Santa Cruz County Board of Supervisors Minutes: 2/27/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 5
Tuesday, February 27, 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.		RENUMBERED Consent Item No. 34 to the Regular Agenda Item No. 60.1 ADDED to the Regular Agenda: Item No. 65.1
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 6, 2007 and February 13, 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.   ADOPTED ORDINANCE NO. 4851 Amending Subdivision T. of Section 9.28.020 of the Santa Cruz County Code Relating to Stop Intersections

11.   ACCEPTED AND FILED Treasurer's Quarterly Cash Count, as recommended by the Auditor-Controller

12.   ACCEPTED AND FILED status report on the Animal Services Facility project and approved related actions, as recommended by the County Administrative Officer

13.   CONTINUED TO MARCH 27, 2007 report on disaster planning issues

14.   ADOPTED RESOLUTION NO. 56-2007 certifying the Board's approval of agreement with the California Department of Forestry and Fire Protection; approved contract and Operational Agreement with the California Department of Forestry for fire protection services in County Service Areas 4 and 48 for fiscal year 2006/2007 in the amount of $2,570,197; and approved related actions, as recommended by the Director of General Services and the Emergency Services Administrator

15.   AUTHORIZED the County Fire Chief to sign fiscal year 2006/2007 Volunteer Fire Company Matching Funds agreements for fire service equipment and approved related actions, as recommended by the Director of General Services and the Emergency Services Administrator

16.   DECLARED used 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

17.   ADOPTED RESOLUTION NO. 57-2007 Amending Salary Resolution No. 279-75 implementing a classification action and a job title change in the Sheriff's department, as recommended by the Personnel Director

18.   APPROVED extension of the limited term Assistant Division Director position in Probation's Juvenile Division, as recommended by the Chief Probation Officer

19.   APPROVED transfer of funds in the amount of $30,622 for the purchase of additional storage capacity required for the retention of video taping, and adopted RESOLUTION NO. 58-2007 authorizing the Sheriff's Office to destroy recordings of routine video monitoring per Government Code Section 26202.6(a), as recommended by the Sheriff-Coroner

20.   ADOPTED RESOLUTION NO. 59-2007 accepting and appropriating unanticipated revenue for fiscal year 2006/2007 in the amount of $196,233 from the State Corrections Standards Authority for the Mentally Ill Offender Crime Reduction Grant; authorized the Sheriff-Coroner to sign the grant award agreement and negotiate contracts; and approved intra-fund transfers and new positions in the Sheriff's Office and Probation Department, as recommended by the Sheriff-Coroner

21.   ADOPTED RESOLUTION NO. 60-2007 accepting and appropriating unanticipated revenue in the amount of $4,927 from State Law Enforcement and approved Detention Bureau purchases and related actions, as recommended by the Sheriff-Coroner

22.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction report for the period ending January 31, 2007, as recommended by the Treasurer-Tax Collector

23.   ACCEPTED notification of at-large vacancy on the In-Home Supportive Services Advisory Commission, for a representative of consumers, with nominations for appointment to be received on March 13, 2007, and final appointment to be considered March 20, 2007, as recommended by Chairperson Beautz

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

25.   ACCEPTED AND FILED the annual report of the Water Advisory Commission, and approved related action, as recommended by Chairperson Beautz

26.   ACCEPTED AND FILED the annual report of the Seniors Commission, and approved related action, as recommended by Chairperson Beautz

27.   APPROVED reappointment of George (Bud) Winslow to the Housing Authority Board of Commissioners, as the representative of the Community Action Board of Santa Cruz County, Incorporated, for a term to expire February 27, 2011, as recommended by Chairperson Beautz

28.   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

29.   ADOPTED RESOLUTION NO. 61-2007 authorizing increase of specific penalties to provide funding for pediatric trauma care and additional funding for emergency medical services, as recommended by the Health Services Agency Director

30.   APPROVED agreement with Community Bridges for Elderday transportation and meals services in the maximum amount of $119,937, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

31.   SEE ITEM NO. 65.3 REGULAR AGENDA

32.   APPROVED various staffing changes in the Mental Health and Substance Abuse Division and approved related actions, as recommended by the Health Services Agency Director

33.   ACCEPTED AND FILED report on Medicare rates (Locality 99) and directed the Health Services Agency to return with an update during Budget hearings, as recommended by the Health Services Agency Director

34.   SEE ITEM NO. 60.1 REGULAR AGENDA

35.   APPROVED revenue agreement with Santa Cruz County Resource Conservation District for implementation of portions of the Integrated Watershed Restoration Program (IWRP) - Phase II and authorized the Director of Public Works to sign; approved revenue agreement with Santa Cruz County Resource Conservation District for implementation of Integrated Watershed Restoration Program Plan - Designs & Permitting and authorized the Health Services Agency Director to sign; and directed Public Works and the Health Services Agency to return on or before December 4, 2007 with a status report, as recommended by the Health Services Agency Director and the Director of Public Works

36.   DEFERRED consideration of report on implications of Net Site Area ordinance changes on existing beach housing to March 27, 2007, as recommended by the Planning Director

37.   DEFERRED report on affordability standards for housing rezoning program until on or before April 17, 2007, as recommended by the Planning Director

38.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda at 1:30 p.m. or thereafter to consider Application 01-0116, a proposal to rezone a portion of four parcels from A, CA and CA-P to TP and TP-P on property located on the west side of Swanton Road at approximately 3.5 miles northwest of the south end of Swanton Road

39.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0342, a proposal to rezone nine parcels from SU to TP on property located on the west side of Eureka Canyon Road at approximately one mile north of Rider Road

40.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0336, a proposal to rezone a parcel from SU to TP on property located on the north and south sides of White House Creek Road, at approximately three miles east from Highway 1

41.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0341, a proposal to rezone one parcel from SU to TP on property located to the east of Last Chance Road at approximately one mile north from Swanton Road

42.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0355, a proposal to rezone two parcels from A-L to TP-L on property located on the east and west side of Big Creek on an unnamed private road about one mile northeast from Swanton Road

43.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0357, a proposal to rezone two parcels from SU to TP on property located about three quarter of a mile beyond the eastern terminus of an unnamed road about one and three quarter miles north and east of Swanton Road

44.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0365, a proposal to rezone one parcel from A to TP on property located at the end of an unnamed private access road about one and a half miles northeast from Swanton Road, as recommended by the Planning Director

45.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0437, a proposal to rezone two parcels from SU to TP on property located at 1600 Empire Grade (north end of Empire Grade near the Lockheed Aerospace facility)

46.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 02-0615, a proposal to rezone two parcels from SU to TP on property located on the west side of Eureka Canyon Road at approximately three quarters of a mile north of Rider Road

47.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider Application 06-0514, a proposal to rezone two parcels from SU to TP on property located on the west side of Palm Drive about three quarters of a mile west of Deer Creek Road

48.   SEE ITEM NO. 65.2 REGULAR AGENDA

49.   APPROVED transfer of appropriations from Public Works' equipment replacement reserve fund to the Santa Cruz County Sanitation District for the purchase of a flat bed truck, as recommended by the Director of Public Works

50.   ADOPTED RESOLUTION NO. 62-2007 approving the submission of two grant applications for funds from the High Risk Rural Roads Program, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 63-2007 in support of a policy known as the Extended Producer Responsibility which requires manufacturers to assume product management responsibilities through disposal; adopted RESOLUTION NO. 64-2007 accepting and appropriating unanticipated revenue from the California Integrated Waste Management Board for the 2006/2007 Household Hazardous Waste Discretionary Grant in the amount of $7,000; and authorized the Director of Public Works to sign the California Product Stewardship Council (CPSC) letter of agreement on behalf of the County of Santa Cruz to formalize the County's participation in the CPSC, as recommended by the Director of Public Works

52.   ADOPTED RESOLUTION NO. 65-2007 accepting and appropriating unanticipated revenue in the amount of $704,133 from the Federal Emergency Management Agency (75 percent) and the State Office of Emergency Services (25 percent) for the El Rancho Drive 2006 Storm Damage Repair project; accepted the low bid of Viking Construction of Rancho Cordova in the amount of $2,772,018, and authorized the award of contract; and authorized the Director of Public Works to sign said contract on behalf of the County, as recommended by the Director of Public Works

53.   ADOPTED RESOLUTION NO. 66-2007 authorizing Public Works to submit a project list to the Santa Cruz County Regional Transportation Commission to amend the Regional Transportation Program to reflect an allocation of $1.998 million in projected state and federal funding, and directed Public Works to forward the resolution to the Santa Cruz County Regional Transportation Commission for purposes of amending the Regional Transportation Improvement Program, as recommended by the Director of Public Works

54.   DEFERRED update on the Pavement Management Program and directed Public Works to return on March 27, 2007, with the final report and public opinion survey results, as recommended by the Director of Public Works

55.   APPROVED independent contractor agreement with KCI Environmental, Incorporated in an amount not-to-exceed $34,200 for revegetation and maintenance services for the Paulsen Road-Whiting Road Bridge Replacement project; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

56.   ADOPTED RESOLUTION NO. 67-2007 extending the term of the Santa Cruz County Integrated Waste Management Local Task Force to January 27, 2009 and reappointing the existing members of the Task Forces for terms to expire January 27, 2009, as recommended by the Director of Public Works

57.   AUTHORIZED transfer of $549,657 from the Calabasas Road project to the Amesti Elementary School Pedestrian and Bicycle Safety Project; adopted RESOLUTION NO. 68-2007 accepting and appropriating unanticipated revenue in the amount of $125,000 for the Amesti-Elementary School Pedestrian and Bicycle Safety Project; approved plans, specifications and engineer's estimate and authorized calling for bids for the Amesti Elementary School Pedestrian and Bicycle Safety project; set the bid opening for 2:15 p.m. on April 5, 2007, in the Department of Public Works conference room; directed Public Works to return on or before April 24, 2007 with a recommendation for award of contract; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

58.   DESIGNATED AgriCulture as the organization responsible for the 2007, 2008 and 2009 Santa Cruz County State Fair Displays; authorized the Chair of the Board to sign the 2007 California State Fair Counties Exhibit Form; directed the Parks Department to report back to the Board on or before June 12, 2007 with the Official Statement of Purpose; and directed AgriCulture to report back to the Board on or before May 15, 2007 with a conceptual drawing of the proposed 2007 Santa Cruz County display, as recommended by the Director of Parks, Open Space and Cultural Services

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

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim Name/No.: People of the State of California (ex rel. Bill Lockyer, Attorney General) v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 152681; United States District Court, Northern District, Case No. 05CV 04708

Claim Name/No.: In re Ben F. Tarsitano, D.D.S., Claim No. 607-061

Claim Name/No.: In re Nelson, Claim No. 607-056A

Claim Name/No.: In re Grunow, Claim No. 607-056B

Case Name/No.: Barry Porter, et al. v. County of Santa Cruz, et al., Superior Court of California Case No. CV 156075

Case Name/No.: Sea For Yourself v. County of Santa Cruz, Superior Court of California Case No. CV 156077

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 - The Board, by unanimous vote, Denied the claim of Ben F. Tarsitano, D.D.S, Claim No. 607-061
PCoCaSB

REGULAR AGENDA

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

60.1.   Presented report on Proposition 63 services and mental health reform

61.   CONSIDERED proposed ordinance adding Section 10.04.155 to the Santa Cruz County Code related to prohibiting use of tobacco in County parks;

approved "in concept" ordinance adding Section 10.04.155 to the Santa Cruz County Code Prohibiting Use of Tobacco Products in County Parks to return on March 27, 2007 for final adoption
PCaCoSB

62.   CONSIDERED report on Ambulance Diversions and Hospital Restricted Status;

accepted and filed report and requested the Health Services Agency Director to return with an annual report on this subject in February, 2008
CaSPCoB

63.   CONSIDERED report on the tasks and alternatives regarding fire protection services in County Service Area (CSA) No. 48 and related actions;

accepted and filed report and directed Emergency Services/County Fire to return on May 15, 2007 with the results of the public opinion survey and associated recommendations
PCaCoSB

64.   CONSIDERED report on Local Agency Formation Commission (LAFCO) Application No. 913;

accepted and filed report on Local Agency Formation Commission (LAFCO) Application No. 913
PCaCoSB

65.   CONSIDERED report on additional sites for the Housing Element Rezoning Program in the Aptos Area;

(1) considered the various sites in the Aptos area presented for inclusion in the housing site rezoning program; and

(2) Added the Atlee Site to the list of proposed sites in the Aptos area
PBCo(Ca)S (Supervisor Campos abstained because he owns property within 500-1,000 feet)

65.1.   CONSIDERED adoption of a resolution urging the California State Legislature to amend Government Code Section 66427.5 to prevent "sham" conversions of mobilehome parks to resident ownership, and related actions;

(1) ADOPTED RESOLUTION NO. 69-2007 encouraging the State Legislature to revise Government Code Section 66427.5 and other sections as necessary to assure that mobilehome park residents are not involuntarily removed from local rent control or otherwise economically impacted if parks are subdivided or otherwise converted;

(2) directed the Chairperson to prepare a letter to be submitted to the Senate Select Committee on Mobile and Manufactured Homes expressing concerns over the use of Government Code Section 66427.5 to produce "sham" conversions and affirming the importance of local mobilehome rent control laws in protecting mobilehome park residents and the stock of affordable housing; and

(3) directed County Counsel to return on March 6, 2007, with an initial report on the legal issues raised by the mobilehome park resident conversion statute
PSCoCaB

65.2.   ACCEPTED AND FILED report on the suggested regulatory approach for the Housing Element Rezoning Program and approved related actions, as recommended by the Planning Director
PCo(Ca)SB (Supervisor Campos abstained because he owns property within 500-1,000 feet)

65.3.   APPROVED agreement with MedX Staffing for medical director services for Detention Medical, as recommended by the Health Services Agency Director
SCaPCoB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS