Santa Cruz County Board of Supervisors Minutes: 10/7/2008

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2008, NUMBER 27
Tuesday, October 7, 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.		ADDED to the Consent Agenda: Item No. 48.1 ADDED to the Regular Agenda: Item No. 54.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eight people addressed the Board and continued oral communications to the last item on the Regular Agenda; three people addressed the board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 16, 2008 and September 23, 2008, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 18, 2008 through October 1, 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.   REJECTED the claim of Wanda Braschi, Claim No. 809-015, as insufficiently filed, and referred to County Counsel

11.   AUTHORIZED the Auditor-Controller to sign the contract amendment with Bartel Associates, LLC, reallocating savings of $11,280 to any fiscal year during the remaining life of the contract, with no net increase in the contract total, as recommended by the Auditor-Controller

12.   ACCEPTED AND FILED status report on Community Development Block Grant (CDBG) General and Planning and Technical Assistance (PTA) Allocations, and schedule public hearing on Tuesday, October 21, 2008, at 9:00 a.m. or thereafter, to considered submitting an application for the PTA Allocation, as recommended by the County Administrative Officer

13.   ADOPTED RESOLUTION NO. 236-2008 amending the 2004-05 loan from the Redevelopment Agency pursuant to Assembly Bill 2115 and authorizing repayment of the Loan in accordance with the provisions of State Law; ADOPTED RESOLUTION NO. 237-2008 amending the 2005-06 loan from the County Redevelopment Agency pursuant to Assembly Bill 2115 and authorizing repayment of the loan in accordance with the provisions of State Law, as recommended by the County Administrative Officer

14.   SEE ITEM NO. 54.4 REGULAR AGENDA

15.   APPROVED payment of prior-year claims in the amount of $11,557 for indigent defense attorney George Gigarjian and $2,352.50 for indigent defense attorney Mitchell Page for legal services, as recommended by the County Administrative Officer

16.   ADOPTED RESOLUTION NO. 238-2008 accepting and appropriating $200,000 from the 2007 Super Urban Area Security Initiative (SUASI) Homeland Security Grant Program for citizen preparedness projects, training, and exercise activities; and authorized the Acting Director of General Services to execute the grant agreement, as recommended by the Acting Director of General Services

17.   APPROVED deferral of 263 Water Street Remodel Project until alternative funding sources can be identified, as recommended by the Acting Director of General Services

18.   APPROVED plans and specifications, for the Main Jail Inmate Shower Repair Project; directed the General Services Department to advertise for bids; set the bid opening for 3:00 p.m. on November 5, 2008, as recommended by the Acting Director of General Services

19.   APPROVED plans and specifications for the Rountree Complex Front Fencing Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on November 5, 2008, as recommended by the Acting Director of General Services

20.   AWARDED contract to The Bay Food Company, Inc. for 701 Ocean Street Cafeteria and Food Concession Services through November 28, 2012, as recommended by the Acting Director of General Services

21.   AWARDED contract to BCI Builders, Inc., in the amount of $148,000, for the Paloma House Remodel Project and approved other related actions, as recommended by the Acting Director of General Services

22.   AWARDED contract to SafirRosetti in the amount of $118,625 for design services associated with the Fire Alarm Upgrade at 701 Ocean Street and approved other related actions, as recommended by the Acting Director of General Services

23.   APPROVED contracts with Conflict Resolution Center for Neighborhood Accountability Boards in the amount of $11,000, and Victim Offender Dialogue Program services in the amount of $25,000, as recommended by the Chief Probation Officer

24.   AUTHORIZED the Chief Probation Officer to prepare a proposal to the California Corrections Standard Authority for the Local Youthful Offender Rehabilitative Facility Construction Funding Program and directed the Chief Probation Officer to return with the final proposal on or before December 16, 2008, as recommended by the Chief Probation Officer

25.   APPROVED gross pay adjustment for a Correctional Officer in the amount of $411.38, as recommended by the Sheriff-Coroner

26.   ACCEPTED nomination of Jodi Harvey for appointment to the Domestic Violence Commission, as an at-large appointee representing a batterer's treatment program certified by the Probation Department, for a term to expire April 1, 2011, with final appointment to be considered on October 21, 2008, as recommended by Supervisor Pirie

27.   SCHEDULED a meeting of the Board of Supervisors, to be held Tuesday, October 28, 2008, at 7:00 p.m. in the Board of Supervisors Chambers to consider the future of the Par 3 property and any appropriate direction to the Planning Department, as recommended by Supervisor Pirie

28.   ACCEPTED AND FILED report on the Integrated Watershed Restoration Program (IWRP), Proposition 40 Grant Implementation and directed the Health Services Agency Director to report back on IWRP project status in annual Water Resources Program Updates, as recommended by the Directors of Health Services and Public Works

29.   SEE ITEM NO. 54.6 REGULAR AGENDA

30.   APPROVED the 2008-2009 agreement with the Homeless Services Center for the provision of food stamp services in the amount of $58,622 and authorized the Human Services Department Director to execute the agreement, as recommended by the Director of Human Services

31.   SEE ITEM NO. 54.5 REGULAR AGENDA

32.   SCHEDULED public hearing for Tuesday, October 28, 2008, at 9:00 a.m. or thereafter, to consider Application Number 07-0388 (Mark Cavagnero Associates for Community Foundation of Santa Cruz County), to construct an administrative office building, and approved related actions, as recommended by the Planning Director

33.   ACCEPTED improvement of Soquel Drive Traffic Signals Project; approved final cost of $1,545,472.56 and approved related action, as recommended by the Director of Public Works

34.   ACCEPTED the subdivision site improvements as complete for Tract 1477, Santina Court, located on the west side of 17th Avenue between Brommer Street and Colony Way, and approved related actions, as recommended by the Director of Public Works

REGULAR AGENDA

35. SEE ITEM NO. 54.3 REGULAR AGENDA

CONSENT AGENDA

36.   ADOPTED RESOLUTION NO. 239-2008 approving and accepting the terms and conditions of the right of way acquisition agreements for the County Service Area No. 33 - Redwood Drive Storm Damage Repair Project; approved payment of claims and approved related actions, as recommended by the Director of Public Works

37.   ADOPTED RESOLUTION NO. 240-2008 of intention to annex territory designated as Annexation No. 02-2008 (Canterbury Drive and Sea Ridge Road) to Zone "A" (residential lighting) of County Service Area No. 9; ADOPTED RESOLUTION NO. 241-2008 of intention to authorize and levy an assessment County Service Area No. 9, Zone A, Residential Lighting Service and Maintenance for territory designated as Annexation No. 02-2008 (Canterbury Drive and Sea Ridge Road) for 2008/2009 and each year following; set public hearings on the annexation and fee proposal for November 25, 2008, at 9:00 a.m. or thereafter; accepted and approved the engineer's report for proposed assessment rates; and approved related actions, as recommended by the Director of Public Works

38.   ADOPTED RESOLUTION NO. 242-2008 for right of way acquisition for the 7th Avenue Improvements (Capitola Road to Soquel Avenue); approved payment of claim; made related findings and approved related actions, as recommended by the Director of Public Works

39.   APPROVED amendment to agreement with URS Corporation America's for the Integrated Vegetation Management Plan (IVMP) by increasing the amount by $141,000 for a total not-to-exceed amount of $328,555; authorized the Public Works Director to install the additional seven IVMP projects and additional follow-up on the three previous projects; adopted RESOLUTION NO. 243-2008 accepting and appropriating unanticipated revenue in the amount of $428,375 from the State Water Resource Control Board and approved related action, including a report back in November 2009 on the implementation of the additional seven IVMP projects, as recommended by the Director of Public Works

40.   SEE ITEM NO. 54.2 REGULAR AGENDA

41.   APPROVED contract change order No. 1 in the amount of $218,388.24 for the Redevelopment Agency Overlay Project, authorized the Chairperson of the Board to sign and approved related actions, as recommended by the Director of Public Works

42.   APPROVED plans and specifications and engineer's estimate for the Pinecrest Drive County Service Area No. 46 Road Repair Project and authorized calling for bids; set the bid opening for 2:15 p.m. on October 23, 2008, in the Department of Public Works conference room; authorized the Director of Public Works to award the contract on October 23, 2008, following the bid opening; directed Public Works to return on November 18, 2008, for ratification of the contract award, and approved related action, as recommended by the Director of Public Works

43.   APPROVED specifications and engineer's estimate for the Hutchinson Road County Service Area 13, South Bridge Project and authorized calling for bids; set the bid opening for 2:15 p.m. on October 23, 2008, in the Department of Public Works conference room; authorized the Director of Public Works to award the contract, following the bid opening; directed Public Works to return on November 18, 2008, for ratification of the contract award, and approved related action, as recommended by the Director of Public Works

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, APPROVED cooperative agreement with U.S. Geological Survey, Water Resources Division for the ongoing Stream Gauging Program in Santa Cruz County and approved related action, as recommended by the District Engineer

45.   AS BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ALLOCATED an additional $1 million in Redevelopment Agency Housing Funds to the Mobile Home Change Out Program for Fiscal Year 2008-09, as recommended by the Planning Director

46.   AS BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $218,388.24 for the cost of Change Order No. 1 for the 2008 Redevelopment Agency Overlay Project and approved related actions, as recommended by the Redevelopment Agency Administrator

47.   AS BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $95,000 for the purchase of necessary acquisition agreements for the 7th Avenue Improvement Project (Capitola Road to Soquel Avenue), and approved related actions, as recommended by the Redevelopment Agency Administrator

48.   AS BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 244-2008 amending the 2004-05 Loan to the County of Santa Cruz pursuant to Assembly Bill 2115; and ADOPTED RESOLUTION NO. 245-2008 amending the 2005-06 loan to the County of Santa Cruz pursuant to Assembly Bill 2115, as recommended by the Redevelopment Agency Administrator

48.1.   ADOPTED RESOLUTION NO. 246-2008 recognizing October 4-15, 2008, as Binational Health Week in Santa Cruz County, as recommended by Supervisor Campos

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

County of Santa Cruz v. Paul M. Carrick, Superior Court Case No. CV158731

CONFERENCE WITH LABOR NEGOTIATOR

Agency negotiator: Director of Personnel

Employee organization: Health Care Professional Unit

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

50.   Presentation made of Responsible Alcohol Merchant Awards

51.   CONSIDERED appointment of Bruce McGuire to the Building and Fire Code Appeals Board, as an at-large representative in the category "person experienced in construction," for a term to be staggered by lot;

opened the process for new nominations and appointment to the Building and Fire Code Appeals Board, as an at-large representative in the category "person experienced in construction" and noticing in accordance with the Santa Cruz County ordinance; with an instruction that those who have already applied do not need to reapply
BSCoCaP

52.   CONSIDERED appointment of Michael Bush, David McMurray, Michael Bethke, Daniel Bronson, and William Neighbors to the Building and Fire Code Appeals Board, as at-large representatives in the categories indicated, for terms to be staggered by lot;

opened the process for new nominations and appointments to the Building and Fire Code Appeals Board, as at-large representatives in the categories of persons with disabilities, persons experienced in construction and public member, for terms to be staggered by lot and noticing in accordance with the Santa Cruz County ordinance; with an instruction that those who have already applied do not need to reapply

BSCoCaP

53.   CONSIDERED report on the plasma arc gasification project at the Buena Vista Landfill;

(1) deferred consideration of the hosting agreement with adaptiveARC for a plasma arc gasification demonstration project at the Buena Vista Landfill in order to allow Public Works and County Counsel to continue negotiations with adaptiveARC; and

(2) directed Public Works to return with the proposed hosting agreement along with a complete outline of the permits required for the project on or before November 25, 2008; with an additional direction to include emissions data from any existing pilot programs that adaptiveARC has access to
BCaCosP

54.   CONSIDERED report regarding actions necessary to address groundwater overdraft in the Pajaro Groundwater Basin;

(1) directed the Water Resources Division Director to work with other agencies to take the actions described in this report to mitigate groundwater overdraft in the Pajaro Groundwater Basin; and

(2) directed the Water Resources Division Director to provide a report in April 2009 on the status of these efforts and whether the Board should reconsider declaring a groundwater emergency in the Pajaro Groundwater Basin
SCaBCoP

54.1.   CONSIDERED actions in response to air quality findings of the Monterey Bay Unified Air Pollution Control District related to the town of Davenport;

(1) directed the Chairperson to request the Air District to provide the Board with a detailed report on the situation, within two weeks, including proposed corrective actions;

(2) directed the Chairperson to send a letter to CEMEX with a request for their full cooperation, and further requesting that the company provide information to the Board, within two weeks outlining actions they intend to take in response to the Air District findings; with an additional direction that should there be any indication that movement of the product or any materials on site is adding to the fugitive emissions, Cemex stop any operations that would add to those emissions, and County staff and any department involved in this issue act expeditiously;

(3) directed the Health Services Agency Director to investigate the findings of the Air District and report back to the Board on October 21, 2008, on any actions they intend to take to evaluate any health impacts in Davenport;

(4) directed the County Administrative Officer to contact our State Representatives and ask that they work with the Air District to ensure CEMEX complies with all State regulations regarding air quality;

(5) directed the Planning Department and County Counsel to review the permit conditions for the cement plant and report back on October 21, 2008, on any actions the County can take to assure the permit conditions are being met;

(6) authorized the Third District Supervisor to represent the Board at a community meeting being hosted by the Davenport/North Coast Association, scheduled for October 14, 2008 in Davenport, and to request Air District and CEMEX representatives attend the meeting to discuss the situation and their proposed responses; and

(7) with an additional direction staff send a letter, in both English and Spanish, to all Davenport residents informing them of what the County, the Air Board and Cemex are doing concerning the issue of air quality
SCoBCaP

54.2.   APPROVED a four-year revenue agreement with Waste Management for hauling and recycling of mixed hard plastics for a projected annual revenue of $50,000; adopted RESOLUTION NO. 247-2008 accepting and appropriating unanticipated revenue in the amount of $50,000, and approved related actions, as recommended by the Director of Public Works
SCaBCoP

54.3.   ADOPTED RESOLUTION NO. 248-2008, as amended, accepting and appropriating unanticipated revenue in the amount of $297,248 from the Santa Cruz Public Libraries for the Aptos Library Parking Lot Expansion Project; accepted low bid of Reber Construction Company, Inc., in the amount of $216,802.03; authorized award of contract; and approved related actions
BCo/CA/SP

54.4.   ACCEPTED AND FILED report of concerns regarding recruiting and hiring processes in the District Attorney's Office; with an additional direction staff report back at Budget Hearings 2009/2010 on the effectiveness of recruiting and hiring processes in the District Attorney's Office
BSCoCaP

54.5.   ACCEPTED AND FILED report on land use services provided at the County's permit centers and approved related actions, including a report back at budget hearings with an analysis of the cost-effectiveness of continuing to provide outlying land use and permit services, as recommended by the Planning Director
CoBCaSP

54.6.   SCHEDULED public hearing on Tuesday, October 28, 2008, at 9:00 a.m. or thereafter, to consider Coastal Commission action requesting modification to amendments of County Code Chapter 7.70, Water Wells, as recommended by the Director of Health Services
CaBCoSP

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS