Santa Cruz County Board of Supervisors Minutes: 5/17/2011

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2011, NUMBER 12
Tuesday, May 17, 2011

ACTION SUMMARY MINUTES

VOTING KEY: P = Pirie, Co = Coonerty, Ca = Caput, 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 46.1 and 46.2 ADDED to the Closed Session Agenda: Item No. 47: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 251 Kings Village Road, Assessor's Parcel Number: 022-211-80, Under Negotiation: Lease agreement; Negotiating Parties: Travis Cary, Chief Real Property Agent and City of Scotts Valley and Scotts Valley Redevelopment Agency
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twenty nine people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 3, 2011, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of April 28, 2011 through May 11, 2011 and approved upon adoption of the 2010-2011 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.   ADOPTED ORDINANCE NO. 5094 repealing Article IV of Chapter 7.28, starting with Section 7.28.170 and ending with Section 7.28.250 of the Santa Cruz County Code regarding the control of apple maggots

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

12.   ACCEPTED AND FILED the Mosquito and Vector Control - County Service Area 53 Annual Report for 2010, as recommended by the Agricultural Commissioner

13.   ACCEPTED AND FILED the 2011-2012 County Budget Volume II, providing the line item detail, as recommended by the County Administrative Officer

14.   ADOPTED the schedule for the 2011-12 Budget Hearings, as recommended by the County Administrative Officer

15.   APPROVED payment of prior invoices in the Carota v. County of Santa Cruz litigation in the amount of $1,369.16, as recommended by County Counsel

16.   ADOPTED RESOLUTION NO. 162-2011 and ratified the authorization for the District Attorney to submit an application to the California Department of Insurance in the amount of $244,160 for the 2011-12 Worker's Compensation Insurance Fraud Program, as recommended by the District Attorney

17.   ACCEPTED AND FILED annual report on the status of the private sector living wage program and adopted RESOLUTION NO. 163-2011 setting the living wage at $13.76 per hour for those employees receiving benefits, and at $15.01 per hour for those employees not receiving benefits, effective July 1, 2011, as recommended by the Director of General Services

18.   ADOPTED RESOLUTION NO. 164-2011 accepting and appropriating a charitable contribution from State Farm Mutual Automobile Insurance Company in the amount of $5,000 for the purchase of a thermal imaging camera for Santa Cruz County Fire - Pajaro Dunes County Service Area No. 4, and approved related actions, as recommended by the Director of General Services

18.1.   APPROVED lease renewal at the Watsonville Fire Station and approved related actions, as recommended by the Director of Information Services

19.   ACCEPTED AND FILED status report regarding the 2010-2011 furloughs and approved continuation of furloughs for specified bargaining units for 2011-2012; adopted RESOLUTION NO. 165-2011 implementing the furlough and the AVTO program for the specified units, as recommended by the Director of Personnel

20.   ADOPTED RESOLUTION NO. 166-2011 authorizing the submission of a proposal for the Juvenile Accountability Block Grant 2011-2012 program, as recommended by the Chief Probation Officer

21.   AUTHORIZED the Sheriff-Coroner to submit an application for the Coverdell Forensic Improvement grant in the amount of $95,000, as recommended by the Sheriff-Coroner

22.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report, as recommended by the Treasurer-Tax Collector

23.   ACCEPTED AND FILED the report of the County's investment activities and holdings for the quarter ending March 31, 2011, as recommended by the Treasurer-Tax Collector

24.   ADOPTED RESOLUTION NO. 167-2011 in support of Assembly Bill 19 related to installation of sub-meters for water use at multi-unit residential structures or mixed use residential and commercial structures, as recommended by Supervisor Coonerty

25.   APPROVED expansion of the current North Coast parking enforcement program in Davenport and approved related actions, as recommended by Supervisor Coonerty and the Sheriff-Coroner

26.   ACCEPTED nomination of Patrick Mulhearn for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2014, with final appointment to be considered on May 24, 2011, as recommended by Supervisor Leopold

27.   CONTINUED TO MAY 24, 2011 consideration to approve the Third Amendment to the agreement with the Redevelopment Agency of the City of Scotts Valley and the Redevelopment Agency of the County of Santa Cruz pursuant to Community Redevelopment law and Health and Safety Code Section 33000, et seq. and the City of Scotts Valley and the County of Santa Cruz dated November 14, 1990, and designate the Santa Cruz County Library Joint Powers Authority pursuant to the 1990 agreement

28.   APPROVED appointment of Luisa Haddad to the Fire Department Advisory Commission, as the representative of the Volunteer Company Officers Organization, as recommended by Chairperson Stone

29.   APPROVED 2010-11 Children's Medical Services Plan and Budget for the California Children's Services and Child Health and Disability Prevention Programs and authorized the Chairperson to sign Plan Certification statements, as recommended by the Director of Health Services

30.   APPROVED gross pay adjustment in the amount of $289.17, as recommended by the Director of Human Services

31.   AUTHORIZED payment of prior year invoices in the total amount of $1,004.45 for copy machine services, as recommended by the Director of Human Services

32.   APPROVED contract with Santa Cruz Community Counseling Center in the amount of $36,000 for 2011-12 After Care Program services for former foster youth and approved related actions, as recommended by the Planning Director

33.   APPROVED the Community Development Block Grant Sub-Recipient Agreement for an amount not-to-exceed $150,000 with the Dientes Community Dental Clinic to perform dental services to eligible recipients, as recommended by the Planning Director

34.   ACCEPTED AND FILED the proposed 2011-2012 Capital Improvement Program document and scheduled a study session on the Proposed Capital Improvement Program on Tuesday, June 14, 2011, as recommended by the Director of Public Works

35.   ACCEPTED AND FILED report on the proposed Zero Waste EcoPark Project and directed staff to return on or before October 25, 2011 with a status report, as recommended by the Director of Public Works

36.   ACCEPTED the low bid from Conley General Engineering, Inc., in the amount of $15,800 for Storm Damage Repair County Service Area No. 51 Hopkins Gulch Road Culvert Replacement Project; adopted RESOLUTION NO. 168-2011 accepting and appropriating unanticipated revenue in the amount of $14,495 from the Federal Emergency Management Agency and $4,832 from the California Emergency Management Association; authorized award of contract and approved related actions, as recommended by the Director of Public Works

37.   ACCEPTED the low bid of CRW Industries in the amount of $31,799.53 for the County Service Area No. 34 Larson Road Roadside Turnouts and Widening Project; authorized award of contract and approved related actions, as recommended by the Director of Public Works

38.   APPROVED Contract Change Order No. 10 for the East Cliff Bluff Protection, 32nd Avenue to 36th Avenue and 41st Avenue Project in the amount of $16,200 for modifications to the stainless steel hand railings at all three stairways and approved related actions, as recommended by the Director of Public Works

39.   APPROVED independent contractor agreement with Quincy Engineering, Inc., in the amount of $410,414.84 for engineering design and environmental services for the San Lorenzo Way Bridge Replacement Project through December 31, 2014 and approved related actions; with the additional direction that the Department of Public Works work with the community to discuss issues they may have with bridge outage and related issues

40.   APPROVED plans and specifications and engineer's estimate for Bear Creek Road Storm Damage Repair Project and authorized calling for bids; set the bid opening on June 9, 2011 at 2:15 p.m. in the Public Works conference room and directed staff to return on June 28, 2011 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

41.   APPROVED plans and specifications and engineer's estimate for Shulties Road Storm Damage Repair Project and authorized calling for bids; set the bid opening on June 9, 2011 at 2:15 p.m. in the Public Works conference room and directed staff to return on June 28, 2011 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

42.   APPROVED Proposition 1B Resurfacing List and directed Public Works to submit the Proposition 1B Resurfacing List to the State for processing and allocation of funds, as recommended by the Director of Public Works

43.   APPROVED road closure for the parade; adopted RESOLUTION NO. 169-2011 requesting that Caltrans permit the Annual Boulder Creek 4th of July Parade and closure of Highway 9 and approved related action, as recommended by the Director of Public Works

44.   DEFERRED contract award for the East Cliff Drive Parkway Project - 32nd Avenue to 41st Avenue, to May 24, 2011, as recommended by the Director of Public Works

45.   FOUND that the March 2011 storm event did not permit a competitive solicitation for bids and that action was necessary to respond to emergency debris removal and repairs of County Roads; directed staff to return on or before June 14, 2011 with an emergency projects status report, as recommended by the Director of Public Works

45.1.   DELETED ITEM

46.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED and filed the Relocation Plan for the Capitola Road Neighborhood Commercial/Public Facilities Site, as recommended by the Redevelopment Agency Administrator

46.1.   ACCEPTED AND FILED status report on the Artificial Turf Committee and approved related actions, as recommended by the Director of Parks, Open Spaces, and Cultural Services

46.2.   APPROVED submission of a grant application in the amount of $2,061,859 to the United States Department of Justice, Office of Community Oriented Policing Services, to fund seven deputy positions for three years, as recommended by the Sheriff-Coroner

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

County v. Paul M. Carrick, Santa Cruz Superior Court Case no. CV158731, Sixth District Court of Appeal Case no. H035841

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

4100 Block of Soquel Avenue, North Side, Santa Cruz, CA

Assessor's Parcel Number: 030-341-10

Under Negotiation: Disposition of County Property

Negotiating Parties: Travis Cary, Chief Real Property Agent and Soquel Creek Water District

251 Kings Village Road

Assessor's Parcel Number: 022-211-80

Under Negotiation: Lease agreement

Negotiating Parties: Travis Cary, Chief Real Property Agent and City of Scotts Valley and Scotts Valley Redevelopment Agency

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

48.   CONSIDERED actions concerning efforts by the Citizens Redistricting Commission to re-draw the boundaries for Congressional, Assembly, Senate, and Board of Equalization Districts;

DIRECTED the Chairperson to write a letter to the Citizens Redistricting Commission (CRC) urging the Commission to recognize that Santa Cruz, Monterey, and San Benito Counties are communities of interest, that the State Senate District should be restored to reflect this, and that the Assembly and Congressional Districts should be maintained. In addition, the Chair's letter should request that the CRC hold a public input hearing in Santa Cruz.
CoPLCaS

49.   PRESENTATION made recognizing Emergency Medical Services Week

50.   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 No. 53S - South County Mosquito and Disease Control Assessment and service charge reports for fiscal year 2011-2012;

(1) opened public hearing, to hear objections or protests, to the proposed 2011/2012 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;

(3) ADOPTED RESOLUTION NO. 170-2011 confirming the benefit assessment/rate reports for County Service Area No. 53 for fiscal year 2011/2012
LPCoCaS

51.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, CONDUCTED a public hearing to consider proposed ordinances amending District Code establishing 2011-2012 water and sewer service charges;

closed public hearing;

(1) approved "in concept" Ordinance No. 75 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 for sewer service charges to return on May 24, 2011 for final adoption;

(2) approved "in concept" Ordinance No. 76 amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 for water service charges to return on May 24, 2011 for final adoption;

(3) scheduled Tuesday, June 14, 2011, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge reports; and

(4) 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
CoLPCaS

52.   Public hearing held to consider land exchange agreement for the East Cliff Parkway Project;

opened the public hearing, took public testimony, and continued the public hearing to June 14, 2011, to allow for completion of ongoing negotiations for an acceptable land exchange agreement or alternative project designs that will eliminate the need for a land exchange for the East Cliff Parkway Project
LPCoCaS

53.   Public hearing held to consider proposed amendments to Santa Cruz County Code Chapter 13.10 regarding regulations for fences;

(1) re-opened public hearing on the proposed amendments to County Code Chapter 13.10 regarding fences;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 171-2011 (Attachment 1) making findings and certifying the Notice of Exemption(Attachment 2) for the proposed amendments to County Code Sections 13.10.323, 13.10.325, and 13.10.700 regarding fences;

(4) ADOPTED ORDINANCE NO. 5095 amending County Code Sections 13.10.323, 13.10.325 and 13.10.700 regarding fences (Attachment 3) with the additional direction to revise the table on page 468 to modify the Side/Rear Yard Abutting on a Street to reflect a maximum height without permit outside of corner sight distance triangles of 6 feet; and

(5) directed Planning staff to submit the proposed changes to the California Coastal Commission for certification as part of a 2011 coastal round
PCoLCaS

54.   APPROVED appointment of Richard F. Schmale to the Housing Authority Board of Commissioners, as an at-large tenant representative over the age of 62, for a term to expire May 17, 2013
PCoLCaS

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