Santa Cruz County Board of Supervisors Minutes: 12/11/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 35
Tuesday, December 11, 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 No. 51.1 DELETED from the Closed Litigation Session, Item No. 52: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Butler, Dennis, on behalf of himself and all those similalry situated v. Santa Cruz County, et al - U.S. District Court, Northern District of California, San Jose Division, Case Number C0-700941 JF
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three 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 November 29, 2007 through December 5, 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 claim of Corralitos Builders, Inc., Claim Number 708-026, and referred to County Counsel

11.   REJECTED claim of Cynthia J. Moulton, Claim Number 708-027, and referred to County Counsel

12.   REJECTED claim of Benjamin Mora-Gomez (father), Maria Verar-Gudino (mother), Martha Berenice Calderon-Velez (wife), Edgar, Juan, Christopher Mora-Calderon (children), Claim Number 708-030, and referred to County Counsel

13.   REJECTED claim of Hanh Tran, Claim Number 708-031, and referred to County Counsel

14.   ADOPTED RESOLUTION NO. 346-2007 accepting and appropriating unanticipated revenue in the amount of $5,616; adopted RESOLUTION NO. 347-2007 accepting and appropriating unanticipated revenue in the amount of $5,100 and approved purchase of computer equipment, as recommended by the Agricultural Commissioner

15.   ADOPTED RESOLUTION NO. 348-2007 to establish a .31% per annum simple interest rate on tenant's rental security deposits effective January 1, 2008; requested the District Attorney's Consumer Affairs Division to include this information in the materials distributed by their office; and directed County Administrative Office to return February 12, 2008 with any recommendations to amend Chapter 8.42 of the County Code, as recommended by the County Administrative Officer

16.   APPROVED various exhibits to the Agreement of Purchase/Sale and Escrow Instructions for the Watsonville Superior Court that was approved on August 24, 2004; approved lease agreement for office space for the District Attorney at the Watsonville Civic Plaza; approved Amendments Number (2), (3), and (4) to the Program Management Agreement with Griffin Structures, Inc.; adopted RESOLUTION NO. 349-2007 accepting and appropriating unanticipated revenue in the amount of $151,007 and approved related actions, as recommended by the County Administrative Officer

17.   ACCEPTED AND FILED report on the Community Development Block Grant (CDBG) program and directed the County Administrative Office and the Clerk of the Board to schedule and notice a public hearing upon release of the CDBG notice of funding, as recommended by the County Administrative Officer

18.   APPROVED amendment, in the amount of $15,167, to the agreement between the County of Santa Cruz and Teall Messer, Architect; authorized the County Administrative Officer to sign amended agreement; adopted RESOLUTION NO. 350-2007 accepting and appropriating $15,167 to the County's Plant Acquisition Budget Index for the Animal Services facility project, as recommended by the County Administrative Officer

19.   ACCEPTED AND FILED report on Voting System Deployment for the 2008 elections; approved purchase of modular office equipment in the amount of $6,000 and requested transfer of budget appropriations; approved contract, in the amount of $12,000, with Advantage Media to produce DVDs for the training of election officials and authorized County Clerk to sign; requested County Clerk to return on January 8, 2008 with a revised lease agreement for warehouse space, as recommended by the County Clerk

20.   APPROVED agreement, in the amount of $84,170, with the City of Watsonville for reimbursement of expenditures related to the Santa Cruz Auto Theft Reduction task Force; authorized the District Attorney to sign; directed the Auditor-Controller to reimburse the City of Watsonville for expenditures incurred per the agreement and establish necessary accounting entries to facilitate payment of claims, as recommended by the District Attorney

21.   APPROVED purchase of smog testing machine and authorized the transfer of appropriations in the amount of $4,000 to cover purchase of machine, as recommended by the Director of General Services

22.   AWARDED a contract in an amount not-to-exceed $20,000 for development of an Integrated Pest Management Program and on-call treatment service at County Facilities, and approved related actions, as recommended by the Director of General Services

23.   DECLARED used County equipment to be surplus and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

24.   ADOPTED RESOLUTION NO. 351-2007 naming the County Administrator and General Services Director as Authorized Officials for Governor's Office of Emergency Services Grant Programs, as recommended by the Director of General Services

25.   APPROVED agreement with the City of Watsonville, in the amount of $22,220, to provide the Alarm Tracking System and authorized the Information Services Director to sign, as recommended by the Director of Information Services

26.   CONVEYED the County's support for the Library Legislative Program for 2008 to the County's state and federal representatives, as recommended by Supervisors Beautz and Stone

27.   ACCEPTED nomination of Mark Treanor and Jeri Gilbert for appointment to the Workforce Investment Board, as at-large representatives of business, for terms to expire June 30, 2008, and June 30, 2010, respectively, with final appointment to be considered on January 8, 2008, as recommended by Supervisor Campos

28.   ENDORSED the High-Speed Rail Pacheco Pass Alignment option found in the Bay Area to Central Valley HST Program Draft EIR/EIS, including a commitment to the protection of Soap Lake (aka San Felipe Lake), and directed the Chairperson to write a letter to the California High-Speed Rail Authority expressing the Board's support and endorsement, as recommended by Supervisor Campos

29.   ACCEPTED AND FILED report on needs assessment of Parolee Re-entry Services Planning Grant, as recommended by the Director of the Health Services Agency

30.   ADOPTED RESOLUTION NO. 352-2007 accepting and appropriating unanticipated revenue in the amount of $1,959,387 into the Health Services Agency Mental Health budget; approved addition of 1.0 FTE Community Mental Health Aide; and approved related actions; directed the Health Services Agency to report back by April 2008 with an updated report on Proposition 63, Mental Health Services Act (MHSA), as recommended by the Director of the Health Services Agency

31.   ADOPTED RESOLUTION NO. 353-2007 authorizing a clean needle and syringe exchange project to combat the spread of HIV and blood-borne hepatitis infections, as recommended by the Director of the Health Services Agency

32.   APPROVED 2007-2008 Proposition Plan and Offender Treatment Program Application; authorized the Health Services Agency to submit the plan and application; and adopted RESOLUTION NO. 354-2007 accepting and appropriating $67,924 of unanticipated Proposition 36 revenue into the Alcohol and Drug Program budget, as recommended by the Director of the Health Services Agency

33.   APPROVED agreement with Pajaro Valley Prevention and Student Assistance (PVPSA) for mental health services, Contract 3106, with a maximum amount of $1,001,920 and authorized the Health Services Agency Director to sign, as recommended by the Director of the Health Services Agency

34.   APPROVED amendments to the agreements with Dominican Hospital for mental health inpatient services extending the term to June 30, 2010 and authorized the Health Services Agency Director to sign, as recommended by the Director of the Health Services Agency

35.   DIRECTED the Health Services Agency to report back to the Board of Supervisors on January 15, 2008, with specific recommendations on Mental Health contracts and the process for completing them, as recommended by the Director of the Health Services Agency

36.   DIRECTED the Health Services Agency to work with the Sheriff's Office and County Counsel to develop amendments to Section 8.32 of the Santa Cruz County Code relating to underage drinking and return on or before May 1, 2008 with a proposed ordinance, as recommended by Supervisor Campos, the Sheriff, and the Director of the Health Services Agency

37.   APPROVED $201,033 in Child Care Fees Loans and authorized the Human Resources Agency Director to sign standard loan documents with borrowers, as recommended by the Director of the Human Resources Agency

38.   AUTHORIZED the Human Resources Agency Director to execute an amendment to the agreement with Intelegy Corporation, in the amount of $49,000, for Call Center Consulting Services, as recommended by the Director of the Human Resources Agency

39.   APPROVED amendment to consultant contract for Pleasure Point Community Planning Project for an amount not-to-exceed $18,990, as recommended by the Planning Director

40.   CONTINUED consideration of report on housing assistance options to address law enforcement recruitment and retention issues until January 29, 2008, as recommended by the Planning Director

41.   ACCEPTED AND FILED the final 2007/2008 Capital Improvement Program document and directed the Department of Public Works to return on or before May 20, 2008 with the proposed 2008/2009 Capital Improvement Program document, as recommended by the Director of Public Works

42.   ACCEPTED AND FILED status report on the Zero Waste Eco Park long range resource recovery and waste management planning and directed the Public Works Director to sign the letter of intent to participate in the development of a regional organics processing facility with the Monterey Regional Waste Management District, as recommended by the Director of Public Works

43.   APPROVED agreement with Williams Tree Service, in an amount not-to-exceed $95,000, for Fiscal Year 2007/2008 tree maintenance, tree removal on County roads and vegetation maintenance along the Pajaro River; authorized the Public Works Director to sign, as recommended by the Director of Public Works

44.   APPROVED contract with the Harris Group, Inc. of Seattle, WA, for the development of operations and maintenance manuals for Canon Del Sol (County Service Area 5), Sand Dollar (County Service Area 5), Boulder Creek (County Service Area 7), and Trestle Beach (County Service Area 20) treatment plants for a total not-to-exceed cost of $54,170 and authorized the Public Works Director to sign, as recommended by the Director of Public Works

45.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED contract with Harris Group, Inc. of Seattle, Washington for the development of operation and maintenance manuals in an amount not-to-exceed $27,967, and authorized the District Engineer to sign on behalf of the Davenport County Sanitation District, as recommended by the District Engineer

46.   ADOPTED RESOLUTION NO. 355-2007 accepting the donation of fee interest in Assessor's Parcel Number 028-481-03, as described in the grant deed included as Exhibit 1 of the resolution; authorized the Public Works Department to execute transfer documents and record the conveyance, as recommended by the Director of Parks, Open Space and Cultural Services

47.   APPROVED agreement in the amount of $31,608 with Belluinger, Foster and Steinmetz to prepare construction documents and perform installation services for the new embankment slide at Anna Jean Cummings Park and authorized the Director of Parks Department to sign, as recommended by the Director of Parks, Open Space and Cultural Services

48.   DIRECTED the Parks Department to execute a Joint Powers Agreement in the amount of $85,207.82 with the Bonny Doon Union Elementary School District to fund renovations to the Sports Field at Bonny Doon Elementary School, and approved a transfer of $12,804 within the Bonny Doon Parks Dedication Fund, as recommended by the Director of Parks, Open Space and Cultural Services

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED one unit in the Pleasant Acres Mobile Home Park project for use as a manager's unit, and approved related actions, as recommended by the Planning Director

50.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of consultant contract in the amount of $31,608 for replacement slide design at Anna Jean Cummings Park, and approved related actions, as recommended by the Redevelopment Agency Administrator

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of consultant contract amendment, in the amount of $18,990, for Pleasure Point Community Planning Project, and approved related action, as recommended by the Redevelopment Agency Administrator

51.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency financing in the amount of $15,167 for a contract amendment to the consultant agreement with Teall Messer, Architect for design of the Animal Services facility, 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

Ernestina Saldana, et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case Number CV149432

Ritchey, Joe v. Santa Cruz County Board of Supervisors, Santa Cruz County Superior Court Case Number CV158427

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

53.   Presentation made honoring Janet Mc Kinley

54.   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 carry out a regularly scheduled meeting

55.   Public hearing held to consider Application Number 05-0388 (Powers for Corte Cabrillo LLC), to create a 28 unit townhouse development at the intersection of Soquel Drive and Corte Cabrillo in Aptos, California;

closed public hearing;

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

(2) adopted RESOLUTION NO. 356-2007 adopting a General Plan Land Use Designation referred to as Application No. 05-0388 Concerning APN 037-151-12 (part);

(3) adopted ORDINANCE NO. 4897 Amending Chapter 13 of the Santa Cruz County Code changing from one Zone District to Another;

(4) approved Subdivision, Residential Development Permit, Roadway/Roadside Exception, and Road Abandonment No. 05-0388; and

(5) with additional direction to add the following language to the Conditions of Approval, Section IV K: "2. Developer agrees to offer first right of refusal to the County to purchase two of the five units for housing programs to assist low and moderate income individuals"
PCaCoSB

56.   Public hearing held to consider Application Number 06-0651 (Powers for BK Properties LP), to create a 10 unit townhouse development at the intersection of Soquel Drive and Haas Drive in Aptos, CA; closed public hearing;

(1) certified the Mitigated Negative Declaration as complying with the California Environmental Quality Act;

(2) adopted RESOLUTION NO. 357-2007 adopting a General Plan Land Use Designation referred to as Application No. 06-0651 Concerning APN 039-062-06;

(3) adopted ORDINANCE NO. 4898 Amending Chapter 13 of the Santa Cruz County Code changing from one Zone District to Another;

(4) approved Subdivision, Residential Development Permit, Riparian Exception and Roadway/Roadside Exception No. 06-0651; and

(5) with additional direction to (1) add to the Project's Conditions, Covenants and Restrictions, the provisions, in Exhibit C, referenced by Ms. Atack in her letter dated December 7, 2007 and (2) add a sidewalk, on Haas Drive, up to the property line or the third driveway
PCaCosB

57.   Public hearing held to consider Planning Commission recommendation on Application Number 06-0589: General Plan Amendment, Rezoning, Lot Line Adjustment and Agricultural Land Conservation Contracts affecting Assessor's Parcel Numbers 088-081-07 and 088-81-08, property located at Skyline Boulevard, 2.5 miles southeast of Highway 9 in Los Gatos; closed public hearing;

(1) adopted RESOLUTION NO. 358-2007 approving the General Plan Amendment, Agricultural Land Conservation (Williamson Act) contracts, and Lot line Adjustment, and certifying the Negative Declaration; and

(2) adopted ORDINANCE NO. 4899 amending Chapter 13.10 of the Santa Cruz County Code changing the Zoning of Assessor's Parcel Numbers 080-081-07 & 08 in the Skyline Planning area
PCaCoSB

58.   Jurisdictional hearing held to consider appeal of the Planning Commission's decision to approve application 06-0156 (Coastal Development Permit to construct a three-story, approximately 4,000 square foot house on Beach Drive); Assessor's Parcel Number 043-152-70; Appellant: Haselton & Haselton, Attorneys at Law (representing a group of neighbors); Applicant: Jim Mosgrove, Architect; Owners: Deborah and Michael Collins;

denied jurisdiction
SCaPcoB

59.   Public hearing held to consider proposed amendments to County Code Chapter 7.70, Water Wells;

(1) closed public hearing;

(2) approved "in concept" ordinance amending Chapter 7.70 of the Santa Cruz County Code entitled Water Wells to return on January 8, 2008 for final adoption; and

(3) directed the Clerk of the Board to publish a summary of the ordinance
SCaPCoB

60.   Continued Public hearing held to consider the 2008 Growth Goal;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 359-2007 adopting Annual Population Growth Goals for 2008, with associated findings; and

(3) certified the California Environmental Quality Act Notice of Exemption
PSCocaB

61.   Continued public hearing held to consider amendments to the Unified Fee Schedule;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 360-2007 revising the Unified Fee Schedule with the amended fees and charges as presented in Exhibit A and Exhibit B;

(3) adopted RESOLUTION NO. 361-2007 adding a recording fee of one dollar ($1.00) to implement the Social Security Truncation Program;

(4) replaced page 746 of the Unified Fee Schedule with Attachment A (Santa Cruz County Unified Fee Schedule Planning Budget Unit - 542200) of the letter of the County Administrative Officer dated December 5, 2007; and

(5) with additional direction the $600 Road Bump Processing Fee not be charged until the petition is filed
SPCoCaB

62.   CONSIDERED proposed ordinance amending Chapter 2.110 of the Santa Cruz County Code relating to the membership of the Santa Cruz County Workforce Investment Board (WIB) and the associated By-laws;

(1) approved "in concept" ordinance amending Chapter 2.110 of the Santa Cruz County Code to return on January 8, 2008 for final adoption; and

(2) approved changes to the Santa Cruz County Workforce Investment Board Bylaws
PCaCoSB

63.   APPROVED reappointment of Donald N. (Norm) Hagen to the Santa Cruz Metropolitan Transit District Board of Directors, for a term to expire December 31, 2011
SCaPCoB

64.   APPROVED appointment of Zachary Woodford to the In-Home Supportive Services Advisory Commission, as an at-large representative of consumers, for a term to expire April 1, 2009
PCaCoSB

65.   The Board of Supervisors recessed in order to conduct the 2008 Legislative Meeting with the County's state representatives

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS