Santa Cruz County Board of Supervisors Minutes: 5/18/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 13
Tuesday, May 18, 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 Numbers 60.1 and 60.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twenty people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 4, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 29, 2010 through May 12, 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 Raymond Whithall, c/o his attorney John Parker, Claim No. 910-086, and referred to County Counsel

11.   REJECTED claim of Josephyne A. Fleming, Claim No. 910-087, and referred to County Counsel

12.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 72 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 - Sewer Service Charges

13.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 73 amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 - Water Service Charges

14.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. F-13 amending District Code Title 3, Article III, Chapter 3.08 - Sewer Service Charges

15.   ADOPTED ORDINANCE NO. 5068 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

16.   AUTHORIZED the Auditor to issue a replacement warrant in the amount of $6,588 to replace specified uncashed and staledated warrant, as recommended by the Auditor-Controller

17.   SEE ITEM NO. 68.1 REGULAR AGENDA

18.   ACCEPTED AND FILED Volume II - Departmental Line Item Budget Detail, for the 2010-2011 Proposed Budget, as recommended by the County Administrative Officer

19.   ADOPTED the schedule for 2010-2011 Budget Hearings, as recommended by the County Administrative Officer

20.   ADOPTED RESOLUTION NO. 116-2010 supporting Assembly Bill 1769; adopted RESOLUTION NO. 117-2010 supporting Senate Bill 994 that provide for state reimbursement of special vacancy elections; and adopted RESOLUTION NO. 118-2010 supporting Senate Bill 1102 that allows counties to conduct special vacancy elections by all mail ballot if certain conditions are met, as recommended by the County Clerk

21.   ADOPTED RESOLUTION NO. 119-2010 approving amendment to contract with the Secretary of State's Office to receive Voting Access for Individuals with Disabilities (VOTE) grant funds through the extended term of March 31, 2010, and authorized the County Clerk to take related actions, as recommended by the County Clerk

22.   APPROVED amendment to the 2009-2010 agreement with Dwight L. Herr in the amount of $5,000 for specialized legal services and approved related action, as recommended by County Counsel

23.   AUTHORIZED payment of two invoices from Riverside Lighting totaling $516.73, as recommended by the County Clerk

24.   ADOPTED RESOLUTION NO. 120-2010 designating the County Administrative Officer, the General Services Director, and the Emergency Services Manager as authorized officials for grant administration purposes, as recommended by the Director of General Services

25.   ACCEPTED notice of completion for the Generator Replacement Project at 1080 Emeline Street; approved final cost of $170,502.97 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

26.   APPROVED the lease agreement with Monterey College of Law for the one-year pilot program and approved related actions, as recommended by the Director of General Services
PLcoSCa

27.   ADOPTED RESOLUTION NO. 121-2010 accepting and appropriating unanticipated revenue in the amount of $334,191 from the Department of Justice, Office of Justice Programs, National Institute of Justice and from the California Emergency Management Agency; approved contracts in the amount of $78,073 with Ceres Policy Research, and $7,500 with the Center for Justice, Tolerance, and Community at the University of California, Santa Cruz, and approved related actions, as recommended by the Chief Probation Officer

28.   APPROVED amendment to contract with Behavior Interventions (BI) Incorporated, increasing the amount by $10,000 for a not-to-exceed total of $26,000, for Electronic Monitoring Program Services and approved related actions, as recommended by the Chief Probation Officer

29.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending April 30, 2010, as recommended by the Treasurer-Tax Collector

30.   ACCEPTED AND FILED the report of the County's investment activities and holdings for the quarter ending March 31, 2010, as recommended by the Treasurer-Tax Collector

31.   APPROVED contract in the amount of $2,674,269 for 2009-2010 court security services for the Superior Court of Santa Cruz County and approved related actions, as recommended by the Sheriff-Coroner

32.   APPROVED appointment of Bob Stokes to the Fire Department Advisory Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

33.   AUTHORIZED the Chairperson to send a letter of support for the State Route 129 Traffic Safety Corridor Project to the Director of the Office of Traffic Safety, as recommended by Supervisor Campos

34.   ADOPTED RESOLUTION NO. 122-2010 opposing Proposition 16, that would impose a new two-thirds voter approval requirement for local public electricity providers, as recommended by Supervisor Coonerty

35.   ADOPTED RESOLUTION NO. 123-2010 opposing the passage of Assembly Bill 1805 and Senate Bill 1010, relating to anti-California Environmental Quality Act (CEQA) legislation, as recommended by Supervisor Coonerty

36.   APPROVED appointment of Katharine Donovan to the Seniors Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

37.   ADOPTED RESOLUTION NO. 124-2010 asking the International Whaling Commission to maintain the moratorium on commercial whale hunting at its June 2010 meeting; urging President Obama to directed the U.S. Delegation to the International Whaling Commission to oppose any agreement that would allow commercial whaling; and declaring May 23, 2010 as Save the Whales Day in Santa Cruz County, as recommended by Supervisor Stone

38.   ACCEPTED nomination of Carlos Palacios for appointment to the Workforce Investment Board, as an at-large representative of economic development agencies, for a term to expire June 30, 2012, with final appointment to be considered on May 25, 2010, as recommended by Chairperson Campos

39.   ADOPTED RESOLUTION NO. 125-2010 supporting the passage of Assembly Bill 2139 and adopted RESOLUTION NO. 126-2010 supporting the passage of Senate Bill 1100, legislation that would reduce the threat of toxic materials entering through landfills throughout California, as recommended by Chairperson Campos

40.   DIRECTED the Chairperson to write to the County's Congressional delegation urging that they work to develop a comprehensive legislative approach to addressing the issue of climate change that also includes funding for transportation improvements, as recommended by Chairperson Campos

41.   ADOPTED RESOLUTION NO. 127-2010 setting a public hearing for Tuesday, June 15, 2010 at 9:00 a.m. or thereafter, on the proposed benefit assessments/service charges and on the proposed 2010-2011 reports for County Service Area 12 - Wastewater Management; directed the Clerk of the Board to take related actions, as recommended by the Director of Health Services

42.   APPROVED Santa Cruz County participation as a member of the California Mental Health Services Authority; authorized the Health Services Agency Director to sign the Joint Exercise of Powers Agreement and act as the representative of the County in the Authority, as recommended by the Director of Health Services

43.   ADOPTED RESOLUTION NO. 128-2010 accepting and appropriating unanticipated revenue in the amount of $12,246 from the State Department of Social Services for Community-Based Child Abuse Prevention Services; adopted RESOLUTION NO.129-2010 accepting and appropriating unanticipated revenue in the amount of $127,093 from the Federal Department of Health and Human Services for the Roots and Wings Program; approved amendments to agreements with the Youth Resource Bank increasing the amount by $51,841, with Cabrillo College increasing amount by $35,000, and with Nicole Young to extend the contract expiration date to September 30, 2010; and approved related actions, as recommended by the Director of Human Services

44.   APPROVED contract in the amount of $126,606 with the California Conservation Corps to provide Green Jobs Corps services; adopted RESOLUTION NO. 130-2010 accepting and appropriating unanticipated revenue from the San Jose/Evergreen Community College District and approved related actions, with the additional direction that staff return in April 2011 with a report on this program that includes a breakdown of where youths were placed in their internships, how many of the youths in the program went on to work in full-time green jobs, what those jobs were, who employed them, how many participants went on to higher education and what they studied

45.   APPROVED contract in the amount of $50,000 with Keyser Marston Associates for specialized affordable housing services through June 30, 2011, and approved related actions, as recommended by the Planning Director

46.   ACCEPTED AND FILED the proposed 2010-2011 Capital Improvement Program document; scheduled a study session on the 2010-2011 Capital Improvement Program on Tuesday, June 15th at 9:00 a.m. or thereafter, as recommended by the Director of Public Works

47.   ACCEPTED the low bid from Reber Construction Company, Inc., in the amount of $384,375 for the Redwood Lodge Road Storm Damage Repair Project; authorized award of contract and approved related actions, as recommended by the Director of Public Works

48.   ADOPTED RESOLUTION NO. 131-2010 for right-of-way acquisition for the East Zayante Road Storm Damage Repair Project; approved payment of claim and approved related actions, as recommended by the Director of Public Works

49.   APPROVED the lane closure for the 28th Annual Santa Cruz Triathlon on Sunday, September 26, 2010 and approved related actions, as recommended by the Director of Public Works

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

51.   APPROVED permit conditions for the AIDS/Lifecycle 9 Bike Ride Event on June 6 and 7, 2010, and approved related actions, as recommended by the Director of Public Works

52.   APPROVED permit for the Surf City AIDS Bicycle Ride Event on Sunday, October 3, 2010, and approved related actions, as recommended by the Director of Public Works

53.   APPROVED addenda to the June 2006 edition of the County Design Criteria and approved related actions, as recommended by the Director of Public Works

54.   APPROVED plans and specifications and engineer's estimate for the Soquel Avenue Improvements - Soquel Drive to 17th Avenue and authorized calling for bids; set the bid opening for 2:15 p.m. on June 10, 2010 in the Department of Public Works conference room; directed Public Works to return on or before August 3, 2010 with a recommendation for award of contract and approved related actions, as recommended by the Director of Public Works

55.   APPROVED plans and specifications and engineer's estimate for the Green Valley Road/Airport Boulevard/Holohan Road Traffic Signal Improvements and authorized calling for bids; set the bid opening for 2:15 p.m. on June 10, 2010 in the Department of Public Works conference room; directed Public Works to return on or before June 22, 2010 with a recommendation for award of contract and approved related actions, as recommended by the Director of Public Works

56.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED independent contractor agreement with Kestrel Consulting, Inc. in the amount of $24,000 to provide grant reporting support for the Davenport Water Main Rehabilitation Project, contingent upon the County receiving grant funding, and approved related actions, as recommended by the District Engineer

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED use of $50,000 in Redevelopment Agency housing funds to support contract with Keyser Marston Associates for specialized affordable housing consulting services through June 30, 2011, as recommended by the Planning Director

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED public hearing on Tuesday, June 15, 2010 at 9:00 a.m. or thereafter to consider the lease of 111 Atherton Loop in Aptos (Assessor's Parcel Number 037-621-06) to the Housing Choices Coalition, as recommended by the Planning Director

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on the legal proceedings related to the state mandated transfer of Redevelopment funds to the Supplemental Educational Revenue Augmentation Funds, as recommended by the Redevelopment Agency Administrator

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED and ratified the emergency roof replacement at 1514 Capitola Road and authorized the Auditor-Controller to process the final payment of $11,418.88 to Alameda Roofing Services, Inc., as recommended by the Redevelopment Agency Administrator

60.1.   SEE ITEM NO. 68.2 REGULAR AGENDA

60.2.   DIRECTED the Personnel Director to return at budget hearings with a comparison of the County's baseline ratio of management to non-management employees from the work of the Labor Management Committee to the new ratio based on any proposed changes in County personnel, and approved related actions, as recommended by Supervisors Leopold and Coonerty

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 County Employee Organizations and Associations

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for two potential cases

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim of Steve Rognas, No. 910-051

REPORT OF COUNTY COUNSEL - The Board of Supervisors by unanimous vote authorized the County Counsel to file appeal in one civil matter; and to intervene in another civil matter.

REGULAR AGENDA

62.   Public hearing held to consider 2010-2011 Community Development Block Grant (CDBG) Submittal;

(1) opened public hearing for discussion of the County's application for the CDBG General Allocation funds; received public comment regarding the CDBG program and the proposed application for General Allocation funds; closed public hearing; selected a combination of the Minto Place Off-Site Infrastructure Public Improvements Project ($590,000) and the Dientes Dental Health Services for Low Income Residents Public Services Program ($150,000) to the County's 2010-11 CDBG General Allocation Program proposal, and also including in the application a request for $60,000 in grant administration funds, for a total of $800,000 in request funds; approved the submittal of a grant application for the selected project(s) and/or program(s) under the 2010-11 CDBG by the June 25, 2010 deadline, with a copy placed on file with the Clerk of the Board; ADOPTED RESOLUTION NO. 132-2010 approving application for funding and the execution of a grant agreement and any amendments there to from the General Allocation of the CDBG program; and directed staff to inform the Board of Supervisors of the funding status of the County's 2010-11 CDBG General Allocation application as soon as the results are available;

(2) Motion to reconsider;

(3) approved staff recommendations as outlined in the letter of the Planning Director, dated May 11, 2010, with Supervisor Campos abstaining
(1) SPLCoCa
(2) PLCoSCa
(3) PCoLS(Ca) Supervisor Campos abstained because he owns property within 500-1000 feet of the Minto Place project site

63.   Jurisdictional hearing held to consider an appeal of the Planning Commission's decision to approve application 09-0139, a Coastal Development Permit to construct a 2,544 square foot, two-story single-family dwelling on Oakhill Road; Assessor's Parcel Number 038-151-89; Appellant: Wittwer & Parkin, Attorneys at Law (representing adjacent property owner); Applicant: Robert Goldspink, Architect; Owner: Brian Arthur;

1) motion to take jurisdiction of Appeal of Application No. 09-0139 and schedule a public hearing on June 15, 2010 at 9:00 a.m. or thereafter
PLCoSca

64.   Continued public hearing on the certification of the ballots for the benefit assessment of County Service Area No. 15 - Huckleberry Woods;

(1) continued public hearing originally opened on April 20, 2010;

(2) closed public hearing;

(3) accepted the certification of the vote results for CSA No. 15, Huckleberry Woods, and directed the Director of Public Works to retain the ballots for at least six months following the certification; and

(3) ADOPTED RESOLUTION NO. 133-2010 authorizing and levying an assessment for road maintenance and operations within CSA No. 15, Huckleberry Woods, for the 2010/2011 fiscal year and each year following
PSLCoCa

65.   Public hearing for the proposed 2010-2011 benefit assessment/service charge reports for various County Service Areas;

(1) opened public hearing to hear objections or protest, to the proposed 2010/2011 benefit assessment/service charge reports for the various County Service Areas;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 134-2010 confirming the benefit assessment/service charge reports for the various County Service Areas
PLCoSCa

66.   Public hearing held to consider the County Service Area (CSA) No. 53N - North County Mosquito and Disease Control Assessment, the CSA No. 53 - South County Mosquito Abatement/Vector Control Assessment, and the supplemental CSA 53S - South County Mosquito and Disease Control Assessment and service charge reports for fiscal year 2010-2011;

(1) opened public hearing, to hear objections or protests, to the proposed 2010/11 benefit assessment/rate reports 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. 135-2010 confirming the benefit assessment/rate reports for County Service Area 53 for fiscal year 2010/2011
SPLCoCa

67.   CONSIDERED status report on the CaliforniaFIRST Green Financing Program and the draft Local Implementation Plan related actions;

(1) accepted and filed status report on the CaliforniaFIRST Green Financing Program;

(2) endorsed the approach that Ecology Action provide for community coordination functions on a Countywide basis and continue the practice to convene steering committee meetings on an as needed basis prior to and after program launch;

(3) considered draft Local Implementation Plan;

(4) directed Planning Director and County Counsel to return to your Board on or before August 24, 2010 to recommend a proposed contractual structure for Ecology Action to provide community coordination functions for Santa Cruz County and to consider the final Implementation Plan; and

(5) with the additional direction that staff return in June 2010 with a report on the implementation status, the status of the validation suit, and the status of the Energy Commission grant challenge
PLCoSCa

68.   CONSIDERED report on federal health reform legislation and approved related actions;

(1) accepted and filed report on federal health reform legislation and directed the Health Services Agency Director to return with a status report during budget hearings in 2011;

(2) authorized the Chairperson of the Board to sign proclamations for our Congressional delegation to express appreciation for their hard work and support of this historical legislation;

(3) with the additional direction that the Chairperson a) send a letter thanking our Federal representatives for their work on health care reform legislation and remind them a woman's right to choice and adequate coverage for reproductive services should not be constrained in any way, it should be left to the decision of the individual; and b) contact state legislators to ensure California doesn't elect to be one of the states that are choosing to prohibit reproductive services coverage as part of the plan that gets created here
LSPCoCa

68.1.   ACCEPTED AND FILED report on the status of the closure of the CEMEX facility in Davenport, as recommended by the County Administrative Officer
CoPLSCa

68.2.   DIRECTED the Chairperson to write to the California Public Utilities Commission and the County's state legislators urging that steps be taken, as outlined, to restore public confidence in SmartMeter technology, as recommended by Supervisor Leopold
PLCoSCa

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