Santa Cruz County Board of Supervisors Minutes: 5/22/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 14
Tuesday, May 22, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
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.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of May 10, 2007 through May 16, 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.   REJECTED the claim of Gary Peffley, Claim No. 607-096, and referred to County Counsel

11.   DELETED ITEM; with direction County Counsel raise the matter in Closed Session at a later date

12.   REJECTED the claim of Kim Elise Glasgow, Claim No. 607-090, and referred to County Counsel

13.   ADOPTED ORDINANCE NO. 4876 Amending Section 17.10.020 and Subdivision (a) of Section 17.10.030 and Adding Subdivision (g) to Section 17.10.030 of the Santa Cruz County Code Relating to Inclusionary Housing Fees for Rental Housing Projects
PSCoCab

14.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE F-10 Amending District Code Title 3 Article III Chapter 3.08 Sewer Service Charges

15.   SCHEDULED a public hearing on Tuesday, June 19, 2007, at 9:00 a.m. or thereafter for special consideration of the Planning Commission's decision regarding Application No. 04-0384, a proposal to increase the enrollment at the Salesian Sisters School, 605 Enos Lane in Corralitos, as recommended by the Clerk of the Board

16.   ACCEPTED AND FILED Volume II, Departmental Line Item Budget Detail for the 2007/2008 Proposed Budget, as recommended by the County Administrative Officer

17.   SEE ITEM NO. 57.2 REGULAR AGENDA

18.   DEFERRED report on the establishment of a Commission on the Environment until June 19, 2007, as recommended by the County Administrative Officer

19.   APPROVED agreement with Advantage Media in a not-to-exceed amount of $12,000 to produce training materials for election officer training classes and authorized the County Clerk to sign the agreement on behalf of the County, as recommended by the County Clerk

20.   ADOPTED RESOLUTION NO. 146-2007 authorizing the District Attorney to apply to the State Insurance Commissioner to use $99,887 of new funding in fiscal year 2006/2007 for the Worker's Compensation Insurance Fraud program, as recommended by the District Attorney

21.   ADOPTED RESOLUTION NO. 147-2007 authorizing the District Attorney to apply to the State Insurance Commissioner for $188,706 of funding for fiscal year 2006/2007 Automobile Insurance Fraud program, as recommended by the District Attorney

22.   AUTHORIZED the submission of a grant application to the Monterey Bay Unified Air Pollution Control for improvements to fleet operations and to expand alternative transportation methods, as recommended by the General Services Director

23.   ACCEPTED AND FILED Annual Report on the status of the private sector Living Wage program and adopted RESOLUTION NO. 148-2007 setting the living wage at $12.65 for those employees receiving benefits, and at $13.80 for those employees not receiving benefits, as recommended by the General Services Director

24.   APPROVED appointment of Jeanette Garcia to the CSAC - Excess Insurance Authority Board of Directors, as recommended by the Personnel Director

25.   APPROVED amendment to agreement with Renee, Sloan, Holtzman and Sakai, LLP; and authorized the Personnel Director to sign, as recommended by the Personnel Director

26.   ADOPTED RESOLUTION NO. 149-2007 opposing the Governor's 2007/2008 State Budget proposal to permanently eliminate the open space subvention program, and urging the Legislature to include subvention funding in the 2007/2008 State Budget, as recommended by Supervisor Pirie

27.   APPROVED appointment of Dr. Marcus Kwan to the Emergency Medical Care Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

28.   APPROVED appointment of Jo Ann Vear to the Pajaro Valley Public Cemetery District Board of Trustees for a term to expire December 31, 2009, as recommended by Supervisor Campos

29.   ADOPTED RESOLUTION NO. 150-2007 supporting the passage of Assembly Bill 92; ADOPTED RESOLUTION NO. 151-2007 supporting the passage of Assembly Bill 433; ADOPTED RESOLUTION NO. 152-2007 supporting the passage of Assembly Bill 1060; ADOPTED RESOLUTION NO. 153-2007 supporting the passage of Assembly Bill 1382; ADOPTED RESOLUTION NO. 154-2007 supporting the passage of Senate Bill 107; and ADOPTED RESOLUTION NO. 155-2007 supporting the passage of Senate Bill 120, as requested by the Go For Health! collaborative and as recommended by Supervisor Stone

30.   ACCEPTED notification of two at-large vacancies on the Workforce Investment Board, for representatives of business, with nominations for appointment to be received on June 5, 2007, and final appointments to be considered on June 12, 2007, as recommended by Chairperson Beautz

31.   ACCEPTED AND FILED the Juvenile Justice and Delinquency Prevention Commission's 2005/2006 inspection report of the Juvenile Hall; with an additional direction Probation staff return on June 26, 2007 with a report that responds to the suggestions and recommendations in the 2005/2006 inspection report

32.   ACCEPTED notification of an at-large vacancy on the Long Term Care Interagency Commission, for a representative of caregiver resources, with nominations for appointment to be received June 5, 2007, and final appointment to be considered June 12, 2007, as recommended by Chairperson Beautz

33.   APPROVED reappointment of Catherine Patterson Valdez to the In-Home Supportive Services Advisory Commission, as the representative of the Long Term Care Interagency Commission, for a term to expire April 1, 2011, as recommended by Chairperson Beautz

34.   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

35.   APPROVED lease agreement with the Mental Health Client Action Network and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

36.   AUTHORIZED payment of late invoice from Regents, University of California in the amount of $3,800 for fiscal year 2004/2005 software system technical assistance services, as recommended by the Health Services Agency Director

37.   ACCEPTED AND FILED report on implementation of the Emergency Management Council's Coordination Committee; and directed the Emergency Services Administrator and the Health Services Agency Director to report back on further work plan activities by November 6, 2007, as recommended by the Health Services Agency Director and the Emergency Services Administrator

38.   ADOPTED RESOLUTION NO. 156-2007 setting public hearing for June 12, 2007 on the proposed benefit assessments/service charges and the proposed 2007/2008 Assessment/Service Charge Reports for County Service Area No. 12, Wastewater Management; and directed the Clerk of the Board to publish the notice of public hearing in the manner prescribed by law, as recommended by the Health Services Agency Director

39.   APPROVED amendments to contracts with Santa Cruz Community Counseling Center in the amount of $107,308; Janus of Santa Cruz in the amount of $47,824; Pajaro Valley Prevention and Student Assistance in the amount of $26,346; Sobriety Works in the amount of $30,778; Camp Recovery Center decreasing the amount by $1,600; Youth Resource Bank in the amount of $6,400; and New Life Community Services in the amount of $13,728; and approved revenue agreements with the California Friday Night Live Partnership and the State Alcohol and Drug Program; and adopted RESOLUTION NO. 157-12007 accepting and appropriating $95,511 in unanticipated revenues; and approved related actions, as recommended by the Health Services Agency Director

40.   ADOPTED RESOLUTION NO. 158-2007 accepting and appropriating a total amount not-to-exceed $15,000 to the County Environmental Health budget index; approved Independent Contractor Agreement with 2nd Nature Consulting for implementation of Integrated Watershed Restoration Program monitoring; and authorized the Health Services Agency Director to sign on behalf of the County, as recommended by the Health Services Agency Director

40.1.   APPROVED agreement with Motorola in the amount of $21,555 for tactical mapping services and authorized the Health Services Agency Director to sign; and adopted RESOLUTION NO. 159-2007 accepting and appropriating $21,555 of unanticipated Ambulance Excess Revenue Trust Fund revenue into the Public Health budget, as recommended by the Health Services Agency Director

41.   ACCEPTED AND FILED report on the Living Wage Program for nonprofit agencies and directed the Human Resources Agency Director to return in May 2008 with an annual Living Wage Report, as recommended by the Human Resources Agency Director

42.   SCHEDULED a public hearing on Tuesday, June 12, 2007, on the morning agenda, at 9:00 a.m. or thereafter to consider financing of the Wheelock House; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

43.   SCHEDULED a public hearing on Tuesday, June 12, 2007, on the morning agenda, at 9:00 a.m. or thereafter to consider financing of 522 Capitola Road Extension (Gemma House); and directed the Clerk of the Board to take related action, as recommended by the Planning Director

44.   SEE ITEM NO. 57.1 REGULAR AGENDA

45.   APPROVED independent contractor agreement with Geosyntec Consultants, Incorporated for solid waste engineering consultant services at total cost not-to-exceed $350,000, and authorized the Director of Public Works to sign the independent contractor agreement on behalf of the County; approved Amendment to Agreement No. 33109 with Geosyntec Consultants, Incorporated for solid waste engineering and consultant services extending the term through December 31, 2007; and 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

46.   ACCEPTED AND FILED the Proposed 2007/2008 Capital Improvement Program document and directed Public Works to return on June 5, 2007, with the Proposed 2007/2008 Capital Improvement Program, as recommended by the Director of Public Works

47.   APPROVED Contract Change Order No. 2 in the amount of $7,500 for the 2006 Graham Hill Road Traffic Signal Improvement project; authorized the Chairperson of the Board to sign the change order on behalf of the County; directed the Clerk of the Board to return the signed change order to Public Works for further processing, as recommended by the Director of Public Works

48.   ADOPTED RESOLUTION NO. 160-2007 approving submission of a grant application to seek funding from the Assembly Bill (AB) 2766 grant program for a hybrid vehicle; designated the Director of Public Works to serve as the administrating agency for the application and authorized the Director to execute and submit all documents which may be necessary for the completion of the project, as recommended by the Director of Public Works

49.   APPROVED specifications and engineer's estimate for the 2007 County Service Area (CSA) Resurfacing project; authorized calling for bids; set the bid opening for 2:15 p.m. on June 14, 2007, in the Department of Public Works conference room; directed the Clerk of the Board to advertise Notice of Contractors for a ten day period beginning May 27, 2007; and directed Public Works to return on June 26, 2007, with a recommendation for award of contract, as recommended by the Director of Public Works

50.   ACCEPTED AND FILED report on County Service Area No. 7, Boulder Creek Force Main Replacement, as recommended by the Director of Public Works

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract with Linda A. Norwood, Relocation Consultant, in the amount of $50,000 for consulting services and approved related actions, as recommended by the Redevelopment Agency Administrator

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Case Name/No.: Big Creek Lumber Company, et al. v. County of Santa Cruz, California Supreme Court No. S123659; Sixth District Court of Appeal No. H023778; Santa Cruz County Superior Court Nos. 134816 and 137992

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street addresses:

APN: 030-153-10

Property Owner: Elizabeth L. Ashe c/o Mavis McFarlane

Proposed Buyer: County of Santa Cruz

Negotiating Party (not agent): Betsey Lynberg, Redevelopment Agency Director

APN: 026-261-16

Property Owner: Linda D. Fields, Trustee, et al.

APN: 026-261-17

Property Owner: Linda D. Fields, Co-Trustee, et al.

Proposed Buyer: County of Santa Cruz

Negotiating Party (not agent): Betsey Lynberg, Redevelopment Agency Director

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

53.   Presentation made by the Human Care Alliance

54.   Continued consideration of proposed change to the minimum parcel size for rezoning into Timber Production (TP) Zone District;

(1) considered additional public comments;

(2) selected a 40-acre limit as the proposed change to the minimum parcel size for properties electing to rezone to TP;

(3) directed staff to process TP applications under Government Code Section 51113(a)(2) on a case-by-case basis at this time, and to revisit the issue of developing specific criteria for considering such requests in the future, if needed;

(4) directed staff to process the appropriate ordinance changes through environmental review and the Planning Commission, and then return to the Board for final action;

(5) directed staff to process all TP applications filed by September 21, 2007, which are found complete by December 31, 2007 under the current 5-acre minimum parcel size; and

(6) directed staff to notify property owners
SCopcaB

55.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, CONTINUED public hearing to consider proposed ordinances amending District Code establishing water and sewer service charges;

(1) closed public hearing;

(2) approved "in concept" Ordinance No. 66 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 5, 2007 for final adoption;

(3) approved "in concept" revised Ordinance No. 67 Amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08160 through 3.08.180 Water Service Charges;

(4) set Tuesday, June 12, 2007, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report; and

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

56.   Public hearing held on the proposed Benefit Assessment/Rate Reports for Mosquito and Vector Control, County Service Area (CSA) No. 53;

(1) opened public hearing to hear objections or protests, if any, to the proposed 2007/08 benefit assessment/rate reports for North and South County Mosquito and Disease Control Assessments and Mosquito Abatement/Vector Control Assessment for County Service Area (CSA) No. 53;

(2) closed public hearing and adopted RESOLUTION NO. 161-2007 confirming the benefit assessment/rate reports for CSA No. 53 for fiscal year 2007/08
CaPCoSB

57.   APPROVED appointment of Eloise Graham to the Housing Authority Board of Commissioners, as an at-large representative, pursuant to Resolution No. 389-69, for a term expire May 15, 2011
PCaCoSB

57.1.   ADOPTED RESOLUTION NO. 162-2007 authorizing the installation of four road bumps on 38th Avenue in the Live Oak area; and directed Public Works to return to the Board on or before August 14, 2007, with its recommended revisions to the Road Bump Policy
PSCoCaB

57.2.   APPROVED the schedule for the 2007/2008 Budget Hearings, as recommended by the County Administrative Officer
SCoPCaB

58.   Presentation made on Emergency Medical Services Week and recognizing the efforts of EMS providers

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS