Santa Cruz County Board of Supervisors Minutes: 11/18/2008

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2008, NUMBER 30
Tuesday, November 18, 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 Consent Agenda: Item No. 34
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - fourteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 21, 2008 and October 28, 2008, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 23, 2008 through November 12, 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 Treasurer Quarterly Cash Count, as recommended by the Auditor-Controller

11.   ADOPTED RESOLUTION NO. 263-2008 authorizing the temporary transfer of funds to the Aptos/La Selva Fire Protection District; directed the County Treasurer to make the necessary transfer of funds from the County Treasury, as recommended by the Auditor-Controller

12.   ACCEPTED AND FILED report on staffing for the Commission on the Environment, as recommended by the County Administrative Officer

13.   ADOPTED RESOLUTION NO. 264-2008 providing for zero property tax exchange for LAFCO #927 - Eggleson/Amos Annexation to the San Lorenzo Valley Water District, as recommended by the County Administrative Officer

14.   DIRECTED the County Administrative Office to return with Phase 2 transfer agreements between the County and the Administrative Office of the Courts (AOC) for the Main Courthouse, the Court occupied space in the County Administration Building, and the new Watsonville Courthouse on or before December 9, 2008, as recommended by the County Administrative Officer

15.   ADOPTED RESOLUTION NO. 265-2008 accepting and appropriating $6,000 in grant funds from the Monterey Bay Unified Air Pollution District; awarded contract to Ridespring, Inc., in the amount of $24,000, for expansion of the Ridespring Program, and approved related actions, as recommended by the Acting Director of General Services

16.   ADOPTED RESOLUTION NO. 266-2008 accepting and appropriating $646,535 from the 2008 Homeland Security Grant for domestic preparedness, planning, training, and exercises for the acquisition of fire, law enforcement, hazardous material and emergency response equipment; authorized the Acting General Services Director to execute the grant and to reimburse the non-County agencies for their expenditures, as recommended by the Acting Director of General Services

17.   APPROVED amendments to agreements with RPM, Inc. for soil and groundwater monitoring and reporting, and for on-going extraction well system operations and maintenance at the Fleet Operations Center, and approved related actions, as recommended by the Acting Director of General Services

18.   APPROVED continuing contract with First Alarm in an amount not-to-exceed $49,984 for full service maintenance, repair, and testing, and monitoring of the fire alarm systems located in various County buildings, and approved related actions, as recommended by the Acting Director of General Services

19.   APPROVED plans and specifications for the Moran Way Fence Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on December 16, 2008, as recommended by the Acting Director of General Services

20.   APPROVED plans and specifications for the Wheelock Property Remodel, Phase II; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on December 18, 2008, as recommended by the Acting Director of General Services

21.   AUTHORIZED County Fire to purchase a Type 1 fire engine in place of a water tender as approved during the 2008-2009 budget hearings, as recommended by the Acting Director of General Services

22.   AWARDED contract to Conley General Engineering, Inc. in the amount of $88,888.88 for the Front Street Debris and Retaining Wall Project and approved related actions, as recommended by the Acting Director of General Services

23.   AWARDED renewal of contract with Crane Pest Control, Inc. in an amount not-to-exceed $18,000 for development of an Integrated Pest Management Program and on-call treatment service for pest problems at County facilities and approved related actions, as recommended by the Acting Director of General Services

24.   DEFERRED report on funding County Fire Services in fiscal year 2009-2010 to the first Board meeting in January 2009, as recommended by the Acting Director of General Services

25.   ADOPTED RESOLUTION NO. 267-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the General Representation Unit; adopted RESOLUTION NO. 268-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the Middle Management Association; adopted RESOLUTION NO. 269-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the Unrepresented Employees Group; adopted RESOLUTION NO. 270-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members who are a Department Head, Elected Official or member of the Board of Supervisors; adopted RESOLUTION NO. 271-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the District Attorney/Child Support Attorney Representation Unit; adopted RESOLUTION NO. 272-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the District Attorney Inspectors Association; adopted RESOLUTION NO. 273-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the Physicians' Representation Unit; adopted RESOLUTION NO. 274-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the Law Enforcement Unit; adopted RESOLUTION NO. 275-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the Law Enforcement Middle Management Unit; adopted RESOLUTION NO. 276-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the Sheriff's Supervisory Unit; and adopted RESOLUTION NO. 277-2008 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for participation by members of the Correctional Officers Representation unit, as recommended by the Director of Personnel

26.   APPROVED amendment to lease agreement with the Oak Tree Property Management Company in an amount not-to-exceed $34,972 for the Probation Department's Evening Center Program and approved related actions, as recommended by the Chief Probation Officer

27.   AUTHORIZED maintenance and support agreement with Motorola, Incorporated, in the amount of $25,634, for mobile data computers used by Sheriff's Patrol, as recommended by the Sheriff-Coroner

28.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending October 31, 2008, as recommended by the Treasurer-Tax Collector

29.   ACCEPTED AND FILED the report of the County's investment activities and holdings for the quarter ending September 30, 2008, as recommended by the Treasurer-Tax-Collector

30.   APPROVED appointment of Olivia Madrigal to the Civil Service Commission for a term to expire December 31, 2010, as recommended by Supervisor Campos

31.   SEE ITEM NO. 62.1 REGULAR AGENDA

32.   SEE ITEM NO. 62.2 REGULAR AGENDA

33.   APPROVED appointment of Laura Garnette to the Domestic Violence Commission, as designee of the Chief Probation Officer, as recommended by Chairperson Pirie

34.   DELETED ITEM

35.   APPROVED reappointment of Supervisor Campos to the California State Association of Counties Board of Directors, and reappointed Supervisor Stone as the Alternate, as recommended by Chairperson Pirie

36.   ADOPTED RESOLUTION NO. 278-2008 accepting and appropriating unanticipated Federally Qualified Health Center revenues into the Mental Health division and approved restoration of eight positions with partial year funding in Mental Health through June 30, 2009, as recommended by the Director of Health Services

37.   ADOPTED RESOLUTION NO. 279-2008 accepting the Coastal Commission's suggested modifications to amendments of Santa Cruz County Code Chapter 7.70 - Water Wells; adopted ORDINANCE NO. 5022 incorporating the suggested modifications and directed the Planning Director to submit the resolution and modified ordinance to the Coastal Commission to finalize the amendment process for Chapter 7.70, as recommended by the Director of Health Services

38.   APPROVED mental health agreements with Michael Gorodezky, for information system technical consulting; Mental Health Systems for residential treatment services at $81.28 per day; Value Options, an amendment increasing the administrative rate for out-of-county placed juveniles from $43.41 to $44.93; Davis Guest Home for residential treatment services; and Panoramic Software for public guardian software maintenance at $21,600 annually; and approved related actions, as recommended by the Director of Health Services

39.   APPROVED contract with Exemplar Human Services, LLC, in the amount of $168,780, for performance management business solutions to enhance CalWORKS client engagement and work participation activities, as recommended by the Director of Human Services

40.   AUTHORIZED the Chairperson to sign and submit the Notice of Intent Regarding Child Abuse Prevention and Intervention and Treatment, Community Based Child Abuse Prevention, and Promoting Safe and Stable Families Plan Contracts for Santa Cruz County for fiscal years 2008-2009 through 2010-2011, as recommended by the Director of Human Services

41.   SCHEDULED public hearing on Tuesday, December 9, 2008 at 9:00 a.m. or thereafter, to consider Application 08-0005, a proposal to rezone one parcel from Special Use (SU) to Timber Production (TP) zone district on property located approximately 1,000 feet southwest of the end of Rider Road, as recommended by the Planning Director

42.   SCHEDULED public hearing on Tuesday, December 9, 2008 at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission regarding the Planned Unit Development Permit, Rezoning, and General Plan Amendment for Assessor's Parcel Number 029-021-47 (PAZ, LLC/Nigh site), as recommended by the Planning Director
BCo(Ca)SP Supervisor Campos abstained because of annexations

43.   SCHEDULED public hearing on Tuesday, December 9, 2008 at 9:00 a.m. or thereafter, to amend the Seacliff Village Plan language for Site 4-b, to construct a 3 story, 12 room hotel with restaurant, gymnasium, and associated improvements and approved related actions, as recommended by the Planning Director

44.   ADOPTED RESOLUTION NO. 280-2008 accepting and appropriating unanticipated revenue in the amount of $50,000 from a Pacific Gas and Electric (PG&E) grant for fiscal year 2008-2009; approved agreement with PG&E for a fluorescent lamp education and take-back recycling pilot project and approved related action; with an additional direction that staff provide a progress report at Budget Hearings 2009-2010 on the implementation of the grant for a fluorescent lamp education and take-back recycling pilot project

45.   APPROVED specifications and engineer's estimate for the Trabing Fire Guardrail Replacement Project and authorized calling for bids; set the bid opening for 2:15 p.m. on December 4, 2008, in the Department of Public Works conference room; directed Public Works to return on December 16, 2008, with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

46.   APPROVED amendment to memorandum of understanding for the management of butterfly habitat at the Lode Street Facility and approved related action, as recommended by the Director of Public Works

47.   AUTHORIZED the installation of five 70-watt residential street lights on Hughes Road and Heiner Road, as recommended by the Director of Public Works

48.   AUTHORIZED the Director of Public Works to sign the California Department of Forestry and Fire Protection's Letter of Understanding on behalf of County Service Areas (CSA) and authorized the issuance of purchase orders in an amount not-to-exceed $6,500 per CSA for brush clearing work to be performed by Cal Fire, as recommended by the Director of Public Works

49.   DIRECTED Public Works to cease further consideration or negotiation of hosting agreement with adaptiveARC for a plasma arc gasification demonstration project at the Buena Vista Landfill, as recommended by the Director of Public Works

50.   RATIFIED award of contract to Earthworks Paving Contractors, Inc., in the amount of $68,715, for the County Service Area No. 13 - Hutchinson Road South Bridge Storm Damage Roadway Repair Project, as recommended by the Director of Public Works

51.   RATIFIED award of contract to Earthworks Paving Contractors, Inc., in the amount of $37,964, for the County Service Area No. 46 - Pinecrest Drive Road Repair Project, as recommended by the Director of Public Works

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED up to $70,000 in Redevelopment Agency Housing Funds for the replacement of an Agency owned affordable manufactured home at 265 Brown Gables Road No. 23, and approved related actions, as recommended by the Planning Director

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED additional Redevelopment Agency funding to South County Housing for predevelopment activities for the Canterbury Park Affordable Housing Project, and approved related actions, as recommended by the Planning Director

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Independent Contractor Agreement with Lewis Tree Services, Inc. in the not-to-exceed amount of $43,000 for tree work associated with Redevelopment Agency improvements, and approved related actions, as recommended by the Redevelopment Agency Administrator

55.   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 Organizations: Sheriff's Correctional Officer Association, Operating Engineers, Local 3; Law Enforcement Representation Unit, Operating Engineers, Local 3

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

James Bates v. County of Santa Cruz, U.S. District Court, San Francisco Division Case No. CV08-0055 JW

City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV155571; City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV156366

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

56.   CONSIDERED presentation from the representatives of the Second Harvest Food Bank and establish November 10, 2008 through December 5, 2008, as the period for contributions to the Food Drive at County Facilities;

presentation made by the representatives of the Second Harvest Food Bank and established November 10, 2008 through December 5, 2008, as the period for contributions to the Food Drive at County Facilities

CoSBCaP

57.   CONSIDERED recommendation to join the City and County of San Francisco's lawsuit seeking to invalidate Proposition 8;

(1) agreed to join the City and County of San Francisco's lawsuit seeking to invalidate Proposition 8; and

(2) directed the County Counsel to support this action
CoSBCaP

58.   CONSIDERED report on air quality impacts in Davenport;

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

(2) directed the Health Services Agency Director to return on November 25, 2008, for Board approval of a contract amendment with Teri Copeland to monitor and asess the health risks of elevated Chromium VI in Davenport for an amount not-to-exceed $360,000; and

(3) directed the Health Services Agency to report back with further information on this situation by December 16, 2008;

(4) with additional directions: (a) that staff and the Monterey Bay Unified Air Pollution Control District (Air District) work with the Davenport Environmental Health Coalition making sure they are a part of the entire process; and (b) address issues and concerns raised by Sharon Smith, Principal, of Pacific School
CoSBCaP

59.   Continued consideration of building and land use appeals and consideration of proposed changes to County Code Chapters 2.38, 2.100, 7.92, 12.10, and 12.12;

(1) accepted and filed report on Land Use and Building Permit Appeals Issues and Related Proposed Ordinance Changes;

(2) approved "in concept" Ordinance Amending Subsection C of Section 2.38.270; Section 2.100.010; Section 2.100.020; Subsection E of Section 2.100.050; Setion 7.92.1081; Subsection 108.4.1 of Section 7.92.108.4; Section 12.10.150; Subsection (b) of Section 12.10.215; Section 12.10.435; Section 12.12.010; Section 12.12.020 Section 12.12.030; Section 12.12.040; Section 12.12.050; Section 12.12.060; and Section 12.12.080 of the Santa Cruz County Code All Relating to the Building and Fire Code Appeals Board to return on November 25, 2008 for final adoption; with an additional direction, under Section 12.12.020 Notice of Appeal (a), to add the words "service of such" and delete the words "the day on which the act", so it shall read: "Appeals of the Building, Accessibility and Fire Appeals Board shall be taken by filing a written Notice of Appeal with the Planning Department within 14 calendar days after service of such decision, order or determination appealed from was made" and delete 12.12.020 (b);

(3) established a nomination and appointment process that allows consideration of candidates to the Building and Fire Code (BFC) Board of Appeals consistent with the proposed changes in qualification;

(4) with additional direction that geologic determination made in the course of review of the building permit would also be appealable to the Building Board of Appeals
SCaBCoP

60.   Public hearing held to consider the recommendation of the Planning Commission regarding a Rezoning, General Plan Amendment, Riparian Exception, Roadway/Roadside Exception, and Planned Unit Development Permit for Assessor's Parcel No. 039-471-09 (Miller Property at Aptos Rancho Road, Aptos) to redesignate the parcel for higher-density residential development in accordance with the requirements of the Housing Element of the County's General Plan;

closed public hearing;

(1) MOTION MADE to adopt Resolution approving the General Plan Amendment as part of the third "Round" of 2008 General Plan Amendments, adopt Ordinance Rezoning APN 039-471-09 to RM-2-R/RM-2-R-L and PR, and adopt the Planned Unit Development Permit with the exception of Condition (i) under I) A) 1) (a) Parking Requirements, and (4) approve the Planned Unit Development permit, Development Permit, Riparian Exception and Roadway/Roadside Exception findings; (MOTION FAILED)

(2) CONTINUED TO NOVEMBER 25, 2008 consideration of the recommendation of the Planning Commission regarding a Rezoning, General Plan Amendment, Riparian Exception, Roadway/Roadside Exception, and Planned Unit Development Permit for Assessor's Parcel No. 039-471-09 (Miller Property at Aptos Rancho Road, Aptos) to redesignate the parcel for higher-density residential development in accordance with the requirements of the Housing Element of the County's General Plan
(1) BPco(Ca)s
(2) SCoB(Ca)P

61.   CONSIDERED adoption of the County of Santa Cruz 2009 Investment Policy;

approved and adopted the Santa Cruz County 2009 Investment Policy
BSCoCaP

62.   CONTINUED TO NOVEMBER 25, 2008 consideration of report of the County Administrative Officer on the County Budget

SCoBCaP

62.1.   BY CONSENSUS, no action was taken on the nomination of Bruce McGuire for appointment to the Building and Fire Code Appeals Board, as an at-large representative in the category "person experienced in construction";

DIRECTED staff to return on November 25, 2008 with a description of an advertising/marketing effort for vacancies on the Building and Fire Code Appeals Board
BCoCaSP

62.2.   BY CONSENSUS, no action was taken on the nomination of Michael Bush, David McMurray, 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;

DIRECTED staff to return on November 25, 2008 with an advertising/marketing proposal for vacancies on the Building and Fire Code Appeals Board
BCoCaSP

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