Santa Cruz County Board of Supervisors Minutes: 5/4/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 12
Tuesday, May 4, 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. 46.1 ADDED Closed Session Agenda, Item No. 46.2, Request to Add Late Item to the Executive Session, It is requested that the Board of Supervisors determine, by a four-fifths vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case REPORT OF COUNTY COUNSEL - will be given at the conclusion of the closed session on any reportable action(s) taken in closed session
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of April 13, 2010 and April 20, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 8, 2010 through April 28, 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 Barry and Joyce Vissell, Claim no. 910-081, and referred to County Counsel

11.   REJECTED claim of Center for Natural Lands Management, Claim no. 910-082, and referred to County Counsel

12.   REJECTED claim of Robert Quintero, Claim no. 910-083, and referred to County Counsel

13.   REJECTED claim of Sandra Larson, Claim no. 910-084, and referred to County Counsel

14.   ACCEPTED the County Administrative Officer's budget for the County of Santa Cruz for fiscal year 2010-2011 as the basis for deliberations during budget hearings; set Monday, June 14, 2010 as the date to begin public hearings on the proposed budget and approved related actions, as recommended by the County Administrative Officer

15.   ACCEPTED AND FILED report regarding 2009-2010 furloughs; approved implementation of furloughs in various bargaining units for 2010-2011; canceled cost of living (COLA) increases for unrepresented employees including Elected Officials, County Counsel Attorneys, District Attorneys and Child Support Attorneys that are tied to County Counsel by their Memoranda of Understanding and applicable sections of the Personnel Regulations; adopted RESOLUTION NO. 94-2010 to implement concessions for the fiscal year 2010-2011 and the advanced enrollment voluntary time off (AVTO) program for specified units; and approved related actions, as recommended by the County Administrative Officer and the Director of Personnel

16.   ACCEPTED AND FILED annual report on the status of the private sector living wage program and adopted RESOLUTION NO. 95-2010 setting the living wage at $13.60 per hour for those employees receiving benefits, and at $14.83 per hour for those employees not receiving benefits, effective July 1, 2010, as recommended by the Director of General Services

17.   ACCEPTED report on the modified automatic aid agreement with Santa Clara County; directed staff to finalize the agreement once the Santa Clara County Fire Annexations are complete and return with a status report on the development of an agreement with Santa Clara County, based upon option 3b, for the remaining unprotected areas on or before December 14, 2010, as recommended by the Director of General Services

18.   ACCEPTED AND FILED the annual Emergency Management Council Coordinating Committee work plan summary report and directed the General Services and Health Services Agency Directors to report back on further work plan activities on or before May 13, 2011, as recommended by the Directors of General Services and Health Services

19.   ADOPTED RESOLUTION NO. 96-2010 authorizing the Director of General Services to submit the California Emergency Management Agency (CalEMA) 2010 Emergency Management Performance Grant application and authorizing the County Administrative Officer, the General Services Director, and the Emergency Services Manager as authorized agents for grant administration purposes, as recommended by the Director of General Services

20.   ADOPTED RESOLUTION NO. 97-2010 accepting and appropriating grant funds in the amount of $103,348 from the Monterey Bay Unified Air Pollution Control District for the regional fleet management and Car Share Project; awarded contract to Ecology Action in the amount of $103,348 for the implementation and expansion of the Santa Cruz Community Car Share Program and approved related actions, as recommended by the Director of General Services

21.   ADOPTED RESOLUTION NO. 98-2010 confirming previously established benefit assessments for County Service Area (CSA) No. 4 - Pajaro Dunes, and CSA No. 48 - County Fire; adopted RESOLUTION NO. 99-2010 setting Tuesday, June 15, 2010 for a public hearing on the proposed 2010-2011 Fire Protection Assessment service charge reports for CSA No. 4 and CSA No. 48, and directed the Clerk of the Board to approved related actions, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 100-2010 approving agreement with the California Department of Forestry and Fire Protection for the loan of Federal Excess Personal Property and authorizing the County Fire Chief to sign the cooperative agreement, as recommended by the Director of General Services

23.   CONTINUED TO MAY 18, 2010 consideration to approve the lease agreement with Monterey College of Law for the one-year pilot program

24.   APPROVED plans and specifications for the Soquel Drive Parking Lot Renovation Project and directed General Services to advertise for bids; set the bid opening on Tuesday, May 25, 2010 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

25.   ADOPTED RESOLUTION NO. 101-2010 accepting and appropriating unanticipated revenue in the amount of $74,634 for the Wraparound Program, as recommended by the Chief Probation Officer

26.   ADOPTED RESOLUTION NO. 102-2010 accepting and appropriating unanticipated revenue and interest in the amount of $110,200 from the State of California Youthful Offender Block Grant program for fiscal year 2009-2010, as recommended by the Chief Probation Officer

27.   APPROVED amendment to contract with AutoMon LLC, extending the term of contract from January 1, 2010 to December 31, 2010 for case management system services, and approved related actions, as recommended by the Chief Probation Officer

28.   ADOPTED RESOLUTION NO. 103-2010 supporting adequate funding for public education for all California public schools, as recommended by Supervisor Campos

29.   APPROVED appointment of Carlos F. Rico Sr. to the Housing Advisory Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

30.   ADOPTED RESOLUTION NO. 104-2010 in support of Assembly Bill 1604, which would enact the Oil Industry Fair Share Act, as recommended by Supervisor Coonerty

31.   APPROVED appointment of Lynda Phillips to the Historic Resources Commission for a term to expire April 1, 2013, as recommended by Supervisor Stone

32.   ACCEPTED AND FILED annual report of the Animal Nuisance Abatement Appeals Commission, and approved related action, as recommended by Chairperson Campos

33.   ADOPTED RESOLUTION NO. 105-2010 supporting the passage of Assembly Bill 1998, concerning single-use carry-out bags; and adopted RESOLUTION NO. 106-2010 supporting the passage of Senate Bill 722, concerning renewable energy resources, as recommended by Chairperson Campos

34.   APPROVED appointment of Ariel Serre to the Domestic Violence Commission, representing the Women's Commission, as recommended by Chairperson Campos

35.   APPROVED appointment of Lt. John Hohmann to the Emergency Management Council, representing the City of Scotts Valley, as recommended by Chairperson Campos

36.   ACCEPTED AND FILED report on the Scott Creek Bridge Emergency Rehabilitation project and directed staff to return on May 25, 2010 with an emergency status update, as recommended by the Director of Public Works

37.   ADOPTED RESOLUTION NO. 107-2010 temporarily modifying the minimum bedroom size requirement for Measure J units, and approved related actions, as recommended by the Planning Director

38.   APPROVED funding agreement with the Santa Cruz County Resource Conservation District for the construction of the Kings Creek Road Culvert Replacement Project and approved related actions, as recommended by the Director of Public Works

39.   APPROVED Proposition 1B Sealcoat Road Resurfacing list and approved related actions, as recommended by the Director of Public Works

40.   APPROVED plans and specifications and engineer's estimate for the Eureka Canyon Road Culvert Replacement Project and authorized calling for bids; set the bid opening on June 3, 2010 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on or before June 15, 2010 with a recommendation of contract and approved related actions, as recommended by the Director of Public Works

41.   APPROVED plans and specifications and engineer's estimate for the Kings Creek Road Culvert Replacement Project and authorized calling for bids; set the bid opening on June 3, 2010 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on or before June 15, 2010 with a recommendation of contract and approved related actions, as recommended by the Director of Public Works

42.   APPROVED specifications and engineer's estimate for the 2010 Cape Seal and Overlay Project and authorized calling for bids; set the bid opening on June 3, 2010 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on or before June 15, 2010 with a recommendation of contract and approved related actions, as recommended by the Director of Public Works

43.   AUTHORIZED the Chairperson to send a letter of support for Pacific Gas and Electric Company to the California Public Utilities Commission regarding the retrofitting of existing residential street lights to LED lights within County Service Area 9A, as recommended by the Director of Public Works

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 108-2010 accepting unanticipated revenue totaling $10,907,173 from capital project tax increment fund reserves for transfer to the State mandated Supplemental Educational Revenue Augmentation Funds by May 10, 2010, pending the outcome of legal proceedings; with an additional direction for a report back on May 18, 2010 on the Judges' decision

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the proposed 2010-2011 Redevelopment Agency Budget as the basis for deliberation during budget hearings and approved related actions, as recommended by the Redevelopment Agency Executive Director

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED and adopted addition, as outlined, to the Santa Cruz County 2010 Investment Policy, as recommended by the Redevelopment Agency Administrator

46.1.   DEFERRED consideration of public testimony on the City of Santa Cruz and University of California Comprehensive Settlement Agreement regarding the City's Local Agency Formation Commission (LAFCO) application until Tuesday, June 15, 2010 at 9:00 a.m. or thereafter; with an additional direction to include a report on the implications of the City of Santa Cruz sending a letter without County participation

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

ACCEPTED item for consideration according to the criteria specified, that being that a need to take action to avoid injury or detriment to the public or employees arose after the posting of the agenda

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

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

47.   Public hearing held on 2010-2011 sewer service charge increases for County Service Area (CSA) No. 2 - Place de Mer, CSA No. 5 - Sand Dollar and Canon del Sol, CSA No. 7 - Boulder Creek, No. 10 - Rolling Woods, and CSA No. 57S - Graham Hill (Woods Cove);

(1) opened public hearing to hear objections, to the proposed County Service Area (CSA) No. 2 - Place de Mer, CSA No. 5 - Sand Dollar and Canon del Sol, CSA No. 7 - Boulder Creek, No. 10 - Rolling Woods, and CSA No. 57S - Graham Hill (Woods Cove) sewer service charge increases;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 109-2010 establishing the service charges for County Service Area (CSA) No. 2 - Place de Mer; adopted RESOLUTION NO. 110-2010 establishing the service charges for CSA No. 5 - Sand Dollar and Canon del Sol, which includes keeping the Canon del Sol rates as last years rates; adopted RESOLUTION NO. 111-2010 establishing the service charges for CSA No. 7 - Boulder Creek; adopted RESOLUTION NO. 112-2010 establishing the service charges for CSA No. 10 - Rolling Woods; and adopted RESOLUTION NO. 113-2010 establishing the service charges for CSA No. 57S - Graham Hill (Woods Cove);

(4) ADOPTED RESOLUTION NO. 114-2010 setting May 25, 2010, at 9:00 a.m. or thereafter as the date and time for a public hearing on the proposed service charge reports for County Service Area (CSA) No. 2 - Place de Mer, CSA No. 5 - Sand Dollar and Canon del Sol, CSA No. 7 - Boulder Creek, No. 10 - Rolling Woods, and CSA No. 57S - Graham Hill (Woods Cove); and

(5) directed the Clerk of the Board to publish the notice of public hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation;

(6) with an additional direction that staff report back on June 15, 2010 with the issue regarding County Service Area No. 5 - Sand Dollar
PSLCoCa

48.   CONTINUED Public hearing held on proposed benefit assessment for County Service Area No. 15 - Huckleberry Woods;

(1) continued the public hearing opened on April 20, 2010, to hear objections or protests, to the proposed increased benefit assessment for County Service Area No. 15-Huckleberry Woods;

(2) requested submittal of all ballots for the proposed increased 2010/2011 benefit assessment for County Service Area No. 15-Huckleberry Woods;

(3) closed the public testimony portion of the public hearing; and

(4) continued public hearing to May 18, 2010, to allow for tabulation and certification of the ballots
PLCoSCa

49.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinances amending District Code establishing 2010-2011 water and sewer service charges;

(1) opened public hearing, to hear objections or protests, on the sewer and water service charges;

(2) closed public hearing;

(3) approved "in concept" adoption of Ordinance No. 72 amending District Code Title 4, Article III, Section 4.08.160 through 4.08.180 for sewer service charges to return for final adoption on May 18, 2010;

(4) approved "in concept" adoption of Ordinance No. 73 amending District Code Title 3, Article III, Section 3.08.160 through 3.08.180 for water service charges to return for final adoption on May 18, 2010;

(5) scheduled May 25, 2010, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge reports; and

(6) directed the Clerk of the Board to publish the notice of public hearing, once a week for two week prior to the hearing in a newspaper of general circulation;

(7) with an additional direction that staff look at the possibility of consolidating districts
PCoLSCa

50.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinance amending District Code establishing 2010-2011 sewer service charges;

(1) opened public hearing, to hear objections or protests, on the proposed 2010/2011 service charge report;

(2) closed public hearing;

(3) approved "in concept" Ordinance No. F-13 amending District Code Title 3, Article III, Section 3.08 establishing sewer service charges to return on May 18, 2010 for final adoption;

(4) scheduled Tuesday, May 25, 2010, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report; and

(5) directed the Clerk of the Board to publish the notice of public hearing, once a week for two weeks prior to the hearing in a newspaper of general circulation
PCoLSCa

51.   Presentation made recognizing Emergency Medical Services Week

52.   Public meeting on the creation of a Santa Cruz County Tourism Marketing District;

(1) accepted the notices of consent from the cities of Capitola, Santa Cruz, Scotts Valley and Watsonville granting consent to establish a Tourism Marketing District in their jurisdictions;

(2) opened the public meeting to accept comments from the public and any protests from properties subject to District Assessments;

(3) directed staff to return on June 15, 2010 with a report on typical jobs and the pay scale of jobs in the hospitality and visitor accommodation industry, and information on how the assessment will be applied to residential vacation rentals; and

(4) directed staff to return on June 15, 2010 for the required Public Hearing to establish a county-wide Tourism Marketing Improvement District;

(5) with an additional direction to provide an analysis of what the Transient Occupancy Tax levels of the competitive counties are
PCoLSCa

53.   Presentation made by Gene Bregman Associates on County Fire public opinion survey;

accepted report on the County Fire public opinion survey, and directed staff to return with a cost estimate for conducting a May 3, 2011 election, including a public education component, at your Board's June 15, 2010 meeting
LSPCoCa

54.   AS THE BOARD OF SUPERVISORS AND THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, considered status report on Economic Development activities; and considered adoption of a resolution establishing the position of Economic Development Manager;

(1) AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMEMT AGENCY, ACCEPTED AND FILED report on Economic Development Activities; and

(2) AS THE BOARD OF SUPERVISORS OF SANTA CRUZ COUNTY, ADOPTED RESOLUTION NO. 115-2010 amending salary Resolution No. 279-75 in order to create the Economic Development Manager classification in the Santa Cruz County Redevelopment Agency; with an additional direction that staff report back on June 22, 2010 on the hiring of the Economic Development Manager
LSPCoCa

55.   CONSIDERED adoption of ordinance amending Subsection E of Section 9.28.030 of the Santa Cruz County Code relating to the stop intersection at El Rancho Drive and Carbonera Drive;

(1) approved "in concept" ordinance amending Subsection E of Section 9.28.030 of the Santa Cruz County Code Relating to the Stop Intersection at El Rancho Drive and Carbonera Drive to return on May 18, for final adoption; and

(2) directed the Department of Public Works to install all necessary signing, striping, and lighting to create the multi-way stop intersection no sooner than 31 days after final adoption of the ordinance
LSPCoCa

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS