Santa Cruz County Board of Supervisors Minutes: 11/9/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 24
Tuesday, November 9, 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 Closed Session Agenda, Item No. 43: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Alexandra Pomianowski, an incompetent, by and through her Guardian ad Litem, Deborah Herting v. County of Santa Cruz; Steven Michael Peters; Ford Motor Company, Santa Cruz Superior Court Case No. CV 165777
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 October 26, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 21, 2010 through November 3, 2010 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.   APPROVED contract with BMI Imaging Systems for redaction of social security numbers from historical records preserved on the Digital Reel system and approved related actions, as recommended by the Assessor-Recorder

11.   APPROVED contract with ICMA-RC to act as the County's Deferred Compensation Plan Administrator and approved related actions, as recommended by the County Administrative Officer

12.   APPROVED a gross pay adjustment in the amount of $245.93, as recommended by the County Clerk

13.   ACCEPTED report on the 2010-2011 Santa Cruz Auto Theft Reduction Program; approved agreement with the City of Watsonville in the amount of $89,458 and approved related actions, as recommended by the District Attorney

14.   RATIFIED authorization of the District Attorney to sign a Certification of Assurance of Compliance and submit an application to the State Emergency Management Agency in the amount of $79,793 for 2010 Underserved Victim Advocacy and Outreach Program, as recommended by the District Attorney

15.   ACCEPTED AND FILED the 2009-2010 Equal Opportunity Annual Report, as recommended by the Equal Employment Opportunity Officer and the Personnel Director

16.   ACCEPTED AND FILED report on the Santa Cruz Veteran's Memorial Building Repair Project and return to the Board with an update on or before the second meeting in January 2011, as recommended by the Directors of General Services and Parks, Open Spaces, and Cultural Services

17.   ACCEPTED AND FILED report on the Inmate Welfare Program, with the additional direction that the Sheriff in future years to return at budget time with the proposed Inmate Welfare Fund budget.

18.   APPROVED and adopted the County of Santa Cruz 2011 Investment Policy, as recommended by the Treasurer-Tax Collector

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

20.   ADOPTED RESOLUTION NO. 289-2010 authorizing the sale of tax-defaulted property at public auction, as recommended by the Treasurer-Tax Collector

21.   ACCEPTED nomination of Barbie Gomez for appointment to the Artificial Turf Committee, as a representative of the Parks and Recreation Commission, for a term to expire July 31, 2011, with final appointment to be considered on November 16, 2010, as recommended by Supervisor Campos

22.   ACCEPTED nomination of Linda Wilshusen for appointment to the Artificial Turf Committee, as an at-large representative of a neighborhood organization in the unincorporated part of the County, for a term to expire July 31, 2011, with final appointment to be considered on November 16, 2010, as recommended by Supervisor Coonerty

23.   ACCEPTED nomination of Ned Spencer, Calla Schmidt, Edward Murrer and Katherine Sweet for appointment to the Artificial Turf Committee, as at-large representatives in the categories indicated, for terms to expire July 31, 2011, with final appointment to be considered on November 16, 2010, as recommended by Supervisor Leopold

24.   ACCEPTED nomination of Patrick Kelley for appointment to the Artificial Turf Committee, as an at-large representative of a neighborhood organization in the unincorporated part of the County, for a term to expire July 31, 2011, with final appointment to be considered on November 16, 2010, as recommended by Supervisor Pirie

25.   ACCEPTED nomination of David Mercer and Dr. Michael Coulson for appointment to the Artificial Turf Committee, as at-large representative in the categories indicated, for terms to expire July 31, 2011, with final appointment to be considered on November 16, 2010, as recommended by Supervisor Stone

26.   ACCEPTED notification of vacancy on the Pajaro Valley Water Management Agency Board of Directors, for a representative of the County of Santa Cruz, with nominations for appointment to be received on December 7, 2010, and final appointment to be considered on December 14, 2010, as recommended by Chairperson Campos

27.   ACCEPTED notification of an at-large vacancy on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on December 7, 2010, and final appointment to be considered on December 14, 2010, as recommended by Chairperson Campos

27.1.   APPROVED 2011 Board meeting schedule and adopted RESOLUTION NO. 290-2010 establishing June 14, 2011 through June 24, 2011 as the period of time during which budget hearings will be held, as recommended by Chairperson Campos

28.   AUTHORIZED a gross pay adjustment for an employee in the Health Services Agency in the amount of $226.38, as recommended by the Director of Health Services

29.   ACCEPTED AND FILED report on the Workforce Investment Board's Summer Youth Employment, with an additional direction that the Chairperson write to our Federal representatives, urging them to continue funding this program.

30.   APPROVED the service agreement in the amount of $173,555 with First 5 Santa Cruz County for 2011 Positive Parenting Program services, and approved related actions, as recommended by the Director of Human Services

31.   ADOPTED RESOLUTION NO. 291-2010 accepting and appropriating unanticipated funds in the amount of $128,700 from the State of California; approved agreements with the Santa Cruz County Office of Education in the amount of $944,131; with Cabrillo College in the amount of $273,829; with Shoreline Workforce Development Services in the amount of $190,000; approved a revenue agreement in the amount of $20,000 with Cabrillo College to address Workforce Investment Act reporting requirements; approved a Memorandum of Understanding with the North Valley Workforce Investment Board in the amount of $20,000 and approved related actions, as recommended by the Director of Human Services

32.   AUTHORIZED the Planning Director to submit an application to the United States Department of Housing and Urban Development for funding in the total amount of $1,695,505 through the McKinney-Vento Homeless Assistance Program for continuing and new programs, as recommended by the Planning Director

33.   SCHEDULED a public hearing on Tuesday, December 7, 2010 at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission regarding the proposed ordinance amendment to allow Emergency Homeless Shelters in the Public Facility (PF) zone district and approved related action, as recommended by the Planning Director

34.   SCHEDULED a public hearing on Tuesday, December 7, 2010 at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission to approve amendments to Santa Cruz County Code Section 13.10.323 regarding allowing garage and carport areas to be located within side and rear setback areas on residential parcels, subject to certain provisions, as recommended by the Planning Director

35.   SEE ITEM NO. 49.1 REGULAR AGENDA

35.1.   ACCEPTED AND FILED report on the 2010-2011 Community Development Block Grant (CDBG) and CalHOME applications; approved recommendations on the County's annual CDBG program and scheduled a public hearing on Tuesday, January 25, 2011 at 9:00 a.m. or thereafter to consider the 2011-2012 CDBG program, and approved related actions, as recommended by the Planning Director

36.   ACCEPTED AND FILED status report on the Aptos Village Plan railroad crossing improvements and directed staff to return with a status report on or before the last meeting in January 2011, as recommended by the Director of Public Works

37.   ACCEPTED status report on issues related to the proposed single-use bag ordinance and directed staff to return in February 2011 with a status report and recommendations for action on the proposed ordinance, as recommended by the Director of Public Works

38.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, APPROVED amendment to agreement recognizing the name change of Pacific Coast Forecasting to Pacific HydroMet LLC, and approving the 2010-2012 rate schedule for the County's ALERT flood monitoring system and approved related actions, as recommended by the Director of Public Works

39.   APPROVED plans and specifications and engineer's estimate for the Graham Hill Road Improvement Project; authorized calling for bids and set the bid opening on Thursday, December 2, 2010 at 2:15 p.m. in the Public Works Conference Room; directed staff to return on or before Tuesday, December 14, 2010 with a recommendation for award of contract and approved related actions, as recommended by the Director of Public Works

40.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED contract change order no. 14 in the amount of $60,138.94 for the Davenport Water Treatment System Improvement Project and approved related actions, as recommended by the District Engineer

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED amendment to agreement with RRM Design Group in the amount of $150,680 for additional design services for the Twin lakes Beachfront Project and approved related actions, as recommended by the Redevelopment Agency Administrator

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED amendment to agreement with Moore Iacofano Goltsman, Inc. in the amount of $124,225 for design services for the Farm Neighborhood Park and Community Center Project and approved related actions, as recommended by the Redevelopment Agency Administrator

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Alexandra Pomianowski, an incompetent, by and through her Guardian ad Litem, Deborah Herting v. County of Santa Cruz; Steven Michael Peters; Ford Motor Company, Santa Cruz Superior Court Case No. CV 165777

CONFERENCE WITH LABOR NEGOATIATOR

Agency Negotiator: Director of Personnel

Employee organization: All County Employee Organizations and Associations

AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY,

CONFERENCE WITH LABOR NEGOTIATOR

In Home Supportive Services Public Authority Negotiator: Director of Human Service and Director of Personnel

Employee organization: In Home Supportive Services Public Authority Employees

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

44.   PRESENTATION made by the representatives of the Second Harvest Food Bank and established November 8 through December 3, 2010 as the period for contributions to the Food Drive at County facilities

45.   Public hearing held to consider adopting in concept an ordinance amending Chapter 12.10 and repealing Chapter 13.38 of the Santa Cruz County Code for the purpose of adopting the 2010 California Building Standards Code and local amendments;

(1) closed public hearing;

(2) ADOPTED RESOLUTION NO. 292-2010 approving the amendments to the Building Standards Code, also known as, Title 24 of the California Code of Regulations, with their express findings, for filing with the California Building Standards Commission, as required by California Health and Safety Code Section 17958.7;

(3) adopted the CEQA Notice of Exemption;

(4) approved "in concept" ordinance amending County Code Chapter 12.10 and repealing Chapter 13.38 for the purpose of adopting the 2010 Building Standards Code with local amendment to return on November 16, 2010 for final adoption; and

(5) directed the Planning Director to return on November 16, 2010 for approval to submit the technical amendments to the 2010 Building Standards Codes with the express findings to the California Building Standards Commission
PCoLSCa

46.   Public hearing held to consider extension of Interim Ordinance No. 5075 for a period of 10 months and 15 days to prohibit the establishment of medical marijuana dispensaries and production houses in the unincorporated area of Santa Cruz County and to consider in concept an ordinance amending Section 13.10,700-M and Section 13.10.332 (B) and adding Section 13.10.670 of the Santa Cruz County Code Relating to the Regulation of Medical Marijuana Cooperatives;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 5077 interim ordinance, on an urgency basis, extending a temporary moratorium on the establishment of medical marijuana dispensaries and production houses in the unincorporated area of Santa Cruz County for an additional ten months and 15 days; and

(2) directed staff to commence and conduct the necessary legal process for the County to formally consider the draft Ordinance regulating medical marijuana cooperatives
SPLCoCa

47.   CONSIDERED adoption in concept of an ordinance amending County Code Section 2.37, Purchasing Procedures;

approved "in concept" ordinance amending Chapter 2.37 of the Purchasing Procedures related to local preference purchasing to return on November 16, 2010 for final adoption
PSLCoCa

48.   PRESENTATION made of the Sheriff's Facility Plan;

authorized the Sheriff's Office to prepare a Request for Proposals (RFP) to pre-qualify a Project Architect to provide services for this project
LSPCoCa

49.   CONSIDERED report regarding an approach and timeline for phase two of Community Programs funding analysis and recommendations; directed the Human Services Department to meet with the Human Care Alliance, to negotiate this process to create something that is shorter, that has a community steering committee that is inclusive and to have that process presented to the Human Services Commission for their recommendation to this Board, and to ensure that Board of Supervisors remains the decision maker of how community program dollars are spent.
LSPCoCa

49.1.   SCHEDULED a public hearing on Tuesday, December 14, 2010 at 9:00 a.m. or thereafter, to consider adoption in concept of a proposed vacation rental ordinance and related actions, as recommended by the Planning Director

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