Santa Cruz County Board of Supervisors Minutes: 6/9/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 15
Tuesday, June 9, 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.		Supervisor Campos absent
2.		Moment of Silence and Pledge of Allegiance
3.		RENUMBERED from the Consent Agenda, Item No. 18 became Item No. 56.1 on the Regular Agenda
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.   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.   ADOPTED ORDINANCE NO. 5045 amending Chapter 8.04 of the Santa Cruz County Code relating to the control of election campaign contributions

11.   ADOPTED ORDINANCE NO. 5046 amending sections 2.98.010, 2.98.020, 2.98.040, and 2.98.050 of the Santa Cruz County Code relating to the establishment of a second Assessment Appeals Board

12.   SEE ITEM NO. 57.3 REGULAR AGENDA

13.   REJECTED the claim of Scott Sherman, Claim No. 809-075, and referred to County Counsel

14.   REJECTED the claim of Ethan Shenkman, Claim No. 809-076, and referred to County Counsel

15.   REJECTED the claim of San Jose Mercury News (attn: Marshall Anstandig), Claim No. 809-079, as insufficiently filed, and referred to County Counsel

16.   REJECTED the claim of City of Santa Cruz, Claim No. 809-080, and referred to County Counsel

17.   REJECTED the claim of Frank and Nancy Walraven, Claim No. 809-082, and referred to County Counsel

18.   SEE ITEM NO. 56.1 REGULAR AGENDA

19.   AUTHORIZED the Auditor-Controller to work with the Department of Child Support Services to pre-pay rent costs so that expense may be claimed on a cash basis for 2008-2009, as recommended by the Director of Child Support Services

20.   SEE ITEM NO. 57.1 REGULAR AGENDA

21.   AUTHORIZED the payment of $4012.50 to attorney Steven Wright for indigent defense services, as recommended by the County Administrative Officer

22.   ADOPTED RESOLUTION NO. 148-2009 authorizing the District Attorney to sign and submit agreement with the Victim Compensation and Government Claims Board for Victim/Witness Assistance Center's Funeral/Burial and Domestic Violence Relocation Revolving Fund for the period July 1, 2009 through June 30, 2011, as recommended by the District Attorney

23.   APPROVED amendment to agreement with RRM, Inc., for extraction well system installation at the Fleet Operations Center and approved related actions, as recommended by the Director of General Services

24.   APPROVED amendment to agreement with Corporate Express to reflect the change in corporate name to Staples, Inc; approved extension of existing office supplies contract with Corporate Express/Staples for up to an additional six-month period through December 31, 2009, as recommended by the Director of General Services

25.   AUTHORIZED the County Fire Chief to sign the Matching Funds agreements for 2008-2009 for fire service equipment and approved related actions, as recommended by the Director of General Services

26.   AUTHORIZED the emergency repair of the fire alarm system at the County Government Center and authorized the Auditor Controller to process payment in an amount not-to-exceed $36,657 to First Alarm, as recommended by the Director of General Services

27.   AUTHORIZED submission of grant applications to the Monterey Bay Unified Air Pollution Control District for four projects to reduce vehicle emissions totaling $369,400, as recommended by the Director of General Services

28.   AWARDED contract to Monterey Peninsula Engineering in the amount of $133,523 for the Anna Jean Cummings Park Parking Lot Expansion Project and approved related actions, as recommended by the Director of General Services

29.   ACCEPTED AND FILED the 2008-2009 Equal Employment Opportunity Annual Report, as recommended by the Director of Personnel and the Equal Employment Opportunity Officer

30.   AUTHORIZED the Chief Probation Officer to submit a proposal for funding under the Office of Juvenile Justice and Delinquency Prevention Fiscal Year 2009 Second Chance Juvenile Mentoring Initiative, as recommended by the Chief Probation Officer

31.   AUTHORIZED the Chief Probation Officer to submit a proposal for funding under the Office of Juvenile Justice and Delinquency Prevention Fiscal Year 2009 Gang Prevention Youth Mentoring Program, as recommended by the Chief Probation Officer

32.   APPROVED gross pay adjustments for two Corrections employees in the amount of $4,240.03, as recommended by the Sheriff-Coroner

33.   AUTHORIZED the Sheriff-Coroner to submit an application to the Monterey Bay Unified Air Pollution Control District for the Motor Vehicle Emission Reduction Grant Program to purchase two electric vehicles in the amount of $16,000 to be used at Cabrillo College, as recommended by the Sheriff-Coroner

34.   APPROVED appointment of Taylor Dial to the Housing Advisory Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

35.   ACCEPTED nomination of Jeff Trapp for appointment to the Hazardous Materials Advisory Commission, as an at-large representative in the category of fire protection, for a term to expire April 1, 2013, with final appointment to be considered June 16, 2009, as recommended by Supervisor Stone

36.   ADOPTED RESOLUTION NO. 149-2009 in opposition to the Governor's proposal to close most of California State Parks and directed the Chairperson to send a letter to the Governor stating our objection to this proposal, as recommended by Supervisor Stone

37.   AUTHORIZED payment to Dominican Hospital for inpatient physicians services in the amount of $75,000, as recommended by the Director of the Health Services Agency

38.   ACCEPTED AND FILED the fiscal year 2008-2009 annual report on Community Programs, as recommended by the Director of Human Services

39.   SEE ITEM NO. 57.2 REGULAR AGENDA

40.   APPROVED the use of Zayante Sandhills Conservation Bank credits to mitigate for 4,413 square feet of impact to the Zayante Sandhills Habitat caused by the construction of accessibility improvements at the Salvation Army Camp in Scotts Valley, as recommended by the Planning Director

41.   SCHEDULED public hearing on Tuesday, August 11, 2009, at 9:00 a.m. or thereafter, to consider Coastal Commission suggested modifications to density bonus ordinance amendments and related action, as recommended by the Planning Director

42.   ACCEPTED the improvements and approved the final cost of $238,026.81 for the 2008 Sidewalk Infill South Rodeo Gulch Road, 24th Avenue, 7th Avenue, Portola Drive, Paul Sweet Road and Soquel Drive Project and approved related action, as recommended by the Director of Public Works

43.   ACCEPTED the improvements and approved the final cost of $37,964 for the Pinecrest Drive County Service Area No. 46 Road Repair Project and approved related action, as recommended by the Director of Public Works

44.   APPROVED independent contractor agreement with Cascadia Consulting Group in an amount not-to-exceed $63,420 for a waste characterization study to identify composition and source of refuse entering the County landfill; approved agreement with the City of Scotts Valley and the County of Santa Cruz for partnership in the waste characterization study; and authorized the Director of Public Works to waive disposal fees for users of the County disposal facilities for self-hauled disposal loads selected for the study; and approved related actions, as recommended by the Director of Public Works

45.   APPROVED the independent contractor agreement with Haro, Kasunich Associates Inc. in the not-to-exceed amount of $33,976 to conduct a geotechnical investigation for the Cabrillo College Drive Improvement Project, Park Avenue to Twin Lakes Baptist Church; made findings; and approved related actions, as recommended by the Director of Public Works

46.   DIRECTED Public Works to return with a new Request for Proposals to solicit new concrete crushing and grinding services on or before August 18, 2009, as recommended by the Director of Public Works

47.   ADOPTED RESOLUTION NO. 150-2009 scheduling public hearing on Tuesday, August 4, 2009 at 9:00 a.m. or thereafter, to consider the benefit assessment/service charge report for County Service Area 9E - Streetscape Maintenance and directed the Clerk of the Board to take related action, as recommended by the Redevelopment Agency Administrator

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $146,876 for the cost of construction of the Anna Jean Cummings Park Parking Lot Expansion Project and approved related actions, as recommended by the Redevelopment Agency Administrator

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $36,863.96 for the cost of a contract with Haro Kasunich Associates, Inc. for geotechnical engineering services for the Cabrillo College Drive Improvement Project, as recommended by the Redevelopment Agency Administrator

50.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT, SCHEDULED a closed personel and litigation session as follows:

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: All Bargaining Units

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

City of Scotts Valley v. County of Santa Cruz, et al., Santa Cruz Superior Court No. CV157460

UACC Midwest, Inc. and United Cable Television of Santa Cruz, Inc. v. City of Santa Cruz, County of Santa Cruz, Northern District Federal Court No. C-84-7546 SI

REPORT OF COUNTY COUNSEL - The Board of Supervisors unanimously voted to take an appeal from the City of Scotts Valley v. County of Santa Cruz, et al., Santa Cruz Superior Court No. CV157460, this appeal will be taken from the decision made from the San Mateo County Superior Court

REGULAR AGENDA

51.   Public hearing held to consider County Service Area (CSA) 4 and CSA 48 fire protection assessment service charge reports for fiscal year 2009-2010;

(1) opened public hearing, to hear objections or protests, to the proposed CSA 4 and CSA 48 2009/2010 Service Charge Reports;

(2) closed public hearing and ADOPTED RESOLUTION NO. 151-2009 confirming Service Charge Reports for County Service Areas No. 4, Pajaro Dunes Fire and No. 48, County Fire
SPLCaCo

52.   Public hearing held to consider approval of resolution establishing the 2009-2010 assessment/service charges and confirming the proposed 2009-2010 assessment/service charge reports for County Service Area No. 12 - Wastewater Management;

(1) opened the public hearing to hear objections or protests to the proposed benefit assessments/service charges and the proposed 2009-10 assessment/service charge reports for County Service Area No. 12, Wastewater Management;

(2) closed public hearing; ADOPTED RESOLUTION NO. 152-2009 establishing the 2009-10 assessments/service charges; and ADOPTED RESOLUTION NO. 153-2009 confirming the proposed 2009-10 assessment/service charge reports for County Service Area No. 12, Wastewater Management
LPCaSCo

53.   Public hearing held to consider the recommendation of the Planning Commission regarding the Planned Unit Development (PUD) Permit, Riparian Exception, Rezoning, and General Plan Amendment for Assessor's Parcel Numbers 048-211-25 and 048-221-09 (Atkinson Lane Housing Site), and to consider the certification of an Environmental Impact Report (EIR) prepared for the proposed project;

(1) closed public hearing;

(2) ADOPTED RESOLUTION NO. 154-2009 certifying the adequacy of the EIR;

(3) approved the Planned Unit Development Permit, Development Permit, Riparian Exception, and CEQA Findings;

(4) ADOPTED RESOLUTION NO. 155-2009 approving the General Plan Amendments and Riparian Exception;

(5) ADOPTED ORDINANCE NO. 5047 rezoning Assessor's Parcel Number 048-211-25 and 048-221-09 to RM-2-R;

(6) ADOPTED ORDINANCE NO. 5048 granting a Planned Unit Development as allowed by Santa Cruz County Code relating to establishment of Development Standards for APNS: 048-211-25 and 048-221-09;

(7) directed staff to file the Notice of Determination with the Clerk of the Board; and

(8) directed staff to include the General Plan amendments as part of the next "Round" of General Plan amendments for 2009
PL(Ca)SCo

54.   Public hearing held to consider Application Number 09-0062 (County of Santa Cruz for BK Properties LP), to amend the General Plan land use designation, and rezone the property;

(1) closed public hearing;

(2) certified the Categorical Exemption as complying with the requirements of the California Environmental Quality Act;

(3) ADOPTED RESOLUTION NO. 156-2009 amending the County General Plan that changes the land use of the property indicated from the R-UVL land use designation to the R-UM & O-U land use designations;

(4) ADOPTED ORDINANCE NO. 5049 amending Chapter 13.10 of the Santa Cruz County Code that rezones the property indicated from the R-1-1AC zone district to the RM-4 zone district; and

(5) approved Application No. 09-0062 to rescind Subdivision, Residential Development Permit, Riparian Exception and Roadway/Roadside Exception approvals issued under Application No. 06-0651
SPLCaCo

55.   Study session held on the proposed 2009-2010 Capital Improvement Program (CIP);

(1) continued consideration of the CIP to the individual departmental budget hearings; and

(2) directed the Public Works Department to present a Final 2009/2010 Capital Improvement Program, incorporating all changes adopted as part of the 2009/2010 budget hearings in CIP related budget appropriations, on or before December 15, 2009
PLCaSCo

56.   APPROVED appointment of Greg Harden to the Hazardous Materials Advisory Commission, as a representative of labor, for a term to expire April 1, 2013
CaLPSCo

56.1.   AUTHORIZED the Auditor-Controller to proceed with necessary actions to secure the 2009-2010 Tax and Revenue Anticipation Notes not-to-exceed a total of $50,000,000; adopted RESOLUTION NO. 157-2009 authorizing the sale of 2009-2010 Tax and Revenue Anticipation Notes, as recommended by the Auditor-Controller
LPCaSCo

57.   CONTINUED public hearing to consider the recommendation of the Planning Commission regarding the Planned Unit Development Permit, Coastal Development Permit, Rezoning, Local Coastal Program Land Use Plan/General Plan Amendment, and amendment to the Seacliff Village Plan for Assessor's Parcel Number 042-011-06 (Poor Clares Housing Site);

Closed public hearing;

MOTION made to: (1) approve the rezoning of four acres for senior housing and direct staff to return on June 16, 2009 with revised documents for the board's approval;

(2) direct staff to add findings concerning a need for senior housing and add supportive services to the Conditions of Approval and to work with Dominican financially to ensure that this property if built will be a high quality project;

(3) direct staff to review the Conditions of Approval in light of the housing being occupied by seniors and to add supportive services to those conditions; (4) to clarify the language requiring a sidewalk on the east side of State Park Drive between the access road into Poor Clares and Center Street in Seacliff; and

(5) NO ACTION TAKEN on the six acre site at this time other than to refer it back to staff and Dominican to ask that they begin discussion with the community.
PCoL(Ca)s Supervisor Campos abstained due to a conflict of interest

57.1.   ACCEPTED AND FILED annual report on the Integrated Pest Management Program, as revised; approved recommendation to amend the Integrated Pest Management Policy; and directed the County Administrative Officer to return in June 2010 with the annual 2009 Integrated Pest Management Program Report
CaPLSCo

57.2.   ACCEPTED AND FILED status report on the Green Building Program; directed staff to return on September 22, 2009 with a proposed Green Building Ordinance, based on the approach outlined in the report of the Planning Director dated May 20, 2009, and additional recommendations with regard to implantation and fees; and approved related actions, as recommended by the Planning Director
LCaPSCo

57.3.   ADOPTED ORDINANCE NO. 5050 repealing Chapter 2.100 and section 12.12.080; and amending sections 7.92.108.1, 12.10.150; subdivision (b) of section 12.10.215; 12.10.435; 12.12.010; 12.12.020; and 12.12.050 of the Santa Cruz County Code relating to the hearing of building, accessibility, and fire code appeals
SLPCaCo

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