Santa Cruz County Board of Supervisors Minutes: 9/1/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 21
Tuesday, September 1, 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.		All Supervisors present
2.		Moment of Silence and Pledge of Allegiance
3.		ADDED to the Consent Agenda: Item Numbers 50.1 and 50.2 DELETED from the Regular Agenda: Item Number 53
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 11, 2009 and August 18, 2009, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 13, 2009 through August 26, 2009 and approved upon adoption of the 2009-2010 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 Anthony Bonanno, Claim No. 910-007, and referred to County Counsel

11.   REJECTED the claim of Elmer Saunier, Claim No. 910-009, and referred to County Counsel

12.   ACCEPTED AND FILED the Treasurer Quarterly Cash Count, as recommended by the Auditor-Controller

13.   APPROVED contract with MAXIMUS Consulting, Inc., in the amount of $14,820 for fiscal year 2009-2010 and $15,415 for fiscal year 2010-2011, to provide for the preparation of the Cost Allocation Plan for use in the fiscal years 2010-2011 and 2011-2012, as recommended by the Auditor-Controller

14.   SEE ITEM NO. 53.1 REGULAR AGENDA

15.   ACCEPTED AND FILED report and made findings that there is a need to continue the state of emergency relative to the Swine Influenza A (H1N1), as recommended by the County Administrative Officer

16.   ACCEPTED AND FILED report on Community Television; approved activities plan and budget through November 30, 2009 and directed the County Administrative Officer to return with a status report on November 10, 2009, as recommended by the County Administrative Officer

17.   APPROVED response to findings and recommendations in the 2008-2009 Grand Jury Final Report and approved related actions, as recommended by the County Administrative Officer

18.   ACCEPTED and adopted the recommendation of the Mobilehome Commission that the Reasonable Rate of Return for Qualified Mobilehome Park Capital Improvements remain at twelve percent, as recommended by County Counsel

19.   ADOPTED RESOLUTION 226-2009 Appointing Members in Lieu of Election to the Board of Directors of the Alba Park, Recreation and Parkway District; Adopted RESOLUTION NO. 227-2009 Appointing Members in Lieu of Election to the Board of Directors of Salsipuedes Sanitary District; adopted RESOLUTION NO. 228-2009 Appointing Members in Lieu of Election to the Board of Directors of Depot Hill Geological Hazard Abatement District; adopted RESOLUTION NO. 229-2009 Appointing Members in Lieu of Election to the Board of Directors of the Place De Mer Geological Hazard Abatement District; and adopted RESOLUTION NO. 230-2009 Appointing Members in Lieu of Election to the Board of Directors of Opal Cliffs Recreation District; accepted notification that applications for the vacant position existing on the Alba Park, Parkway and Recreation District will be forwarded to the County Board of Supervisors for appointments to be made prior to the November 3, 2009 deadline, as recommended by the County Clerk

20.   ACCEPTED AND FILED the District Attorney's annual report of 2008-2009 Real Estate Fraud Program, as recommended by the District Attorney

21.   DEFERRED report on financial update relating to the Joint Powers Agreement with the State Victims Compensation and Government Claims Board until December 15, 2009, as recommended by the District Attorney

22.   ACCEPTED the Notice of Completion for the 1020 Emeline Generator Replacement Project; approved the final cost of $138,643.76 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

23.   ACCEPTED the Notice of Completion for the Buena Vista Landfill Roof Repair and Repainting Project at 150 Rountree Lane, Watsonville, California; approved the final cost of $29,650 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

24.   ACCEPTED the Notice of Completion for the Pajaro Dunes Fire Station Re-roof Project at 2661 Beach Road, Watsonville, California; approved the final cost of $17,376 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

25.   ACCEPTED the Notice of Completion for the Paloma House Remodel Project at 321 East Beach Street, Watsonville, California; approved the final cost of $169,809.12 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

26.   APPROVED plans and specifications for the Government Center Sewer Backflow Prevention Installation Project; directed the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on September 29, 2009 in the General Services Department, as recommended by the Director of General Services

27.   AWARDED contract to L.W. Calhoun General Contractor in the amount of $14,895 for the 640 Capitola Road Termite Abatement Project and approved related actions, as recommended by the Director of General Services

28.   AWARDED contract to Traboh, Inc. in the amount of $106,504 for the Main Jail Refrigeration/Freezer Replacement Project and approved related actions, as recommended by the Director of General Services

29.   DECLARED certain used County vehicles be surplused and directed General Services to arrange for their disposition, as recommended by the Director of General Services

30.   ACCEPTED AND FILED report on Conflict Public Defender services; authorized the County Administrative Officer to sign an amendment to the agreement with the law firms of Page, Salisbury and Dudley, and Wallraff and Associates as reflected in the letter of the County Administrative Officer dated August 27 2009; and directed the County Administrative Officer to return on September 29, 2009 with a final agreement, as recommended by the County Administrative Officer

30.1.   DIRECTED the Chairperson of the Board to write to our federal and state legislators asking their assistance in expediting the release of the State-held stimulus funds to the 14th District Agricultural Association/Santa Cruz County Fairgrounds for various facility improvement projects, as recommended by the Director of General Services

31.   APPROVED reimbursement agreement between the State of California 14th District Agricultural Association and the Sheriff's Office for services provided at the Berry Festival; adopted RESOLUTION NO. 231-2009 accepting and appropriating $20,000 in unanticipated revenue; and approved related actions, as recommended by the Sheriff-Coroner

32.   ACCEPTED nomination of Eileen Hamilton for appointment to the first panel of the Assessment Appeals Board, as an at-large representative, for a term to expire September 7, 2012, with final appointment to be considered on September 15, 2009, as recommended by Supervisor Coonerty

33.   ADOPTED RESOLUTION NO. 232-2009 in support of Assembly Bill 94, to extend and expand the State's ability to acquire lands for conservation at nearly half price through State tax credits and federal tax deductions, as recommended by Supervisor Coonerty

34.   AUTHORIZED the Public Works Department to accept and dispose of all fire-related debris material and yard waste from the residents in the area impacted by the Lockheed Fire, at no charge, at the Buena Vista Landfill or the Ben Lomond Transfer Station, effective immediately and continuing through September 27, 2009, as recommended by Supervisor Coonerty

35.   APPROVED appointment of Carol Pruitt to the Alcoholism and Drug Abuse Commission for a term to expire April 1, 2013, as recommended by Supervisor Stone

36.   APPROVED appointment of Michael Fitzgerald to the Alcoholism and Drug Abuse Commission for a term to expire April 1, 2013, as recommended by Supervisor Stone

37.   ADOPTED RESOLUTION NO. 233-2009 supporting the Big Kahuna triathlon to be held October 25, 2009, as recommended by Supervisor Coonerty

38.   ACCEPTED AND FILED the 6-month report on Central Coast Alliance for Health and directed the Health Services Agency to return with the next progress report at the last meeting in February 2010, as recommended by the Director of Health Services

39.   APPROVED submission of two grant applications for prevention of underage drinking by the Health Services Agency Alcohol and Drug Program to the California Friday Night Live Partnership, as recommended by the Director of Health Services

40.   AUTHORIZED the County Administrative Officer to issue an ambulance operator's license to American Medical Response West (AMRW) for 2009-2010, as recommended by the Director of Health Services

41.   ADOPTED RESOLUTION NO. 234-2009 accepting unanticipated revenue of $1,613,778; approved the Temporary Assistance to Needy Families Emergency Contingency Fund contracts as presented and approved related actions, as recommended by the Director of Human Services

42.   AUTHORIZED amendment to agreement with Electronic Data Systems Corporation (EDS) for CalWORKS Information Network (CalWIN) development, implementation, maintenance, and operation services for 18 CalWIN counties effective through July 31, 2013 and approved related actions, as recommended by the Director of Human Services

43.   SCHEDULED public hearing on Tuesday, September 29, 2009 at 9:00 a.m. or thereafter to consider the 2010 Growth Goal, as recommended by the Planning Director

44.   APPROVED reimbursement agreement with Soquel Creek Water District in the amount of $3,234.38 for costs related to the 2009 Redevelopment Agency Overlay Project; adopted RESOLUTION NO. 235-2009 accepting and appropriating unanticipated revenue in the amount of $3,234.28 from the Soquel Creek Water District and approved related actions, as recommended by the Director of Public Works

45.   APPROVED road closures and permit for the Aptos High School Homecoming Parade, and directed Public Works to issue the parade permit upon receipt of the $100 processing fee, as recommended by the Director of Public Works

45.1.   APPROVED request to send Rachel Lather to the Western Regional No-Dig Conference for presentation of a paper for the Aptos Transmission Main Relocation project, as recommended by the Director of Public Works

45.2.   ADOPTED RESOLUTION NO. 236-2009 accepting and appropriating unanticipated revenue from the Federal Emergency Agency and the California Emergency Management Agency and appropriate these funds into the 2009-2010 Public Works County Service Area (CSA) 51 budget; accepted the low bid for the CSA 51 Hopkins Gulch Road Culvert Replacement Project; authorized award of contract and approved related actions, as recommended by the Director of Public Works

46.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED independent contractor agreement with Fall Creek Engineering, Inc., for construction administration services for the Davenport Water Treatment System Improvements in the not-to-exceed amount of $57,090, and approved related actions, as recommended by the District Engineer

47.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, AWARDED contract in the amount of $8,662.71 to J. Johnson Company, Inc for emergency sewer force main repairs at the end of Sombra Lane, as recommended by the District Engineer

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED an interim funding commitment of up to $175,000 in Redevelopment Agency Housing Funds to facilitate the sale of mobile homes as part of the Pacific Family Mobile Home Park project, as recommended by the Planning Director

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the Request for Statements of Professional Qualifications for design services for the neighborhood park on Chanticleer Avenue and directed the Redevelopment Agency Administrator to return on or before December 15, 2009 with a proposed contract for design services for Board consideration, as recommended by the Redevelopment Agency Administrator

50.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DEFERRED consideration of the County AB 2115 loan status report to November 3, 2009, as recommended by the Redevelopment Agency Administrator

50.1.   ADOPTED RESOLUTION NO. 237-2009 in support of Assembly Bill 560 and adopted RESOLUTION NO. 238-2009 indicating conditional support for the passage of Assembly Bill 1106, as outlined, as recommended by Chairperson Coonerty
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50.2.   APPROVED appointment of Steve Lustgarden as the Alternate to Supervisor Leopold on the Santa Cruz County Regional Transportation Commission, as recommended by Supervisor Leopold

51.   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 Organization: District Attorney Inspector Association

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Paul Goldstone Trust U.T.D. June 27, 2003 v. County of Santa Cruz; County of Santa Cruz Board of Supervisors; and DOES 1 through 100, inclusive

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for two potential cases

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

52.   APPROVED appointment of David Moeller to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 26, 2010
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53.   DELETED ITEM

53.1.   AUTHORIZED the Memorandum of Understanding between the County of Santa Cruz Department of Child Support Services and the County of San Mateo Department of Child Support Services to provide call support services, to commence on or around September 9, 2009; with an additional direction that staff report back on October 27, 2009 on the evaluation system and the results from the calls that have occurred since the commencement of the call support services
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54.   AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ AND THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONDUCTED an Economic Development Study Session

No action required at this time

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