Santa Cruz County Board of Supervisors Minutes: 6/5/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 15
Tuesday, June 5, 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.		ADDED to the Consent Agenda: Item Nos. 54.1, 54.2, 54.3, 54.4 and 54.5 DELETED from the Consent Agenda: Item No. 53
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   SEE ITEM NO. 65.3 REGULAR AGENDA

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of May 17, 2007 through May 30, 2007 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.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 66, An Ordinance Amending District Code Title 4, Chapter 4.08, Article III, Section 4.08.160 Through 4.08.180 Sewer Service Charges

11.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 67, An Ordinance Amending District Code Title 3, Chapter 3.08, Article III, Section 3.08.160 Through 3.08.180 Water Service Charges

12.   CONTINUED TO JUNE 12, 2006 consideration to reject the claim of Walter Gorham, Claim No. 607-103, and refer to County Counsel

13.   REJECTED the claim of Hjordis S. Quitzau, Claim No. 607-097, and referred to County Counsel

14.   REJECTED the claim of James Walker, Claim No. 607-098, and referred to County Counsel

15.   REJECTED the claim of Moshe Vilozny, Claim No. 607-095, and referred to County Counsel

16.   REQUESTED the Auditor to issue a replacement warrant in the total amount of $1,800.00 to replace an uncashed and staledated warrant, as recommended by the Auditor-Controller

17.   ACCEPTED AND FILED report on Transient Occupancy Tax Reviews, as recommended by the Auditor-Controller

18.   ADOPTED RESOLUTION NO. 163-2007 accepting and appropriating unanticipated revenues in the amount of $40,000 to augment available appropriations in salaries and benefits in County Clerk Index and approved a transfer of funds in the amount of $47,000 from professional and special services-other to regular pay to augment available appropriations in salaries and benefits in County Clerk Index, as recommended by the County Clerk

19.   SEE ITEM NO. 65.5 REGULAR AGENDA

20.   AUTHORIZED the emergency replacement of the rooftop heating unit and associated ductwork at the Veterans Hall in Watsonville and authorized the Auditor-Controller to process payment in the amount not-to-exceed $16,325 to Geo. H. Wilson, Incorporated, as recommended by the Director of General Services

21.   AWARDED a contract to Johnson Engineered Systems, Incorporated in the amount of $147,000 for the Rountree Facilities Fire Alarm Upgrade project and approved related actions, as recommended by the General Services Director

22.   AWARDED a contract to Indoff, Incorporated in the amount of $23,925 for the Court Security Hallway project and approved related actions, as recommended by the General Services Director

23.   ACCEPTED AND FILED the 2006/2007 Equal Employment Opportunity (EEO) Annual Report and directed the EEO Office to return in March 2008 with EEO/Cultural Competence Plans for County departments, as recommended by the Personnel Director and EEO Officer

24.   AUTHORIZED the Sheriff-Coroner to sign and execute contracts with the Community Action Board of Santa Cruz for $75,000 and the Santa Cruz Community Counseling Center for $31,250 for services to mentally ill offenders, as recommended by the Sheriff-Coroner

25.   SEE ITEM NO. 65.1 REGULAR AGENDA

26.   ADOPTED RESOLUTION NO. 164-2007 opposing increases in citizenship and immigration service fees proposed by United States Citizen and Immigration Services; with additional direction that a copy of the resolution and letter be sent to the Latino Affairs Commission

27.   APPROVED appointment of Owen Lawlor to the Housing Advisory Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

28.   SEE ITEM NO. 65.4 REGULAR AGENDA

29.   ADOPTED RESOLUTION NO. 165-2007 supporting the passage of Assembly Bill 1058 (Laird), which would coordinate the development of a set of statewide residential green building standards, as recommended by Supervisor Stone

30.   APPROVED reappointment of Captain Christina Manriquez to the Emergency Medical Care Commission, as an at-large representative of the Santa Cruz County Law Enforcement Chief's Association, for a term to expire April 1, 2011, as recommended by Chairperson Beautz

31.   APPROVED appointment of Carmen Perez to the Latino Affairs Commission, as an at-large representative of the City of Santa Cruz, for a term to expire April 1, 2011, as recommended by Chairperson Beautz

32.   APPROVED amendment with Santa Cruz Community Counseling Center increasing the maximum contract amount by $158,000 and modifying the number of residential units of service, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

33.   SEE ITEM NO. 65.2 REGULAR AGENDA

34.   ACCEPTED AND FILED report on inpatient mental health utilization and approved amendment to agreement with Dr. Beata Chapman increasing the maximum amount by $25,000 to $50,000 and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

35.   AUTHORIZED the Human Resources Agency Director to sign a contract with Intelegy Corporation for services to support the Human Resources Agency Benefits Call Center in an amount not-to-exceed $72,000 for fiscal year 2007/2008, contingent upon approval of the proposed 2007/2008 budget, and approved related actions, as recommended by the Human Resources Agency Director

36.   APPROVED Amendment to the Youth Services contract with the Santa Cruz County Office of Education in an amount not-to-exceed $42,000, and authorized the Human Resources Agency Director to sign the Amendment, as recommended by the Human Resources Agency Director

37.   AUTHORIZED the Human Resources Agency Director to submit the HUD application for Continuum of Care Homeless Assistance funds; authorized the Human Resources Agency Director to execute a contract amendment with the Homeless Services Center to augment the Winter Shelter Agreement by $5,070 for a total amount of $108,464 in fiscal year 2006/2007; and authorized the Auditor-Controller to transfer unused accrual credits in the amount of $5,070 from the National Guard contract to the Homeless Services Center contract, as recommended by the Human Resources Agency Director

38.   APPROVED agreement with the California State Association of Counties to provide continued Welfare Client Data System management for fiscal year 2007/2008 in the amount of $32,250, effective July 1, 2007; and authorized the Human Resources Agency Director to execute the agreement on behalf of the County, contingent upon approval of the proposed 2007/2008 budget, as recommended by the Human Resources Agency Director

39.   AUTHORIZED transfer of funds in the amount of $1,712 from services and supplies to mobile equipment, and approved the transfer of two surplus pick-up trucks from General Services to Public Works, as recommended by the Director of Public Works

40.   ACCEPTED improvement for the Paulsen Road - Whiting Road Bridge No. 36C-0123 Replacement Project; approved final cost in the amount of $1,917,817.17; and authorized the Clerk of the Board to take related actions, as recommended by the Director of Public Works

41.   ACCEPTED site improvements for Tract 1505, Capitola Gardens No. 2 as completed; adopted RESOLUTION NO. 166-2007 accepting Parcel A; and approved related actions, as recommended by the Director of Public Works

42.   APPROVED road closure and permit for the La Selva Beach 4th of July Parade, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

43.   ACCEPTED AND FILED Capital Improvement Program (CIP) and continued consideration of the CIP to the individual departmental budget hearings, and directed the Department of Public Works to present Final 2007/2008 CIP, incorporating all changes that the Board adopts as part of the 2007/2008 budget hearings in CIP related budget appropriations, on or before December 11, 2007, as recommended by the Director of Public Works

44.   APPROVED road closure and permit for the Aptos 4th of July Parade; and directed Public Works to issue a parade permit, as recommended by the Director of Public Works

45.   ACCEPTED the improvement of the Underground Storage Tank (UST) Sump and Fuel System Monitor Upgrade project; approved final cost in the amount of $84,564; and authorized the Clerk of the Board to take related action, as recommended by the Director of Public Works

46.   APPROVED Request for Proposals for engineering design services; authorized Public Works to begin distribution of the Request for Proposals; directed the Clerk of the Board to advertise the Request for Proposal once on June 10, 2007; and directed Public Works to return on or before August 14, 2007 with a proposed contract for engineering design services for the Board's consideration, as recommended by the Director of Public Works

47.   APPROVED plan line for Brommer Street from Thirtieth Avenue to Capitola city limits and Thompson Avenue from Garden Street to Brommer Street; directed Public Works staff to include the plan line for these portions of Brommer Street and Thompson Avenue in the Master Plan Line file, as recommended by the Director of Public Works

48.   ADOPTED RESOLUTION NO. 167-2007 authorizing the submission of applications on behalf of the County and participating cities to the California Integrated Waste Management Board for fiscal year 2007/2008 Household Hazardous Waste Grants, as recommended by the Director of Public Works

49.   APPROVED amendment to agreement with TY Lin International/CCS Engineering for engineering of the El Rancho Drive Storm Damage Repair at Highway 17 Beulah Park Undercrossing, DSR No. 2714 project in the increased amount of $78,121.68 for a total not-to-exceed amount of $132,741.68; authorized the transfer of 2006/2007 Road Fund appropriations in the amount of $78,121.68; and authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

50.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, DIRECTED District staff to proceed with contract negotiations with the selected engineering firm or consulting services for the Davenport Water Treatment Plant upgrade, and return to the Board on or before June 19, 2007, for approval of the contract, as recommended by the District Engineer

51.   ADOPTED RESOLUTION NO. 168-2007 consenting to the purchase of Assessor's Parcel Numbers 026-261-16 and 026-261-17 on 7th Avenue in Live Oak, as recommended by the Redevelopment Agency Administrator

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the Notice of Determination for the purchase of Assessor's Parcel Numbers 026-261-16 and 026-261-17 on 7th Avenue in Live Oak; adopted RESOLUTION NO. 169-2007 approving purchase; adopted RESOLUTION NO. 170-2007 establishing a replacement housing plan; and approved related actions, as recommended by the Redevelopment Agency Administrator

53.   DELETED ITEM

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED modification to the First Time Homebuyer Program, as recommended by the Planning Director

54.1.   APPROVED transfer of funds from Liability Claims Reserves in the amount of $100,000, as recommended by the Risk Manager and Personnel Director

54.2.   ADOPTED RESOLUTION NO. 171-2007 accepting and appropriating unanticipated revenue from Other Charges to Regular Pay and Data Processing Services in the amount of $75,375 for the Sheriff's Office Vehicle Abatement Program, as recommended by the Sheriff-Coroner

54.3.   CANCELED the June 12, 2007 public hearings for the Wheelock House and Gemma House projects and scheduled a public hearing for these projects on June 26, 2007 at 9:00 a.m. or thereafter, as recommended by the Planning Director

54.4.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED public hearings on the Wheelock House and Gemma House projects for June 26, 2007, at 9:00 a.m. or thereafter, as recommended by the Planning Director

54.5.   DIRECTED the Chairperson to write to the County's elected State representatives and express the Board's opposition regarding any proposals to shift Proposition 42 monies, as recommended by Supervisor Beautz

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim Name/No.: Claim of George B. Jack, Claim No. 607-094

Case Name/No.: Steven Travis, Stanley M. Sokolow v. County, Supreme Court Case No. S109597; Sixth Appellate District Case No. H021541; Santa Cruz County Superior Court Case No. CV 136570

Case Name/No.: City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV 155571; City of Santa Cruz, et al. v . Regents of the University of California, Santa Cruz County Superior Court Case No. CV 156366

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b)(3)(c) of Government Code Section 54956.9 for one potential case

REPORT OF COUNTY COUNSEL - The Board of Supervisors considered the matter of George B. Jack v. County of Santa Cruz, Claim No. 607-094, and unanimously voted to deny this claim.
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REGULAR AGENDA

56.   Presentation of Certificate of Achievement for Excellence in Financial Reporting to Auditor-Controller Mary Jo Walker

57.   Introduction of Maria Hurtado, as the new Director of Parks, Open Space and Cultural Services

58.   Presentation by Go for Health! Collaborative

59.   Continued public hearing for certification of vote results on benefit assessment rates for County Service Area No. 33 Redwood Drive, No. 35 Country Estates, No. 41 Loma Prieta, and No. 51 Hopkins Gulch for the 2007/2008 fiscal year;

closed public hearing;

(1) accepted the certification of the vote results for CSA No. 33, Redwood Drive, CSA No. 35, Country Estates, CSA No. 41, Loma Prieta and CSA No. 51, Hopkins Gulch and directed the Director of Public Works to retain the ballots for at least six months following the certification;

(2) ADOPTED RESOLUTION NO. 172-2007 authorizing and levying an assessment for road maintenance and operations within CSA No. 33, Redwood Drive for 2007/2008 and each year following; adopted RESOLUTION NO. 173-2007 authorizing and levying an assessment for road maintenance and operations within CSA No. 35, Country Estates for 2007/2008 and each year following through Fiscal Year 2009/2010; adopted RESOLUTION NO. 174-2007 authorizing and levying an assessment for road maintenance and operations within CSA No. 41, Loma Prieta for 2007/2008 and each year following; and adopted RESOLUTION NO. 175-2007 authorizing and levying an assessment for road maintenance and operations within CSA No. 51, Hopkins Gulch for 2007/2008 and each year following
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60.   Public hearing held to consider rezoning certain properties to or from the Historic Landmark (“L”) Combining District, as follows:

Rezone the following properties TO the Historic Landmark Combining Zone District:

Assessor’s Parcel Numbers: 025-351-12, 026-181-23, 027-102-03, 027-103-11,

027-143-24, 027-143-33, 027-151-11, 028-041-45, 028-101-15, 028-142-31, 028-441-03, 029-013-51, 029-071-08, 029-071-38, 029-182-04, 030-142-04, 031-091-01, 032-011-27, 061-321-46

Rezone the following properties FROM the Historic Landmark Combining Zone District:

Assessor’s Parcel Numbers: 030-041-37, 030-091-11, 030-153-20, 030-161-29, 030-201-71, 039-232-02, 039-471-03, 040-101-62, 040-461-07, 048-231-11, 048-231-16, 049-501-01, 057-131-26, 058-082-08, 058-103-15, 058-103-16, 058-103-18, 058-103-28, 060-081-12, 060-231-00, 063-121-14, 064-121-20, 065-061-21, 065-072-03, 065-074-16, 065-091-04, 066-023-30, 066-081-06, 066-132-16, 067-232-04, 077-041-21, 077-092-16, 077-093-16, 079-331-34, 091-161-30, 094-011-19, 094-041-12, 094-041-74, 094-041-75, 098-251-05, 098-331-07;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 176-2007 (Attachment 1) and adopted ORDINANCE NO. 4877 (Attachment 2) amending Chapter 13.10 of the County Code to rezone properties consistent with their designation as historic resources; and

(2) certified the CEQA exemption (Attachment 7)
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61.   Public hearing held to consider the addition of the Regional Housing Need "R" Combining District to the County Code and related General Plan/LCP and Affordable Housing Ordinance amendments necessary to implement the rezoning program of the County's Housing Element;

closed public hearing; and the Board took the following actions:

(1) on page 498, deleted language in Section 13.10.477(a)(1) "Site must be located within the Urban Services Line";

(2) approved the General Plan Amendments as indicated on page 497 and revisions submitted June 5, 2007 and read into the record regarding Section 17.10.032(a); directed staff to return on November 20, 2007 with recommendations and discussions regarding affordable housing in the rural areas;

(3) on page 499, revised language in Section 13.10.477(b)(3)(ii) to read: "Height (up to 35 feet measured from pre-construction natural grade)...";

(4) on page 500, add language to Section 13.10.477(b)(3)(vi) that reads: "Where garages are provided for market rate units, garages are not required for affordable units, but in such cases 100 square feet per unit of outdoor storage space will be required";

(5) approved changes as reflected on page 501 to Section 13.10.478;

(6) approved changes to Section 17.10.020 Definitions as reflected on page 514;

(7) approved changes to Section 17.10.030 Inclusionary Housing Requirements for Residential Development Projects as reflected on page 517;

(8) approved changes to Section 17.10.030 Inclusionary Housing Requirements for Residential Development Projects as reflected on page 518;

(9) approved changes to Section 17.10.030 Inclusionary Housing Requirements for Residential Development Projects as reflected on page 519;

(10) approved revisions on page 521 to Section 17.10.032(a) as submitted on June 5, 2007;

(11) approved wording change on page 522 to Section 17.10.032(a)(3) bedroom count as follows: "...shall be allowed to average 0.5 of a bedroom less than the average number of bedrooms in the market rate units";

(12) approved staff recommendations as presented in the letter of the Planning Director of May 25, 2007, incorporating specific changes that were previously adopted by motion:

(a) continued consideration of resolution approving the proposed General Plan/LCP Amendments and proposed amendments to Chapter 13.10 to June 12, 2007;

(b) continued consideration of the ordinance amending Chapter 13.10 to June 12, 2007;

(c) approved "in concept", as amended, proposed ordinance amendments to Chapter 17.10 to June 12, 2007; and

(d) continued consideration to certify the CEQA Notice of Exemption to June 12, 2007
(1) PBco(Ca)S Supervisor Campos abstained because he owns property within 500-1,000 feet
(2) SPco(Ca)B Supervisor Campos abstained because he owns property within 500-1,000 feet
(3) PCo(Ca)SB Supervisor Campos abstained because he owns property within 500-1,000 feet
(4) PCo(Ca)SB Supervisor Campos abstained because he owns property within 500-1,000 feet
(5) SCoP(Ca)B Supervisor Campos abstained because he owns property within 500-1,000 feet
(6) PCo(Ca)SB Supervisor Campos abstained because he owns property within 500-1,000 feet
(7) PCo(Ca)SB Supervisor Campos abstained because he owns property within 500-1,000 feet
(8) CoSP(Ca)B Supervisor Campos abstained because he owns property within 500-1,000 feet
(9) PCo(Ca)SB Supervisor Campos abstained because he owns property within 500-1,000 feet
(10) PSCo(Ca)B Supervisor Campos abstained because he owns property within 500-1,000 feet
(11) PCo(Ca)SB Supervisor Campos abstained because he owns property within 500-1,000 feet
(12) SCoP(Ca)B Supervisor Campos abstained because he owns property within 500-1,000 feet

62.   Public hearing held on the proposed 2007/2008 sewer and miscellaneous service charge reports for Sanitation County Service Area (CSA) No. 2 Place de Mer; No. 5, Sand Dollar Beach and Canon Del Sol; and CSA No. 20, Trestle Beach;

(1) opened public hearing, to hear objections or protests, to the proposed 2007/2008 service charge report for County Service Area (CSA) No. 2, Place de Mer; CSA No. 5, Sand Dollar Beach and Canon del Sol; and CSA NO. 20, Trestle Beach;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 177-2007 confirming the service charge report for CSA No. 2, Place de Mer; CSA No. 5, Sand Dollar Beach and Canon del Sol; and CSA No. 20, Trestle Beach
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63.   Public hearing held to consider the Planning Commission's recommendation regarding a proposed General Plan/Local Coastal Program Amendment to Adopt Corrections to the County's Primary Groundwater Recharge Areas Map;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 178-2007 approving the proposed General Plan/LCP amendment to adopt the corrected Primary Groundwater Recharge Areas Map, and certifying the proposed CEQA Negative Declaration for this action

(Attachment 1); and

(2) directed the Planning Department to forward the proposed amendment to the Coastal Commission for their consideration of the action as a Local Coastal Program Land Use Plan Amendment
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64.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on the 2007/2008 Freedom County Sanitation District sewer service charge report;

(1) opened public hearing, to hear objections or protests, to the sewer service charge report for the Freedom County Sanitation District;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 179-2007 confirming the 2007/2008 sewer service charge report for the Freedom County Sanitation District
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65.   CONSIDERED resolution Authorizing Tax Revenue Anticipation Notes (TRANS) in a principal amount not-to-exceed $48,000,000;

(1) authorized the Auditor-Controller to proceed with necessary actions to secure the 2007-2008 Tax and Revenue Anticipation Notes not to exceed a total of $48,000,000; and

(2) ADOPTED RESOLUTION NO. 180-2007 authorizing the sale of 2007-2008 Tax and Revenue Anticipation Notes
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65.1.   DIRECTED the County Administrative Officer to provide funding plan, in conjunction with budget hearings, that will allocate $1 million in Franchise Fees toward the Pavement Management Program for fiscal year 2007/2008, and, also in conjunction with budget hearings, directed the County Administrative Officer to present a work plan that would raise this amount to $2 million beginning in fiscal year 2008/2009, and continuing at that level each year thereafter, as recommended by Supervisors Pirie and Campos
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65.2.   ADOPTED RESOLUTION NO. 181-2007 accepting and appropriating $41,667 of unanticipated State revenue into the Health Services Agency Alcohol and Drug Program 2006/2007 budget; approved revenue agreement with the California Department of Corrections and Rehabilitation for the $100,000 one-year grant to develop a community plan for services for parolees re-entering Santa Cruz County after release from prison effective February 1, 2007 and agreement with the Community Action Board in the amount of $37,835 for grant planning services effective February 1, 2007 and authorized the Health Services Agency Director to sign both agreements, with additional directions that Supervisor Coonerty be appointed as the Board of Supervisor's representative on the work grant Steering Committee and staff report back on November 6, 2007 on the status of the grant
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65.3.   APPROVED minutes of May 15, 2007 and May 22, 2007, as recommended by the Clerk of the Board
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65.4.   ADOPTED RESOLUTION NO. 182-2007 authorizing the Director of Public works to submit a grant application to the Monterey Bay Unified Air Pollution Control District for fiscal year 2007/2008 vehicle registration surcharge fee grant funds, as authorized by Assembly Bill 2766, for mobile source emission reduction projects, and approved related action, as recommended by Supervisor Stone
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65.5.   RATIFIED the contract with Access Compliance Services/Jonathan Adler for polling place accessibility review in the not-to-exceed amount of $280,000 through fiscal year 2010-2011, as recommended by the County Clerk
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PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS