Santa Cruz County Board of Supervisors Minutes: 6/2/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 14
Tuesday, June 2, 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.		RENUMBERED from the Consent Agenda, Item No. 18 became Item No. 61.1 on the Regular Agenda ADDED to the Regular Agenda, Item Nos. 68.1 and 73.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twenty-four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 5, 2009 and May 12, 2009, as recommended by the Clerk of the Board

8.   DELETED ITEM

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.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 70 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 - Sewer Service Charges

11.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 71 amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 - Water Service Charges

12.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. F-12 amending District Code Title 3, Article III, Chapter 3.08 - Sewer Service Charges

13.   REJECTED the claim of Megan Karlstrom, Claim No. 809-072, and referred to County Counsel

14.   ACCEPTED AND FILED Report on Transient Occupancy Tax Reviews performed during fiscal year 2008-2009, as recommended by the Auditor-Controller

15.   ACCEPTED AND FILED report in the successful implementation of the County's new payroll system, as recommended by the Auditor-Controller

16.   ACCEPTED AND FILED report on local emergency related to Swine Influenza A (H1N1) and found that there is a need to continue the local emergency, as recommended by the County Administrative Officer

17.   APPROVED a realignment of appropriations within several departments for 2008-2009 to meet year end obligations; approved transfer of funds; adopted RESOLUTION NO. 121-2009 accepting unanticipated revenue in the amount of $56,605 from Outside Agencies; and adopted RESOLUTION NO. 122-2009 accepting unanticipated revenue in the amount of $175,000 from the State of California and the University of California relating to the payment of attorney fees, as recommended by the County Administrative Officer

18.   SEE ITEM NO. 61.1 REGULAR AGENDA

19.   ACCEPTED AND FILED report on the effectiveness of recruiting and hiring processes in the District Attorney's Office, as recommended by the District Attorney and the Director of Personnel

20.   ADOPTED RESOLUTION NO. 123-2009 authorizing the District Attorney to sign and submit a joint powers agreement to the Victim Compensation and Government Claims Board in the amount of $861,216 for the period July 1, 2009 through June 30, 2012 and requested the District Attorney's Office to return on August 25, 2009 if any financial action is required, as recommended by the District Attorney

21.   ADOPTED RESOLUTION NO. 124-2009 authorizing the District Attorney to submit an application to the California Department of Insurance in the amount of $235,222 for the 2009-2010 Worker's Compensation Insurance Fraud Program, and approved related actions, as recommended by the District Attorney

22.   RATIFIED authorization for the District Attorney to sign a Certification of Assurance of Compliance and submit application to the California Emergency Management Agency (CalEMA) in the amount of $203,706 for the 2009-2010 Victim/Witness Assistance Program, as recommended by the District Attorney

23.   ADOPTED RESOLUTION NO. 125-2009 accepting and appropriating unanticipated revenue in the amount of $5,802 from the Sheriff's Department; authorized transfer of appropriations; approved contract amendment with United Fence Contractors, Inc. in the amount of $5,802 for the Rountree Complex Front Fencing Project; and approved related actions, as recommended by the Director of General Services

24.   AUTHORIZED the emergency replacement of the hot water storage tank, valves, and piping at the Santa Cruz County Main Jail; authorized transfer of appropriations in the amount of $6,280 from the Sheriff's Department; adopted RESOLUTION NO. 126-2009 accepting and appropriating funds in the amount of $6,280; authorized the Auditor-Controller to process the final payment of $31,818 to Geo. H. Wilson, Inc, and approved related actions, as recommended by the Director of General Services

25.   DEFERRED consideration of report on a work plan and recommended timetable for the issuance of a ballot measure for the organization and funding of County Service Area 48 and the development of a plan to increase engine staffing at all five stations to three-person staffing and directed staff to return on or before October 27, 2009, as recommended by the Director of General Services

26.   DIRECTED the General Services Director to formally notify the California Department of Forestry and Fire Protection (CAL FIRE), prior to June 30, 2009, of the County's conditional intention to contract for the same level of services in fiscal year 2010-2011, as recommended by the Director of General Services

27.   APPROVED contract in the amount of $16,500 with Tri-Power, Inc. for maintenance and repair of the County's telephone switch power supplies in fiscal year 2009-2010; and directed the Information Services Department to sign the contract, as recommended by the Director of Information Services

28.   APPROVED contract amendment with Redwood Toxicology, clarifying contract provision language, as recommended by the Chief Probation Officer

29.   ADOPTED RESOLUTION NO. 127-2009 authorizing grant application submittal in the amount of $40,000 for the Juvenile Accountability Block Grant funds (JABG) to provide anti-aggression behavior training, as recommended by the Chief Probation Officer

30.   APPROVED contract amendment with BI Incorporated increasing compensation by $8,000 to an amount not-to-exceed $24,000 for the juvenile electronic monitoring program in fiscal year 2008-2009 and approved related actions, as recommended by the Chief Probation Officer

31.   ADOPTED RESOLUTION NO. 128-2009 accepting and appropriating unanticipated revenue in the amount of $75,792 from the Small County and Rural Crime Trust funds; approved expenditures in the amount of $75,792 for the Records and Jail Management Systems, as recommended by the Sheriff-Coroner

32.   APPROVED revenue agreement in the amount of $93,888.02 with the Santa Cruz City School District to provide a School Resource Officer at the Soquel High School campus for the 2009-2010 school year, as recommended by the Sheriff-Coroner

33.   ADOPTED RESOLUTION NO. 129-2009 in support of Senate Bill 572 to annually proclaim May 22 as Harvey Milk Day, as recommended by Supervisor Coonerty

34.   ADOPTED RESOLUTION NO. 130-2009 opposing the suspension of Proposition 1A and approved related actions, as recommended by Supervisor Coonerty

35.   APPROVED appointment of A. John Daugherty, Jr. to the Commission on Disabilities for a term to expire April 1, 2013, as recommended by Supervisor Leopold

36.   SEE ITEM NO. 73.2 REGULAR AGENDA

37.   ACCEPTED nomination of Greg Harden for appointment to the Hazardous Materials Advisory Commission, as a representative of labor, for a term to expire April 1, 2013, with final appointment to be considered on June 9, 2009, as recommended by Chairperson Coonerty

38.   DIRECTED the Chairperson to send a letter in support of the Head Start and Early Start grant proposals being submitted by the Santa Cruz Community Counseling Center, as recommended by Chairperson Coonerty

39.   APPROVED revenue agreement with Central Coast Alliance for Health in the amount of $88,560 for Project Connect frequent emergency department user activities and approved related actions, as recommended by the Director of Health Services

40.   ADOPTED RESOLUTION NO. 131-2009 accepting unanticipated revenue in the amount of $486,030 from the State of California; adopted RESOLUTION NO. 132-2009 accepting unanticipated revenue in the amount of $3,000 from MAA funds; authorized the Director of Human Services to sign a contract amendment with the County Office of Education effective April 1, 2009 in the amount of $639,921 to increase youth employment services through September 30, 2009; authorized the Workforce Investment Board to pursue appropriate American Recovery and Reinvestment based grant opportunities through June 30, 2010 and to submit a grant proposal to the State of California to participate in a regional California Green Jobs Corps program; report back on the status of remaining Workforce Investment Act federal economic stimulus funding and associated recommendations during the 2009-2010 Budget Hearings, as recommended by the Director of Human Services

41.   APPROVED transfer of appropriations to meet year end obligations within the Categorical Aid, Social Services and General Assistance budgets, as recommended by the Director of Human Services

42.   AUTHORIZED the Planning Director to execute a contract amendment with RBF Consulting to reallocate funds within existing budget and provide for a budget increase in the amount of $27,612 to complete the Atkinson Lane Specific Plan and Planned Unit Development Project Environmental Impact Report and approved related actions, as recommended by the Planning Director
PL(Ca)SCo

43.   ADOPTED RESOLUTION NO. 133-2009 appointing Donald Hill, Registered Civil Engineer, as County Surveyor and approved related actions, as recommended by the Director of Public Works and the County Administrative Officer

44.   ADOPTED RESOLUTION NO. 134-2009 accepting and appropriating unanticipated revenue in the amount of $108,500 from the Redevelopment Agency for the Department of Public Works on-call traffic engineering services; authorized fund transfer in the amount of $142,989.75 from liquidation of Prior Year Encumbrances to Traffic Engineering Consultants, as recommended by the Director of Public Works

45.   ADOPTED RESOLUTION NO. 135-2009 approving submission of a grant application to seek funding from the AB 2766 grant program for the Highway 152/Holohan Road/College Road Pedestrian and Bicycle Improvement Project and appointed the Director of Public Works and the Department of Public Works as the administering agency applicant to execute and submit all documents for the subject program, as recommended by the Director of Public Works

46.   ADOPTED RESOLUTION NO. 136-2009 for right-of-way acquisition for the Boulder Creek Force Main Project, as recommended by the Director of Public Works

47.   ADOPTED RESOLUTION NO. 137-2009 for right-of-way acquisition for the 30th Avenue Improvement Project - Portola Drive to Brommer Street; approved payment of claim; made related findings and approved related actions, as recommended by the Director of Public Works

48.   APPROVED independent contractor agreement with AERC Recycling Solutions to provide transportation, recycling and disposal services for the Household Hazardous Waste Collection Program for the annual not-to-exceed amount of $25,000 and approved related action, as recommended by the Director of Public Works

49.   APPROVED organic herbicide, Wise Up, to be used in the Integrated Vegetation Management Program organic demonstration project and directed Public Works to return on or before December 8, 2009 with a report on the program results, as recommended by the Director of Public Works

50.   APPROVED the lane closure for the 27th Annual Santa Cruz Triathlon and directed Public Works to issue the event permit, as recommended by the Director of Public Works

51.   APPROVED the road closure for the Aptos 4th of July Parade and approved related action, as recommended by the Director of Public Works

52.   AUTHORIZED a one-time payment in the amount of $42,936.92 to Green Waste Recovery, Inc. for costs associated with the Food Waste Composting Pilot Program for fiscal year 2007-2008, as recommended by the Director of Public Works

53.   DEFERRED calling for bids for the East Zayante Road Storm Damage Repair project and directed Public Works to return on or before August 11, 2009, with a status report on the subject project, as recommended by the Director of Public Works

54.   APPROVED amendments to agreements for the Simpkins Swim Center Project with Green Valley Corporation dba Barry Swenson Builder in the amount of $280,399; with Sugimura Finney Architects in the amount of $35,483; and with Strategic Construction Management in the amount of $37,500; and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the funding of the contract amendment with RBF Consulting in the amount of $27,612 to complete the EIR for the Atkinson Lane Specific Plan/Master Plan project and authorized the Planning Director to take related actions, as recommended by the Planning Director

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED a funding commitment of $2,384,948 of Redevelopment Agency Housing Funds to the Mid Peninsula Housing Coalition for the Minto Place Affordable Housing Project; adopted RESOLUTION NO. 138-2009 concerning the RDA's funding commitment to the project; and approved related action, as recommended by the Planning Director
PL(Ca)SCo

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $30,000 for the cost of the acquisition of a land and easement agreement for the 30th Avenue Improvement Project and approved related actions, as recommended by the Redevelopment Agency Administrator

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $108,500 for a portion of the cost of Department of Public Works contract with Fehr & Peers Transportation Consultants and approved related actions, as recommended by the Redevelopment Agency Administrator

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $353,382 for the cost of construction and design contract amendments for the Simpkins Swim Center Renovations Project; adopted RESOLUTION NO. 139-2009 accepting unanticipated revenue in the amount of $106,052 from Capital Bond Proceed Reserves for the Simpkins Family Swim Center Renovation Project; and approved related actions, as recommended by the Redevelopment Agency Administrator

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED funding to support a housing rental subsidy program for the Willowbrook Board and Care facility and approved related actions, as recommended by the Planning Director

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organization: All Bargaining Units

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

61.1.   CONSIDERED report of Campaign Contribution Advisory Committee; and considered adoption of ordinance amending Chapter 8.04 of the Santa Cruz County Code relating to campaign financial disclosures;

(1) ACCEPTED AND FILED report of Campaign Contribution Advisory Committee; and (2) approved "in concept" ordinance amending Chapter 8.04 of the Santa Cruz County Code relating to campaign financial disclosures to return on June 9, 2009 for final adoption
PLCaSCo

62.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held on the 2009-2010 Davenport County Sanitation District sewer and water service charge report;

(1) opened public hearing, to hear objections or protests, to the 2009/2010 sewer and water service charge report for Davenport County Sanitation District;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 140-2009 Confirming the 2009/2010 Sewer and Water Service Charge Report for Davenport County Sanitation District
CaPLSCo

63.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on the 2009-2010 Freedom County Sanitation District sewer service charge report;

(1) opened public hearing, to hear objections or protests, to the 2009/2010 sewer service charge report for the Freedom County Sanitation District;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 141-2009 Confirming the 2009/2010 Sewer Charge Report for the Freedom County Sanitation District
LPCaSCo

64.   Public hearing held on the proposed 2009-2010 sewer and miscellaneous service charge reports for Sanitation County Service Area No. 2-Place De Mer and County Service Area No. 10 - Rolling Woods;

(1) opened public hearing, to hear objections or protests, to the proposed 2009/2010 service charge report for CSA No. 2-Place de Mer and CSA No. 10- Rolling Woods;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 142-2009 Confirming the Service Charge Reports for County Service Area No. 2-Place de Mer and County Service Area No. 10-Rolling Woods
PLCaSCo

65.   Public hearing held on the proposed 2009-2010 sewer service charge reports for Sanitation County Service Area (CSA) No. 5 - Sand Dollar Beach and Canon Del Sol; CSA No. 7 - Boulder Creek; CSA No. 20 - Trestle Beach; and CSA No. 57S - Graham Hill (Woods Cove);

(1) opened public hearing, to hear objections or protests, to the proposed 2009/2010 service charge report for CSA No. 5-Sand Dollar Beach and Canon del Sol, CSA No. 7-Boulder Creek, CSA No. 20-Trestle Beach, and CSA No. 57S-Graham Hill (Woods Cove);

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 143-2009 Confirming the Service Charge Reports for CSA No. 5-Sand Dollar Beach and Canon del Sol, CSA No. 7-Boulder Creek, CSA No. 20-Trestle Beach, and CSA No. 57S-Graham Hill (Woods Cove)
PSLCaCo

66.   Presentation made recognizing the outstanding efforts of Emergency Medical Services Providers in Santa Cruz County

67.   Public hearing held for the proposed 2009-2010 benefit assessment/service reports for various County Service Areas;

(1) opened public hearing, to hear objections or protests, to the proposed 2009/2010 benefit assessment/service charge reports for the various county service areas;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 144-2009 Confirming the Benefit Assessment/Service Charge Reports for the 2009/2010 Fiscal Year for Various County Service Areas
PLCaSCo

68.   Public hearing held to consider appointment of County Road Commissioner;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 145-2009 Appointing John J. Presleigh to the position of Road Commissioner
CaPLSCo

68.1.   Public hearing held to consider the County Service Area (CSA) 53N - North County Mosquito and Disease Control Assessment, the CSA 53 - South County Mosquito Abatement/Vector Control Assessment, and the supplemental CSA 53S - South County Mosquito and Disease Control Assessment service charge reports for fiscal year 2009-2010;

(1) opened public hearing, to hear objections or protests, to the proposed 2009/2010 benefit assessment/rate report for North and South County Mosquito and Disease Control Assessments and Mosquito Abatement/Vector Control Assessment for County Service Area No. 53;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 146-2009 Confirming the Benefit Assessment/Rate Reports for County Service Area No. 53 for Fiscal Year 2009/2010
SPLCaCo

69.   Continued public hearing to consider the Planning Commission recommendation regarding proposed amendments to the County Code relating to Planned Unit Developments;

(1) completed the public hearing on the proposed amendments to the Planned Unit Development (PUD) Ordinance;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 147-2009 approving the proposed amendments to the Planned Unit Development (PUD) Ordinance, as a Local Coastal Program amendment;

(4) ADOPTED ORDINANCE NO. 5044 amending the Planned Unit Development (PUD) Ordinance to be effective outside the Coastal Zone on the 31st day after adoption, and effective inside the Coastal Zone upon Coastal Commission certification;

(5) certified the CEQA Negative Declaration; and

(6) directed staff to submit the ordinance amendments tot he Coastal Commission, as part of the next Coastal "Rounds" package
LSPCaCo

70.   CONSIDERED Ordinance amending Chapter 2.98 of the County Code, adding a second Assessment Appeals Board and related actions;

approved "in concept" ordinance amending various sections of Chapter 2.98 of the Santa Cruz County Code Relating to the Establishment of a Second Assessment Appeals Board to return on June 9, 2009 for final adoption
LSPCaCo

71.   APPROVED appointment of David Pais to the Hazardous Materials Advisory Commission, as an at-large representative of industry, for a term to expire April 1, 2013
LCaPSCo

72.   APPROVED appointment of Cheryl Johnson to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2010
PLCaSCo

73.   CONSIDERED recommendations to clarify the role of the Building, Accessibility, and Fire Code Appeals Board;

No Action Taken; see action on Item No. 73.1

73.1.   CONSIDERED taking action to have the Board of Supervisors assume the duties of the Building, Accessibility, and Fire Code Appeals Board by removing the existing members of the board and adopting an ordinance in concept;

(1) assumed responsibility to act as the local appeals board under Health and Safety Code Section 17920.5 by removing the existing members of the Building, Accessibility, and Fire Code Appeals Board pursuant to subdivision C of Section 2.38.100 (requires 4/5ths vote; and

(2) approved "in concept" ordinance repealing the establishment of the Building, Accessibility, and Fire Code Appeals Board as recommended by the County Administrative Officer and County Counsel to return on June 9, 2009 for final adoption
LPCaSCo

73.2.   ACCEPT notification of an at-large vacancy on the Building, Accessibility and Fire Code Appeals Board, for a representative with knowledge about issues related to accessibility for persons with disabilities, with nominations to be received on June 16, 2009, and final appointment to be considered on June 23, 2009, as recommended by Chairperson Coonerty;

No Action Taken; see action on Item No. 73.1

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