Santa Cruz County Board of Supervisors Minutes: 5/12/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 13
Tuesday, May 12, 2009

ACTION SUMMARY MINUTES

VOTING KEY: 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. 61.1 and 61.2 Consideration of Late Additions to the Consent Agenda: Item No. 62 REQUEST TO ADD LATE ITEM TO THE CLOSED SESSION AGENDA, and that the Board of Supervisors determine by two-thirds vote of its members present at the meeting that a need to take immediate action arose subsequent to the printed agenda being posted as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Carota v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV161890
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eleven people addressed the Board

CONSENT AGENDA

6.   DELETED ITEM

7.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 16, 2009 through May 6, 2009 and approved upon adoption of the 2008-2009 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 claim of Rob and Karen Stuart, Claim No. 809-070, and referred to County Counsel

11.   REJECTED the claim of Alonzo A. Eversole, Claim No. 809-071, and referred to County Counsel

12.   REJECTED the claim of Alonzo A. Eversole, Claim No. 809-071A, as insufficiently filed and referred to County Counsel

13.   REJECTED the claim of Alonzo A. Eversole, Claim No. 809-071B, and referred to County Counsel

14.   ADOPTED RESOLUTION NO. 90-2009 confirming previously established benefit assessments for County Service Area No. 53; adopted RESOLUTION NO. 91-2009 setting a public hearing on Tuesday, June 2, 2009 at 9:00 a.m. or thereafter to consider proposed 2009/2010 Benefit/Assessment Rate Report for Mosquito and Vector Control, County Service Area No. 53, and directed the Clerk of the Board to take related actions, as recommended by the Agricultural Commissioner

15.   ACCEPTED AND FILED report on audits of nonprofit organizations contracting with the County, as recommended by the Auditor-Controller

16.   APPROVED the replacement of an uncashed and stale-dated warrant in the amount of $132.07, as recommended by the Auditor-Controller

17.   ACCEPTED AND FILED Volume II, Departmental Line Item Budget Detail for the 2009-2010 Proposed Budget, as recommended by the County Administrative Officer

18.   ADOPTED the schedule for the 2009-2010 Budget Hearings, as recommended by the County Administrative Officer

19.   ADOPTED RESOLUTION NO. 92-2009 proclaiming the existence of a state of local emergency due to the 2009 H1N1 influenza outbreak effective May 2, 2009, as recommended by the County Administrative Officer

20.   SCHEDULED public hearing on Tuesday, June 2, 2009 at 9:00 a.m. or thereafter to consider appointment of County Road Commissioner and directed the Clerk of the Board to take related action, as recommended by the County Administrative Officer

21.   ACCEPTED AND FILED the annual report for the Emergency Management Council's Coordination Committee and directed the Health Services and General Services Directors to return on or before May 6, 2010 with a report on further work plan activities, as recommended by the Directors of Health Services and General Services

22.   ACCEPTED AND FILED the annual report on the status of the private sector living wage program and adopted RESOLUTION NO. 93-2009 increasing the living wage to $13.58 per hour for benefited positions and $14.81 for those employees not receiving benefits, effective July 1, 2009, as recommended by the Director of General Services

23.   ADOPTED RESOLUTION NO. 94-2009 confirming previously established benefit assessments for County Service Areas 4 (Pajaro Dunes) and 48 (County Fire); adopted RESOLUTION NO. 95-2009 setting Tuesday June 9, 2009 for a public hearing to consider the proposed 2009-2010 Fire Protection Assessment service charge reports for County Service Areas 4 and 48 and directed the Clerk of the Board to take related actions, as recommended by the Director of General Services

24.   APPROVED the transfer of $10,225 from Telecommunications Services and Supplies to Other Charges for fiscal year 2008-2009 depreciation charges, as recommended by the Director of Information Services

25.   DEFERRED report on Juvenile Justice Crime Prevention Act (JJCPA) Program Application for 2009-2010 Continuation funding until 2009-2010 Budget hearings, as recommended by the Chief Probation Officer

26.   AUTHORIZED the Chief Probation Officer to sign the Letter of Agreement with the Annie E. Casey Foundation, as recommended by the Chief Probation Officer

27.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending April 30, 2009, as recommended by the Treasurer-Tax Collector

28.   ADOPTED RESOLUTION NO. 96-2009 supporting the restoration of "optional" Medi-Cal benefits and approved related actions, as recommended by Supervisor Coonerty

28.1.   ACCEPTED nomination of David Pais to the Hazardous Materials Advisory Commission, as an at-large representative of industry, for a term to expire April 1, 2013, with final appointment to be considered June 2, 2009, as recommended by Supervisor Leopold

29.   ACCEPTED nomination of Cheryl Johnson for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2010, with final appointment to be considered on June 2, 2009, as recommended by Supervisor Pirie

29.1.   APPROVED the bylaws of the Santa Cruz-Monterey-Merced Managed Medical Care Commission, as adopted by the Commission on April 22, 2009, as recommended by Supervisor Pirie

30.   APPROVED the 2009 Child Care Expansion Priority Report prepared by the Santa Cruz County Child Care Planning Council and authorized the Chairperson of the Board to sign the necessary forms, as recommended by Chairperson Coonerty

31.   ADOPTED RESOLUTION NO. 97-2009 setting a public hearing for June 9, 2009 at 9:00 a.m. or thereafter to consider the proposed benefit assessments/service charges and the proposed 2009-2010 Assessment/Service Charge Report for County Service Area No. 12 - Wastewater Management, and directed the Clerk of the Board to take related action, as recommended by the Director of Health Services

32.   APPROVED Hospital Preparedness Program agreements with Dominican Hospital for $52,500; Sutter Maternity and Surgery Center for $52,500; Santa Cruz Women's Health Center for $20,500; Watsonville Community Hospital, an amendment extending the term to August 8, 2010 and increasing the maximum amount by $77,500 to $127,500; and approved related actions, as recommended by the Director of Health Services

32.1.   APPROVED amendment to agreement with Parent's Center decreasing the maximum amount by $111,474 to $1,092,657 for children's mental health services and approved related actions, as recommended by the Director of Health Services

33.   APPROVED transfer of the Human Services Department Homeless Management Information Services (HMIS) grant to the Community Technology Alliance (CTA) effective July 2009 and authorized the Human Services Director to execute various agreements associated with the transfer; authorized the Auditor-Controller to issue a warrant in the amount of $5,356.25, which represents the remaining portion of the local HMIS match funds, to CTA effective July 1, 2009; approved amendment to contract with the Homeless Services Center, increasing the amount $6,075 from savings in the National Guard Armory contract, and approved related actions, as recommended by the Director of Human Services

34.   ACCEPTED AND FILED status report on the Community Development Block Grant (CDBG) Submittal and scheduled a public hearing on Tuesday, June 16, 2009 at 9:00 a.m. or thereafter to consider the 2009 CDBG General Allocation Program, as recommended by the Planning Director

35.   APPROVED contract with Tony Gardner Consulting, effective July 1, 2009, in the amount of $62,125 for preparation of the annual Department of Housing and Urban Development (HUD) Continuum of Care application, as recommended by the Planning Director

36.   SCHEDULED public hearing on Tuesday, June 9, 2009 at 9:00 a.m. or thereafter to consider the recommendation of the Planning Commission regarding the Rezoning, General Plan Amendment, Riparian Exception, and related permits for Assessor's Parcel Numbers 048-211-25 and 048-221-09 (between Brewington Avenue and Atkinson Lane in the Pajaro Valley Planning Area), and approved related action, as recommended by the Planning Director
SLP(Ca)Co

37.   SCHEDULED public hearing on Tuesday, June 9, 2009 at 9:00 a.m. or thereafter to consider Application Number 09-0062 (County of Santa Cruz for BK Properties LP), to amend the General Plan land use designation, rezone the property, and approved related actions, as recommended by the Planning Director

38.   ACCEPTED AND FILED the Proposed 2009-2010 Capital Improvement Program document, and scheduled a study session on the Proposed 2009-2010 Capital Improvement Program for June 9, 2009, as recommended by the Director of Public Works

39.   ACCEPTED AND FILED report on the Stormwater Management Program and Santa Cruz County's enrollment under the statewide National Pollutant Discharge Elimination System Phase II Municipal Separate Storm Sewer System Permit; directed Public Works to forward the revised Stormwater Management Program to the Central Coast Regional Water Quality Board by May 20, 2009; directed County departments to implement the Best Management Practices as applicable and approved related actions, as recommended by the Director of Public Works

40.   ACCEPTED improvements and approved the final cost of $213,324.35 for the Aptos Library Parking Lot Expansion Project and approved related action, as recommended by the Director of Public Works

41.   ACCEPTED improvement and the final cost of $75,000 for the 2009 Brommer Yard Enhanced Vapor Recovery System Upgrade project and approved related action, as recommended by the Director of Public Works

42.   ACCEPTED improvements and the final cost of $2,121,176.04 for the 2008 Redevelopment Agency Overlay project and approved related action, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 98-2009 approving and accepting the terms and conditions of agreement for property acquisitions for the East Cliff Drive Bluff Protection 32nd Avenue to 36th Avenue and 41st Avenue project; approved payment of claim and approved related action, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 99-2009 accepting and appropriating unanticipated revenue in the amount of $52,514 from the Redevelopment Agency for pedestrian crossing upgrades; approved amendment to agreement with Cal-West Lighting and Signal Maintenance in the not-to-exceed amount of $220,000 for traffic signal and highway safety lighting maintenance and repair services; approved the plan and lump sum proposal for improvements to the Soquel Drive crosswalk between Porter Street and the Bargetto Bridge and approved related action, as recommended by the Director of Public Works

45.   ADOPTED RESOLUTION NO. 100-2009 authorizing the Director of Public Works to enter into a financial assistance agreement with the State Water Resources Control Board providing the option to use American Reinvestment and Recovery Act funds for reducing non-point sediment and pesticide pollution in County road maintenance operations and approved related actions, as recommended by the Director of Public Works

46.   ADOPTED RESOLUTION NO. 101-2009 confirming previously approved increase in benefit assessment/service charge for County Service Area (CSA) No. 2 - Place de Mer; adopted RESOLUTION NO. 102-2009 confirming benefit assessment/service charge for County Service Area (CSA) No. 10 - Rolling Woods; adopted RESOLUTION NO. 103-2009 setting Tuesday, June 2, 2009 at 9:00 a.m. or thereafter for a public hearing on the proposed 2009-2010 Benefit Assessment/Service Charge reports for CSA No. 2 - Place de Mer and CSA No. 10 - Rolling Woods; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

47.   ADOPTED RESOLUTION NO. 104-2009 confirming previously approved increase in benefit assessments for County Service Area (CSA) No. 26 - Hidden Valley; ADOPTED RESOLUTION NO. 105-2009 confirming previously approved increase in benefit assessments for CSA No. 32 - View Circle; ADOPTED RESOLUTION NO. 106-2009 confirming previously approved increase in benefit assessments for CSA No. 41 - Loma Prieta Drive; ADOPTED RESOLUTION NO. 107-2009 confirming previously approved increase in benefit assessments for CSA No. 44 - Sunbeam Woods and ADOPTED RESOLUTION NO. 108-2009 confirming previously approved increase in benefit assessments for CSA No. 57D - Graham Hill; adopted RESOLUTION NO. 109-2009 setting Tuesday, June 2, 2009 at 9:00 a.m. or thereafter for a public hearing on the proposed 2009-2010 Benefit Assessment/Service Charge reports for various County Service Areas and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

48.   ADOPTED RESOLUTION NO. 110-2009 supporting Senate Constitutional Amendment No. 18 relating to fees for stormwater management and approved related action, as recommended by the Director of Public Works

49.   APPROVED independent contractor agreement with Schaaf and Wheeler to complete the Drainage Master Plans for the County of Santa Cruz Flood Control and Water Conservation District Zones 5 and 6; made related findings; adopted RESOLUTION NO. 111-2009 accepting and appropriating unanticipated revenue in the amount of $233,275 from the Redevelopment Agency into the plan funds and approved related action, as recommended by the Director of Public Works

50.   APPROVED the 4th of July beach access road closures and directed the Public Works Department to provide the California Highway Patrol and Sheriff's Office with road closure barricades and detour signs; with an additional direction to add Davenport Landing Road to the beach access and road closures list

51.   APPROVED specifications and engineer's estimate for the 2009 Road Reconstruction and Overlay Project and authorized calling for bids; set the bid opening on June 11, 2009 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on June 23, 2009 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

52.   APPROVED plans and specifications and engineer's estimate for the Bear Creek Road Storm Damage Repair Project and authorized calling for bids; set the bid opening on June 11, 2009 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on June 23, 2009 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

53.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED plans and specifications and engineer's estimate for the Davenport Water Main Rehabilitation Project and authorized calling for bids; scheduled the bid opening on Thursday, June 11, 2009 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on June 23, 2009 with a recommendation for award of contract and approved related actions, as recommended by the District Engineer

54.   ACCEPTED the donations of a framed Manual Santana lithograph from Art Commissioner Bruce Arnold and of a framed Susan Beville watercolor painting from Art Commissioner Cynthia Kilian; directed Parks staff to determine an appropriate site at the County Government Center to install the artwork, as recommended by the Director of Parks, Open Space, and Cultural Services

55.   APPROVED contract with Jane O'Connor for instructing swim lessons at the Simpkins Family Swim Center to provide an additional $6,000 for 2008-2009, at no cost to the County, and approved related actions, as recommended by the Director Parks, Open Space, and Cultural Services

56.   APPROVED the selection of Judi Oyama Foy as a public artist for the Felt Street Park; approved agreement not-to-exceed $6,000 for public artwork financed by the Redevelopment Agency and approved related actions, as recommended by the Director Parks, Open Space, and Cultural Services

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on the Redevelopment Agency owned home in Woodside Terrace, as recommended by Planning Director

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 112-2009 accepting and appropriating unanticipated revenue in the amount of $8,416; made necessary findings and approved Agency funds totaling $52,514 for the cost of installing pedestrian safety lighting in Soquel Village, as recommended by the Redevelopment Agency Administrator

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 113-2009 accepting and appropriating unanticipated revenue in the amount of $56,290 and approved Agency funds totaling $233,275 for the cost of a Drainage Master Plan for the County of Santa Cruz Flood Control and Water Conservation District - Zone 5, as recommended by the Redevelopment Agency Administrator

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $1,500 for the total cost of a real property agreement necessary for the East Cliff Drive Bluff Protection Project; made necessary findings and approved related actions, as recommended by the Redevelopment Agency Administrator

61.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $26,250 for financing of artist contracts with the County Parks Department for Felt Street Park; made necessary findings and approved related actions, as recommended by the Redevelopment Agency Administrator

61.1.   ADOPTED RESOLUTION NO. 114-2009 opposing the passage of Assembly Bill 761, which would override the voters' rejection of Proposition 98 by establishing statewide mobilehome vacancy decontrol in all mobilehome parks that have local mobilehome rent control, by Supervisors Leopold and Coonerty

61.2.   MOTION MADE to adopt resolution opposing the passage of Assembly Bill 831 and requesting Assemblymember Monning withdraw the bill unless amended; and take related actions, as recommended by the Auditor-Controller

(2) RECONSIDERED ITEM; and

(3) NO ACTION TAKEN
(1) SLPCaCo
(2) PSL/CA/Co
(3) PL/CA/SCo

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organization: All Bargaining Units

CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b)(1) of Government Code Section 54956.9 for one potential case

ACCEPTED request to add late item to the Closed Litigation Session that the Board of Supervisors determine by two-thirds vote of its members present at the meeting that a need to take immediate action arose subsequent to the printed agenda being posted as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Carota v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV161890

SPLCaCo

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

63.   Presentation made honoring Assessor-Recorder Gary E. Hazelton

64.   CONSIDERED adoption of a resolution declaring the County's intention to finance installation of distributed generation renewable energy sources and energy efficiency improvements;

(1) ADOPTED RESOLUTION NO. 115-2009 expressing the Board's intention to implement the Solar Santa Cruz program consistent with the provisions of Assembly Bill 811;

(2) directed the County Administrative Officer and other department heads to carry out the tasks identified in the resolution;

(3) directed the County Administrative Officer to negotiate a contract with Renewable Funding, and return for approval on or before June 23, 2009;

(4) directed the Chairperson of the Board to write a letter in support of Senate Bill 279 to our legislators, the bill's author, the appropriate committees, and the Governor;

(5) agreed that any eligible improvements installed after today's action will be grandfathered into the program should it be established;

(6) scheudled a public hearing on August 11, 2009 as provided in AB811 and the letter of Supervisor Neal Coonerty and Supervisor Mark Stone dated May 4, 2009; and

(7) with additional directions: (a) to change the name of the program to "Solar Santa Cruz County" and (b) for the County Administrative Officer to return during the 2009-2010 Budget Hearings with the cost of putting the program together
LPCaSCo

65.   Public hearing held to consider proposed sewer service charges for County Service Area (CSA) No. 5 - Sand Dollar Beach and Canon del Sol, CSA No. 7 - Boulder Creek, CSA No. 20 - Trestle Beach, CSA No. 57S - Graham Hill (Woods Cove) for fiscal year 2009-2010;

(1) opened public hearing to hear objections to the proposed CSA No. 5, Sand Dollar and Canon del Sol, CSA No. 7, Boulder Creek, CSA No. 20, Trestle Beach, and CSA No. 57S, Graham Hill (Woods Cove) sewer service charges;

(2) closed public hearing;

(3) adopted RESOLUTION NO. 116-2009 Establishing service charges for CSA No. 5, Sand Dollar and Canon del Sol;

adopted RESOLUTION NO. 117-2009 Establishing service charges for CSA No.7, Boulder Creek;

adopted RESOLUTION NO. 118-2009 Establishing service charges for CSA No.57S, Graham Hill (Woods Cove); and

continued to the end of today's agenda consideration of proposed sewer service charges for CSA 20, Trestle Beach;

(4) adopted RESOLUTION NO. 119-2009 setting a public hearing on June 2, 2009 at 9:00 a.m. of thereafter, for sewer service charges for County Service Areas No. 5, Sand Dollar and Canon Del Sol, No. 7, Boulder Creek, No. 20, Trestle Beach, and No 57S, Graham Hill (Woods Cove);

(5) directed the Clerk of the Board to publish the notice of public hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation; and

(6) adopted RESOLUTION NO. 120-2009 Establishing service charges for CSA No. 20, Trestle Beach
(1) PSLCaCo
(2) PSL/CA/Co

66.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinances amending District Code establishing 2009-2010 water and sewer service charges;

(1) closed public hearing;

(2) approved "in concept" Ordinance No. 70 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 sewer service charges to return on June 2, 2009 for final adoption;

(3) approved "in concept" Ordinance No. 71 amending District Code Title 3, Article III, Section 3.08.160 through 3.08.180 for water service charges to return on June 2, 2009 for final adoption; and

(4) set Tuesday, June 9, 2009, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge reports
PLCaSCo

67.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinance amending sewer service charges for 2009-2010;

(1) closed public hearing;

(2) approved "in concept" Ordinance No. F-12 amending District Code Title 3, Article III, Sections 3.08 establishing sewer service charges to return on June 2, for final adoption;

(3) set Tuesday, June 2, 2009, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report
PL(Ca)SCo

68.   Public hearing held to consider the recommendation of the Planning Commission regarding the Planned Unit Development Permit, Rezoning, Local Coastal Program Land Use Plan/General Plan Amendment, and amendment to the Seacliff Village Plan for Assessor's Parcel Number 042-011-06 (Poor Clares Housing Site);

(1) opened public hearing to take public testimony; and

(2) continued the public hearing to June 9, 2009 at 1:30 P.M. or thereafter
PL(Ca)SCo

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