Santa Cruz County Board of Supervisors Minutes: 6/23/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 17
Tuesday, June 23, 2009

ACTION SUMMARY MINUTES

VOTING KEY: 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.		Supervisor Campos absent
2.		Moment of Silence and Pledge of Allegiance
3.		ADDED to the Consent Agenda: Item Numbers 67.1, 67.2, 67.3, 67.4, 67.5, 67.6, 67.7, 67.8, and 67.9 DELETED from the Consent Agenda: Item No. 14 Request to add late item to the CONSENT AGENDA: that the Board of Supervisors determine by two-thirds vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: Adopt a resolution approving the reorganization in bankruptcy of Charter Communications Properties LLC, as recommended by the County Administrative Officer It is, therefore, recommended that the Board accept this item for consideration on your consent agenda under the criteria specified above Motion made to add late item to the Consent Agenda and CONTINUE TO JUNE 25, 2009 consideration to adopt a resolution approving the reorganization in bankruptcy of Charter Communications Properties LLC
4.		(1) Action on the Consent Agenda; (2) Request to add late item to the consent agenda; (3) Reconsidered action on the consent agenda; and (4) Action on the Consent Agenda, as amended
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 9, 2009, as recommended by the Clerk of the Board

8.   DELETED ITEM

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.   DELETED ITEM

11.   REJECTED the claim of Bay Federal Credit Union, Claim No. 809-083, and referred to County Counsel

12.   REJECTED the claim of Kenneth Beard, Claim No. 809-084, and referred to County Counsel

13.   REJECTED the claim of Robert A. Moore, Claim No. 809-085, and referred to County Counsel

14.   DELETED ITEM

15.   REJECTED the Claim of State Farm Insurance Companies, Claim No. 809-088, and referred to County Counsel

16.   ACCEPTED AND FILED Certificate of Achievement for Excellence in Financial Reporting awarded to the County of Santa Cruz for it's Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2008, as recommended by the Auditor-Controller

17.   CONTINUED TO JUNE 25, 2009 consideration of a status report on Assembly Bill 811 - Solar Santa Cruz Program

18.   ACCEPTED AND FILED report on Community Television of Santa Cruz County; approved the activities plan and budget for the first quarter of 2009-2010; directed the County Administrative Officer to return on September 1, 2009 with further recommendations, and approved related actions, as recommended by the County Administrative Officer

19.   APPROVED various actions related to final close-out of agreements for the Watsonville Superior Court Project and approved related actions, as recommended by the County Administrative Officer

20.   AUTHORIZED the Plan of Cooperation between the Department of Child Support Services and the Santa Cruz County Sheriff to utilize the Sheriff for in-county service of process, as recommended by the Director of Child Support Services

21.   APPROVED agreement and related attachments with WEST for on-line legal research access in the amount of $22,907 and authorized the District Attorney to sign the agreement, as recommended by the District Attorney

22.   ACCEPTED status report on County Fire emergency service calls related to responding in the Santa Clara County unincorporated area and approved related actions, as recommended by the Director of General Services

23.   ADOPTED RESOLUTION NO. 180-2009 naming Authorized Agents to execute any necessary grant actions and authorized the Emergency Services Manager to submit the Federal 2009 Homeland Security Grant Program application on behalf of the Santa Cruz Operational Area, as recommended by the Director of General Services

24.   APPROVED plans and specifications for the Emeline Generator Replacement Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on July 21, 2009 in the General Services Department, as recommended by the Director of General Services

25.   APPROVED plans and specifications for the Live Oak Resource Center Construction Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on July 23, 2009 in the General Services Department, as recommended by the Director of General Services

26.   APPROVED plans and specifications for the Main Jail Refrigeration/Freezer Replacement Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on July 28, 2009 in the General Services Department, as recommended by the Director of General Services

27.   DIRECTED the General Services Department to advertise for bids for the 640 Capitola Road Termite Abatement Project and set the bid opening for 3:00 p.m. on July 21, 2009, as recommended by the Director of General Services

28.   APPROVED tentative agreement for the Health Services Physicians Association and ADOPTED RESOLUTION NO. 181-2009 amending salary Resolution No. 279-75 to implement provisions of the agreement, ADOPTED RESOLUTION NO. 182-2009 amending Personnel Regulations Section 160, No. 247-76, as recommended by the Personnel Director

29.   APPROVED recommendations on various insurance renewals, as recommended by the Personnel Director

30.   AUTHORIZED the Chief Probation Officer to submit a grant proposal to the National Institute of Justice for Building and Enhancing Criminal Justice Researcher-Practitioner Partnerships, as recommended by the Chief Probation Officer

31.   APPROVED two year master contract for the Sexual Assault Nurse Examiner Program for an annual amount not-to-exceed $165,600, as recommended by the Sheriff-Coroner

32.   AUTHORIZED the Sheriff-Coroner to apply for the Edward Byrne Memorial Justice Assistance Grant funds in the amount of $33,505 and enter into an inter-local agreement with the City of Santa Cruz, as recommended by the Sheriff-Coroner

33.   ADOPTED RESOLUTION NO. 183-2009 supporting the passage of Assembly Bill 1404, which would ensure that policies used to reach the goals of California's Global Warming Solution Act maximize environmental and public health benefits, as recommended by Supervisor Coonerty

34.   SEE ITEM NO. 72.1 REGULAR AGENDA

35.   ACCEPTED notification of three at-large vacancies and one at-large alternate vacancy on the second panel of the Assessment Appeals Board, with nominations for appointment to be received on August 4, 2009, and final appointment to be considered on August 11, 2009, as recommended by Chairperson Coonerty

36.   ACCEPTED notification of an at-large vacancy on the Workforce Investment Board, for a representative of business, with nominations for appointment to be received on August 4, 2009, and final appointment to be considered on August 11, 2009, as recommended by Chairperson Coonerty

37.   APPROVED appointment of Laura Kirby to the Domestic Violence Commission, as the representative of Watsonville Community Hospital, for a term to expire April 1, 2013, as recommended by Chairperson Coonerty

38.   APPROVED appointment of Sherri Stout-Torres to the Emergency Medical Care Commission, as the representative of Watsonville Community Hospital, for a term to expire April 1, 2011, as recommended by Chairperson Coonerty

39.   ADOPTED RESOLUTION NO. 184-2009 authorizing the Health Services Agency to sign on-going State standard agreements included on the 2009-2010 Continuing Agreements List and approved related actions, as recommended by the Director of Health Services

40.   ADOPTED RESOLUTION NO. 185-2009 in support of comprehensive federal health reform legislation, as recommended by the Director of Health Services

41.   APPROVED amendments to agreements with Dominican Hospital for Medi-Cruz hospital services modifying the rate structure and extending the term to June 30, 2020; adding crisis stabilization services to the Mental Health program and approved related actions, as recommended by the Director of Health Services

42.   APPROVED amendment to agreement with the Santa Cruz Community Counseling Center providing actual cost reimbursement for Hermanas women's residential treatment program during May and June 2009 and approved related actions, as recommended by the Director of Health Services

43.   APPROVED a request for transfer of budget appropriations in the amount of $14,250 within the Public Health Division 2008-2009 budget and approved the fixed asset purchase of a digital imaging system in the same amount, as recommended by the Director of Health Services

44.   APPROVED amendment to agreement with Document Fulfillment Service for an increase of $25,000 to maintain mailing of required CalWIN correspondence through June 30, 2009 and extend the agreement to fiscal year 2009-2010 in the amount of $200,000; and approved related actions, as recommended by the Director of Human Services

45.   APPROVED various service agreements to implement the 5 year Roots and Wings Federal Grant and the Transitional Housing Programs and approved related actions, as recommended by the Director of Human Services

46.   ACCEPTED the Draft 2009 Housing Element for the purpose of beginning the process of accepting State and public input, as recommended by the Planning Director

47.   ACCEPTED the low bid from Granite Construction Company, in the amount of $2,370,630.40, for the 2009 Road Reconstruction and Overlay Project; approved Utility Agreement between City of Watsonville Public Works Department and the County of Santa Cruz in the amount of $16,055; ADOPTED RESOLUTION NO. 186-2009 accepting and appropriating unanticipated revenue from American Recovery and Reinvestment Act (ARRA) I funds in the amount of $2,433,875 and ADOPTED RESOLUTION NO. 187-2009 accepting and appropriating unanticipated revenue from the City of Watsonville Public Works Department in the amount of $16,055; authorized award of contract and approved related actions, as recommended by the Director of Public Works
PL(Ca)SCo Supervisor Campos abstained due to a conflict of interest

48.   ACCEPTED low bid from Jones Brothers Enterprises, Inc., in the amount of $383,158 for the Bear Creek Road Storm Damage Repair Project; authorized award of contract; and approved related actions, as recommended Director of Public Works

49.   ACCEPTED low bid from Monterey Peninsula Engineering in the amount of $143,054 for the Boulder Creek Force Main Project; authorized award of contract; and approved related actions, as recommended Director of Public Works

50.   ACCEPTED the improvement and approved the final cost of $121,451.40 for the 2008 County Service Area (CSA) Resurfacing Project; and approved related action, as recommended Director of Public Works

51.   ACCEPTED the improvements and approved the final cost of $1,388,352.05 for the 7th Avenue Improvements - Capitola Road to Soquel Avenue Project; and approved related action, as recommended Director of Public Works

52.   ADOPTED RESOLUTION NO. 188-2009 of Intention to Make Aquisitions and Improvements for the North Polo Drive Sewer Extension Project, with an additional direction to make the following changes: in the first sentence of paragraph 3, titled Improvement Bonds, change the word "will" to "may" so it reads: "may be issued" and in the second sentence add the words "if issued" after the word "Bonds" so it reads: "The Bonds, if issued, shall be in such series"; ADOPTED RESOLUTION NO. 189-2009 preliminarily approving the engineer's report and directing related actions; directed Public Works to return with a contract with Jones Hall, Bond Counsel, on August 4, 2009; authorized the Director of Public Works to sign the independent contractor agreement with Bowman Williams to act as assessment engineer and approved related action

53.   APPROVED actions necessary to complete emergency culvert replacement project at Graham Hill Road and East Zayante Road and directed the Public Works Director to return August 4, 2009 with a status report and funding update, as recommended Director of Public Works

54.   APPROVED amendment to revenue agreement with the Santa Cruz County Resource Conservation District for the Gold Gulch Culvert Replacement Project at Brookside Way by increasing the contract by $537,745.09 for a total of $897,245.09, and approved related actions, as recommended Director of Public Works

55.   APPROVED the independent contractor agreement with Cal-West Lighting and Signal Maintenance in the not-to-exceed amount of $150,000 per fiscal year and approved related actions, as recommended Director of Public Works

56.   APPROVED the independent contractor agreement with Environmental Innovations in an amount not-to-exceed $72,000 for auditing, certification, and public outreach for the Green Business Program; approved proposed funding and approved related actions, as recommended Director of Public Works

57.   APPROVED specifications and engineer's estimate for the 2009 County Service Area (CSA) Resurfacing Project and authorized for calling of bids; set the bid opening for 2:15 p.m. on July 30, 2009 in the Department of Public Works Conference Room; directed Public Works to return on August 11, 2009 with a recommendation for award of contract; and approved related actions, as recommended Director of Public Works

58.   APPROVED plans and specifications and engineer's estimate for the Green Valley Road Sewer Project and authorized for calling of bids; set the bid opening for 2:15 p.m. on July 16, 2009 in the Department of Public Works Conference Room; directed Public Works to return on August 11, 2009 with a recommendation with a ratification of the contract; and approved related actions, as recommended Director of Public Works

59.   APPROVED plans and specifications and engineer's estimate for the 2009 Redevelopment Agency Overlay Project and authorized for calling of bids; set the bid opening for 2:15 p.m. on July 23, 2009 in the Department of Public Works Conference Room; directed Public Works to return on August 4, 2009 with a recommendation with for award of contract; and approved related actions, as recommended Director of Public Works

60.   APPROVED road closure and permit for the La Selva Beach 4th of July Parade and directed Public Works to issue the parade permit, as recommended Director of Public Works

61.   AUTHORIZED payment in the amount of $223.95 to Orchard Hardware for various hardware items purchased in fiscal year 2006-2007, as recommended Director of Public Works

62.   ADOPTED RESOLUTION NO. 190-2009 establishing the service charge for 2009-2010 to cover Parks debt service; adopted RESOLUTION NO. 191-2009 setting a public hearing on August 4, 2009 at 9:00 a.m. or thereafter to consider the proposed service charge reports and directed the Clerk of the Board to take related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

63.   APPROVED amendment to agreement with John Cahalan Landscape Architect for design services in the amount of $66,565 and approved related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

64.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ACCEPTED the low bid from Pacific Underground Construction in the amount of $159,576 for the Davenport Water Main Rehabilitation Project and authorized award of contract contingent upon the project being awarded a community development block grant; approved contract change order policy and authorized the District Engineer to sign the contract on behalf of the County, as recommended by the District Engineer

65.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $17,400 for the public art for the Floral Park Renovation Project and approved related actions, as recommended by the Redevelopment Agency Administrator

66.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $66,565 for the Felt Street Park Design Contract Amendment, as recommended by the Redevelopment Agency Administrator

67.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED an agreement with Gilbane Construction Company in the amount of $261,206 for construction project management services for the Live Oak Resource Center Project, and approved related action, as recommended by the Redevelopment Agency Administrator

67.1.   APPROVED appointment of Fire Battalion Chief Mike Venezio to the Hazardous Materials Advisory Commission, as the City of Santa Cruz representative, for a term to expire April 1, 2011, as recommended by Chairperson Coonerty

67.2.   ADOPTED RESOLUTION NO.192-2009 supporting the passage of Assembly Bill 828, which would establish a comprehensive process for developing strong statewide green building standards, as requested by the Commission on the Environment and recommended by Chairperson Coonerty

67.3.   APPROVED appointment of Tom Scully to the Fire Department Advisory Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

67.4.   APPROVED appointment of Chris Berry to the Fish and Game Advisory Commission for a term to expire April 1, 2013, as recommended by Supervisor Leopold

67.5.   CONTINUED TO JUNE 25, 2009 final adoption of ordinance amending Chapter 8.18 of the Santa Cruz County Code relating to restrictions placed on the evening use of certain unincorporated area beaches

67.6.   CONCURRED with the Treasurer-Tax Collector and the County Administrative Officer to suspend the investment of funds from the County Investment Pool in notes, bonds, or any other investment paper of the State of California and approved related actions, as recommended by the Treasurer-Tax Collector and the County Administrative Officer

67.7.   AS THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS AND THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 193-2009 opposing state efforts to seize Redevelopment Agency funding, as recommended by Supervisor Leopold

67.8.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVLOPMENT AGENCY, CONTINUED TO JUNE 25, 2009 consideration to approve implementation agreement between the City of Scotts Valley, the Scotts Valley Redevelopment Agency, the County of Santa Cruz and the Santa Cruz Redevelopment Agency for the Scotts Valley Branch Library

67.9.   CONTINUED TO JUNE 25, 2009 consideration to approve implementation agreement between the City of Scotts Valley, the Scotts Valley Redevelopment Agency, the County of Santa Cruz, and the Santa Cruz County Redevelopment Agency for the Scotts Valley Branch Library

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

AS THE BOARD OF DIRECTORS OF THE PUBLIC AUTHORITY,

CONFERENCE WITH LABOR NEGOTIATOR

In-Home Supportive Services Public Authority Negotiator: Human Services Department Director

Employee Organization: In-Home Supportive Services Public Authority Employees

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Ernestina Saldana, et al. v. County of Santa Cruz, et al., Santa Cruz Superior Court Case No. CV149432; Sixth District Court of Appeal Case No. H028899

AS THE BOARD OF DIRECTORS OF THE DAVENPORT SANITATION DISTRICT,

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Intitiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

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

70.   CONSIDERED recommendations for Service Employees International Union (SEIU) 521 cost savings;

(1) approved side letter to the SEIU MOU to implement the furlough plan described for the General Representation Unit;

(2) authorized the Personnel Director to sign the side letter agreements with SEIU Local 521 detailing the furlough plan and modifying provisions of the AVTO Program;

(3) exempted the Office of Child Support Services from the furlough for all bargaining units;

(4) ADOPTED RESOLUTION NO. 194-2009 to implement concessions for the Fiscal Year 2009-2010 for Service Employees International Union (SEIU) Local 521

(5) directed the County Administrative Officer to report back on the last day of Budget Hearings with the necessary financial actions to effectuate the changes as discussed in the letter of the County Administrative Officer, dated June 17, 2009
PSLCaCo

71.   CONSIDERED approval of Rigel Hunter as the public artist for Floral Park, approved contract in an amount not-to-exceed $17,400;

(1) approved the selection of Rigel Hunter as the public artist for Floral Park;

(2) approved the agreement with Rigel Hunter in the amount not-to-exceed $17,000 for public artwork at Floral Park;

(3) authorized the Parks Director to sign the contract and take related actions as needed to complete the public art coponent on behalf of the County; and

(4) ADOPTED RESOLUTION NO. 195-2009 accepting and appropriating $17,400 in contributions from the Redevelopment Agency into the Park's Department Public Art budget
CaPLSCo

72.   CONSIDERED Ordinance amending Chapter 8.34.030 of the Santa Cruz County Code regarding open containers in public places;

approved "in concept" ordinance amending Section 8.34.030 of the Santa Cruz County Code relating to an enhanced penalty for the possession of an open container of alcohol, with the following correction: add the word "Davenport" between the words Oak and beach in Section A. 3 to read: "Live Oak and Davenport beach violation between ten p.m. and six a.m." to return on August 4, 2009 for final adoption
LSPCaCo

72.1.   ADOPTED RESOLUTION NO. 196-2009 opposing proposed cuts to the In-Home Supportive Services Program and approved related actions, as recommended by Supervisor Stone
PCaLSCo

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