Santa Cruz County Board of Supervisors Minutes: 8/28/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 23
Tuesday, August 28, 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.		Additions to Consent Agenda: Item No. 38.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - seven people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED revised minutes of August 14, 2007, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 16, 2007 through August 22, 2007 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 claim of Clive Frank Boustred, Claim No. 708-005, as insufficiently filed, and referred to County Counsel

11.   ADOPTED RESOLUTION NO. 251-2007 fixing and levying the 2007-2008 tax rates pursuant to the State Constitution, as recommended by the Auditor-Controller

12.   ACCEPTED AND FILED Treasurer's Quarterly Cash Count as of June 30, 2007, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED report on Audits of Nonprofit Organizations Contracting with the County, as recommended by the Auditor-Controller

14.   AUTHORIZED the Auditor-Controller to issue refunds of Bostwick Lane Assessment District Fees to ten (10) property owners, as recommended by the Auditor-Controller

15.   SCHEDULED a public hearing on Tuesday, September 25, 2007, on the morning agenda, at 9:00 a.m. or thereafter to consider allocation of State Supplemental Law Enforcement Funds (SLESF), as recommended by the County Administrative Officer

16.   ACCEPTED AND FILED updated report on the California Child Support Automation System Implementation, as recommended by the Interim Director of Child Support

17.   ADOPTED RESOLUTION NO. 252-2007 naming Authorized Agents and authorized the Emergency Services Administrator to submit application materials for the 2007 Homeland Security Grant Program, as recommended by the Emergency Services Administrator and the Director of General Services

18.   APPROVED response to the 2006 Juvenile Justice and Delinquency Prevention Commission Inspection of the Santa Cruz County Juvenile Hall, as recommended by the Chief Probation Officer

19.   APPROVED the contract with the Walnut Avenue Women's Center for Girls Advocate services in the amount of $67,000 and authorized the Chief Probation Officer to execute the contract, as recommended by the Chief Probation Officer

20.   APPROVED appointment of James Nee to the Arts Commission for a term to expire April 1, 2009, as recommended by Supervisor Beautz

21.   ACCEPTED nomination of John Beleutz for appointment to the Long Term Care Interagency Commission, as an at-large representative of caregiver resources, for a term to expire April 1, 2008, with final appointment to be considered on September 11, 2007, as recommended by Supervisor Stone

22.   APPROVED appointment of Don Dietrich to the Housing Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

23.   ACCEPTED AND FILED report on Proposition 63, the Mental Health Services Act (MHSA); and approved the addition of 1.0 FTE Senior Behavioral Health Manager and approved related actions, as recommended by the Health Services Agency Director

24.   ADOPTED RESOLUTION NO. 253-2007 authorizing the Health Services Agency to submit a grant proposal for the Coastal Impact Assistance Program; and approved related actions, as recommended by the Health Services Agency Director

25.   AUTHORIZED the Auditor-Controller to make Mental Health contract advance payments for the months of September and October 2007, as recommended by the Health Services Agency Director

25.1.   APPROVED agreement with United Way in the maximum amount of $180,000 per year for Health Improvement Partnership and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

26.   ACCEPTED AND FILED the 2006 Santa Cruz County Business Retention and Expansion Survey Project document; and authorized the Human Resources Agency Workforce Investment Board to seek grant funding needed to initiate planning activities in follow up to the Business Retention and Expansion Survey Recommendations; and return to the Board upon identification of funding to convene the community planning process, as recommended by the Human Resources Agency Director

27.   APPROVED the Fiscal Year 2007-2008 amendments to seven (7) Community Programs contracts, including the COLA, partial restoration of funding and funding increases approved in the Fiscal Year 2007-2008 budget, as follows: Community Action Board for a total annual amount of $228,029; Court Appointed Special Advocates (CASA) for a total annual amount of $95,506; Homeless Services Center for a total annual amount of $94,619; Mountain Community Resource Center for a total annual amount of $236,861; Santa Cruz Women's Health Center for a total annual amount of $45,805; Senior Council of Santa Cruz and San Benito Counties for a total annual amount of $111,112; and Survivors Healing Center for a total annual amount of $10,208; and authorized the Human Resources Agency Director to sign the seven (7) Fiscal Year 2007-2008 Community Programs contract amendments referenced above, as recommended by the Human Resources Agency Director

28.   APPROVED the agreements for Fiscal Year 2007-2008 with Cabrillo College; the Options For Recovery (OFR) program in the amount of $124,022 for specialized recruitment and training for foster and kin caregivers; the Specialized Training for Adoptive Parents (STAP) program in the amount of $167,466 for specialized training and support to current and pre-adoptive caregivers of children; approved the following agreements for Fiscal Year 2007-2008 with the various community agencies: Youth Resources Bank in the amount of $78,030 for reunification services; Santa Cruz Community Counseling Center for $148,066 for a variety of services to current and former foster youth; and a multiyear agreement with the Santa Cruz Community Counseling Center for Fiscal Year 2007-2008 for $49,950 for Fiscal Year 2008-2009 for $49,950 and for the first quarter of Fiscal Year 2009-2010 for $12,488 for the Primeros Pasos program for early intervention and prevention services serving children and families, as recommended by the Human Resources Agency Director

29.   AUTHORIZED the Human Resources Agency Director to sign a contract with the American Public Human Service Association in the amount of $55,000 for technical assistance and staff development services, as recommended by the Human Resources Agency Director

30.   SCHEDULED a public hearing on Tuesday, September 25, 2007 on the morning agenda, at 9:00 a.m. or thereafter to consider the 2008 Growth Goal, as recommended by the Planning Director

31.   DEFERRED report on workforce housing issues until November 6, 2007, as recommended by the Planning Director

32.   APPROVED road closures for the Thirteenth Annual Monte Foundation Fireworks Show scheduled to be held on October 13, 2007; and directed the Public Works Department to issue the road closure permit, as recommended by the Director of Public Works

33.   ACCEPTED AND FILED report on the Bear Creek Road Bridge Emergency Erosion Control Project; directed Public Works to return to the Board on or before September 25, 2007, with a recommendation for approval of an independent contractor agreement with Cazador Engineering, Incorporated for the work performed on the Bear Creek Road Bridge Emergency Erosion Control Project, as recommended by the Director of Public Works

34.   SEE ITEM NO. 48.1 REGULAR AGENDA

35.   APPROVED amendment to the 2007/2008 Road Budget to include Swanton Road as an additional Storm Damage Project and reclassifying Swanton Road as an Operations/Maintenance storm repair project; approved an operating transfer-out in the amount of $95,140 from the $1,000,000 General Fund Plant Acquisition Index 191900 for the contribution for Emergency Repairs from the Capital Projects Fund to the Road Fund; approve independent contractor agreements with Quincy Engineering, Incorporated, in the annual not-to-exceed amount of $100,000 and Stantec Consulting, Incorporated, in the annual not-to-exceed amount of $100,000 for engineering design services for a period of up to three years, and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

36.   APPROVED agreement with Timothy Rose in the amount not-to-exceed $52,100 for public art work at the Watsonville Courthouse; authorized the Parks Director to sign the contract and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

37.   SEE ITEM NO. 48.2 REGULAR AGENDA

38.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED a public hearing on Tuesday, September 25, 2007 on the morning agenda, at 9:00 a.m. or thereafter to consider the Affordable Housing Preservation Program, as recommended by the Planning Director

38.1.   ACCEPTED AND FILED report on Public Health Emergency Preparedness and Response Program 2007-2008 carryover grant funds; approved allocation of $150,000 for hospital grant activities; $90,000 for pandemic planning and training activities; and $18,500 for related fixed assets, and approved related actions, as recommended by the Health Services Agency Director

39.   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.: In the Matter of the Application of California-American Water Company (U-210-W), for Authority Pursuant to Public Utilities Code Section 454 to Restructure and Consolidate its Rates for its Monterey and Felton Districts

California Public Utilities Commission Application No. A.04-08-012

Claim Name/No.: In the Matter of the Application of California-American Water Company (U-210-W), for Authority Pursuant to Public Utilities Code Section 454 to Restructure and Consolidate its Rates for its Sacramento and Larkfield Districts

California Public Utilities Commission Application No. A.04-08-013

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organizations: General Representation Unit - Service Employees International Union Local 521; Middle Management Association

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property Street Addresses:

0 Porter Street (next to grange), Soquel, California

APN: 030-153-10

Property Owner: Elizabeth Ashe

Negotiating Party for Property Owner: Steve Allen

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

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

40.   AUTHORIZED Supervisor Coonerty to sign the Global Climate Change Solutions Resolution on behalf of the County at a date to be determined in September 2007
PSCoCaB

41.   Continued consideration of proposed regulatory changes for small-scale residential structures;

(1) approved the concepts described in the letter of the Planning Director of August 16, 2007 for small-scale residential regulatory reform (illustrated in Attachment 2);

(2) directed staff to develop ordinance amendments to implement the modifications recommended in the report for review and comment by the Planning Commission and the Board of Supervisors as part of formal public hearings; with an additional direction that, in the rural area, non habitable accessory structures on lots less than one acre in size exceeding 1000 square feet in size or on lots one acre or greater exceeding 1500 square feet in size be processed at Level IV;

(3) directed staff to coordinate with other reviewing departments and agencies to simplify the building permit review process for small-scale residential projects, with the goal of eliminating outside agency reviews of these structures, with a further report on this item to be provided at the time of the public hearing on the proposed ordinance amendments; with additional direction staff include enhanced processing guidelines for Level IV approvals

(4) directed the County Administrative Officer and the Planning Director to address the issue of staff and associated financing for the inspection/code enforcement aspect of this program as part of the fiscal year 2008-09 Budget proposal; with an additional direction to include a report on non-general fund options to finance code compliance aspects of the program; and

(5) with additional direction staff report back within one year of the effective date of the ordinance amendments on permit activity for residential accessory structures and second units, by planning area
CaCoPSB with Supervisor Beautz voting "no" only on Numbers 3 and 5 of the Current Regulations for second units (Attachment 2, page 485)

42.   CONSIDERED report on the eradication and control efforts related to the Light Brown Apple Moth;

(1) accepted and filed report; with an additional direction that the Chair of the Board of Supervisors write a letter to the California Department of Food and Agriculture (CDFA) and the United States Department of Agriculture (USDA) objecting to the requirement that growers apply a broad spectrum of pesticides for the Light Brown Apple Moth and asking that they work with the technical working group formed by the USDA and communicate with local growers concerning alternatives; and before any aerial spraying, even of pheromones, that they inform the Board and have a forum to address public concerns
SCaPCoB

43.   CONSIDERED the Engineer's Report for County Service Area (CSA) No. 48, County Fire and the associated resolution of intention to authorize and Levy an Increased Assessment for Fire Protection Services within CSA No. 48, notices of public hearing, ballot procedures, and sample ballot for the proposed increased assessment; and setting November 6, 2007 at 9:00 a.m. or thereafter as the date and time for the public hearing;

(1) accepted and approved the Engineer's Report for County Service Area (CSA) No. 48, County Fire (Attachment 1);

(2) ADOPTED RESOLUTION NO. 254-2007 Resolution of Intention to Authorize and Levy an Increased Assessment for Fire Protection Services within CSA No. 48, County Fire (Attachment 2);

(3) approved the notice of public hearing, ballot procedures, and sample ballot for the proposed increased 2008/2009 assessment for CSA No. 48, County Fire (attachments 3,4 and 5);

(4) set Tuesday, October 23, 2007 at 9:00 a.m. or thereafter as the date and time for the public hearing on the proposed increased assessment rate for CSA No. 48, and directed the Clerk of the Board to publish a summary notice of the public hearing 45 days prior to the hearing, and again once a week for two weeks prior to the hearing in a newspaper of general circulation; and

(5) directed the Office of Emergency Services to mail ballots to the record owners of properties subject to the proposed assessments within CSA No. 48, County Fire;

(6) with additional direction on agenda packet page 545, change the term of "paramedic" to "emergency medical technician"
PSCoCaB

44.   CONSIDERED report on the proposed 2007-2008 Plant Acquisition Budget and the projects recommended to be financed through the General Fund;

(1) approved the Plant Acquisition projects and directed the County Administrative Officer to schedule the Plant Acquisition Budget at an earlier time during the 2008-2009 Budget Hearings;

(2) with an additional direction that staff return on September 18, 2007 with detailed information on the cost of the following projects: (a) fire alarm design; (b) sewer backflow prevention control; (c) warehouse roof repair; and (d) repair of building front steps
PCaCoSB

45.   CONSIDERED adopting a resolution accepting the transfer of the public access easement known as Rockview Drive;

(1) ADOPTED RESOLUTION NO. 255-2007 (Attachment 3) accepting the transfer of the Rockview Drive public access easement, described on Attachment 4;

(2) authorized the Director of Parks, Open Space and Cultural Services to execute the transfer documents and record the transfer; and

(3) authorized the Director of County parks to execute an agreement with the Coastal Conservancy for the funding for the maintenance of the Rockview public access easement;

(4) with an additional direction to correct any error on Attachment 4, Exhibit E, in the words "Map Book"
PCo/CA/SB

46.   CONSIDERED Ordinance repealing Chapter 2.54 of the Santa Cruz County Code and enacting a new Chapter 2.54 establishing the Commission on the Environment;

(1) approved "in concept" ordinance repealing Chapter 2.54 of the Santa Cruz County Code and enacting a new Chapter 2.54 establishing the Commission on the Environment to return on September 11, 2007 for final adoption;

(2) reappointed existing members of the Energy commission to the new Commission on the Environment, with terms to coincide with their current appointment terms; and

(3) directed the Clerk of the Board to post notification of vacancies for the five new positions;

(4) with additional direction to make the following changes to the ordinance, Section 2.54.020, Membership: (a) in the first sentence, add a period after the word "county"; (b) in the second sentence, strikeout the clause that reads: "who shall reside within that supervisorial district"
PCoCaSB

47.   APPROVED reappointment of Robin Towse and Eric Herrick to the Assessment Appeals Board, as at-large regular members, and reappointment of Lee Slaff as the alternate member, for terms to expire September 3, 2010
PSCoCaB

48.   APPROVED appointment of Barri Boone to the In-Home Supportive Services Advisory Commission, as an at-large representative of independent providers, for a term to expire April 1, 2011
PCoCaSB

48.1.   ACCEPTED AND FILED the roadside vegetation management report; directed Public Works to coordinate with the California Native Plant Society and URS Corporation to refine its work plan for controlling roadside vegetation and targeted invasive weed species; directed Public Works to report back on or before November 20, 2007, with a work plan as well as a progress report following the third year of the spraying moratorium; with an additional direction to include in the report back an analysis of what has been happening with all the different fire agencies regarding fire protection
PCoCaSB

48.2.   APPROVED the proposed conceptual plan for the renovation of Floral Park and approved related action, as recommended by the Redevelopment Agency Administrator and Director of Parks, Open Space and Cultural Services
PCoCaSB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS