Santa Cruz County Board of Supervisors Minutes: 12/16/2008

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2008, NUMBER 33
Tuesday, December 16, 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 Consent Agenda: Item Nos. 80.1, 80.2, 80.3, 80.4, 80.5 and 80.6
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 25, 2008, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 20, 2008 through December 10, 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.   ADOPTED ORDINANCE NO. 5029 amending section 2.18.010 of the Santa Cruz County Code regarding appointment of land surveyor

11.   ADOPTED ORDINANCE NO. 5030 amending section 2.14.010 of the Santa Cruz County Code regarding powers and duties of the Director of Public Works

12.   ADOPTED ORDINANCE NO. 5031 amending section 2.18.020 of the Santa Cruz County Code regarding record of survey examination fee

13.   ADOPTED ORDINANCE NO. 5032 adding Chapter 7.58 to the Santa Cruz County Code relating to the establishment of the Santa Cruz-Monterey-Merced Managed Medical Care Commission and repealing existing Chapter 7.59 relating to the Santa Cruz-Monterey Managed Care Commission

14.   REJECTED claim of Alonzo A. Eversole, Claim No. 809-035, as insufficiently filed and referred to County Counsel

15.   REJECTED claim of Alonzo A. Eversole, Claim No. 809-035A, and referred to County Counsel

16.   REJECTED claim of David Bell, Claim No. 809-037, and referred to County Counsel

17.   REJECTED claim of Mary-Margaret Bierbaum and Patrick Ginty, Claim No. 809-038, and referred to County Counsel

18.   REJECTED claim of Keith and Sherry Chastain, Claim No. 809-038, and referred to County Counsel

19.   REJECTED claim of Vincent Pastore, Claim No. 809-038, and referred to County Counsel

20.   REJECTED claim of Diana and Ronald Wohnoutka, Claim No. 809-038, and referred to County Counsel

21.   REJECTED claim of Gertrude Wohnoutka, Claim No. 809-038, and referred to County Counsel

22.   REJECTED claim of Francie Byrnes, Claim No. 809-038, and referred to County Counsel

23.   REJECTED claim of Marc and Denise Kraft, Claim No. 809-038, and referred to County Counsel

24.   REJECTED claim of Farmers Insurance Exchange re: Stacey Payne, Claim No. 809-040, and referred to County Counsel

25.   REJECTED claim of Fire Insurance Exchange re: Martin Velasco, Claim No. 809-040A, and referred to County Counsel

26.   REJECTED claim of Fire Insurance Exchange re: Frank and Naomi Bloss, Claim No. 809-040B, and referred to County Counsel

27.   REJECTED claim of Fire Insurance Exchange re: Joseph and Jane Amaral, Claim No. 809-040C, and referred to County Counsel

28.   REJECTED claim of Fire Insurance Exchange re: Lloyd and Sherry Van Zante, Claim No. 809-040D, and referred to County Counsel

29.   REJECTED claim of Mid Century Insurance Company re: Guy Richards, Claim No. 809-040E, and referred to County Counsel

30.   REJECTED claim of Fire Insurance Exchange re: Thomas Griffin and Jennifer Marks, Claim No. 809-040F, and referred to County Counsel

31.   REJECTED claim of Fire Insurance Exchange re: Frances Henderson, Claim No. 809-040G, and referred to County Counsel

32.   REJECTED claim of Fire Insurance Exchange re: Travis and Stephanie Smith, Claim No. 809-040H, and referred to County Counsel

33.   REJECTED claim of Fire Insurance Exchange re: Heather Mickerson and Jose Ramos, Claim No. 809-040I, and referred to County Counsel

34.   REJECTED claim of Fire Insurance Exchange re: Jose Ramos, Claim No. 809-040J, and referred to County Counsel

35.   REJECTED claim of Fire Insurance Exchange re: John and Glenda Harrington, Claim No. 809-040K, and referred to County Counsel

36.   REJECTED claim of Mid Century Insurance Company re: Derek and Sarah Fisher, Claim No. 809-040L, and referred to County Counsel

37.   APPROVED plans and specifications, for the Anna Jean Cummings Park Slide Replacement Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on January 21, 2009, as recommended by the Acting Director of General Services

38.   APPROVED plans and specifications for the Pajaro Dunes Fire Station Re-roof Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on January 20, 2009, as recommended by the Acting Director of General Services

39.   AWARDED contract to United Fence Contractors, Inc. in the amount of $92,122 for the Rountree Complex Front Fencing Project and approved related actions, as recommended by the Acting Director of General Services

40.   AWARDED contract to Watsonville Auto Body in the amount of $28,685.08 for the painting of the two Seagraves fire engines, and approved related actions, as recommended by the Acting Director of General Services

41.   DIRECTED the General Services Department to re-advertise for bids for the Main Jail Inmate Shower Repair Project and set the bid opening for 3:00 p.m. on Tuesday, January 13, 2009, as recommended by the Acting Director of General Services

42.   APPROVED the amendment to agreement with Simpler Systems, Inc. and the transfer of $10,000 from user license fees to automation of production, and approved related actions, as recommended by the Director of Information Services

43.   ADOPTED RESOLUTION NO. 308-2008 to amend Salary Resolution No. 279-75, establishing the compensation of County officers, deputies, assistants, and employees; adopted RESOLUTION NO. 309-2008 to amend Personnel Regulations No. 247-76 amending Section 164 AA to retitle the existing differential to a Special Assignment Differential and approved various personnel actions, as recommended by the Director of Personnel

44.   APPROVED the gross pay adjustment of $141 for one employee to be paid for a shift differential from June 2, 2008 through October 27, 2008, as recommended by the Chief Probation Officer

45.   AUTHORIZED the Chief Probation Officer to submit a proposal in the amount of $1,927,394 to the California Corrections Standard Authority for the Local Youthful Offender Rehabilitative Facility Construction Funding Program, to construct a multi-use recreation facility at the Juvenile Hall; adopted RESOLUTION NO. 310-2008 and directed the Chief Probation Officer to return in April 2009 with an update on the status of this proposal, as recommended by the Chief Probation Officer

46.   AUTHORIZED the Chief Probation Officer to sign a contract with Pajaro Valley Prevention and Student Assistance, Inc in the amount of $30,955; and authorized the Chief Probation officer to accept a purchase order from the Watsonville Police Department in an amount not-to-exceed $30,955, as recommended by the Chief Probation Officer

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

48.   ADOPTED RESOLUTION NO. 311-2008 to establish a 0.23% per annum simple interest rate on tenant's rental security deposits, effective January 1, 2009; and approved related actions, as recommended by the Treasurer-Tax Collector

49.   APPROVED the reappointment of Albert Aramburu to the Planning Commission for a term to expire January 7, 2013, as recommended by Supervisor Pirie

50.   SEE ITEM NO. 91.3 REGULAR AGENDA

51.   APPROVED the reappointment of Renee Shepherd to the Planning Commission for a term to expire January 7, 2013, as recommended by Supervisor Stone

52.   APPROVED the reappointment of Myrna Britton as the Fifth District Alternate to the Planning Commission for a term to expire January 7, 2013, as recommended by Supervisor Stone

53.   APPROVED appointment of Charles A. "Cap" Pennell to the Emergency Management Council, as the representative of ARES/RACES (Amateur Radio), as recommended by Chairperson Pirie

54.   APPROVED appointment of Jeff Hartley to the Emergency Management Council, as the representative of the City of Watsonville, as recommended by Chairperson Pirie

55.   APPROVED appointment of Ciro Aguirre as the Santa Cruz Metropolitan Transit District's representative to the Emergency Management Council, as recommended by Chairperson Pirie

56.   ACCEPTED report on County water management activities and directed the Water Resources Division Director to provide a further report on January 13, 2009, as recommended by the Director of Health Services

57.   SEE ITEM NO. 91.1 REGULAR AGENDA

58.   APPROVED contract amendment with American Medical Response West, extending term for 30 days and directing the Health Services Agency to return with comprehensive services amendment and five-year term extension on January 27, 2009 and approved related actions, as recommended by the Director of Health Services

59.   AUTHORIZED the Chairperson of the Board to sign the 2008-09 Public Health Emergency Preparedness Non-Supplantation form, as recommended by the Director of Health Services

60.   ADOPTED RESOLUTION NO. 312-2008 accepting and appropriating unanticipated revenue in the amount of $800,000 from the California Department of Social Services for security systems for facilities and computer systems, as recommended by the Director of Human Services

61.   APPROVED the agreement with the National Council on Crime and Delinquency-Children's Research Center in the amount of $30,000; approved agreement with the Youth Resource Bank in the amount of $23,337; and authorized the Human Services Director to execute these agreements, as recommended by the Director of Human Services

62.   SCHEDULED public hearing on Tuesday, January 13, 2009 at 9:00 a.m. or thereafter to consider Application Number 07-0002 (Doron and Melanie Fishbin, trustees), to construct a 3 story, 12 room hotel, and approved related actions, as recommended by the Planning Director

63.   SEE ITEM NO. 91.2 REGULAR AGENDA

64.   APPROVED a contract with Nicholson and Company for appraisal services in the amount of $30,000 for County and Redevelopment Agency housing programs, and approved related actions, as recommended by the Planning Director

65.   ACCEPTED AND FILED the final 2008-2009 Capital Improvement Program document and directed the Department of Public Works to return on or before May 19, 2009, with the proposed 2009-2010 Capital Improvement Program document, as recommended by the Director of Public Works

66.   ACCEPTED the improvements and approved the final cost of $423,503.63 for the North Rodeo Gulch Road Storm Damage Repair Project and approved related action, as recommended by the Director of Public Works

67.   ACCEPTED the low bid from Conley General Engineering, Inc. in the amount of $34,700 for the Trabing Fire Guardrail Replacement Project; authorized award of contract and approved related actions, as recommended by the Director of Public Works

68.   ACCEPTED subdivision site improvements for Tract 1498, Dawn Lane-Eco Homes at the west end of Dawn Lane as complete; adopted RESOLUTION NO. 313-2008 accepting the west end of Dawn Lane into the County Maintained Road System and approved related actions, as recommended by the Director of Public Works

69.   ADOPTED RESOLUTION NO. 314-2008 certifying the County maintained road mileage, and approved related action, as recommended by the Director of Public Works

70.   APPROVED amendment to agreement with Louise Dion, increasing compensation by $25,000 for a total amount of $39,999, for development review for Stormwater Management-related issues and approved related actions, as recommended by the Director of Public Works

71.   APPROVED amendment to agreement with Williams Tree Service, Inc. increasing the maximum amount by $55,000 to $120,000 for tree maintenance and emergency tree removal in fiscal year 2008-2009, and approved related actions, as recommended by the Director of Public Works

72.   APPROVED amendment to agreement with SOEX West Textile Recycling USA for carpet recycling services at the Buena Vista Landfill and Ben Lomond Transfer Station for a total not-to-exceed amount of $36,000 per fiscal year, and approved related actions, as recommended by the Director of Public Works

73.   APPROVED contract change order No. 1 in the amount of $205,142.34 for the 30th Avenue Improvements Project, made findings, and approved related actions, as recommended by the Director of Public Works

74.   APPROVED specifications and engineer's estimate for the 2009 Brommer Yard Enhanced Vapor Recovery System Upgrade Project and authorized calling for bids; set the bid opening for 2:15 p.m. on January 15, 2009, in the Department of Public Works conference room; directed Public Works to return on January 27, 2009, with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

75.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED amendment to agreement with Kestrel Consulting, Inc. for grant and loan funding services by including additional duties and by increasing the maximum amount by $18,307 to $47,307; and approved related actions, as recommended by the District Engineer

76.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCCCEPTED AND FILED report on the Pilot Work Force Housing Program for County Law Enforcement Personnel and directed the Planning Director to work with the Sheriff's Department to explore program modifications and report back on or before March 3, 2009, as recommended by the Planning Director

77.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Planning Director to provide Redevelopment Agency First Time Homebuyer loans to income eligible purchasers to acquire affordable homes preserved by the Redevelopment Agency, and approved related actions, as recommended by the Planning Director

78.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 315-2008 accepting and appropriating unanticipated revenue totaling $76,000; approved Agency funds totaling $114,028.01 for the cost of construction contract Change Order No. 1 for the 30th Avenue Improvements project (Portola Avenue to Brommer Street), and approved related actions, as recommended by the Redevelopment Agency Administrator

79.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract with Gil Sanchez in the not-to-exceed amount of $34,200 for consulting services for the historic house on the Chanticleer Avenue Park Site, and approved related actions, as recommended by the Redevelopment Agency Administrator

80.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract with Boone/Low Architects & Planners in the not-to-exceed amount of $579,519 for the Live Oak Resource Center Project, and approved related actions, as recommended by the Redevelopment Agency Administrator

80.1.   REAPPOINTED Supervisor Stone to the Santa Cruz Metropolitan Transit District (METRO) Board of Directors for a four year term ending December 31, 2012, and modified the term of Supervisor Pirie on the METRO Board of Directors to reflect a term ending December 31, 2009, as recommended by Chairperson Pirie
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80.2.   DIRECTED County Counsel to return to the Board on January 13, 2009, with a resolution establishing a campaign finance ordinance review committee, as outlined, as recommended by Supervisors Coonerty and Stone

80.3.   APPROVED the reappointment of Bonnie Morr and Paul Arsenault to the Workforce Investment Board, as at-large representatives of labor organizations, for terms to expire June 30, 2012, as recommended by Chairperson Pirie

80.4.   APPROVED appointment of Supervisor Pirie to the Library Joint Powers Board, on an interim basis until such time as the Board considers appointments to various agencies, committees and commissions in calendar year 2009, as recommended by Chairperson Pirie

80.5.   ACCEPTED notification of a vacancy on the Pajaro Valley Water Management Agency Board of Directors, for an appointee of the County of Santa Cruz, with appointment to be considered on January 13, 2009, as recommended by Chairperson Pirie

80.6.   DIRECTED the County Administrative Officer to discuss the possibility of rebuilding the rifle range formerly located at DeLaveaga Park with the City of Santa Cruz, as outlined, and report back to the Board on March 3, 2009, as recommended by Supervisor Beautz

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

Thousand Oaks Neighbors v. County of Santa Cruz, Board of Supervisors for the County of Santa Cruz, and Does 1 through 15, BK Properties, Powers Land Planning, and Does 16 through 30, Real Parties in Interest, Santa Cruz Superior Court Case No. CV159119

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

82.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood and Water Conservation District, Zone 5, to convene and carry out a regularly scheduled meeting

83.   Presentation made honoring First District Supervisor Jan Beautz

84.   Presentation made honoring Thomas L. Bolich, Public Works Director

85.   Presentation made honoring Pat Busch, Assistant County Administrative Officer

86.   CONSIDERED report on air quality health impacts in Davenport;

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

(2) directed the Health Services Agency to report back with further information on or before January 27, 2009
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87.   CONSIDERED report and recommendations on the status of the proposed Zero Waste EcoPark and future solid waste options for the County;

(1) accepted and filed report on the status of the proposed Zero Waste EcoPark; and

(2) directed Public Works to review the March 18, 2008, EcoPark plan and its components in terms of waste stream disposal tonnage, diversion potential, and economic analysis and return on or before February 3, 2009, with an amended project description for consideration
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88.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONSIDERED authorizing and directing the sale of not-to-exceed $60,000,000 principal amount of tax allocation bonds, 2009, Series A;

(1) ADOPTED RESOLUTION NO. 316-2008 Authorizing and Directing the Sale of Not-to-Exceed $60,000,000 Principal Amount of Tax Allocation Bonds, 2009 Series A, to the County of Santa Cruz Public Financing Authority, Approving Preliminary Official Statement and Distribution of Preliminary Official Statement , Authorizing Execution and Delivery of Official Statement, An Indenture of Trust, A Continuing Disclosure Certificate, A Bond Purchase Agreement, and Authorizing the Sale of the Bonds on Certain Terms and Conditions, Appointing Bond Counsel and a Financing Consultant, Authorizing Certain other Official Actions and Providing for other Matters Properly Relating Thereto;

(2) ADOPTED RESOLUTION NO. 317-2008 Approving Agreement Entitled "An Agreement Between the County of Santa Cruz and the County of Santa Cruz Redevelopment Agency Relating to Reimbursement of Tax Allocation Subordinated to the County of Santa Cruz Redevelopment Agency Tax Allocation Bonds, 2009 Series A (Live Oak/Soquel Community Improvement Project Area)"; and

(3) approved agreement between the County of Santa Cruz and the County of Santa Cruz Redevelopment Agency Relating to Reimbursement of Monies Subordinated to the County of Santa Cruz Redevelopment Agency Tax Allocation Bonds, 2009 Series A (Live Oak/Soquel Community Improvement Project Area)
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89.   AS THE BOARD OF SUPERVISORS OF SANTA CRUZ COUNTY, CONSIDERED approving the issuance of the County of Santa Cruz Redevelopment Agency Tax Allocation Bonds, 2009, Series A;

(1) ADOPTED RESOLUTION NO. 318-2008 Approving the Issuance of the County of Santa Cruz Redevelopment Agency Tax Allocation Bonds, 2009 Series A (Live Oak/Soquel Community Improvement Project Area; and

(2) ADOPTED RESOLUTION NO. 319-2008 Amending Resolution No. 330-87 and Approving agreement entitled "An Agreement Between the County of Santa Cruz and the County of Santa Cruz Redevelopment Agency Relating to Reimbursement of Tax Allocations Subordinated to the County of Santa Cruz Redevelopment Agency Tax Allocation Bonds, 2009 Series A (Live Oak/Soquel Community Improvement Project Area)
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90.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, CONSIDERED authorizing the purchase of tax allocation bonds from the Santa Cruz County Redevelopment Agency and the negotiated sale of bonds to an underwriting firm;

ADOPTED RESOLUTION NO. 320-2008 Authorizing the Purchase of Tax Allocation Bonds from the Santa Cruz County Redevelopment Agency and the Negotiated Sale of Such Bonds to an Underwriting Firm, Approving Related Documents and Authorizing Official Actions
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91.   APPROVED appointment of Ward Alksne and Steven R. Tronick to the Hazardous Materials Appeals Commission, as at-large members representing industry and the general public, respectively, for terms to expire April 1, 2011
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91.1.   ADOPTED RESOLUTION NO. 321-2008 accepting and appropriating $80,000 of unanticipated revenue; approved amendment to the agreement with Balance Hydrologics increasing the maximum amount by $80,000 to $145,000 for post-fire sediment monitoring; and approved related actions, as recommended by the Director of Health Services
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91.2.   ACCEPTED AND FILED report on the County's Green Building Program and approved related actions, including a report back on or before June 9, 2009 with a proposed ordinance implementing the proposed Green Building Program and the implementing standards for the residential component of the program, with any recommendations from the Commission on the Environment, as recommended by the Planning Director
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91.3.   APPROVED reappointment of Terry Hancock as the Second District Alternate to the Planning Commission for a term to expire January 7, 2013, as recommended by Supervisor Pirie
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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