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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2008, NUMBER 28
Tuesday, October 21, 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.   DELETED from the Closed Session Agenda, Item No. 37: CONFERENCE WITH LEGAL COUNSEL - ANTICIPTED LITIGATION: Initiation of litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case
4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - nine people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

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

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 2, 2008 through October 15, 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 Tabbert Teng, Claim No. 809-018, and referred to County Counsel

11.   REJECTED the claim of Connie Hulten, Claim No. 809-021, and referred to County Counsel

12.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $2,494.25 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

13.   SEE ITEM NO. 44.2 REGULAR AGENDA

14.   ACCEPTED the Notice of Completion for the Rountree Facility Fire Alarm Upgrade Project at 100 Rountree Lane, Watsonville California; approved final cost of $148,025 and authorized the Clerk of the Board to take related actions, as recommended by the Acting General Services Director

15.   ACCEPTED status report on the Energy Efficiencies Project at the Government Center Complex and directed General Services to return on or before the second Board of Supervisors meeting in January 2009 with a further status report, as recommended by the Acting General Services Director

16.   AWARDED contract to Robert A. Bothman, Inc. in the amount of $106,754 for the Jose Avenue Skate Park Fence Project and approved related actions, as recommended by the Acting General Services Director

17.   APPROVED the amendment to agreement between the Association of Monterey Bay Area Governments (AMBAG) and the County of Santa Cruz for the Regional Ortho-photo Project and approved related actions, as recommended by the Director of Information Services

18.   ACCEPTED a StarWitness Freeze Frame video processing system from the Department of the Army, Technology Transfer Program, which includes a personal computer, monitors, and a color printer with an estimated value of $30,000 for no cost to the County, as recommended by the Sheriff-Coroner

19.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending September 30, 2008, as recommended by the Treasurer-Tax Collector

20.   ACCEPTED nomination of Barri Boone for appointment to the In-Home Supportive Services Advisory Commission, as an at-large representative of providers, for a term to expire April 1, 2011, with final appointment to be considered on October 28, 2008, as recommended by Supervisor Beautz

21.   ACCEPTED nomination of John Ricker for reappointment to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 30, 2012, with final appointment to be considered on October 28, 2008, as recommended by Supervisor Beautz

22.   ACCEPTED nomination of Mike Manfre for reappointment to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 30, 2012, with final appointment to be considered on October 28, 2008, as recommended by Supervisor Campos

23.   ACCEPTED nomination of Margaret Kinda for appointment to the Board of Directors of the Resource Conservation District of Santa Cruz County for a term to expire November 30, 2012, with final appointment to be considered on October 28, 2008, as recommended by Supervisor Pirie

24.   APPROVED appointment of Audrenne Henry to the Seniors Commission, for a term to expire April 1, 2009, as recommended by Supervisor Pirie

25.   ACCEPTED nomination of Howard Liebenberg for reappointment to the Board of Directors of the Resource Conservation District of Santa Cruz County for a term to expire November 30, 2012, with final appointment to be considered October 28, 2008, as recommended by Supervisor Stone

26.   SEE ITEM NO. 44.1 REGULAR AGENDA

27.   AUTHORIZED the payment of registration, travel, and lodging costs associated with the California State Association of Counties New Supervisors Institute for the First District Supervisor-Elect, as recommended by Chairperson Pirie

28.   APPROVED agreements with Salud Para La Gente for outreach and enrollment services for an amount not-to-exceed $67,200; Community Bridges for outreach and enrollment services for an amount not-to-exceed $87,456; State standard revenue agreement for MediCal Administrative Activities; approved transfer of appropriations and approved related actions, as recommended by the Director of Health Services

29.   APPROVED the acceptance of an agricultural easement for the Coast Dairies Ranch and approved related actions, as recommended by the Planning Director

30.   APPROVED amendment to agreement with Fehr & Peers Transportation Consultants, increasing the contract to a not-to-exceed amount of $200,000 per year in fiscal years 2008-2009 and 2009-2010, for on-call traffic engineering consultant services; and approved related actions, as recommended by the Director of Public Works

31.   APPROVED the lump sum proposal from Cal-West Lighting and Signal Maintenance in the amount of $8,235 to install a solar powered flashing beacon with speed limit and school zone warning signs on Whiting Road, as recommended by the Director of Public Works

32.   APPROVED independent contractor agreement with Geosyntec Consultants, Inc., for solid waste engineering consultant services at a total cost not-to-exceed $275,000 and approved related actions, as recommended by the Director of Public Works

33.   APPROVED transfer in the amount of $24,250 within the Public Works budget to fund the purchase of a slope packer grader attachment, as recommended by the Director of Public Works

34.   ACCEPTED AND FILED report on the County's Public Art Plan for 2008/2009, as recommended by the Director of Parks, Open Space, and Cultural Services

35.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED agreement with Whitson Engineers in the amount of $294,212 for design consulting services for the East Cliff Drive Parkway Project and approved related actions, as recommended by the Redevelopment Agency Administrator

36.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds of $117,429.40 for the cost of construction of the Jose Avenue Park Skate Area Fence Project and approved related actions, as recommended by the Redevelopment Agency Administrator

37.   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 REAL PROPERTY NEGOTIATOR

Property street address: adjacent to 6233 and 6255 Soquel Drive, Aptos, California; Assessor's parcel numbers: 037-151-12 and 037-151-13; Property owner: Corte Cabrillo LLC; Negotiating parties: Ken Hill, Chief Real Property Agent and Ron Powers, Corte Cabrillo LLC

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Sheriff's Correctional Officer Association, Operating Engineers, Local 3

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Raymond Flores v. County of Santa Cruz, Worker's Compensation Claim No. 22005122187

John Scanlon v. County of Santa Cruz, Worker's Compensation Claim No. 2004085248, Worker's Compensation Appeals Board Case No. SAL 109550, SAL 109551, SAL 109552

James Bates v. County of Santa Cruz, U.S. District Court, San Francisco Division Case No. CV08-00557JW

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

38.   CONSIDERED reports on air quality health impacts in Davenport;

(1) accepted and filed reports on air quality health impacts in Davenport;

(2) with the following directions: (a) Environmental Health report back with an update regarding air quality health impacts in Davenport on November 18, 2008; and (b) directed both the Air District and Environmental Health to provide the Board with the results of the data collection as it is received and to post a narrative on the website explaining how the data was collected and on which days
CoCaBSP  

39.   Public hearing held to consider the Planning Commission's recommendation regarding amendments to the County's cell tower ordinance to reduce the visual impacts of cell towers;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 249-2008 approving the proposed amendments to the County's Wireless Communication Facilities (WCF) Ordinance, as a Local Coastal Program amendment, to reduce the visual impacts of WCFs at co-location/multi-carrier sites, and near residences and schools;

(2) ADOPTED ORDINANCE NO. 5020 amending the County's Wireless Communication Facilities (WCF) Ordinance to reduce the visual impacts of WCFs at co-location/multi-carrier sites, and near residences and schools; to be effective outside the Coastal Zone on the 31st day after adoption, and effective inside the Coastal Zone upon Coastal Commission certification;

(3) certified the proposed CEQA Negative Declaration;

(4) directed staff to submit the proposed ordinance amendments to the Coastal Commission, as part of the next Coastal "Rounds" package; and

(5) directed staff to apply the new regulations only to applicable WCF applications that have not yet been deemed complete by the effective date of the ordinance amendment
BCaCoSP  

40.   CONSIDERED Draft Storm Water Management Program (SWMP);

(1) approved the Draft Storm Water Management Program and authorized the Director of Public Works to submit it to the Regional Board on behalf of the County of Santa Cruz and the City of Capitola;

(2) directed Public Works to confer with the City of Capitola and other affected County Departments regarding any additional requirements or revisions to the SWMP received from the Regional Board and report back on or before December 9, 2008 for appropriate action; and

(3) with an additional direction for public meetings and annual reports to the Board on the Draft Storm Water Management Program
SBCoCaP  

41.   AS THE BOARD OF SUPERVISORS AND THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY BOARD OF DIRECTORS, held a joint public hearing on the Wheelock House and considered associated Redevelopment Agency financing resolutions for the project;

closed public hearing;

(1) AS THE BOARD OF SUPERVISORS, ADOPTED RESOLUTION NO. 250-2008 making the findings required by Health and Safety Code Sections 33445 and 33679 and concurring with the Agency's expenditures concerning Wheelock House; and

(2) AS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY, AUTHORIZED an additional $175,000 from the RDA Housing Fund for costs to Phase 2 of the project and adopted RESOLUTION NO. 251-2008 making the findings required by Health and Safety Code Sections 33445 and 33679 and authorizing the Agency's expenditures concerning Wheelock House
CaBCoSP  

42.   AS THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY BOARD OF DIRECTORS, CONSIDERED allocation of $2,480,000 of Redevelopment Agency Housing Funds to the Pacific Family Mobile Home Park Project;

(1) authorized an additional funding commitment of $2,480,000 in RDA Housing Funds to the project, structured as follows and based on the terms outlined in this letter of the Planning Director dated September 30, 2008: (a) $1,930,000 project as gap financing, (b) $550,000 as a short term loan; and

(2) authorized the Planning Director to negotiate and sign a Financing Agreement with South County Housing in accordance with the terms outlined in this letter of the Planning Director dated September 30, 2008
BCaCoSP  

43.   Public hearing held to consider the application for Community Development Block Grant Program Funds under the Technical Assistance Allocation;

(1) opened public hearing for discussion of the County application for Planning and Technical Assistance funds (General Allocation);

(2) received public comment regarding the CDBG program and the proposed application;

(3) closed public hearing;

(4) ADOPTED RESOLUTION NO. 252-2008 of the Governing Body Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments thereto from the Planning and Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program;

(5) approved application for $70,000 in Planning and Technical Assistance Funds ($35,000 for each activity), authorized staff to take all actions necessary to complete the application and directed staff to submit the full application no later than October 30, 2008, with a copy to be placed on file with the Clerk of the Board
SBCoCaP  

44.   APPROVED appointment of Jodi Harvey 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
BCaCoSP  

44.1.   ACCEPTED notification of five at-large vacancies on the Building and Fire Code Appeals Board (two persons with disabilities, two persons experienced in construction, and one public member), with nominations for appointment to be received on November 18, 2008, and final appointments to be considered on November 25, 2008, as recommended by Chairperson Pirie
BCoCaSP  

44.2.   AUTHORIZED County Counsel to execute an amendment incorporating contract modifications to the agreement with Senior Citizens Legal Services, as recommended by County Counsel
SBCoCa(P)  Chairperson Pirie abstained because her husband is employed by the Senior Citizens Legal Services