Santa Cruz County Board of Supervisors Minutes: 6/15/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 15
Tuesday, June 15, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 18, 2010 and May 25, 2010, 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.   ADOPTED ORDINANCE NO. 5069 amending Subsection (a) of Section 14.01.511 of the Santa Cruz County Code Relating to Securities and Bonds and Deposits for Land Division Agreements

11.   REJECTED claim of Joe Ritchey, Claim No. 910-094, and referred to County Counsel

12.   GRANTED the Application to file a late claim of Metteyya Brahmana, Claim No. 910-095A, and referred to County Counsel

13.   REJECTED claim of Metteyya Brahmana, Claim No. 910-095, and referred to County Counsel

14.   REJECTED claim of Dara Damato c/o Aarwolf Bail Bonds, Claim No. 910-097, and referred to County Counsel

15.   REJECTED claim of Eduardo Rodriguez, Claim No. 910-098, and referred to County Counsel

16.   REJECTED claim of Margaret Khouri, MD by and through her Conservator & Guardian ad litem, Ann Bass, Claim No. 910-099, as insufficiently filed and referred to County Counsel

17.   ADOPTED RESOLUTION NO. 155-2010 designating Patrick Rooney of the Assessor's Office as the Authorized Representative for the Santa Cruz County Open Space Subvention Program, as recommended by the Assessor-Recorder

18.   AUTHORIZED the Auditor to issue a replacement warrant in the total amount of $16.16 to replace specified uncashed and staledated warrant, as recommended by the Auditor-Controller

19.   ACCEPTED report on the cost estimate for a special election for County Fire (County Service Area No. 48), as recommended by the Director of General Services

20.   DECLARED certain used County vehicles to be surplus and directed staff to arrange for their disposition, as recommended by the Director of General Services

21.   DIRECTED the General Services Director to formally notify the California Department of Forestry and Fire Protection (CAL Fire) prior to June 30, 2010 of the County's conditional intention to contract for the same level of services in Fiscal Year 2011-2012, as recommended by the Director of General Services

22.   APPROVED the Santa Cruz County-San Mateo County Community Wildfire Protection Plan, as recommended by the Director of General Services

23.   ADOPTED RESOLUTION NO. 156-2010 authorizing the Chief Probation Officer to submit a proposal for Juvenile Accountability Block Grant (JABG) 2010 Program to the Corrections Standards Authority in the amount of $20,399, as recommended by the Chief Probation Officer

24.   APPROVED contract amendment with Solano County Probation, Fouts Springs Youth Facility for an amount not-to-exceed $236,000, as recommended by the Chief Probation Officer

25.   ADOPTED RESOLUTION NO. 157-2010 accepting and appropriating revenue from the Disproportionate Minority Contact (DMC) Support Project Funding award in the amount of $100,000 and from the Santa Cruz City Police Department in the amount of $56,500, and approved contracts with the W. Haywood Burns Institute for an amount not-to-exceed $54,000, and with Dr. Todd Foglesong in an amount not-to-exceed $6,000, and with the California Institute for Mental Health in the amount not-to-exceed $37,080, and approved related actions, as recommended by the Chief Probation Officer

26.   APPROVED contract with Stephany E. Fiore, M.D., for forensic pathology services in the amount of $10,000, as recommended by the Sheriff-Coroner

27.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending May 31, 2010, as recommended by the Treasurer-Tax Collector

28.   AUTHORIZED the Auditor to distribute excess proceeds from the March 31, 2009 public auction as recommended and directed the Tax Collector to notify all claimants, as recommended by the Treasurer-Tax Collector

29.   APPROVED appointment of Leeann Juan to the Women's Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

30.   APPROVED appointment of Paul De Worken to the Arts Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

31.   DIRECTED the County Administrative Officer and the Director of General Services to contact the County's state and federal representatives to discuss funding options to help with the cost of repairing the Veteran's Memorial Building, and further directed the Chairperson of the Board to write to the County's state and federal representatives requesting their assistance in identifying and securing the necessary funds to repair the building, as recommended by Supervisor Coonerty

32.   DIRECTED the Departments of Public Works, General Services, and County Counsel to explore the options available to Santa Cruz County to expand local preferences for purchasing and contracts and report back to the Board on September 21, 2010

33.   ACCEPTED AND FILED annual report of the Mental Health Board, and approved related action, as recommended by Chairperson Campos

34.   ACCEPTED nomination of various persons for reappointment to the Workforce Investment Board, as at-large representatives of the categories indicated, for terms to expire June 30, 2014, with final appointment to be considered on June 22, 2010, as recommended by Chairperson Campos

35.   ACCEPTED AND FILED report on the progress of the Cabrillo College Small Business Development Center "Retain Your Employees" pilot program, as recommended by the Director of Human Services

36.   ACCEPTED AND FILED status update on the implementation of 2-1-1 Health and Human Services Information and Referral System in the County of Santa Cruz, and authorized the use of the seal of the County of Santa Cruz on 2-1-1 promotional materials, as recommended by the Director of Human Services

37.   APPROVED amendment to the existing contract with Parents Center, as recommended by the Director of Human Services

38.   APPROVED the recommended changes to the General Assistance program regulations effective July 1, 2010, as recommended by the Director of Human Services

39.   AUTHORIZED the Director of Human Services to execute a contract amendment with the Homeless Services Center for the increased amount of $4,150 in Fiscal Year 2009-2010 and not-to-exceed $153,559, and authorized the Auditor-Controller to decrease the amount of the National Guard contract by $4,150, as recommended by the Director of Human Services

40.   ACCEPTED AND FILED status report on land use regulatory reform efforts and approved related action; with the additional directions: (a) that staff look at the changes made and the ways of dealing with non-conforming structures in the Pleasure Point Area Plan and bring an option to extend the way of dealing with non-conforming structures to the rest of the County; and (b) that staff coordinate with the City of Santa Cruz to ensure that the water-efficient landscaping ordinance to comply with State Law is consistent with the ordinance approved within the city water service area

41.   ACCEPTED low bid of Conley General Engineering, Inc., in the amount of $96,350, for the Kings Creek Road Culvert Replacement Project and authorized the award of contract; and approved related actions, as recommended by the Director of Public Works

42.   ACCEPTED the improvements and approved the final cost of $488,777.62 for the Trout Gulch Road Storm Damage Repair Project; and approved related action, as recommended by the Director of Public Works

43.   ACCEPTED AND FILED report on County Service Area No. 5 - Sand Dollar and Canon del Sol, as recommended by the Director of Public Works

44.   ACCEPTED AND FILED report on the Scott Creek Bridge Emergency Rehabilitation Project and directed Public Works to return on September 28, 2010, with a final project costs, as recommended by the Director of Public Works

45.   APPROVED the transfer of funds in the amount of $40,678.93 within County Service Area No. 10-Rolling Woods, budget, as recommended by the Director of Public Works

46.   APPROVED expenditure of $5,000 a year for three years to the United Way of Santa Cruz for Public Works' contribution to the Santa Cruz County 211 referral program, as recommended by the Director of Public Works

47.   DEFERRED the award of contract for the 2010 Cape Seal and Overlay Project to June 22, 2010, as recommended by the Director of Public Works

48.   DEFERRED the award of contract for the Eureka Canyon Road Culvert Replacement Project to June 22, 2010, as recommended by the Director of Public Works

49.   RATIFIED appropriation transfer in the amount of $605,737.07 within the 2009/2010 Public Works Road Fund budget, as recommended by the Director of Public Works

50.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED amendment to agreement with EcoSystems West Consulting Group for consulting services for the Davenport Water Treatment System Improvements project by increasing compensation by $42,000 for a total not-to-exceed amount of $111,465, and extending the term of the contract to project completion; and approved related action, as recommended by the District Engineer

51.   APPROVED amendment to the contract with Joni Janecki and Associates in the amount of $64,570 and approved related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

52.   ADOPTED RESOLUTION NO. 158-2010 setting Tuesday, August 3, 2010, at 9:00 a.m. or thereafter, for a public hearing on 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

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED up to an additional $2,263,788 in funding to Mid Peninsula Housing Coalition for the Minto Place 100% affordable housing project; adopted RESOLUTION NO. 159-2010 authorizing MPHC to apply for TCAC for the Phase One Minto Place Project; and approved related actions, as recommended by the Planning Director
PLCoS(Ca)

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $56,710 for the cost of a contract amendment for design services with Joni Janecki & Associates for work at Moran Lake Park, as recommended by the Redevelopment Agency Administrator

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED amendment to a lease agreement with Community Bridges, revising the term of the lease to expire December 31, 2010, and authorized the Agency Administrator to sign the amendment, as recommended by the Redevelopment Agency Administrator

56.   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

Kyle Chase v. County of Santa Cruz, Workers' Compensation Claim No. 2008206851

Fernando Venegas v. County of Santa Cruz Workers' Compensation Claim No. 2004099413

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

57.   Public hearing held to consider County Service Area No. 4 (Pajaro Dunes Fire) and County Service Area No. 48 (County Fire) Fire Protection Assessment Service Charge Reports for fiscal year 2010/2011;

(1) opened public hearing, to hear objections or protest, to the proposed County Service Area No. 4-Pajaro Dunes Fire and County Service Area No. 48-County Fire 2010/2011 Service Charge Reports;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 160-2010 Confirming Service Charge Reports for County Service Area No. 4 and County Service Area No. 48
PCoLSCa

58.   Public hearing held to consider approval of resolutions establishing the 2010-2011 assessment/service charges and confirming the proposed 2010-2011 assessment/service charge reports for County Service Area No. 12 - Wastewater Management;

(1) opened public hearing, to hear objections or protests, to the proposed benefit assessments/service charges and the proposed 2010-2011 Assessment/Service Charge Reports for County Service Area No. 12-Wastewater Management;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 161-2010 Confirming Previously Approved benefit Assessments/Service Charges for County Service Area No. 12N: Inspection and Monitoring of Nonstandard Systems; and

(4) ADOPTED RESOLUTION NO. 162-2010 Confirming Assessment/Service Charge Reports for the 2010-2011 Fiscal Year for County Service Area No. 12: Septic System Maintenance(CSA 12), San Lorenzo Wastewater Management (CSA 12A), and Inspection and Monitoring of Nonstandard Sewage Disposal Systems (CSA 12A)
PLCoSCa

59.   Public hearing held on the proposed 2010/2011 benefit assessments for County Service Area No. 37 - Roberts Road, Zone A, Ridge Road;

(1) opened public hearing, to hear objections or protests, to the proposed County Service Area No. 37 - Roberts Road, Zone A, Ridge Road benefit assessment;

(2) requested submittal of all ballots for County Service Area No. 37 - Roberts Road, Zone A, Ridge Road for the proposed increased 2010-2011 assessment;

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

(4) continued public hearing to June 22, 2010 to allow for tabulation and certification of the ballots
PSLCoCa

60.   Public hearing held to establish the Santa Cruz County Tourism Marketing District and the levy of assessments;

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

(2) closed public hearing;

(3) considered proposed changes to the Management District Plan and approved the Management District Plan adding the following language to Page 8 at the end of paragraph E "TMD funds shall not be used to pay for activities in support or opposition to an application for a proposed land use modification.";

(4) ADOPTED RESOLUTION NO. 163-2010 approving the formation of the Tourism Marketing District with the following change: on agenda packet page 6, item number 5, delete the following language: "and other improvements as set forth in Streets and Highways Code Section 36610"; and

(5) directed the Clerk of the Board to record a notice and assessment diagram of the assessment area pursuant to Streets and Highways Code Section 36627

LCoPSCa

61.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, public hearing held to consider lease agreement of Redevelopment Agency owned property at 111 Atherton Loop (Assessor's Parcel Number 037-621-06) to Housing Choices Coalition;

(1) held a public hearing on the proposed lease agreement with Housing Choices Coalition of 111 Atherton Loop (Assessor's Parcel Number 037-621-06;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 164-2010 approving the proposed lease agreement with Housing Choices Coaliton for 111 Atherton Loop (APN 037-621-06)
PLCoSCa

61.1.   CONSIDERED adoption in concept of an ordinance adding Chapter 5.62 to the Santa Cruz County Code relating to the recall of displaced hotel workers; MOTION FAILED

SLpcoca

62.   Hearing held to consider an appeal of the Planning Commission's decision to approved Application 09-0139 (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) certified that the proposal is exempted from further Environmental Review under the California Environmental Quality Act;

(2) denied the Appeal of the Planning Commission Approval; and

(3) approved Application 09-0139, with the removal o the basement and deck as shown on Attachment 1A, based on the attached findings and conditions
PColsCa

63.   CONSIDERED report from County Counsel regarding agreement with the City of Santa Cruz pursuant to UCSC comprehensive Settlement Agreement and on the Settlement Agreement and the Local Agency Formation Commission application;

DIRECTED the County Counsel's Office to contact the City of Santa Cruz to see if they are interested in negotiating over the issues prescribed by Government Code Section 56425 and to forward today's testimony to LAFCO (Local Agency Formation Commission) for their consideration
CoPLSCa

64.   Study Session on the proposed 2010/2011 Capital Improvement Program;

(1) continued consideration of the proposed CIP (Capital Improvement Program) to the individual departmental budget hearings; and

(2) directed the Public Works Department to present a final 2010/2011 Capital Improvement Program, incorporating all changes adopted as part of the 2010/2011 budget hearings in CIP related budget appropriations, or or before December 14, 2010
PLCoSCa

65.   CONSIDERED adoption in concept of an ordinance deleting existing Section 2.36.060 of the Santa Cruz County Code and replacing it with a new Section 2.36.060 relating to fees for public records;

(1) approved "in concept" ordinance deleting existing Section 2.36.060 of the Santa Cruz County Code and replacing it with a new Section 2.36.060 relating to fees for public records to return on June 22, 2010 for final adoption
LSPCoCa

66.   Public testimony on the proposed 2010/2011 County Budget;

Forty people addressed the Board

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