Santa Cruz County Board of Supervisors Minutes: 10/28/2008

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2008, NUMBER 29
Tuesday, October 28, 2008

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.'s 40.1 and 40.2
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 October 16, 2008 through October 22, 2008, 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 Peter and Alison Collier, Claim No. 809-023, and referred to County Counsel

11.   REJECTED the claim of Michael J. Dominguez, Claim No. 809-024, and referred to County Counsel

12.   REJECTED the claim of Jose Luis Montoya, Claim No. 809-025, and referred to County Counsel

13.   REJECTED the claim of Brian Alba, Claim No. 809-026, and referred to County Counsel

14.   AUTHORIZED the Agricultural Commissioner to sign a revenue agreement, in the amount of $12,251, with the California Department of Food and Agriculture for agricultural inspection and enforcement activities, as recommended by the Agricultural Commissioner

15.   ACCEPTED AND FILED report on financial adjustments included in the 2008-2009 Final County Budget and approved a transfer of funds which realigns budgeted appropriations in the County Service Area No. 9C, as recommended by the County Administrative Officer

15.1.   DEFERED consideration of the Sheriff's Recruitment and Retention Task Force preliminary findings to on or before January 29, 2009; directed the County Administrative Officer and the Personnel Director to return with a report on possible solutions to address the concerns related to staffing levels and mandatory overtime, as outlined in the October 20, 2008 report, on or before January 29, 2009

16.   APPROVED the terms of the lease between the Santa Cruz County Animal Services Authority and the County of Santa Cruz for the 7th Avenue Animal Services Facility and approved related actions, as recommended by the County Administrative Officer

17.   ACCEPTED AND FILED report on the County Fleet low mileage vehicles, as recommended by the Acting Director of General Services

18.   APPROVED plans and specifications for the 1020 Emeline Generator Replacement Project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on December 2, 2008, as recommended by the Acting Director of General Services

19.   AUTHORIZED the Acting Director of General Services to execute the agreement accepting the 1989 Fire Engine into the County Fire Department Fleet, with Bonny Doon Volunteer/Rescue Inc. responsible for the cost of maintenance and repairs, as recommended by the Acting Director of General Services

20.   DECLARED certain used County vehicles to be surplus and directed the Acting Director of General Services to arrange for their disposition, as recommended by the Acting Director of General Services

21.   ADOPTED RESOLUTION NO. 253-2008 supporting the passage of Proposition 2 on the November, 2008 California ballot, as recommended by Supervisor Beautz

22.   DELETED ITEM

23.   ADOPTED RESOLUTION NO. 254-2008 determining industrial disability retirement for a safety member, as recommended by the Director of Personnel

24.   ADOPTED RESOLUTION NO. 255-2008 determining industrial disability retirement for a safety member, as recommended by the Director of Personnel

25.   ADOPTED RESOLUTION NO. 256-2008 supporting the naming of a Clipper yacht in the 2009-2010 Clipper Round the World Yacht Race "California," as recommended by Supervisors Coonerty and Pirie

26.   ADOPTED RESOLUTION NO. 257-2008 opposing the passage of Proposition 4 on the November, 2008 California ballot, as recommended by Supervisor Pirie

27.   APPROVED appointment of Robert Allen, Steven Brock, Robert Altick, and Al Ragonesi to the Pajaro Dunes Geologic Hazard Abatement District, for the terms outlined, as recommended by Supervisor Pirie

28.   ACCEPTED notification of an at-large vacancy on the Hazardous Materials Advisory Commission, for a community representative, with nominations to be received on November 18, 2008, and final appointment to be considered on November 25, 2008, as recommended by Chairperson Pirie

29.   ACCEPTED AND FILED report on sustainable approaches to Mental Health housing and directed the Health Services Agency to return with an update on or before March 30, 2009, as recommended by the Director of Health Services

30.   SCHEDULED public hearing on Tuesday, November 18, 2008, at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission regarding the Planned Unit Development Permit, Rezoning, General Plan Amendment, Riparian Exception, and Roadway/Roadside Exception for Assessor's Parcel Number 039-471-09 (Aptos Rancho Road), and approved related action, as recommended by the Planning Director

31.   ACCEPTED the improvement of El Rancho Drive 2006 Storm Damage Repair Project at Highway 17 Beulah Park Undercrossing; approved the final cost of $3,080,838.22 and approved related action, as recommended by the Director of Public Works

32.   ADOPTED RESOLUTION NO. 258-2008 for right of way acquisitions for the Graham Hill Road Improvement Project - Roaring Camp Road to 0.61 Miles East; approved payment of claims and approved related actions, as recommended by the Director of Public Works

33.   ADOPTED RESOLUTION NO. 259-2008 for the property acquisition for the Bear Creek Road Storm Damage Repair Project; approved payment of claim and approved related actions, as recommended by the Director of Public Works

34.   ADOPTED RESOLUTION NO. 260-2008 removing Troy Road and Saratoga Road from the County Maintained Road System, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 261-2008 Resolution of Intention to Make Acquisition and Improvements for County Service Area No. 10, Rolling Woods Sewer Assessment District; authorized the Director of Public Works to sign the contract with Bond and Disclosure Counsel Jones Hall on behalf of the County; and authorized the Director of Public Works to sign the contract with Creegan & D'Angelo for assessment district engineering on behalf of the County; and approved the request for transfer of funds, as recommended by the Director of Public Works

36.   APPROVED amendment to agreement with Higgins Associates by changing the name to Higgins Associates, a Division of Hatch Mott MacDonald, and by changing the fee schedule as shown on Exhibit B; and approved related actions, as recommended by the Director of Public Works

37.   APPROVED the independent contractor agreement with 123 Engineering, Inc., for construction, engineering, inspection, and materials testing for the East Cliff Drive Bluff Protection Project in the not-to-exceed amount of $614,944.70; and approved related actions, as recommended by the Director of Public Works

38.   DEFERRED report on sanitation County Service Area (CSA) budgets and cost saving measures, and directed Public Works to return on November 25, 2008, with a status report on the analysis of the fiscal year 2008-2009 CSA budgets and potential cost savings, as recommended by the Director of Public Works

39.   SCHEDULED public hearing on Tuesday, December 9, 2008, at 9:30 a.m., to consider adoption of the McGregor Park Proposed Master Plan, and approved related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $667,215 for construction inspection services by 123 Engineering Inc. for the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator

40.1.   APPROVED appointment of Kymberly Lacrosse to the Women's Commission for a term to expire April 1, 2009, as recommended by Supervisor Beautz

40.2.   AUTHORIZED the Director of Human Services to execute a license agreement with the State of California Military Department, in an amount not-to-exceed $61,560, for use of the Santa Cruz Armory in fiscal year 2008-2009; authorized the Director of Human Services to execute a contract with the Homeless Services Center, in an amount not-to-exceed $109,520, for the provision of 2008-2009 winter shelter facilities and to execute a contract with the Salvation Army, in an amount not-to-exceed $50,749, for the provision of 2008-2009 winter shelter facilities; adopted RESOLUTION NO. 262-2008 accepting and appropriating unanticipated revenue in the amount of $760 from the County's Housing Fund and approved related actions, as recommended by the Director of Human Services

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Timothy Noll and Shannon McKinnon v. County of Santa Cruz, a public entity; Santa Cruz Mountains Summit West Mutual Water Co. and DOES One through Fifty, Inclusive; County of Santa Cruz v. Catherine Willkie and DOES One through Ten, Inclusive

REPORT OF COUNTY COUNSEL - The Board, by unanimous vote, approved initiation of litigation against Nationwide Auction Systems, Asset Liquidation Groups, Incorporated and Public Liquidation Systems, Incorporated

In a separate action, by unanimous vote, the Board, voted to join the litigation of the County of Santa Clara vs. Astra USA Incorporated et al., United States Court of Appeals, Ninth Circuit, Case Number 06-16471

REGULAR AGENDA

42.   Public hearing held to consider Application Number 07-0388 (Mark Cavagnero Associates for Community Foundation of Santa Cruz County) to construct an administrative office building, and rezone the property from the C-1 to the PA zone district;

closed public hearing;

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

(2) ADOPTED ORDINANCE NO. 5021 amending Chapter 13.10 of the Santa Cruz County Code that rezones the property indicated from the C-1 zone district to the PA zone district;

(3) approved Commercial Development Permit and Roadway/Roadside Exception No. 07-0388; and

(4) with the following correction: under II L of the Conditions of Approval (Attachment 4), add the word "abandonment" after "easement" to read, "Relocate access of the adjacent parcel (APN 039-471-09) to Aptos Rancho Road and submit proof of right of way and public utilities easement abandonment from Soquel Drive on the southeast side of the subject property"
CaSBCoP

43.   Public hearing held to consider Coastal Commission action requesting modification to amendments of Santa Cruz County Code Chapter 7.70, Water Wells, a local coastal program implementing ordinance;

closed public hearing; and

approved "in concept" ordinance approving Coastal Commission modifications to previously approved amendments to Subsection A of Section 7.70.030 of the Santa Cruz County Code relating to water wells to return on November 18, 2008 for final adoption
SCoBCaP

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

45.   APPROVED reappointment of John Ricker to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 30, 2012
BCaCoSP

46.   APPROVED reappointment of Mike Manfre to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 30, 2012
CaBCoSP

47.   APPROVED appointment of Margaret Kinda to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 30, 2012
CaBCoSP

48.   APPROVED reappointment of Howard Liebenberg to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 30, 2012
SCoBCaP

49.   CONSIDERED recommendations regarding the Par 3 Property;

acknowledged that the current zoning and general plan designations of the Par 3 property are appropriate
BSco/CA/P Supervisor Campos not present due to conflict of interest

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