Santa Cruz County Board of Supervisors Minutes: 6/19/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 17
Tuesday, June 19, 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.		DELETED from the Consent Agenda: Item No. 17 ADDED to the Closed Session Agenda: Item No. 47: It is requested that the Board of Supervisors determine by a two-thirds vote of its member's present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: The County Counsel's Office was made aware on Monday, June 18, 2007, of the need of the Board of Supervisors to immediately confer with counsel regarding the matters of Regents of the University of California v. County of Santa Cruz, et al, Santa Cruz County Superior Court Case No. CV 155571; and City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV 156366 It is therefore recommended that the Board accept this item for consideration on your Executive Session agenda under the criteria specified above.
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - two people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 5, 2007, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 7, 2007 through June 13, 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 William Bahn, Claim No. 607-100, and referred to County Counsel

11.   APPROVED contract modification with Print N Mail It, Incorporated to increase the contract by $2,500, as recommended by the Director of Child Support Services

12.   APPROVED realignment of funds within the Child Support budget, as recommended by the Director of Child Support Services

13.   ADOPTED RESOLUTION NO. 191-2007 accepting and appropriating unanticipated revenue in the amount of $15,000 into the Grand Jury Budget, as recommended by the County Administrative Officer

14.   ACCEPTED AND FILED report on the creation of a Commission on the Environment; referred report to the Energy Commission for their consideration and comments on the expansion of the membership and responsibilities of the Energy Commission; and approved related actions including a report back on or before August 28, 2007 with final recommendations on the creation of a Commission on the Environment and a proposed ordinance for implementation, as recommended by the County Administrative Officer

15.   APPROVED recommended changes to the County Procedures Manual and approved related actions, as recommended by the County Administrative Officer

16.   APPROVED amendment to the Agreement with Senior Citizens Legal Services increasing the contract amount for mobile home park residents legal services and hourly rate, and authorized County Counsel to execute the amendment, as recommended by the County Counsel
(P)CoCaSB Supervisor Pirie abstained because her husband is employed by Senior Citizens Legal Services

17.   DELETED ITEM

18.   APPROVED amendment to agreement with Technical Roof Services, Incorporated to increase the contract by $8,160 for a total not-to-exceed amount of $108,727 for consulting and design services for roof replacement at 1060 Emeline, and the exterior wall sealants at the Government Center, the Medium Security facility and the Main Jail and approved related actions, as recommended by the General Services Director

19.   APPROVED plans and specifications for Animal Services Facility Demolition, Abatement and Grading project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on July 17, 2007, in the General Services Department, as recommended by the General Services Director

20.   APPROVED State of California Standard Agreement encumbering $5,740 from funds available in Correctional Schools and adopted RESOLUTION NO. 192-2007 authorizing the Chief Probation Officer to execute Standard Agreement with the State of California Department of Corrections and Rehabilitation for Diagnostic and Treatment Services for fiscal year 2006/2007, as recommended by the Chief Probation Officer

21.   APPROVED contract amendment with Pajaro Valley Prevention and Student Assistance to increase contract compensation by $10,000 to an amount not-to-exceed $44,500 and authorized the Chief Probation Officer to sign amendment on behalf of the County of Santa Cruz, as recommended by the Chief Probation Officer

22.   APPROVED payment to Bay City Tow in the amount of $2,800 for the Abandoned Vehicle Program to pay for eight extraordinary tows, as recommended by the Sheriff-Coroner

23.   AUTHORIZED the Sheriff-Coroner to apply for an Edward Byrne Memorial Justice Assistance Grant and enter into an inter-local agreement with the City of Santa Cruz; adopted RESOLUTION NO. 193-2007 accepting and appropriating $34,605 in unanticipated revenue; and approved purchase of storage locker, a refrigerator unit and safety equipment, as recommended by the Sheriff-Coroner

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

25.   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

26.   AUTHORIZED the Health Services Agency to submit a grant application to the Monterey Bay Unified Air Pollution Control District for the Bike to School Expansion and Classroom Tracking Phase 2 Project in the amount of $75,360, as recommended by the Health Services Agency Director

27.   DIRECTED the Health Services Agency to continue efforts to address the financial status of Elderday Adult Day Health Program and return with a further update by September 11, 2007, as recommended by the Health Services Agency Director

28.   ACCEPTED AND FILED report on the Public Guardian audit, as recommended by the Health Services Agency Director

29.   ACCEPTED AND FILED report on Medicare Payment Localities (Locality 99); directed the Health Services Agency to contact other County Health Directors, urging their support of HR2484 and encouraging their representatives to be co-authors; and directed the Health Services Agency to return with an update on September 18, 2007, as recommended by the Health Services Agency Director

30.   AUTHORIZED the Health Services Agency to submit grant application to the U.S. Environmental Protection Agency for the lead poisoning Capillary Testing Project in the amount of $94,000, as recommended by the Health Services Agency Director

31.   APPROVED agreements with UC Davis for a total sum of $286,110 for staff development training in fiscal year 2007/2008, and authorized the Human Resources Agency Director to sign the agreements, contingent upon the Board's approval of the proposed Human Resources Agency fiscal year 2007/2008 budget, as recommended by the Human Resources Agency Director

32.   ADOPTED RESOLUTION NO. 194-2007 authorizing the Multipurpose Senior Services Program for July 1, 2007 through June 30, 2008; authorized the Human Resources Agency Director to execute contract with the California Department of Aging in the amount of $857,000 for fiscal year 2007/2008, on behalf of the County; and approved Independent Contractor Agreements with the selected service providers and authorized the Human Resources Agency Director to sign these agreements on behalf of the County, contingent upon the Board's approval of the Human Resources Agency fiscal year 2007/2008 budget, as recommended by the Human Resources Agency Director

33.   SCHEDULED a public hearing on Tuesday, August 7, 2007, on the morning agenda at 9:00 a.m. or thereafter, to consider final action on Minor Land Division and Coastal Permit Application Number 06-0452 (McGregor Affordable Housing and Park Sites), and approved related action, as recommended by the Planning Director

34.   AUTHORIZED the Planning Director to sign a contract with Bay City Tow, in the amount of $28,830 for the abatement of a neglected property located at 1251 Eureka Canyon Road, Watsonville, and to take necessary actions to recover these costs from the property owner, as recommended by the Planning Director

35.   AUTHORIZED transfer of funds within Buildings and Improvements from the Buena Vista Landfill Expansion Reserve in the amount of $200,000 and Capital Replacement Reserves in the amount of $500,000 to the Buena Vista Landfill Entrance Facility Improvements project; accepted the low bid of Granite Construction Company for construction of the Buena Vista Landfill Recycle Center in the amount of $1,758,762 and authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County of Santa Cruz, as recommended by the Director of Public Works
PCo(Ca)SB Supervisor Campos abstained because he owns stock in Granite Construction

36.   APPROVED amendment to agreement with California Grey Bears for operation of the drop-off recycling facilities at the Buena Vista Landfill for a not-to-exceed increase of $47,500 for fiscal years 2006/2007 and 2007/2008, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

37.   APPROVED Program Supplement Agreement for $1,887,000 in revenue for funding of three completed storm damage repair sites, two on Bear Creek Road and one on Soquel San Jose Road; adopted RESOLUTION NO. 195-2007 authorizing the Director of Public Works to sign the original and duplicate original of the Program Supplement on behalf of the County; and approved related actions, as recommended by the Director of Public Works

38.   AUTHORIZED payment in the amount of $52,298.46 to Waste Management of Santa Cruz County for franchise refuse, recycling and yard waste collection service aggregate fee payments for the months of May and June 2006, as recommended by the Director of Public Works

39.   APPROVED amendment to agreement with SCS Field Services increasing the amount by $13,300 for landfill gas management services, and authorized the Director of Public Works to sign the amendment to agreement, as recommended by the Director of Public Works

40.   APPROVED 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 additional directions to correct an error in the List of Road Closures, on number 17, Beach Drive, time should be 10:00 p.m. to midnight; and to deliver and set up barricades

41.   APPROVED amendment to agreement with 21st Century Environmental Management, Incorporated for household hazardous waste transportation, recycling and disposal services completed in 2006/2007 fiscal year by increasing the contract by $40,000 for a revised total not-to-exceed $230,000 and authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

42.   ACCEPTED AND FILED report on implementation of the commercial vehicle and recreational vehicle parking ordinance, as recommended by the Director of Public Works

43.   SEE ITEM NO. 54.1 REGULAR AGENDA

44.   APPROVED 2007 State Fair display, as presented by AgriCulture, as recommended by the Director of Parks, Open Space and Cultural Services

45.   CONTINUED TO JUNE 26, 2007 consideration to approve extension of lease of the Santa Cruz County Watsonville Veterans Memorial Building

46.   ADOPTED RESOLUTION NO. 196-2007 scheduling a public hearing on Tuesday, August 7, 2007 on the morning agenda, at 9:00 a.m. or thereafter on the benefit assessment/service charge report for County Service Area 9E, Streetscape Maintenance, and directed the Clerk of the Board to take related action, as recommended by the Redevelopment Agency Administrator

47.   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.: P.A. Wilson v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 149371; First Commercial Finance v. County of Santa Cruz, Supervisor Court Case No. CV 151195 (Petition for Relief from Claims Presentation Requirement) and related Appellate Court appeal; and First Commercial Finance v. County of Santa Cruz, Superior Court Case No. CV 151443

Claim Name/No.: In re Vincent M., a Person Coming Under the Juvenile Court Law; Santa Cruz County Human Resources Agency v. Paz M., et al., Sixth Appellate District Case No. H030258; Santa Cruz Superior Court Case No. DP001021

Case Name/No.: Kenneth Wunderlich, Jeanette Engelhart v. County of Santa Cruz, Santa Cruz County Assessor, and DOES 1-10, Santa Cruz Superior Court Case No. CV 154719

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

Claim Name/No.: Monica Winter v. County of Santa Cruz; Claim No. 2001084025

ACCEPTED request of the County Counsel and added late item to the Executive Session Agenda that the Board of Supervisors determine by a two-thirds vote of its member's present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: The County Counsel's Office was made aware on Monday, June 18, 2007, of the need of the Board of Supervisors to immediately confer with counsel regarding the matters of Regents of the University of California v. County of Santa Cruz, et al, Santa Cruz County Superior Court Case No. CV 155571; and City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV 156366

SPCoCaB

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organizations: General Representation Unit - Service Employees International Union Local No. 521; District Attorney Inspector Association; Middle Management Association

REPORT OF COUNTY COUNSEL - The Board of Supervisors, with Supervisor Stone being absent, voted to allow an appeal to the California Supreme Court of the matter In re Vicent M., Santa Cruz County Superior Court Case No. DP001021; Sixth District Court of Appeal Case No. H030258;

The Board of Supervisors, with Supervisor Stone being absent, voted three to one, to authorize the Office of the County Counsel to appeal to the Sixth District Court of Appeals in the matter of Kenneth Wunderlich, et al v. County of Santa Cruz, Santa Cruz County Assessor, Santa Cruz Superior Court No. CV 154719

REGULAR AGENDA

48.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5 to convene and carry out a regularly scheduled meeting

49.   Public hearing held under Special Consideration by the Board of Supervisors, to consider the Planning Commission's approval of application No. 04-0384 (a proposal to increase enrollment at the Salesian Sisters School);

closed public hearing;

based on the findings (Attachment 3) and subject to the Conditions (Attachment 4), the Board, took the following actions:

(1) certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act (Attachment 2); and

(2) approved Commercial Development Permit No. 04-0384 with revised conditions (Attachment 4)
PSCoCaB

50.   Public hearing held on the proposed annexation No. 01-2007, Madeline Drive and County Service Area (CSA) No. 9A assessment;

(1) opened public hearing, to hear objections or protests, to the proposed annexation No. 01-2007, Madeline Drive;

(2) closed public hearing on the proposed annexation and adopted RESOLUTION NO. 197-2007 annexation No. 01-2007, Madeline Drive, to CSA NO. 9A, Residential Lighting;

(3) opened public hearing, to hear objections or protests, to the proposed benefit assessment rates for CSA 9A, Residential Lighting for annexation No. 01-2007, Madeline Drive;

(4) requested submittal of ballots on the proposed assessments; and

(5) closed the public testimony portion of the hearing on assessment rates and directed the Department of Public Works to tabulate the assessment ballots and return to the Board with the vote results and certification of the vote on or before August 7, 2007
PCaCoSB

51.   APPROVED appointment of James M. Quist and David Hood to the Workforce Investment Board, as at-large representatives of business, in accordance with County Code Section 2.110.020, for terms to expire June 30, 2008
PCaCoSB

52.   APPROVED appointment of William Tysseling to the Workforce Investment Board, as an at-large representative of business, in accordance with County Code Section 2.110.020, for a term to expire June 30, 2010
CoCaPSB

53.   APPROVED appointment of Dan Quinto to the Emergency Medical Care Commission, as an at-large representative of field care providers, in accordance with County Code Section 2.52.030, for a term to expire April 1, 2011
SPCoCaB

54.   Study Session held to consider recommendations for simplifying the County's land use regulations, focusing on small-scale residential structures;

(1) conducted a Study Session on the concepts proposed, including receiving initial public testimony;

(2) directed staff to schedule this item for further consideration by the Board on August 14, 2007; with the added direction on page 556, of Attachment 1, Summary of Proposed Amendments, under Accessory Structures, (1) "Lower the level of discretionary review required for habitable and non-habitable accessory structures exceeding the specified size, story or height limits", Proposed Solution: the Board approved a Level IV review
CoPCa/S/B

54.1.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED independent contractor agreement with Fall Creek Engineering for design of the Davenport water treatment plant upgrade in an amount not-to-exceed $96,180; and authorized the District Engineer to sign the contract on behalf of the District, as recommended by the District Engineer
CoPCa/S/B

55.   CONSIDERED report on regulations regarding cell tower locations;

accepted and filed report on Cell Tower Regulatory Context; and requested staff return with the following information and reports:

(1) County Counsel return on June 26, 2007 with a report on the information accumulated by the City of Santa Cruz on issues of changing the County's ordinance to include setback restrictions on school properties;

(2) Planning staff report back on September 18, 2007 on the 90 day compliance reports, which reports we have and what we can do to get them; addresses, cross-street and business names for the location of towers; the issue of multiple tower co-location restricting; restricting cell towers within the edge of residential zone; and new smaller unit technology with lower frequency transmission
PCaCo/S/B

56.   Continued Public Hearing held on the Proposed 2007/2008 County Budget;

four people addressed the Board

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS