Santa Cruz County Board of Supervisors Minutes: 4/21/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 11
Tuesday, April 21, 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 No.'s 41.1, 41.2, 41.3, 41.4, 41.5 and 41.6
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - nine 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 April 9, 2009 through April 15, 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. 5039 amending various sections of Chapter 9.08 of the Santa Cruz County Code (Speed Limits)

11.   ADOPTED RESOLUTION NO. 71-2009 accepting and appropriating unanticipated revenue in the amount of $64,500 from the California Department of Food and Agriculture (CDFA) for Light Brown Apple Moth detection and trapping activities performed in fiscal year 2008-2009 and authorized the Agricultural Commissioner to sign agreement with CDFA for Light Brown Apple Moth detection and trapping activities, as recommended by the Agricultural Commissioner

12.   APPROVED the replacement of $398.00 in specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED status report on County Code document management services, as recommended by the County Administrative Officer

14.   SEE ITEM NO. 50.2 REGULAR AGENDA

15.   RATIFIED authorization for the County Clerk to apply for funding in the amount of $250,000 under the federal Voting Access for Individuals with Disabilities (VOTE) grant program; approved participation in the VOTE grant program for the period June 1, 2009 through December 31, 2010; adopted RESOLUTION NO. 72-2009 approving the County to enter into a contract in the amount of $250,000 with the Secretary of State's Office to receive VOTE grant funds and approved related actions, as recommended by the County Clerk

16.   APPROVED revised by-laws of the Domestic Violence Commission and approved related action, as recommended by the District Attorney

17.   ACCEPTED the Notice of Completion for the Moran Way Fence Project at 40 Moran Way, Santa Cruz, California; approved the final cost of $18,170 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

18.   ACCEPTED status report on County Fire emergency service calls related to responding into Santa Clara unincorporated area, and approved related actions, as recommended by the Director of General Services

19.   ACCEPTED status report on the CAL Fire engine company move to McDermott Station; authorized transfer of $65,000 of appropriations in Contingencies to Services and Supplies; adopted RESOLUTION NO. 73-2009 accepting and appropriating unanticipated revenue in the amount of $23,558.21 for McDermott fire station repairs and upgrades; directed staff to return with a further status report on or before June 23, 2009, as recommended by the Director of General Services

20.   APPROVED a transfer of funds in the amount of $20,000 from the Pajaro Dunes Fire Station Assessment District Maintenance Fund to the Pajaro Dunes Fire/CSA 4 Fund for the replacement of the roof at the Pajaro Dunes Fire Station, as recommended by the Director of General Services

21.   ADOPTED RESOLUTION NO. 74-2009 accepting and appropriating insurance proceeds in the amount of $10,682.31 for repairs required as a result of 2008 fire damage to the Bonny Doon Fire Station on Martin Road, as recommended by the Director of General Services

22.   APPROVED plans and specifications for the Buena Vista Landfill Roof Repair and Repainting Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on May 19, 2009, as recommended by the Director of General Services

23.   APPROVED plans and specifications for the 640 Capitola Road Termite Abatement Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on May 26, 2009, as recommended by the Director of General Services

24.   ADOPTED RESOLUTION NO. 75-2009 amending salary resolution NO. 279-75, to abolish obsolete classifications and add a new classification, as recommended by the Director of Personnel

25.   ACCEPTED AND FILED status report on Juvenile Hall Capital Facility Grant Proposal and directed the Chief Probation Officer to return with a further report should there be significant changes to funding decisions made by the Corrections Standards Authority, as recommended by the Chief Probation Officer

26.   AUTHORIZED the Chief Probation Officer to sign and submit the Juvenile Justice Crime Prevention Act Application for Continuation Funding for the Comprehensive Multi-Agency Juvenile Justice Plan and directed Probation to return on May 12, 2009 with the Juvenile Justice Plan, as recommended by the Chief Probation Officer

27.   AUTHORIZED the Chief Probation Officer to submit proposals for funding under the Edward Byrne Memorial Competitive Grant Program, as recommended by the Chief Probation Officer

28.   AUTHORIZED the Sheriff-Coroner to apply for the Edward Byrne Memorial Competitive Grant Program in the amount of $176,875 and approved related actions, as recommended by the Sheriff-Coroner

29.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending March 31, 2009, as recommended by the Treasurer-Tax Collector

30.   ADOPTED RESOLUTION NO. 76-2009 supporting the passage of Senate Bill 4, which would ban smoking in State beaches and parks, as recommended by Supervisor Coonerty

31.   ADOPTED RESOLUTION NO. 77-2009 opposing the passage of Assembly Bill 481 relating to Mobile Home Rent Control, as recommended by Supervisors Coonerty and Leopold

32.   ACCEPTED AND FILED report on efforts to mitigate groundwater overdraft in the Pajaro Groundwater Basin and directed the Water Resources Division Director to provide a report in October 2009 on the status of these efforts and whether the Board should further consider declaring a groundwater emergency in the Pajaro Groundwater Basin, as recommended by the Director of Health Services

33.   APPROVED gross pay adjustment in the amount of $1,198.08, as recommended by the Director of Human Services

34.   SCHEDULED public hearing on Tuesday, May 12, 2009 at 9:00 a.m. or thereafter to consider the recommendation of the Planning Commission regarding the General Plan Amendment, Rezoning, Planned Unit Development Permit, and Coastal Development Permit for Assessor's Parcel Number 042-011-06 (Poor Clares Housing Site) and approved related action, as recommended by the Planning Director

35.   ADOPTED RESOLUTION NO. 78-2009 approving and accepting the terms and conditions of the Seacliff Utility Underground District No. 18 right-of-way property acquisition agreements; approved payment of claims and approved related actions, as recommended by the Director of Public Works

36.   APPROVED amendment to agreement with PaleoResource Consultants F & F GeoResource Associates, Inc., increasing the amount by $28,736.50 to $84,086.88 for additional work associated with the salvage and curation of a significant whale fossil located within the limits of the East Cliff Bluff Protection project and approved related actions, as recommended by the Director of Public Works

37.   APPROVED the permit conditions for the Annual Strawberry Fields Forever Bicycle Ride and directed the Department of Public Works to issue the event permit, as recommended by the Director of Public Works

38.   ACCEPTED the improvements and approved the final cost of $137,306.12 for the 17th Avenue Drainage Improvements project and approved related action, as recommended by the Director of Public Works

39.   APPROVED amendment to the agreement with senior and youth programs transportation provider, Discovery Tours, increasing the amount by $8,000, with no increase in cost to the County, and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

40.   SEE ITEM NO. 50.1 REGULAR AGENDA

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED additional financing in the amount of $31,179.10 for paleontological mitigation and monitoring services by PaleoResource Consultants F& F GeoResource Associates, Inc. for the East Cliff Drive Protection Project, as recommended by the Redevelopment Agency Administrator

41.1.   DIRECTED the Chairperson of the Board to submit the name of Supervisor Mark Stone to the Speaker of the Assembly as the County's nominee to the California Coastal Commission, Central Coast Region, as recommended by Supervisor Campos

41.2.   APPROVED an additional Advance Enrollment Voluntary Time Off with Accrual (AVTO) Program enrollment period in fiscal year 2008-2009 for SEIU Local 521, as recommended by the Director of Personnel

41.3.   REJECTED the claim of Daphne Winkler, Claim No. 809-064, as insufficiently filed and referred to County Counsel

41.4.   REJECTED the claim of Mark A. Beverly, Claim No. 809-067, as insufficiently filed and referred to County Counsel

41.5.   REJECTED the claim of Guadalupe De Los Santos, Claim No. 809-068, as insufficiently filed and referred to County Counsel

41.6.   ACCEPTED the low bid from MGE Underground in the amount of $346,091 for the Rolling Woods Sewer Improvements Project; authorized award of contract and approved related actions, as recommended by the Director of Public Works

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

CONFERENCE WITH 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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: All Bargaining Units

REPORT OF COUNTY COUNSEL - In the matter of Travis v. County of Santa Cruz et al. Santa Cruz Superior Court Number CV136570 the Board, with Supervisor Campos being absent, approved settlement of this matter resolving the case for a total of $90,000 which represents attorneys’ fees and costs to plaintiffs’ attorneys’ firm Specific Legal Foundation and the Law Firm of Pahl and Gosselin

REGULAR AGENDA

43.   CONSIDERED appointment of Phil Wowak as Sheriff-Coroner;

ADOPTED RESOLUTION NO. 79-2009 appointing Phil Wowak as Sheriff-Coroner, as of 12:00 a.m. on May 16, 2009 for the remainder of the current term, which will run through noon on January 3, 2011
CoPLCaS

44.   ACCEPTED nomination of Sean Saldavia for appointment as Assessor-Recorder; directed the Personnel Department to carry out the necessary background check, and scheduled matter for further consideration on May 5, 2009
CoCaLPS

45.   APPROVED appointment of Glenn Shaller to the Workforce Investment Board, as an at-large representative of labor, for a term to expire June 30, 2010
PLCaSCo

46.   Public hearing held to consider proposed parking maintenance and operation fees for the Soquel Village Parking and Business Improvement Area for fiscal year 2009-2010;

closed public hearing; and

(1) adopted RESOLUTION NO. 80-2009 establishing 2009-2010 parking maintenance and operation fees
LCaPSCo

47.   Presentation made recognizing members of the community participating in the Volunteer Initiative Program and the Sheriff's Volunteer Program

48.   Awarded Green Business Certifications to businesses in Santa Cruz County

49.   Presentation made on the economic impact of Human Services Programs

50.   Public hearing held to consider the recommendation of the Planning Commission regarding the Planned Unit Development Permit, Rezoning, and General Plan Amendment for Assessor's Parcel Numbers 037-101-02, 037-061-66 and a portion of 037-061-04 (Erlach Housing Site);

(1) closed public hearing;

(2) ADOPTED RESOLUTION NO. 81-2009 approving the General Plan Amendment as part of the first "ROUND" of 2009 General Plan Amendments;

(3) ADOPTED ORDINANCE NO. 5040 amending Chapter 13.10 of the Santa Cruz County Code changing Assessors Parcel Number (APN) 037-101-02 from the RM-4 Zone District to the RM-2-R and PR Zone Districts and APNS 037-061-66 and a portion of 037-061-04 from the R-1-6 Zone District to the RM-2-R and PR Zone Districts;

(4) ADOPTED ORDINANCE NO. 5041 granting a Planned Unit Development as allowed by Santa Cruz County Code relating to the establishment of Development Standards for APNS: 037-101-02, 037-061-66, 037-061-04 (portion); with the following changes: (a) change the language in Exhibit B (g) Roadway Design section (i) to read "Paved Road Width: 36 feet for Cunnison Lane (two 10-foot travel lanes, 6-foot parking shoulder on the east and west sides, 2-foot gutter on the east and west sides), 20' for two-way interior driveways, 12' for one-way driveways", (b) in 4) Building Design Standards section (c) (ii), (iii), and (iv) change the words "encouraging and strongly encouraging" to "requiring"; and (c) under VI) Building Permit Requirements and Timing section B) 1) replace the last word "considered" in the second sentence with the words "implemented to the maximum extent possible";

5) approved the Planned Unit Development Permit and Development Permit Findings;

(6) certified the Mitigated Declaration under the California Environmental Quality Act;

(7) directed the Redevelopment Agency and Public Works Department to study the Cunnison Lane/Soquel Drive intersection for possible signalization with a report back to the Board on or before June 30, 2010; and

(8) with an additional direction the feasibility of widening the lower portion of Cunnison Lane be evaluated as part of the park design Redevelopment is considering
LP(Ca)SCo (Supervisor Campos abstained due to conflict of interest)

50.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DIRECTED the Planning Department Director to include $36,000 in Redevelopment Agency Housing Funds to provide for extended housing assistance for the Transitional Housing Plus Program (THP+) for fiscal year 2009-2010 and to enter into a contract with the Santa Cruz Community Counseling Center for program operations; authorized $15,000 in Redevelopment Agency Housing Funds to the Human Services Department for housing costs associated with THP+ participants for fiscal year 2008-2009 and approved related actions; with an additional direction that staff return on May 12, 2009 with an update on the Woodside Terrace Project
PSLCaCo

50.2.   COMMENCED the renewal process for Charter Communications cable franchise for what is known as the South County Cable Franchise Area; authorized the County Administrative Officer to work with Special Counsel on the selection of the consultants needed for a review of Charter's performance to negotiate and sign appropriate agreements, as recommended by the County Administrative Officer
PLCaSCo

51.   Public hearing held to consider Application 07-0310, a proposal to convert the existing Alimur Mobile Home Park from a rental occupied park to an ownership park;

closed public hearing;

(1) determined that the presumption set forth in County Code Section 14.08.070(c)(2) applies to the proposed project, and that there is insufficient evidence in the record to rebut the presumption;

(2) determined that the findings for approval required by County Code Section 14.08.070 cannot be made in that the proposed mobile home park conversion is not a bona-fide resident conversion;

(3) denied Application Number 07-0310, based on the findings; and

(4) certified that the denial of the proposed project is exempted from further Environmental Review under Title 14 lCCR Section 15270 of the California Environmental Quality Act
LS(P)/CA/Co (Supervisor Pirie abstained because her husband represents the residents of Alimur Mobile Home Park)

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