Santa Cruz County Board of Supervisors Minutes: 3/16/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 7
Tuesday, March 16, 2010

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. 47.1 CORRECTION to the Closed Session Agenda, item no. 48: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation to be considered pursuant to subdivision (b) of Government Code section 54956.9 for two potential cases
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 February 23, 2010 and March 02, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 25, 2010 through March 10, 2010, and approved upon adoption of the 2009-2010 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 claim of Alison Perez, Claim No. 910-065, and referred to County Counsel

11.   REJECTED claim of Kenneth Beard, Claim No. 910-066, and referred to County Counsel

12.   REJECTED claim of Kent and Cathy Schlumbrecht, Claim No. 910-067, and referred to County Counsel

13.   REJECTED claim of Karen Klyman, Claim No. 910-068, and referred to County Counsel

14.   AUTHORIZED the Auditor to issue a replacement warrant in the amount of $102.74 to replace a specified uncashed and staledated warrant, as recommended by the Auditor-Controller

15.   ACCEPTED AND FILED report and found there is a need to continue the state of emergency relative to the Swine Influenza A (H1N1), as recommended by the County Administrative Officer

16.   ADOPTED RESOLUTION NO. 35-2010 accepting and appropriating unanticipated revenue in the amount of $48,000 from the California Witness Relocation and Protection Program (CAL WRAP); approved transfer of CAL WRAP appropriations and revenues from supplies and services to other charges; approved transfer of funds in the amount of $46,400 from salaries to professional and special services in the District Attorney's budget, as recommended by the District Attorney

17.   SEE ITEM NO. 54.1 REGULAR AGENDA

18.   ADOPTED RESOLUTION NO. 36-2010 accepting and appropriating unanticipated revenue in the amount of $30,000 from the Pajaro Valley Unified School District and $9,000 from Federal Title IV-E for Probation case management services; approved a revenue agreement in the amount of $30,000 with the Pajaro Valley Unified School District for early intervention services to at-risk youth; and approved related action, as recommended by the Chief Probation Officer

19.   ADOPTED RESOLUTION NO. 37-2010 accepting and appropriating unanticipated revenue in the amount of $238,641 from American Reinvestment and Recovery Act (ARRA) funds and $55,000 from the Pre-Trial/Work Furlough Electronic Monitoring Program; approved contract with Community Action Board in the not-to-exceed amount of $30,798, with the Volunteer Center of Santa Cruz in the not-to-exceed amount of $47,096, and with BI Incorporated in the not-to-exceed amount of $55,000; and approved related action, as recommended by the Chief Probation Officer

20.   AUTHORIZED the Chief Probation Officer to submit grant application for the California Risk Assessment Pilot Project and approved related actions, as recommended by the Chief Probation Officer

21.   DEFERRED the jail overcrowding and alternatives status report to May 25, 2010, as recommended by the Chief Probation Officer and the Sheriff-Coroner

22.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending February 28, 2010, as recommended by the Treasurer-Tax Collector

23.   APPROVED proposed addition to the County of Santa Cruz 2010 Investment Policy, as recommended by the Treasurer-Tax Collector

24.   APPROVED appointment of Isaac W. Shikuma to the Fish and Game Advisory Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

25.   ACCEPTED nomination of Steve Blackstone for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2010, with final appointment to be considered on March 23, 2010, as recommended by Supervisor Coonerty

26.   ADOPTED RESOLUTION NO. 38-2010 supporting the passage of Assembly Bill 2138, relating to waste reduction, and take necessary action, as recommended by Supervisor Coonerty

27.   ADOPTED RESOLUTION NO. 39-2010 supporting the California State Parks Initiative and approved related action, as recommended by Supervisor Coonerty

28.   APPROVED appointment of Dinah V. Sapia to the Women's Commission for a term to expire April 1, 2013, as recommended by Supervisor Leopold

29.   ACCEPTED AND FILED annual report of the Commission on the Environment and approved related action, as recommended by Chairperson Campos

30.   ACCEPTED AND FILED annual report of the Environmental Health Appeals Commission, as recommended by Chairperson Campos

31.   ACCEPTED AND FILED annual report of the On-site Sewage Disposal Technical Advisory Committee, as recommended by Chairperson Campos

32.   ACCEPTED nomination of Cecilia Espinola, Rama Khalsa, Michael C. Watkins, and Supervisor Mark W. Stone for reappointment to the First 5 Commission, as at-large representatives, for terms to expire April 1, 2011, with final appointment to be considered on March 23, 2010, as recommended by Chairperson Campos

33.   ACCEPTED notification of an at-large vacancy on the Child Care Planning Council for a representative of Category 5 (discretionary appointee), with nominations for appointment to be received on April 13, 2010, as recommended by Chairperson Campos

34.   ACCEPTED notification of an at-large vacancy on the Housing Authority Board of Commissioners, for a tenant representative, with nominations for appointment to be received on April 13, 2010, and final appointment to be considered on April 20, 2010, as recommended by Chairperson Campos

35.   ADOPTED RESOLUTION NO. 40-2010 accepting and appropriating unanticipated revenue in the amount of $24,484 from the In Lieu Housing Fund and $23,728 from local jurisdictions; approved cost proposal for the Emergency Winter Shelter Program; approved amendment to the 2009-2010 contract with the Homeless Services Center, increasing the amount by $38,368 for winter shelter facilities; approved amendment to the 2008-09 contract with the Homeless Services Center in the amount of $9,844; approved the transfer of $24,484 from the In Lieu Housing Fund; and approved related actions, as recommended by the Director of Human Services

36.   AUTHORIZED the Planning Director to appropriate $24,484 from the County's In Lieu Housing Fund to support the County's share of costs for the Winter Shelter Program, as recommended by the Planning Director

37.   ACCEPTED AND FILED report on the Cabrillo College Pedestrian Overcrossing and directed Public Works to return on or before August 24, 2010 for approval to advertise a request for proposals to prepare a seismic stability analysis, as recommended by the Director of Public Works

38.   ACCEPTED AND FILED report on the 2010 Seacliff Drive Culvert Replacement Project and directed staff to return on April 13, 2010 with an emergency project status update, as recommended by the Director of Public Works

39.   ADOPTED RESOLUTION NO. 41-2010 accepting and appropriating unanticipated revenue in the amount of $12,487 from the Federal Emergency Management Agency and $7,439 from the California Emergency Management Agency for storm damage repairs to County Service Area No. 51 - Hopkins Gulch Road during the 2005-2006 storms and the October 2009 storm, as recommended by the Director of Public Works

40.   ADOPTED RESOLUTION NO. 42-2010 setting Tuesday, May 4, 2010 at 9:00 a.m. or thereafter as the date and time for a public hearing on the proposed increase in sewer service charges for County Service Area (CSA) No. 2 - Place de Mer, CSA No. 5 - Sand Dollar and Canon del Sol, CSA no. 7 - Boulder Creek, CSA No. 10 - Rolling Woods, and CSA No. 57S - Graham Hill (Woods Cove); approved the notice of hearing on the proposed 2010-2011 increase for sewer service charges and directed Public Works to mail the notice to all affected property owners, as recommended by the Director of Public Works

41.   APPROVED agreement with the Scotts Valley Unified School District (SVUSD) for sewer connection at Brook Knoll Elementary School; adopted RESOLUTION NO. 43-2010 accepting and appropriating unanticipated revenue in the amount of $44,864 and approved related actions, as recommended by the Director of Public Works

42.   APPROVED Program Supplement Agreement for $2,244,125 in revenue for reimbursement for construction and construction engineering for the 2010 American Recovery and Reinvestment Act (ARRA) Cape Seal Project; adopted RESOLUTION NO. 44-2010 authorizing execution of a Program Supplement to the County-State Agreement and approved related action, as recommended by the Director of Public Works

43.   AUTHORIZED expenditure of $1,000 from Public Works to Ecology Action for the continued development of the Santa Cruz County Environmental Website Project, as recommended by the Director of Public Works

44.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED public hearing for Tuesday, May 4, 2010 at 9:00 a.m. or thereafter, to consider adoption in concept of ordinances amending District Code for 2010-2011 water and sewer service charges; approved notice of public hearing and directed Public Works to mail the notice to all affected property owners at least 45 days prior to the hearing; adopted RESOLUTION NO. 45-2010 accepting and appropriating unanticipated revenue in the amount of $520,000 from the Community Development Block Grant for the Davenport Water Main Rehabilitation Project, as recommended by the District Engineer

45.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, SCHEDULED public hearing on Tuesday, May 4, 2010 at 9:00 a.m. or thereafter, to consider adoption of an ordinance amending District Code for sewer service charges for 2010-2011 in the Freedom County Sanitation District and approved related action, as recommended by the District Engineer

46.   APPROVED payment of $5,600 from the Carbonera Park Dedication District to the Santa Cruz County's Horseman's Association for a public access project at the Graham Hill Showgrounds, as recommended by the Director of Parks, Open Space, and Cultural Services

47.   SEE ITEM NO. 54.2 REGULAR AGENDA

47.1.   SEE ITEM NO. 54.3 REGULAR AGENDA

48.   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 County Employee Organizations and Associations

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Friends of Aptos Creek v. County of Santa Cruz, Board of Supervisors of the County of Santa Cruz, John Miller, Brooks Properties, LLC, William Brooks, and DOES 1-30, Santa Cruz Superior Court Case No. CV162316

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code section 54956.9 for two potential cases

AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD,

CONFERENCE WITH LABOR NEGOTIATOR

In-Home Supportive Services Public Authority Negotiator: Director of Human Services

Employee Organization: In-Home Supportive Services Public Authority Employees

REPORT OF COUNTY COUNSEL - The Board of Supervisors has directed County Counsel to initiate litigation against particular parties that will be identified upon inquiry once the action has been filed.

REGULAR AGENDA

49.   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 7, to convene and carry out a regularly scheduled meeting

50.   Public hearing held to consider amendment to the 2009 Community Development Block Grant (CDBG) Program Design and to announce the 2010 CDBG Program Cycle;

(1) opened the Program Design Public Hearing for discussion of the CDBG (Community Development Block Grant) program, including the General Allocation, the Economic Development Allocation, and the Planning and Technical Assistance Allocation programs;

(2) received public comment regarding suggestions for potential projects for CDBG funding in 2010 and closed public hearing;

(3) directed staff to return with recommendation regarding eligible projects for the various CDBG programs for your Board's consideration, as funds become available trough the CDBG program allocations;

(4) directed the Planning Department and the Clerk of the Board to schedule and notice the Application Submittal Public Hearing for the General Allocation grant program, upon release of the NOFA for that program; and

(5) CONTINUED public hearing to March 23, 2010 consideration of a resolution authorizing the transfer of $49,500 from the Davenport Water Supply Pipeline Upgrade Project (DPW) component of the 2009 CDBG Project budget to general Grant Administration
SCoLPCa

51.   Public hearing held to consider parking maintenance and operating charges for the Soquel Village Parking and Business Improvement Area for the fiscal year 2010-2011;

(1) conducted public hearing on the proposed Soquel Village Parking and Business Improvement Area assessment charges for the 2010-2011 fiscal year;

(2) closed public hearing;

(3) accepted and filed the Annual Report of the Soquel Village Parking and Business Improvement Area Advisory Board;

(4) ADOPTED RESOLUTION NO. 46-2010 of Intention to Establish Parking Improvement Charges for the 2010-2011 Fiscal Year; and

(5) directed the Redevelopment Agency to provide the participants in the improvement area with legal notice of the Resolution of Intention to Establish Parking Improvement Charges for the 2010-2011 Fiscal Year
LPCoSCa

52.   CONSIDERED Ordinance revising Chapter 2.120 of the Santa Cruz County Code relating to the Fire Department Advisory Commission; approved ordinance presented on page 359, with the following change: Section 1 subsection B is modified to read, 'Each supervisor shall nominate one person who may reside within the supervisor's district and shall reside within the jurisdiction of the county fire department, except for the fourth district supervisor's nominee.'
SCoLPCa

53.   CONSIDERED Ordinance revising Chapter 2.64 of the Santa Cruz County Code to rename the Mobile Home Commission as the Mobile and Manufactured Home Commission;

approved "in concept" ordinance revising Chapter 2.64 of the Santa Cruz County Code to rename the Mobile Home Commission as the Mobile and Manufactured Home Commission to return on March 23, 2010 for final adoption

LSPCoCa

54.   APPROVED appointment of Aaron Garfinkel to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2012
PSLCoCa

54.1.   DEFERRED status report on the Santa Cruz Veteran's Memorial Building and directed General Services and Parks staff to return on March 23, 2010 with a status report on the repair project, as recommended by the Director of General Services
CoLPSCa

54.2.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DIRECTED the Redevelopment Agency Administrator to develop a pilot program outlining the steps and costs associated with implementing a Leadership in Our Neighborhoods (LION) initiative, for consideration by the Board during budget hearings in June, as recommended by Supervisor Leopold
LPCoSCa

54.3.   CONTINUED consideration of a resolution establishing the Santa Cruz County Artificial Turf Committee to April 20, 2010; and directed Parks, Open Space and Cultural Services Director to cancel any existing contracts for artificial turf design
LPCoSCa

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