Santa Cruz County Board of Supervisors Minutes: 4/14/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 10
Tuesday, April 14, 2009

ACTION SUMMARY MINUTES

VOTING KEY: 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 Nos. 65.1 and 65.2 ADDED to the Closed Session Agenda, Item No. 66: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION: Paul Carota and Susan Carota v. County of Santa Cruz, Superior Court Case No. CV 161890 DELETED from the Closed Session Agenda, Item No. 66: CONFERENCE WTIH LEGAL COUNSEL - EXISTING LITIGATION: Steven Travis, Stanley M. Sokolow v. County, Supreme Court Case No. S109597; Sixth Appellate District Case No. H021541; Santa Cruz County Superior Court Case No. CV136570
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 17, 2009 and March 24, 2009, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 19, 2009 through April 8, 2009 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.   ADOPTED ORDINANCE NO. 5036 amending various sections of Chapter 9.08 of the Santa Cruz County Code (Speed Limits)

11.   REJECTED the claim of Nita Messersmith Lundin, Claim No. 809-059, and referred to County Counsel

12.   REJECTED the claim of Solomon Demma, Claim No. 809-061, and referred to County Counsel

13.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $410.20 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

14.   APPROVED the First Implementation Agreement to Agreement Regarding Pass-Through of Tax Increment Pursuant to Health and Safety Code Section 33401 for the County of Santa Cruz Library Fund; County of Santa Cruz CSA 11 Fund; County of Santa Cruz Flood Control and Water Conservation District; and Zone 4 of the County of Santa Cruz Flood Control and Water Conservation District; and approved related actions, as recommended by the County Administrative Officer

15.   ADOPTED RESOLUTION NO. 51-2009 accepting revenue in the amount of $500,000 from the State of California for the February 5, 2008 Presidential Primary Election and appropriating $500,000 toward costs associated with the May 19, 2009 Special Statewide Election, as recommended by the County Clerk

16.   ADOPTED RESOLUTION NO. 52-2009 amending the Conflict of Interest Code for the County of Santa Cruz Health Services Agency; adopted RESOLUTION NO. 53-2009 amending the Conflict of Interest Code for the County of Santa Cruz Treasurer-Tax Collector Department; adopted RESOLUTION NO. 54-2009 amending the Conflict of Interest Code for the Santa Cruz Metropolitan Transit District; adopted RESOLUTION NO. 55-2009 amending the Conflict of Interest Code for the Santa Cruz City Schools; adopted RESOLUTION NO. 56-2009 amending the Conflict of Interest Code for the Santa Cruz County Sanitation District; and adopted RESOLUTION NO. 57-2009 amending the Conflict of Interest Code for the Scotts Valley Water District, as recommended by the County Clerk

17.   RATIFIED the submission of amendments to agreements with the California Emergency Management Agency in the amount of $88,890 for 2008-2009 and $105,860 for 2009-2010 and authorized the District Attorney to execute the amendments, as recommended by the District Attorney

18.   ACCEPTED the Notice of Completion for the Animal Services Authority Animal Shelter Project at 2200-7th Avenue, Santa Cruz, California; approved the final cost of $5,042,327, and authorized the Clerk of the Board to take related action, as recommended by the Acting Director of General Services

19.   APPROVED amendment to agreement with Elevator Service Company, Inc. increasing compensation by $3,800 to $24,500 for additional maintenance and repair services to the Emeline Complex elevators, as recommended by the Acting Director of General Services

20.   APPROVED plans and specifications for the Anna Jean Cummings Park Parking Lot Expansion Project; directed the General Services Department to advertise for bids and set bid opening for 3:00 p.m. on May 19, 2009, as recommended by the Acting Director of General Services

21.   ADOPTED RESOLUTION NO. 58-2009 accepting and appropriating unanticipated revenue in the amount of $97,764 from Title II Federal Formula Grant Award; approved contracts with Ceres Policy Research, Conflict Resolution Center, Survivor's Healing Center, and Walnut Avenue Women's Center in the amounts specified, and approved related action, as recommended by the Chief Probation Officer

22.   APPROVED contract amendment with the County of Santa Clara Probation Department (Muriel Wright Center/James Ranch) to increase the daily compensation rate from $161 per day to $256.70 per day, for an amount not-to-exceed $15,000 and approved related action, as recommended by the Chief Probation Officer

23.   AUTHORIZED transfer of funds in the amount of $38,000 to pay Bar-O-Boys Ranch Camp Placement costs, as recommended by the Chief Probation Officer

24.   APPROVED the submission of a grant application to the United States Department of Justice, Office of Community Oriented Policing Services to fund 12 Deputy Sheriff positions in the amount of $1,199,695 per year for three years and requested the Sheriff's Office to return with required financial documents and personnel actions upon grant award notification, as recommended by the Sheriff-Coroner

25.   AUTHORIZED the Sheriff-Coroner to apply for the Edward Byrne Memorial Justice Assistance Grant; approved the inter-local agreement with the City of Santa Cruz in the amount of $137,723, and approved related actions, as recommended by the Sheriff-Coroner

26.   APPROVED reappointment of Supervisor Neal Coonerty to the Treasury Oversight Commission as the representative of the Board of Supervisors, and Supervisor John Leopold as the alternate, for terms to expire March 31, 2013; approved reappointment of Richard Clark as the representative of Special Districts for a term to expire March 31, 2013; and approved appointment of Mary Hart as the alternate School District representative, for a term to expire March 31, 2011, as recommended by the Treasurer-Tax Collector

27.   APPROVED appointment of Gail Olson to the Seniors Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

28.   ACCEPTED nomination of Glen Shaller for appointment to the Workforce Investment Board, as an at-large representative of labor, for a term to expire June 30, 2010, with final appointment to be considered on April 21, 2009, as recommended by Supervisor Coonerty

29.   APPROVED appointment of Brian Murtha to the Human Services Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

30.   APPROVED appointment of Sondra Kay to the Alcoholism and Drug Abuse Commission for a term to expire April 1, 2013, as recommended by Supervisor Leopold

31.   APPROVED appointment of Lyn Hood to the Emergency Management Council for a term to expire April 1, 2013, as recommended by Supervisor Leopold

32.   DECLARED the Board's intentions with regard to funding for Community Programs in fiscal year 2009-2010, as outlined; directed staff to return to the Board on or before May 5, 2009 with a proposal for the creation of a Community Programs Funding Committee, and approved related action, as recommended by Supervisor Pirie

33.   ADOPTED RESOLUTION NO. 59-2009 opposing any renewal of offshore oil drilling, as recommended by Supervisor Stone

34.   ADOPTED RESOLUTION NO. 60-2009 authorizing Environmental Health to file appeal of THP #1-08-159 SCR on behalf of the Board of Supervisors should the California Department of Forestry find the plan in conformance with the Forest Practice Act, as recommended by Supervisor Stone

35.   APPROVED appointment of Vicki Boriack to the Child Care Planning Council, as a community representative, for a term to expire April 1, 2011, as recommended by Supervisor Stone

36.   ACCEPTED AND FILED annual report of the Human Services Commission, and approved related action, as recommended by Chairperson Coonerty

37.   ACCEPTED AND FILED annual report of the Mental Health Board, and approved related action, as recommended by Chairperson Coonerty

38.   ACCEPTED AND FILED annual report of the Public Health Commission, and approved related action, as recommended by Chairperson Coonerty

39.   APPROVED appointment of John Burke to the Emergency Management Council, as the representative of Watsonville Community Hospital, as recommended by Chairperson Coonerty

40.   APPROVED appointment of Nicolas de Lorenzo to the Workforce Investment Board, as an at-large representative of Title V-Older Americans Grant Programs, for a term to expire June 30, 2010, as recommended by Chairperson Coonerty

41.   APPROVED reappointment of Margarita Alejo to the Latino Affairs Commission, as an at-large representative of the City of Watsonville, for a term to expire April 1, 2013, and appointed Maria Rodriguez-Castillo to the Commission, as an at-large representative of the City of Watsonville, for a term to expire April 1, 2011, as recommended by Chairperson Coonerty

42.   ADOPTED RESOLUTION NO. 61-2009 accepting and appropriating $115,000 of Short-Doyle MediCal funding into the Mental Health budget; approved amendments with Front Street, Inc. increasing the maximum amount by $260,354 to $3,581,829 and Santa Cruz Community Counseling Center, Inc. increasing the maximum amount by $5,550 to $115,162 for mental health services; and approved related action, as recommended by the Director of Health Services

43.   SEE ITEM NO. 79.1 REGULAR AGENDA

44.   APPROVED amendment to agreement with Community Bridges increasing the maximum amount by $22,000 to $109,456 for health outreach services; a new agreement with Radiology Medical Group of Santa Cruz for radiological interpretive medical services at a fixed rate of $20 per exam; and approved related action, as recommended by the Director of Health Services

45.   ACCEPTED report on the status of the Request for Proposals (RFP) for the Roots and Wings project and directed the Human Services Department Director to return on June 16, 2009 with recommendations for approval of agreements to provide the services identified in the RFP, as recommended by the Director of Human Services

46.   ADOPTED RESOLUTION NO. 62-2009 accepting and appropriating unanticipated revenue in the amount of $160,661 from the State of California; approved amendment to agreement with Cabrillo College increasing the amount by $26,464 to $201,600 for Fast Track to Work services through June 30, 2009; approved amendment to agreement with the County Office of Education increasing the amount by $113,785 to $1,120,173 to increase youth employment services through June 30, 2009; approved the addition of 1.0 Senior Employment Senior Employment Training Specialist position and the deletion of 1.0 vacant Eligibility Worker I/II position into the Human Services Department Budget Unit Index 392100; and directed the Human Services Director to return on June 2, 2009 with a status report on federal economic stimulus funding and associated recommendations, as recommended by the Director of Human Services

47.   ACCEPTED a non-renewal of the Open Space Easement Contract on Assessor's Parcel Number 063-021-06 (2 Thayer Road, Santa Cruz CA) requested by the property owners, Robert Arko and Auro Oslapas, as recommended by the Planning Director

48.   ACCEPTED AND FILED status report on the Draft Aptos Village Plan and approved related actions, as recommended by the Planning Director

49.   ADOPTED RESOLUTION NO. 63-2009 concurring with the Redevelopment Agency's acquisition of Assessor's Parcel Numbers 037-621-06 and 037-621-10 (located at 111 and 119 Atherton Loop, Aptos, CA), as recommended by the Planning Director

50.   SCHEDULED public hearing on Tuesday, May 5, 2009 at 9:00 a.m. or thereafter, to consider Coastal Commission suggested modifications to neighborhood compatibility ordinance amendments and approved related action, as recommended by the Planning Director

51.   ACCEPTED the improvements and the final cost of $362,355.90 for the Glenwood Drive Storm Damage Repair project and approved related action, as recommended by the Director of Public Works

52.   SEE ITEM NO. 79.2 REGULAR AGENDA

53.   ADOPTED RESOLUTION NO. 64-2009 disclaiming any current or future interest in the Boulder Creek alley and authorized the Chairperson of the Board to execute the Quitclaim Deed; directed the Clerk of the Board to return the executed Deed and approved related action, as recommended by the Director of Public Works

54.   ADOPTED RESOLUTION NO. 65-2009 for right of way acquisition for the Trout Gulch Road Storm Damage Repair project; approved payment of claim and approved related action, as recommended by the Director of Public Works

55.   APPROVED phasing of improvements for Cabrillo Commons development (Tract 1471) located on the southeast corner of Atherton Drive and Soquel Drive; accepted the subdivision improvements for Phase I as completed and approved related action, as recommended by the Director of Public Works

56.   APPROVED purchase of Zayante Sandhills Conservation Bank credits to mitigate for 0.28 acres of impact to the Zayante Sandhills Habitat caused by the Graham Hill Road/Lockewood Lane Traffic Signal Project, as recommended by the Director of Public Works

57.   APPROVED Request for Proposals for concrete crushing and grinding services at the Buena Vista Landfill; authorized the Director of Public Works to complete the contractor selection process and return on or before June 9, 2009 with a contractor agreement, as recommended by the Director of Public Works

58.   APPROVED the road closure for the Boulder Creek Parade; adopted RESOLUTION NO. 66-2009 requesting the California Department of Transportation allow the parade to be held, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

59.   AUTHORIZED the transfer of $10,000 from County Service Area No. 9 - Highway Safety and Lighting budget from Traffic Engineering to the 2009 Graham Hill Road Guardrail Project, as recommended by the Director of Public Works

60.   ADOPTED RESOLUTION NO. 67-2009 authorizing the Cultural Council of Santa Cruz County to be the designated representative to the California Arts Council, as recommended by the Director of Parks, Open Space, and Cultural Services

61.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED an additional $800,000 in Redevelopment Agency Housing Funds to the Affordable Housing Preservation Program for fiscal year 2008-2009, as recommended by the Planning Director

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 68-2009 authorizing acquisition of Assessor's Parcel Number 037-621-06 and 037-621-10 (located at 111 and 119 Atherton Loop, Aptos CA) as affordable housing units, and approved related actions, as recommended by the Planning Director

63.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED amendment to agreement with Moore Iacofano Goltsman, Inc. increasing the amount by $104,341 for a new total amount of $898,831 for the completion of stream restoration design plans and additional design services at the Farm Neighborhood Park and Community Center, and approved related actions, as recommended by the Redevelopment Agency Administrator

64.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the First Implementation Agreement to Agreement Regarding Pass-Through of Tax Increment Pursuant to Health and Safety Code Section 33401 for the County of Santa Cruz Library Fund; Central Fire District; County of Santa Cruz CSA 11 Fund; County of Santa Cruz Flood Control and Water Conservation District; County of Santa Cruz Flood Control and Water Conservation District-Zone 4; and the County of Santa Cruz Flood Control and Water Conservation District-Zone 5; and approved related actions, as recommended by the Redevelopment Agency Administrator

65.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the Request for Qualifications for design services for the East Cliff Drive-Twin Lakes Beachfront Improvement Project; and directed the Redevelopment Agency Administrator to return on or before August 11, 2009 with a proposed contract for engineering design services for Board consideration, as recommended by the Redevelopment Agency Administrator

65.1.   DIRECTED the Chairperson to send a letter to Assembly Speaker Karen Bass urging that she call for nominations for the Regional Representative serving the Central Coast on the California Coastal Commission, and approved related action, as recommended by Supervisor Leopold

65.2.   APPROVED appointment of Carmen Potro to the Civil Service Commission for a term to expire December 31, 2012, as recommended by Supervisor Leopold

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Paul Carota and Susan Carota v. County of Santa Cruz, Superior Court Case No. CV 161890

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organization: All Bargaining Units

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

67.   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

68.   PRESENTATION made by the Commission on Disabilities regarding organizations serving people with disabilities

69.   PRESENTATION made by the Association of Monterey Bay Area Governments (AMBAG) staff on the Monterey Bay Regional Blueprint Program;

accepted and filed informational report
CaLPSCo

70.   CONSIDERED nomination of Phil Wowak for appointment as Sheriff-Coroner;

(1) accepted nomination of Phil Wowak for appointment as Sheriff-Coroner;

(2) directed staff to carry out the necessary background check; and

(3) scheduled this matter to April 21, 2009 for further consideration
LCaPSCo

71.   CONTINUED public hearing to consider allocation of State Supplemental Law Enforcement Funds (SLESF);

(1) conducted public hearing to consider the written requests of the Sheriff-Coroner and the District Attorney regarding use of the 2008-2009 Supplemental Law Enforcement Services Funds (SLESF) allocations;

(2) closed public hearing;

(3) approved the requests from the Sheriff-Coroner and the District Attorney for use of SLESF Funds;

(4) approved the transfer of funds in the amount of $43,115 in the Corrections Bureau; and

(5) directed the County Administrative Officer and Sheriff-Coroner to provide written correspondence to State legislative representatives regarding the disproportionate loss in revenue to County front-line law enforcement services
LCaPSCo

72.   Public hearing held to consider the Planning Commission recommendation regarding proposed amendments to the Santa Cruz County Code relating to Planned Unit Developments;

(1) opened public hearing to hear public testimony on the proposed amendments to the Planned Unit Development (PUD) Ordinance; and continued public hearing to June 2, 2009
PSL/CA/Co

73.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONDUCTED public hearing on the sale of Redevelopment Agency owned property at 111 Atherton Loop (Assessor's Parcel Number 037-621-06) to an income eligible purchaser and a lease agreement for 119 Atherton Loop (Assessor's Parcel Number 037-621-10) to the Santa Cruz Community Counseling Center for Transitional Housing Plus Program (THP+);

(1) held public hearing on the proposed sale of 111 Atherton Loop (APN 037-621-06) to an income eligible purchaser and a proposed lease agreement with SCCCC for 119 Atherton Loop (APN 037-621-10) to be used as part of the transitional Housing Plus Program (THP+);

(2) closed public hearing; and

(3) at the conclusion of the publc hearing the Board took the following action: (a) approved the proposed resale of 111 Atherton Loop (037-621-06) to an income eligible purchaser; and (b) approved the proposed lease agreement with Santa Cruz Community Counseling Center (SCCCC) for 119 Atherton Loop (APN 037-621-10) to be used as part of the transitional Housing Plus Program (THP+)
SLP/CA/Co

74.   Public hearing held to consider the Planning Commission's recommendations regarding Application 08-0526, a proposal to rezone one parcel from the Residential Agriculture (RA) zone district to the Timber Production (TP) zone district, on property located on the north side of Stetson Road, at about 1.5 miles east of the intersection with Soquel San Jose Road

Assessor's Parcel Number: 097-091-12

Applicant: Joseph Culver

Property Owner: Roger and Barbara Wicht, Trustees;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 5037 amending County Code Chapter 13.10 to change the zoning on APN 097-091-12 from the Residential Agriculture zone district to the Timber Production zone district; and

(2) certified the CEQA Notice of Exemption
PL/CA/SCo

75.   Public hearing held to consider the Planning Commission's recommendations regarding Application 08-0509, a proposal to rezone one parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district, on property located on the west side of Mountain Charlie Road, approximately 1.5 miles north of the intersection with Glenwood Drive

Assessor's Parcel Number: 093-051-10

Applicant: Matt Dias c/o Big Creek Lumber

Property Owner: Mike N. Forde;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 5038 amending County Code Chapter 13.10 to change the zoning on APN 093-051-10 from the Special Use zone district to the Timber Production zone district; ad

(2) certified the CEQA Notice of Exemption
LP/CA/SCo

76.   CONTINUED consideration of items from the March 2009 Traffic and Engineering Report; considered adoption of ordinance amending various sections of the Santa Cruz County Code Chapter 9.08, relating to speed limits and related actions;

(1) approved "in concept" ordinance amending various sections of the County Code Chapter 9.08, Speed Limits, to return on April 21, 2009 for final adoption; and

(2) directed the Department of Public Works to post the necessary changes to the speed limits 31 days after final adoption of the ordinance
LP/CA/SCo

77.   CONSIDERED report on the status of the proposed Zero Waste EcoPark;

(1) accepted and filed report on the status of the proposed Zero Waste EcoPark;

(2) directed Public Works to submit the Revised EcoPark Project Description to the Planning Department as the basis for a permit application and California Environmental Quality Act review for the EcoPark development; and

(3) directed Public Works to reconfirm with each City its interest in participating in the revised EcoPark project and to return on or before September 22, 2009 with a report on the progress of the EcoPark Project
SLP/CA/Co

78.   APPROVED reappointment of Paul Hogue to the Area Development Disabilities Board VII, as an at-large representative, for a term to expire January 1, 2011
PL/CA/SCo

79.   APPROVED appointment of Dr. Larry deGhetaldi, Dr. Patrick Meehan, Dr. Rama Khalsa, Martina O'Sullivan, Dr. George Wolfe, Michael Molesky, and Supervisor Ellen Pirie for appointment to the Santa Cruz-Monterey-Merced Managed Medical Care Commission, as at-large representatives in the categories indicated, for terms to be staggered by lot and to begin on the date on which a quorum of the Commission conducts its initial public meeting
PL/CA/SCo

79.1.   ADOPTED RESOLUTION NO. 69-2009 accepting and appropriating $92,310 in unanticipated cost recovery revenue from CEMEX into the Public Health budget; approved amendment to the agreement with Teri Copeland increasing the maximum amount by $92,310 to $552,000 for monitoring and assessment services of the health risks of elevated Chromium VI in Davenport; and approved related action, as recommended by the Director of Health Services
PL/CA/SCo

79.2.   ADOPTED RESOLUTION NO. 70-2009 authorizing the Director of Public Works or his/her designee to execute master agreements, program supplemental agreements, right of way and utility certifications, fund exchange agreements and/or fund transfer agreements with the California Department of Transportation on behalf of the Board, and approved related actions, as recommended by the Director of Public Works
PSL/CA/Co

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