Santa Cruz County Board of Supervisors Minutes: 4/15/2008

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2008, NUMBER 10
Tuesday, April 15, 2008

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.		ADDED to the Consent Agenda: Item Nos. 34.1 and 34.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - seven people addressed the Board

CONSENT AGENDA

6.   DELETED ITEM

7.   APPROVED minutes of March 11, 2008 and March 18, 2008, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 3, 2008 through April 9, 2008 and approved upon adoption of the 2007/2008 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 amended claim of Harold Griffith for refund of County Service Area charges and assessments for the years 2004-2008, and referred to County Counsel, as recommended by the County Counsel

11.   ACCEPTED AND FILED Biennial Report for calendar years 2006 and 2007 presented by Mosquito and Vector Control County Service Area Number 53, as recommended by the Agricultural Commissioner

12.   APPROVED three year contract with Caporicci & Larson totaling $388,450 for County audit services; approved transfer of funds in the amount of $57,038 within the Auditor-Controller's budget for initial audit services, and approved related action, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED monthly update on the 2008-2009 Proposed State Budget, as recommended by the County Administrative Officer

14.   APPROVED request from the Scotts Valley Redevelopment Agency and made determination that the Scotts Valley branch library, if built in accordance with the terms of the First Amendment and original pass through agreement between the City of Scotts Valley, the Redevelopment Agency of Scotts Valley, the County of Santa Cruz, and the Redevelopment Agency of the County of Santa Cruz, can be operated in the same manner as an equivalent Tier II County branch library, as recommended by the County Administrative Officer

15.   ACCEPTED AND FILED report on deferral of new County phone system and approved transfer of funds within the 2007-2008 Information Services Department budget in the amount of $220,000 for back-up phone switches and voice-mail system to ensure continued reliability of the telecommunications equipment, as recommended by the Information Services Director

16.   ADOPTED RESOLUTION NO. 78-2008 accepting and appropriating unanticipated revenue in the amount of $175,000 for the Disproportionate Minority Contract Enhanced Technical Assistance Project grant and approved associated implementing agreements with W. Hayward Burns Institute for $103,000; Dr. Todd Fogelsong for $28,000, and Raquel Mariscal, esq. for $30,000, as recommended by the Chief Probation Officer

17.   ACCEPTED report to consider ordinance relating to the licensing of junk dealers and scrap metal recyclers and requested the Sheriff's Office to work with County Counsel to provide a report back at budget hearings, as recommended by the Sheriff-Coroner

18.   AUTHORIZED advanced vacation accrual setting and the additional annual leave hours for a Sheriff's Deputy in the amount of 73.52 hours, as recommended by the Sheriff-Coroner

19.   APPROVED the appointment of Richard Clark and Lisa Costello as members of the Treasury Oversight Commission for four-year terms ending March 31, 2009, as recommended by the Treasurer-Tax Collector

19.1.   ADOPTED RESOLUTION NO. 79-2008 opposing the passage of Proposition 98 on the June 3, 2008, ballot, as recommended by Supervisors Beautz and Stone

20.   APPROVED appointment of Therese Valdez to the Child Care Planning Council, as a representative of consumers, for a term to expire April 1, 2009, as recommended by Supervisor Coonerty

21.   APPROVED appointment of Patrick Meehan to the Public Health Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

22.   ACCEPTED nomination of George Wolfe for appointment to the Santa Cruz-Monterey Managed Medical Care Commission, as an at-large representative of the population of beneficiaries served by the Commission, for a term to expire April 1, 2009, with final appointment to be considered on April 22, 2008, as recommended by Supervisor Pirie

23.   ACCEPTED AND FILED annual report of the Environmental Health Appeals Commission, as recommended by Chairperson Pirie

24.   ACCEPTED notification of at-large vacancy on the In-Home Supportive Services Advisory Commission, for a representative in the category of "current or former provider of in-home supportive services," with nominations for appointment to be received on April 29, 2008, and final appointment to be considered on May 13, 2008, as recommended by Chairperson Pirie

25.   ACCEPTED report on the status of the Pajaro Valley Groundwater Management Agency and directed the Water Resources Division Director to provide a further report and recommendation on May 20, 2008 for the Board to consider whether to initiate the process to declare a groundwater emergency and take other necessary actions to address the groundwater overdraft in the Pajaro Groundwater Basin, as recommended by the Director of the Health Services Agency

26.   ADOPTED RESOLUTION NO. 80-2008 appointing Vanessa Bertsche to the Office of Public Guardian of Santa Cruz County, as recommended by the Director of the Health Services Agency

27.   APPROVED contract with New Info Service, Inc. in an amount not-to-exceed $228,000 for technical support for the CalWIN County Information Server, and approved related actions, as recommended by the Director of Human Services

28.   ACCEPTED AND FILED report on future recommended Rule 20A underground utility projects, as recommended by the Director of Public Works

29.   ADOPTED RESOLUTION NO. 80-2008 accepting and appropriating unanticipated revenue in the amount of $241,656.06 for the County Service Area 9C Solid Waste Enterprise Fund; approved amendment to agreement with Green Waste Recovery, Inc., for the contract ending December 31, 2007 for a not-to-exceed amount of $175,835, as recommended by the Director of Public Works

30.   ADOPTED RESOLUTION NO. 82-2008 approving the submittal of five grant applications for funds from the High Risk Rural Roads Program, as recommended by the Director of Public Works

31.   AUTHORIZED a lump sum payment in the amount of $1,398.22 to the Register-Pajaronian for prior year advertising services, as recommended by the Director of Public Works

32.   AUTHORIZED transfer of funds in the amount of $65,000 for completion of the 2007/2008 diesel equipment emission retrofits, as recommended by the Director of Public Works

33.   DIRECTED Public Works to return on or before June 10, 2008, with a proposed initial list of minor rural roads for consideration for conversion to private use and in conjunction with the Planning Department and County Counsel, report on the feasibility of requiring either new County Service Area Benefit Assessment Districts or requiring subdivision homeowners' associations to provide for ongoing maintenance of streets constructed as part of any new development, as recommended by the Director of Public Works

34.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency financing in the amount of $64,580 for an amendment to a consultant agreement with Boone/Low Architects & Planners for the Live Oak Resource Center Project, and approved related actions, as recommended by the Redevelopment Agency Administrator

34.1.   AUTHORIZED the payment of $109,310 from the In-Lieu Housing Fund to pay for fees associated with the Riverside Mobile Home Park Renovation Project, as outlined, and approved related action, as recommended by Supervisor Campos

34.2.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED agreement with RMC Pacific Materials for Davenport water system upgrades and approved related actions, as recommended by the District Engineer

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Acting Director of Personnel

Employee organization: District Attorney and Child Support Attorneys Association; Sheriff's Correctional Officer Association, Operating Engineers, Local 3

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

36.   CONTINUED public hearing held to consider application number 05-0407, a proposal to grade 1,800 cubic yards of cut and 2,300 cubic yards of fill for a single family dwelling, detached shop, water tank, and driveway on a 141 acre property in the Cabrillo College area, Assessor's Parcel Numbers 040-081-06, 040-081-07, and 040-081-09;

closed public hearing;

(1) adopted the Mitigated Negative Declaration for the Application in compliance with the requirements of the California Environmental Quality Act (Attachment 6); and

(2) approved Application 05-0407 based on the findings (Attachments 2 and 3) and subject to the conditions (Attachment 4); with the additional direction to add at the bottom of page 235, Q, condition 2.2, offer of a grant of easement for the open space easement; and make a correction to reflect Danube instead of Wilshire Drive
CaSBCoP

37.   CONTINUED public hearing held to consider the Planning Commission's recommendations to adopt proposed amendments to Santa Cruz County Code Chapters 13.10, 13.20 and 16.50 to simplify zoning regulations for small-scale residential structures;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 83-2008 approving the proposed ordinance amendments (Attachment 3);

(2) ADOPTED ORDINANCE NO. 4921 adopting the proposed ordinance amendments (Attachment 2) to be effective outside the Coastal Zone on the 31st day after adoption, and effective inside the Coastal Zone upon Coastal Commission certification;

(3) certified the revised CEQA Notice of Exemption (Attachment 4);

(4) directed staff to submit the proposed ordinance amendments to the Coastal Commission as part of the next Coastal "Rounds" package; and

(5) directed Planning staff to report back on May 20, 2008 with a report focusing on how the current Code Enforcement Program addresses illegal residential uses and construction as well as alternative approaches for how the program could operate;

(6) with the following changes: (a) in Attachment 3, exhibit A, on page 627, the proposed ordinance amendments, under the Required Conditions, I, add language to read: "The agreement shall provide for periodic condition compliance inspections by Planning Department staff and that nothing in this section or the agreement shall be deemed to be a waiver of any property owner's rights to due process or to avoid unreasonable searches.";

(b) Section 13.10.611(d) should remain not changed to 13.10.611(e);

(c) Planning staff include in the report back of May 20, 2008 Supervisor Campos's concerns regarding inspections
SBCoCaP

38.   Public hearing held to consider parking maintenance and operating charges for the Soquel Village Parking and Business Improvement Area (SVPBIA) for the Fiscal Year 2008-2009;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 84-2008 Establishing the Annual Assessment Charges for the Soquel Village Parking and Business Improvement Area for the 2008-2009 Fiscal Year
BCaCoSP

39.   CONTINUED TO APRIL 22, 2008 to consider the Historic Resources Commission's recommendation to adopt proposed amendments to Santa Cruz County Code Chapter 16.42 - Historic Preservation
SBCoCaP

40.   CONSIDERED report on the tentative offer from AdaptiveARC to host a demonstration plasma arc gasification project at the Buena Vista Landfill;

(1) accepted and filed report on the tentative offer from AdaptiveARC to host a demonstration plasma arc gasification project at the Buena Vista Landfill;

(2) authorized the Director of Public Works to sign a letter of intent with AdaptiveARC; and

(3) directed Public Works to develop an agreement with AdaptiveARC to host the demonstration plasma arc gasification project and return on or before June 10, 2008, with a status report and completed agreement for Board consideration
SCaBCoP

41.   CONSIDERED adoption of ordinance adding Chapter 8.34 relating to Safety Enhancement Zones;

approved "in concept" ordinance adding chapter 8.34 to the Santa Cruz County Code Relating to Safety Enhancement Zones to return on April 22, 2008 for final adoption
SCoBCaP

42.   APPROVED appointment of Martina O'Sullivan to the Santa Cruz-Monterey Managed Medical Care Commission, as an at-large representative of hospitals, for a term to expire April 1, 2011
CaSBCoP

999.   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