Santa Cruz County Board of Supervisors Minutes: 9/23/2008

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2008, NUMBER 26
Tuesday, September 23, 2008

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, 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 - ten people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 9, 2008, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 11, 2008 through September 17, 2008 and approved upon adoption of the 2008/2009 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.   ACCEPTED AND FILED report on the status of the Whistleblower Hotline, as recommended by the Auditor-Controller

11.   SEE ITEM NO. 49.1 REGULAR AGENDA

12.   ACCEPTED AND FILED report on Phase 1 of the Court Facility transfer process; approved various transfer agreements with the Administrative Office of the Court (AOC) for the Juvenile Court, Jail Court, and for leased court office space located at 303 Water Street; adopted RESOLUTION NO. 223-2008 accepting and appropriating unanticipated revenue in the amount of $15,601 from the Administrative Office of the Courts for reimbursement for the Juvenile Court facility related costs; approved a Joint Declaration that provides for an extension of the transfer agreements for the Main Courthouse, the Court occupied space in the County Administration Building, and the new Watsonville Courthouse to December 31, 2008; and approved related actions, including a report back on or before November 18, 2008 with the Phase 2 transfer agreements for the remaining Court facilities, as recommended by the County Administrative Officer

13.   APPROVED amendments to agreements with Teall Messer Architect in the amount of $14,600, Gilbane Building Company in the amount of $39,252, and Ralph Larsen & Son Inc. in the amount of $130,835 and authorized the County Administrative Officer to sign the amendments; and adopted RESOLUTION NO. 224-2008 accepting revenue from the Redevelopment Agency animal services facility budget and appropriating it into the Capital Improvements Budget (Plant) in the total amount of $272,262, as recommended by the County Administrative Officer

14.   APPROVED contract with the Hyas Group in the amount of $12,000 for consultant services regarding the Deferred Compensation program and authorized the Chairperson of the Deferred Compensation Advisory Commission to sign, as recommended by the Chairperson of the Deferred Compensation Advisory Commission

15.   SEE ITEM NO. 49.5 REGULAR AGENDA

16.   DEFERRED report on the County budget cycles and budget processes until November 18, 2008, as directed by the County Administrative Officer

17.   ACCEPTED the low bid from Green Valley Corporation dba Barry Swenson Builder, in the amount of $1,278,379 for the Simpkins Family Swim Center Renovation Project, authorized award of contract and approved related actions, as recommended by the Director of General Services

18.   APPROVED amendment to extend contract with Michael R. Clark for 701 Ocean Street Cafeteria and Food Concession Services through November 28, 2008, as recommended by the Director of General Services

19.   APPROVED the Monterey Bay Area Memorandum of Understanding and authorized the Director of Information Services and the Emergency Services Administrator to sign the Memorandum of Understanding, as recommended by the Director of Information Services and the Emergency Services Administrator

20.   ADOPTED RESOLUTION NO. 225-2008 determining industrial disability retirement for a safety member, as recommended by the Director of Personnel

21.   ADOPTED RESOLUTION NO. 226-2008 determining industrial disability retirement for a safety member, as recommended by the Director of Personnel

22.   ADOPTED RESOLUTION NO. 227-2008 determining industrial disability retirement for a safety member, as recommended by the Director of Personnel

23.   ADOPTED RESOLUTION NO. 228-2008 determining industrial disability retirement for a safety member, as recommended by the Director of Personnel

24.   APPROVED a delinquency prevention contract, in an amount not-to-exceed $50,000, with Pajaro Valley Prevention and Student Assistance (PVPSA) for the period of July 1, 2008 through September 30, 2008; approved the remaining grant amount to be used for the design and oversight of program evaluation; and approved related action, as recommended by the Chief Probation Officer

25.   ACCEPTED AND FILED annual report on the Inmate Welfare Trust Fund for fiscal year 2007/2008, as recommended by the Sheriff-Coroner

26.   SEE ITEM NO. 49.3 REGULAR AGENDA

27.   SEE ITEM NO. 49.4 REGULAR AGENDA

28.   ACCEPTED AND FILED report regarding actions and financing mechanisms necessary to address groundwater overdraft in the Pajaro Groundwater Basin and directed the Water Resources Division Director to provide a further report on October 7, 2008, as recommended by the Director of Health Services

28.1.   ACCEPTED AND FILED status report on the Wheelock Project, as recommended by the Director of Health Services

29.   APPROVED extension of two psychiatric positions until February 1, 2009 and restore a filled .5 FTE Public Health Nurse II position, as recommended by the Director of Health Services

30.   DIRECTED the Health Service Agency to report back with recommendations on Mental Health Housing on October 28, 2008, as recommended by the Director of Health Services

31.   SEE ITEM NO. 49.2 REGULAR AGENDA

31.1.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED a joint public hearing on October 21, 2008, at 9:00 a.m. or thereafter, to consider allocation of additional Redevelopment Agency Housing Funds to assist the Wheelock project, as recommended by the Planning Director

32.   SCHEDULED public hearing on October 21, 2008, at 9:00 a.m. or thereafter, to consider the Planning Commission's recommendation regarding amendments to the County's cell tower ordinance to reduce the visual impacts of cell towers, as recommended by the Planning Director

33.   ACCEPTED the low bid from Stoloski and Gonzales, Inc., in the amount of $169,620 for the 17th Avenue Drainage Improvements in the Redevelopment Agency area; authorized award of contract, made related findings, and approved related actions, as recommended by the Director of Public Works

34.   ACCEPTED the low bid from Trinchero Construction Inc., in the amount of $1,367,576.00 for the 7th Avenue Improvements (Capitola Road to Soquel Avenue) in the Redevelopment Agency area; approved reimbursement agreement with Santa Cruz Water Department in the amount of $37,309.88; adopted RESOLUTION NO. 229-2008 accepting and appropriating unanticipated revenue; authorized award of contract, made related findings, and approved related actions, as recommended by the Director of Public Works

35.   ACCEPTED AND FILED report on the status of the pharmaceuticals and sharps collection program, as recommended by the Director of Public Works

36.   ADOPTED RESOLUTION NO. 230-2008 in support of the submittal of a Household Hazardous Waste grant to the California Integrated Waste Management Board in the amount of $400,000 for a retail take back and Extended Producer Responsibility initiative for fluorescent lights, as recommended by the Director of Public Works

37.   APPROVED agreement with the Coastal Watershed Council for implementation of the Urban Watch and First Flush Volunteer Monitoring Task/Pollution Prevention component of Proposition 50 Integrated Regional Water Management grant in the not-to-exceed amount of $27,968, as recommended by the Director of Public Works

38.   APPROVED agreement with Strategic Construction Management in the amount of $49,832 to provide construction management services, an amendment to the agreement with Sugimura Finney Architects in the amount of $32,798.21 for testing, special inspection, and other required services for the Simpkins Family Swim Center Project and approved related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED and filed a status report and approved Agency financing in the amount $11,500 for a contract amendment to the consultant agreement with Boone/Low Architects & Planners for the Live Oak Resource Center Project, as recommended by the Redevelopment Agency Administrator

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDVELOPMENT AGENCY, APPROVED agency financing in the amount of $32,798.21 for a contract amendment to the consultant agreement with Sugimura Finney Associates, Architect, and $49,832 for a new consultant agreement with Strategic Construction Management for the Simpkins Family Swim Center Renovation Project, as recommended by the Redevelopment Agency Administrator

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDVELOPMENT AGENCY, APPROVED Agency funds totaling $1,354,798 for the cost of construction of the Simpkins Family Swim Center Renovation Project, as recommended by the Redevelopment Agency Administrator

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDVELOPMENT AGENCY, APPROVED financing in the amount of $219,687 for various design and construction related services for the Animal Services Facility Project, and approved related actions, as recommended by the Redevelopment Agency Administrator

43.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDVELOPMENT AGENCY, APPROVED Agency funds totaling $1,760,181.35 for the cost of construction of the 7th Avenue Improvement Project (Capitola Road to Soquel Avenue), and approved related actions, as recommended by the Redevelopment Agency Administrator

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDVELOPMENT AGENCY, APPROVED Agency funds in the amount of $284,213.40 for the cost of construction of the 17th Avenue Drainage Improvement Project, and approved related actions, as recommended by the Redevelopment Agency Administrator

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

Karen Sue Sallovitz v. Gabriella Magana, Deputy Nielson, Shawna Brim, Santa Cruz County Sheriff Department, Unnamed Security Officer 1, and DOES 1-10, Santa Cruz Superior Court Case Number CV158872

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

46.   CONSIDERED status report on County Code land use regulations; authorize the issuance of a Request for Proposals (RFP) for evaluation, codification, and maintenance of the County Code, and related actions;

(1) accepted and filed report on the status of the County Code;

(2) directed the Clerk of the Board to develop and maintain centralized copies of all adopted and pending ordinances that have not yet been published in the official County Code, both in hard copy and on-line;

(3) authorized the County Administrative Office to issue a Request for Proposals for document management services for codification and maintenance of the County Code; and

(4) directed the County Administrative Office to return to the Board with a recommended vendor on November 25, 2008;

(5) with additional directions: (a) on Attachment A, Draft RFP Components, under Section I(a), Review and Analysis, remove the words validity and enforceability, and make it clear that this is a ministerial review; (b) inform the Board of Supervisors of any future discrepancies or issues with the County Code as codified
SCaBCoP

47.   Public hearing held to consider conversion of public roads to private use;

closed public hearing;

(1) discontinued process of abandonment with respect to Valley View Road and Little Basin Road; and

(2) directed Public Works to report back on or before October 28, 2008, with a resolution removing Troy Road and Saratoga Toll Road from the County's maintained road system
BSCoCaP

48.   CONSIDERED status of Atkinson Lane planning process;

(1) considered public comments on the various concepts for the Atkinson Site;

(2) selected Concept 3b as the preferred land use alternative to review in the EIR process;

(3) directed that Concept 3a be considered as an alternative in the EIR; and

(4) directed staff to report back to the Board, as appropriate, on the progress of the joint planning process;

(5) with an additional direction the Agricultural Buffer shall be 200 feet
CoB(Ca)SP (Supervisor Campos abstained due to a Conflict of Interest)

49.   Public hearing held to consider 2009 Growth Goal;

(1) opened public hearing on the setting of the Year 2009 Growth Goal;

(2) referred matter to the Planning Commission for consideration and recommendation to the Board; and

(3) continued the public hearing to December 9, 2008 with direction to staff to return with the recommendation of the Planning Commission and a resolution for final action
BCocaSP

49.1.   ADOPTED RESOLUTION NO. 231-2008 approving the 2008-2009 budget for County Funds and Special Districts Governed by the Board of Supervisors per Exhibit A; canceled various appropriations due to insufficient funding or contingency balances that exceed legal limitations as shown on Exhibit B, and referred to the County Administrative Office for a report back on any additionally needed actions on or before October 28, 2008; adopted RESOLUTION NO. 232-2008 establishing Fiscal Year 2008-2009 appropriation limitations for the County and Board Governed Special Districts as shown on Exhibit C; and approved the transfers of appropriations and adopted RESOLUTION NO. 233-2008 accepting unanticipated revenue related to the prior fiscal year, as shown on Exhibit D, as recommended by the Auditor-Controller
CoCaBSP

49.2.   ADOPTED RESOLUTION NO. 234-2008 accepting and appropriating unanticipated revenue in the amount of $115,000 for the Primeros Pasos Program to provide child abuse prevention services; adopted RESOLUTION NO. 235-2008 designating the Children's Network of Santa Cruz County as the child abuse coordinating council; and authorized the Human Services Director to sign contract with United Way of Santa Cruz County in the amount of $15,000 for core Child Abuse Prevention Council functions, as recommended by the Director of Human Services
SCaBCoP

49.3.   ACCEPTED nomination of Bruce Mc Guire for appointment to the Building and Fire Code Appeals Board, as an at-large representative in the category "person experienced in construction" for a term staggered by lot, with final appointment to be considered on October 7, 2008, as recommended by Supervisor Beautz
CoBCaSP

49.4.   ACCEPTED nominations of Michael Bush, David Mc Murry, Michael Bethke, Daniel Bronson, and William Neighbors for appointment to the Building and Fire Code Appeals Board, as at-large representatives in the categories indicated, for terms to be staggered by lot, with final appointment to be considered on October 7, 2008, as recommended by Supervisor Pirie
CoBCaSP

49.5.   APPROVED response to the 2007-2008 Grand Jury Final Report, and approved related actions, as directed by the County Administrative Officer
CoBCaSP

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