Santa Cruz County Board of Supervisors Minutes: 5/24/2011

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2011, NUMBER 13
Tuesday, May 24, 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 66.1, 66.2, 66.3, 66.4 and 66.5
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.   DELETED ITEM

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

9.1.   DENIED application to file a late claim on behalf of Elizabeth Loperfido for the Scotts Valley Fire Protection District, Claim No. 011-061A, and referred to County Counsel

10.   REJECTED claim of Edward A. Maghakian, Claim No. 011-088, and referred to County Counsel

11.   REJECTED claim of Bob and Gay Allen, Claim No. 011-088A, and referred to County Counsel

12.   REJECTED claim of Patricia Cox, Claim No. 011-088B, and referred to County Counsel

13.   REJECTED claim of Marilyn Bierach, Claim No. 011-088C, and referred to County Counsel

14.   REJECTED claim of Cathy Sutton, Claim No. 011-088D, and referred to County Counsel

15.   REJECTED claim of Mark and Barbara Vasko, Claim No. 011-088E, and referred to County Counsel

16.   REJECTED claim of David and Vanessa Drivon, Claim No. 011-088F, and referred to County Counsel

17.   REJECTED claim of Larry, Amber, and Natalie Machado and dog Odin, Claim No. 011-088G, and referred to County Counsel

18.   REJECTED claim of Larry Machado, Carol Lerno, Nancy Peteren, and Marlene Cooper, Claim No. 011-088H, and referred to County Counsel

19.   REJECTED claim of David and Vivian E. Blomekamp, Claim No. 011-088I, and referred to County Counsel

20.   REJECTED claim of James Alexander Saunders, Claim No. 011-090, and referred to County Counsel

21.   REJECTED claim of Georgia Williams-Murphy, Claim No. 011-085, and referred to County Counsel

22.   REJECTED claim of Robert Crompton, Dana Crompton, Andrew Kell, and Stephanie Crocker, Claim No. 011-092A, and referred to County Counsel

23.   REJECTED claim of Robert Crompton, Dana Crompton, Andrew Kell, and Stephanie Crocker, Claim No. 011-092, and referred to County Counsel

24.   GRANTED application to file a late claim on behalf of Fred Leggett, Claim No. 011-094A, and referred to County Counsel

25.   REJECTED claim of Fred Leggett, Claim No. 011-094, and referred to County Counsel

26.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 75 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 - Sewer Service Charges

27.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 76 amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 - Water Service Charges

28.   APPROVED grant agreement in the amount of $4,450 from the Santa Cruz County Mosquito and Vector Control (County Service Area No. 53) to the Mosquito Research Foundation for 2011-2012 mosquito and vector-borne disease research and approved related actions, as recommended by the Agricultural Commissioner

29.   ADOPTED RESOLUTION NO. 172-2011 authorizing the temporary transfer of funds to the specified school districts and approved related actions, as recommended by the Auditor-Controller

30.   ACCEPTED AND FILED the Single Audit Report of the County of Santa Cruz for the fiscal year ended June 30, 2010, as recommended by the Auditor-Controller

30.1.   APPROVED transfer of appropriations in the amount of $8,000 from supplies to fixed assets and approved the purchase of a replacement scanner, as recommended by the County Clerk

31.   ACCEPTED AND FILED report on the Redistricting of Supervisorial Boundaries; scheduled public meetings for Tuesday, June 14, 2011 at 10:45 a.m. in the Board Chambers, 701 Ocean Street, Room 525, Santa Cruz CA, and on Monday, June 20, 2011 at 7:30 p.m. or thereafter in the Watsonville City Council Chambers, 275 Main Street, 4th Floor, Watsonville, CA, and approved related actions, as recommended by the County Administrative Officer

32.   APPROVED realignment of appropriations and adopted RESOLUTION NO. 173-2011 through RESOLUTION NO. 177-2011 accepting unanticipated revenue within several departments for 2010-2011, as recommended by the County Administrative Officer

33.   ACCEPTED status report on the modified automatic aid agreement with Santa Clara County and the development of a new agreement with that county which would provide reimbursement to Santa Cruz County Fire for responses into the remaining uncovered areas; and directed staff to return on or before June 28, 2011 with the final automatic aid agreement for approval; and with a status report on Santa Clara County reimbursement to Santa Cruz County Fire for emergency response into the remaining unprotected areas, as recommended by the Director of General Services

34.   SEE ITEM NO. 71.3 REGULAR AGENDA

35.   AWARDED contract in the amount of $44,567 to CRW Industries for the Pinto Lake County Park Accessible Pathway Improvements Project and approved related actions, as recommended by the Director of General Services

36.   AWARDED contract in the amount of $146,870 to Selden & Son for the 1430 Freedom Boulevard Remodel Project and approved related actions, as recommended by the Director of General Services

37.   AWARDED contract in the amount of $91,559 to Green Valley Corporation, dba Barry Swenson Builder for the 1080 Emeline Clinic Remodel Project and approved related actions, as recommended by the Directors of General Services and Health Services

38.   ACCEPTED AND FILED status report on the Phase III Property Tax Software Project and directed staff to return on October 4, 2011 with a further status report, as recommended by the Director of Information Services

39.   ADOPTED RESOLUTION NO. 178-2011 accepting and appropriating unanticipated revenue in the amount of $5,000 and approved renewal of W. Haywood Burns Institute agreement, increasing the amount to $44,000, as recommended by the Chief Probation Officer

40.   APPROVED amendment to contract with the Corrections Standards Authority, extending the term of the Anger Management and Youth Violence Prevention Grant through December 31, 2011 and approved related actions, as recommended by the Chief Probation Officer

40.1.   APPROVED an operating transfer from the Probation Foster Care and Juvenile Institution Index to the General Services Department Fleet Operations Index in the amount of $10,000 to purchase a replacement van and approved related actions, as recommended by the Chief Probation Officer

41.   APPROVED appointment of Judi Dianne Lazenby as the Fourth District alternate representative to the Planning Commission for a term to expire January 5, 2015, as recommended by Supervisor Caput
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42.   ACCEPTED nomination of Owen Lawlor for appointment to the Housing Authority Board of Commissioners, as an at-large representative, for a term to expire June 14, 2015, with final appointment to be considered June 14, 2011, as recommended by Supervisor Coonerty

43.   ADOPTED RESOLUTION NO, 179-2011 in support of Assembly Bill 52, which would protect consumers and businesses by empowering State regulators to rejected excessive health insurance rate increases, as recommended by Supervisor Coonerty

44.   DIRECTED the County Administrative Officer to investigate the impacts of proposed State Park closures on the County and report back to the Board on June 14, 2011, as recommended by Supervisor Coonerty

45.   APPROVED the recommendation of County Counsel to designate the Santa Cruz County Library Joint Powers Authority as the County's designee pursuant to the 1990 agreement as amended for the two year term of the lease subject to the Santa Cruz County Library Joint Powers Authority meeting to discuss and accept the terms of the lease

46.   ACCEPTED AND FILED the 2010 Annual Report of the Santa Cruz County Medical Reserve Corps of California, as recommended by the Director of Health Services

47.   ACCEPTED AND FILED annual report of the Emergency Management Council's Coordination Committee and directed the General Services and Health Services Agency Directors to incorporate future Committee Annual Reports into the Emergency Management Council's Annual Report, as recommended by the Directors of Health Services and General Services

48.   SEE ITEM NO. 71.4 REGULAR AGENDA

49.   ACCEPTED AND FILED status report on fish passage and stream habitat restoration adaptive management services request for proposals; directed staff to return August 23, 2011 with a recommendation for award of contract and an agreement with the California Department of Fish and Game for funding of stream habitat restoration projects, as recommended by the Director of Health Services

50.   ADOPTED RESOLUTION NO. 180-2011 confirming County Service Area No. 12, Wastewater Management, establishing assessments/service charges; adopted RESOLUTION NO. 181-2011 setting a public hearing on June 21, 2011 at 9:00 a.m. or thereafter, to consider proposed 2011-2012 assessment service charge reports and approved related actions, as recommended by the Director of Health Services

51.   APPROVED agreement between the University of California Santa Cruz Fire Department and the Health Services Agency to initiate service as an approved paramedic service provider and approved related actions, as recommended by the Director of Health Services

52.   APPROVED Healthy Kids agreements with Central California Alliance for Health; approved managed care agreements with the State Department of Health Care Services and approved related actions, as recommended by the Director of Health Services

53.   APPROVED amended sub-grantee agreements between the Regional Water Management Foundation and the Health Services Agency and the Regional Water Management Foundation and the Public Works Department for continued implementation of integrated regional water management projects and approved related actions, as recommended by the Directors of Health Services and Public Works

54.   ADOPTED RESOLUTION NO. 182-2011 accepting unanticipated revenue in the amount of $350,000 and approved the purchase of services with HP Enterprise Services for the development of the My Benefits Portal not-to-exceed $350,000, as recommended by the Director of Human Services

55.   APPROVED agreement with Language People in the amount of $40,000 to provide interpretation and translation services and approved related actions, as recommended by the Director of Human Services

56.   APPROVED contract amendment with Community Action Board increasing the Emergency Payments Program contract in the amount of $45,000, effective May 1, 2011, and approved related actions, as recommended by the Director of Human Services

57.   ACCEPTED AND FILED status report on ordinance amendments allowing garages in rear yard setbacks and the use of exceptions to design standards in the Pleasure Point combining zone district, as recommended by the Planning Director

58.   SCHEDULED a public hearing on Tuesday, June 21, 2011 at 9:00 a.m. or thereafter to consider Application No. 11083, a proposal to rezone three county-owned parcels, Assessor's Parcel Numbers 026-111-03 and 029-171-05 from R-1-6-D (Residential, one unit per 6000 square feet - Designated Park Site Combining Zone District) to PR (Parks, Recreation, and Open Space), and Assessor's Parcel Number 028-302-04 from R-1-5-D-PP (Residential, one unit per 5,000 square feet-Designated Park Site Combining Zone District-Pleasure Point Community Design Combining District) to PR-PP (Parks Recreation and Open Space-Pleasure Point Community Design Combining District) Zone District, as recommended by the Planning Director

59.   ACCEPTED AND FILED report on the Fluorescent Lamp Retail Takeback Program and directed staff to return on or before June 28, 2011 with a further status report, as recommended by the Director of Public Works

60.   ACCEPTED the improvements and approved the final cost of $715,654.88 for the Green Valley/Airport Boulevard/Holohan Road Signal Improvement Project and approved related actions, as recommended by the Director of Public Works

61.   APPROVED copy of agreement between the County of Santa Cruz and the Santa Cruz Port District for engineering services rendered in connection with the tsunami wave surge disaster assistance and approved related actions, as recommended by the Director of Public Works

62.   AUTHORIZED payment to Ecology Action in the amount of $1,200, as outlined, for the Earth Day 2011 event, as recommended by the Director of Public Works and the Chief of Public Health

63.   FOUND that the debris flow on Nelson Road did not permit competitive solicitation for bids and that the actions taken were necessary to construct an emergency bypass road for health and safety reasons; directed staff to return on June 14, 2011, with an emergency project status update, as recommended by the Director of Public Works

64.   ADOPTED RESOLUTION NO. 183-2011 establishing the service charge for 2011-2012 to cover Parks debt service and adopted RESOLUTION NO. 184-2011 scheduling a public hearing Tuesday, August 2, 2011 at 9:00 a.m. or thereafter to consider the proposed service charge reports, and approved related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

65.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED Memorandum of Agreement for Integrated Regional Water Management; approved amended sub-grantee agreement with the Regional Water Management Foundation, a subsidiary of the Community Foundation of Santa Cruz, for continued implementation of integrated regional water management projects and approved related actions, as recommended by the District Engineer

65.1.   SEE ITEM NO. 71.2 REGULAR AGENDA

66.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the proposed 2011-2012 Redevelopment Agency Budget; set June 22, 2011 at 9:00 a.m. or thereafter as the time and date for conducting a public hearing on the Proposed Redevelopment Agency Budget; and approved related action, as recommended by the Executive Director of the Redevelopment Agency

66.1.   SEE ITEM NO. 71.1 REGULAR AGENDA

66.2.   ADOPTED RESOLUTION NO. 185-2011 for Property Disposition declaring the Board's intention to dispose of a portion of County-owned property; authorized the Chief Real Property Agent to negotiate a Purchase and Sale Agreement with Soquel Creek Water District; scheduled June 21, 2011, as a public hearing to consider agreement for the proposed property disposition; and approved related actions, as recommended by the Director of Public Works

66.3.   SCHEDULED a public hearing to consider adoption of the Heart of Soquel Linear Park and Parking Improvements Conceptual Master Plan for the morning agenda on June 21, 2011 at 9:00 a.m. or thereafter, and approved related actions, as recommended by the Redevelopment Agency Administrator

66.4.   AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, ADOPTED RESOLUTION NO. 186-2011 canceling estimated revenues and appropriations transferring funds in the amount of $3,466,094 to the Redevelopment Agency in order to award the East Cliff Drive Parkway Project; approved the Utility Reimbursement Agreement with the City of Santa Cruz Water Department; adopted RESOLUTION NO. 187-2011 accepting and appropriating unanticipated revenue in the amount of $41,745.38 from the City of Santa Cruz Water Department; adopted RESOLUTION NO. 188-2011 authorizing repayment of water services funds obligating Public Works to reimburse the Redevelopment Agency in the amount of $38,475; made related findings and approved related actions, as recommended by the Director of Public Works

66.5.   SEE ITEM NO. 71.5 REGULAR AGENDA

67.   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

AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD,

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: In Home Supportive Services Public Authority Employees

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

68.   Public hearing held to consider the 2010-2011 Community Development Block Grant Planning and Technical Grant Assistance Grant application, with recommendation to include proposals to fund a Housing Condition survey by the County of Santa Cruz Planning Department, a site analysis for County-owned property at 7th Avenue and Brommer Street by the County Economic Development Office, and a feasibility analysis for a Supportive Housing Project by the Santa Cruz Community Counseling Center;

(1) opened public hearing for discussion of the County's application for the CDBG Planning and Technical Assistance;

(2) closed public hearing;

(3) selected the following proposals to be included in the County's CDBG Planning and Technical Assistance proposal:

"Housing Conditions Survey" to evaluate the condition of the existing housing inventory within unincorporated areas of the County ($35,000 Non-Project Specific Study) by the County of Santa Cruz Planning Department

County-Owned Site at 7th Avenue and Brommer Street: Site Analysis ($70,000 Economic Development Project Specific Study) by County Economic Development Office

Feasibility Analysis and Site Identification Study for Small Permanent Supportive Housing Project ($35,000 Non-Project Specific Study) by the Santa Cruz Community Counseling Center (SCCCC)

(4) ADOPTED RESOLUTION NO. 189-2011 authorizing County matching funds for County initiated projects, approving the application and authorizing the submittal of the application to the State on May 25, 2011 (Attachment 1); and

(5) directed staff to notify the Board of the funding status of the County's 2010-2011 Planning and Technical Assistance Application upon State release of grant award information
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69.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on the 2011-2012 Freedom County Sanitation District sewer service charge report;

(1) opened public hearing, to hear objections or protests, to the proposed 2011/2012 sewer service charge report for the Freedom County Sanitation District;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 190-2011 confirming the 2011/2012 sewer service charge report for the Freedom County Sanitation District
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70.   CONSIDERED the issuance of 2011-2012 Tax and Revenue Anticipation Notes in the not-to-exceed amount of $48,000,000 and adoption of a resolution authorizing the issuance and sale of County of Santa Cruz 2011-2012 Tax and Revenue Anticipation Notes and approving the form of the Preliminary Official Statement and Note Purchase Agreement and related actions;

(1) authorized the Auditor-Controller to proceed with necessary actions to secure the 2011-2012 Tax and Revenue Anticipation Notes not-to-exceed a total of $48,000,000; and

(2) ADOPTED RESOLUTION NO. 191-2011 authorizing the sale of 2011-2012 Tax and Revenue Anticipation Notes, and approving the form of the Preliminary Official Statement and the Note Purchase Agreement, and providing for execution of documents in connection with the issuance of the 2011-2012 Tax and Revenue Anticipation Notes
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71.   APPROVED appointment of Patrick Mulhearn to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2014
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71.1.   DIRECTED the Planning Department and County Counsel to return to the Board on June 28, 2011, with a review of both the Energy Upgrade California program and the California Rural Home Mortgage Finance Authority Residential Energy Retrofit Program, including recommendations for Board consideration if it is deemed that participation in these programs is appropriate, as recommended by Supervisors Stone and Leopold
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71.2.   ACCEPTED AND FILED report on the status of third party agreements and properties within the redevelopment project area and approved related actions; with the additional direction that staff return on June 21, 2011 with required deed restrictions and a status report on the imposition of a moratoria on those properties where General Plan amendments and/or rezonings are proposed
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71.3.   ACCEPTED status report on the Veteran's Memorial Building repair project with the additional direction that staff to return with the Vanir team's final project report and associated recommendations on or before June 23, 2011
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71.4.   ACCEPTED AND FILED report on the County Water Resources Program efforts to evaluate the feasibility and benefits of conjunctive use and water transfers among water agencies, as recommended by the Director of Health Services
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71.5.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the low bid of Granite Rock Company dba Pavex Construction Division in the amount of $3,150,994 for the East Cliff Drive Parkway Project and authorized award of contract; made related findings; approved transfer of re-appropriating funds; adopted RESOLUTION NO. 192-2011 authorizing the Redevelopment Agency to fund the Water Services work during construction in the amount of $38,475, prior to repayment from the Department of Public Works; and approved related actions, as recommended by the Redevelopment Agency Administrator
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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