marriage licenses, as recommended by the County Clerk

14.   ADOPTED RESOLUTION NO. 42-2007 accepting and appropriating $270,000 in Federal Domestic Preparedness Assistance to Firefighters Grant Program funds into the County Fire budget for purchase of breathing apparatus, as recommended by the Emergency Services Administrator

15.   APPROVED specifications for the Court Building Security Corridor Upgrade project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on Tuesday, March 20, 2007, as recommended by the Director of General Services

16.   APPROVED plans and specifications for the Emeline Campus Commuter Bike Cage project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on Tuesday, March 20, 2007, as recommended by the Director of General Services

17.   APPROVED transfer of appropriations in the amount of $2,131 within the Cafeteria budget, as recommended by the Director of General Services

18.   SEE ITEM NO. 59.1 REGULAR AGENDA

19.   ADOPTED RESOLUTION NO. 43-2007 accepting and appropriating $115,684 of unanticipated Juvenile Justice Crime Prevention Act revenue and approved related actions, as recommended by the Chief Probation Officer

20.   ADOPTED RESOLUTION NO. 44-2007 supporting passage of Assembly Bill 13 and ADOPTED RESOLUTION NO. 45-2007 supporting passage of Senate Bill 32, as recommended by Supervisor Stone

20.1.   APPROVED the dissemination of a Position Statement by the Santa Cruz County Children's Network concerning educational rights and stability for youth living in foster care, as requested by the Children's Network and recommended by Supervisor Stone

20.2.   APPROVED the dissemination of a Policy Bulletin by the Santa Cruz County Children's Network concerning children's health coverage expansion, and specifically supporting the passage of Assembly Bill 13 and Senate Bill 32, as requested by the Children's Network and recommended by Supervisor Stone

21.   ACCEPTED AND FILED the annual report of the Emergency Medical Care Commission, and approved related action, as recommended by Chairperson Beautz

22.   ACCEPTED AND FILED the annual report of the Santa Cruz-Monterey Managed Medical Care Commission, and approved related action, as recommended by Chairperson Beautz

23.   ACCEPTED AND FILED the annual report of the Historic Resources Commission, and approved related action, as recommended by Chairperson Beautz

24.   ACCEPTED AND FILED the annual report of the Human Services Commission, and approved related action, as recommended by Chairperson Beautz

25.   ACCEPTED AND FILED the annual report of the Ambulance Technical Advisory Group, as recommended by Chairperson Beautz

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.   ADOPTED RESOLUTION NO. 46-2007 accepting and appropriating unanticipated revenue in the amount of $300 into the Fish and Game Budget; approved allocations endorsed by the County Fish and Game Advisory Commission in the amount of $14,325; and authorized the Auditor-Controller to disburse funds, as recommended by the Health Services Agency Director

28.   APPROVED amended agreement with NADHAN Creekside adding a priority skilled nursing facility bed at a rate of $160 per day; approved agreement with United Way for leadership and recovery training effective June 1, 2006 with a maximum amount of $36,240; and authorized the Health Services Agency Director to sign; with an additional direction the Health Services Agency Administrator add “evaluation of program effectiveness” to the scope of the services for the contract

29.   ADOPTED RESOLUTION NO. 47-2007 accepting and appropriating unanticipated revenue in the amount of $14,996; approved new revenue agreement with The California Endowment in the amount of $29,992; and approved related actions, as recommended by the Health Services Agency Director

30.   AUTHORIZED the Human Resources Agency to submit a Proposal for Improving Care Transitions to the California HealthCare Foundation in the amount of $50,000 for one year, as recommended by the Human Resources Agency Director

30.1.   APPROVED $180,945 in Child Care Fees Loans and authorized the Human Resources Agency Director to sign standard loan documents with the borrowers on behalf of the County, as recommended by the Human Resources Agency Director

31.   AUTHORIZED the Planning Director to take actions needed to exercise the lease extension for the South County Permit Center, as recommended by the Planning Director

32.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 99-0183, a proposal to rezone three parcels from SU to TP on property located north of Hazel Dell Road and east of Ramsey Creek, approximately 800 feet east of Redwood Road, as recommended by the Planning Director

33.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 99-0184, a proposal to rezone six lots from SU and RA to TP on property located on the southwest side of Lower Highlands Road, about 4000 feet northwest of the intersection of Lower Highlands and Eureka Canyon Roads, as recommended by the Planning Director

34.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 99-0185, a proposal to rezone three lots from SU and RA to TP on property located east of Olive Springs Road, directly east of the Olive Springs Quarry Weigh Station, as recommended by the Planning Director

35.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 99-0774, a proposal to rezone a parcel from A to TP on property located on the south side of Tie Gulch Road, approximately half mile west of the intersection of Tie Gulch Road and Branciforte Drive (345 Tie Gulch Road), as recommended by the Planning Director

36.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 00-0453, a proposal to rezone a parcel from SU and A to TP on property located on the north side of Whitehouse Creek Road at approximately three miles north and east from Highway One and about half mile east of the San Mateo County line, as recommended by the Planning Director

37.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 01-0033, a proposal to rezone two parcels from SU to TP on property located on the west and east sides of Mountain Charlie Creek between Mountain Charlie Road and Hutchinson Road, about 1 mile northwest of Glenwood Drive, as recommended by the Planning Director

38.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 01-0040, a proposal to rezone a parcel from SU to TP on property located on the east side of Bear Creek Road, approximately 300 feet southwest of Hopkins Gulch Road, as recommended by the Planning Director

39.   SCHEDULED a public hearing on Tuesday, March 6, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 01-0261, a proposal to rezone a parcel from CA-O to TP on property located on an unnamed right-of-way, about three quarter miles south of Smith Grade, as recommended by the Planning Director

40.   SCHEDULED a public hearing on Tuesday, March 20, 2007, on the morning agenda, at 9:00 a.m. or thereafter to consider the East Cliff Drive Bluff Protection and Parkway Project (Application 00-0797) and associated Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on property located on East Cliff Drive between 32nd and 41st Avenues in Pleasure Point, and approved related actions, as recommended by the Planning Director

41.   SEE ITEM NO. 59.2 REGULAR AGENDA

42.   APPROVED design contract with Boone/Low Architects in the amount of $7,000 for the accessibility component of the Gemma project, as recommended by the Planning Director

43.   APPROVED contract change order No. 2 in the amount of $21,019.56 for the Fourteenth Avenue Improvement, East Cliff Drive to Merrill Street project; made findings that the improvements are of benefit to the project area; authorized the Chairperson of the Board to sign the change orders; and approved related actions, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 48-2007 summarily vacating excess road right-of-way (APN 039-062-05); accept property owners' offer of $2,500 to purchase the County's interest in subject property, pursuant to the terms and conditions of memorandum of agreement (MOA); approved the terms and conditions of MOA and authorized the Director of Public Works to sign the agreement on behalf of the County; adopted RESOLUTION NO. 49-2007 consummating the transfer of the County's interest, and authorized the Chairperson of the Board to execute the grant deed; and approved related actions, as recommended by the Director of Public Works

45.   APPROVED the purchase of a new Uninterrupted Power Supply for $39,500 for the Health Services computer mainframe network and approved reductions in the fixed asset listing for $39,500, as recommended by the Director of Information Services Department

46.   APPROVED Request for Proposals to advertise for on-call traffic engineering consultant services, and directed the Clerk of the Board to advertise the request for proposals for one day on February 18, 2007, as recommended by the Director of Public Works

47.   APPROVED amendment to agreement with Vector Engineering, Incorporated in the amount of $40,000 for Construction Quality Assurance Services for the Buena Vista Drive Sanitary Landfill, Module 4B construction project for an amended not-to-exceed amount of $199,380; authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

48.   ACCEPTED AND FILED report on the County Service Area (CSA) No. 7, Boulder Creek force main replacement; directed Public Works to continue to work with the CSA No. 7 homeowners group to define the project scope and find funding; directed Public Works to return with a status report on or before May 22, 2007, as recommended by the Director of Public Works

49.   AUTHORIZED the Director of Public Works to sign hold harmless agreements with the Central Fire Protection District for rescue systems training classes on behalf of the County, as recommended by the Director of Public Works

50.   AUTHORIZED the Clerk of the Board to make a partial release of the Faithful Performance Security submitted for Tract No. 1506, Capitola Gardens No. 2, as recommended by the Director of Public Works

50.1.   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 on or before April 17, 2007, as recommended by the Director of Public Works

51.   APPROVED independent contractor agreement with Haro, Kasunich and Associates in the amount of $35,487 for geotechnical and geological services related to County Service Area (CSA) No. 13, Hutchinson Road storm damage, and authorized the Director of Public Works to sign the agreement on behalf of CSA No. 13, as recommended by the Director of Public Works

52.   ACCEPTED AND FILED the 2006 Live Oak Parking Program Report; directed the Public Works Department to initiate the 2007 Live Oak Parking Program; ADOPTED RESOLUTION NO. 50-2007 establishing 2007 fees for permit parking in the Live Oak Beach area; ADOPTED RESOLUTION NO. 51-2007 establishing the Live Oak Parking Zone for 2007; and ADOPTED RESOLUTION NO. 52-2007 establishing the period of restricted parking in the Live Oak Beach area for 2007, as recommended by the Director of Public Works

53.   SEE ITEM NO. 59.3 REGULAR AGENDA

54.   SCHEDULED public hearings on Tuesday, March 13, 2007 and Tuesday, April 17, 2007, on the morning agenda at 9:00 a.m. or thereafter, to consider the proposed parking maintenance and operation charges for the fiscal year 2007-2008 of the Soquel Village Parking and Business Improvement Area, and directed the Clerk of the Board to take related noticing actions, as recommended by the Redevelopment Agency Administrator

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

PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS

Position Titles:

County Administrative Officer

County Counsel

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

56.   Public hearing held to consider Coastal Commission action certifying modified amendments to County Code Chapters 13.10 allowing greater floor area ratio and increased lot coverage for designated historic resources;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 53-2007 accepting the Coastal Commission's suggested modifications to previously approved Ordinance No. 4782 amending Sections 13.10.323 (b) and 16.42.090 of the County Code and previously approved Ordinance No. 4771 amending Sections 13.10.265, 13.10.551 and 16.42.090 of the County Code relating to Incentives for Historic Resources;

(3) adopted ORDINANCE NO. 4850 approving the Coastal Commission's requested modification to previously approved amendments to Sections 13.10.323(b) and 13.10.551(c) of the Santa Cruz County Code regarding Historic Incentives; and

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

57.   CONSIDERED Ordinance amending Subdivision T of Section 9.28.020 of the Santa Cruz County Code relating to stop intersections; and considered related actions involving Minor Land Division 03-0385, Tanbark Court;

(1) ADOPTED RESOLUTION NO. 54-2007 accepting Offer of Dedication of Parcel to the County, MLD 03-0385, Tanbark Court;

(2) ADOPTED RESOLUTION NO. 55-2007 accepting Tanbark Court into the County Maintained Road System;

(3) approved "in concept" ordinance amending subdivision T. of Section 9.28.020 of the Santa Cruz County Code relating to Stop Intersections to return on February 27, 2007 for final adoption; and

(4) directed the Clerk of the Board to return a certified copy of the resolutions to Public Works Real Property for recordation
PCaCoSB

58.   ACCEPTED AND FILED Health Services Agency's 6-month progress report on the Central Coast Alliance for Health and directed the Agency Director to return with the next 6-month progress report on August 7, 2007
PCaCoSB

59.   APPROVED appointment of Jean Anne Logan to the Hazardous Materials Advisory Commission, as an at-large representative of environmental interests, in accordance with County Code Section 2.92.030, for a term to expire April 1, 2007
PCaCoSB

59.1.   CONTINUED TO FEBRUARY 27, 2007 report on Local Agency Formation Commission (LAFCO) application No. 913; with an additional direction staff include: (a) information on the sufficiency of the budget to support the staff as proposed; (b) the issue of the transfer of assets; (c) if Bonny Doon succeeds in forming their own district, what happens in the rest of the district; (d) a history and analysis on how County-wide assets are spent; and (e) return with a new proposed letter identifying suggested changes and why the changes are being made
PCoCaSB

59.2.   ACCEPTED AND FILED status report on Housing Element Rezoning Program and approved related actions, as recommended by the Planning Director
PSCo(Ca)B Supervisor Campos abstained because he owns property within 500 - 1,000 feet

59.3.   CONTINUED TO FEBRUARY 27, 2007 consideration to designate AgriCulture as the lead organization for coordinating the 2007, 2008, and 2009 Santa Cruz County State Fair; with an additional direction for a report back on the Board's concern regarding private company advertising
PSCo/CA/B

WRITTEN CORRESPONDENCE LISTING: The Written Correspondence Listing is established to act as a report of materials received by the Board as a whole but may also include items requested for inclusion by individual Supervisors. Upon completion of any actions deemed necessary (i.e. acknowledgment, referral, etc.), these items are included in the Written Correspondence Listing under the appropriate heading. While these items are not part of the official record of meetings of the Board of Supervisors, they will be maintained by the Clerk of the Board for a period of two years, after which time they may be destroyed after the County's Historic Resources Commission has been provided an opportunity for review.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS