Santa Cruz County Board of Supervisors Minutes: 9/29/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 23
Tuesday, September 29, 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 No. 49.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 15, 2009, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 10, 2009 through September 23, 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.   ADOPTED ORDINANCE NO. 5057 repealing Chapter 14.08 of the Santa Cruz County Code Relating to the Conversion of Mobilehome Parks to Resident Ownership

11.   REJECTED the claim of Edward Gerlach and Selene Bazarnick, Claim No. 910-013, and referred to County Counsel

12.   REJECTED the claim of Jin H. Kim, Claim No. 910-016, and referred to County Counsel

13.   REJECTED the claim of State Farm Insurance (subrogee for JG McBride), Claim No. 910-017, and referred to County Counsel

14.   REJECTED the claim of James M. Donovan, Claim No. 910-019, and referred to County Counsel

15.   REJECTED the claim of Flori and Rod Soder, Claim No. 910-020, and referred to County Counsel

16.   REJECTED the claim of McGuire and Hester, Claim No. 910-021, and referred to County Counsel

17.   ADOPTED RESOLUTION NO. 247-2009 approving the 2009-2010 budget for County Funds and Special Districts governed by the Board of Supervisors; canceled various appropriations due to insufficient funding or contingency balances that exceed legal limitations and directed the County Administrative Office to report back with any additional actions necessary on or before October 27, 2009; adopted RESOLUTION NO. 248-2009 establishing appropriation limitations for the County and board-governed Special Districts as provided in exhibit C; approved transfer of appropriations and adopted RESOLUTION NO. 249-2009 accepting unanticipated revenue related to the prior fiscal year, previously authorized in the 2009-2010 budget hearing Last Day report; directed staff to return with budget adjustments necessary to reflect the 8% reduction of property taxes as a result of the State's suspension of Proposition 1A, as recommended by the Auditor-Controller

18.   ACCEPTED AND FILED report and find that a need exists to continue the state of emergency relative to the Swine Influenza A (H1N1), as recommended by the County Administrative Officer

19.   ACCEPTED AND FILED report on the Conflict Public Defender services and approved related actions, including a report back on October 27, 2009, as recommended by the County Administrative Officer

20.   APPROVED agreement with the City of Watsonville in the amount of $84,887 for reimbursement of task force-related expenditures related to the Santa Cruz Auto Theft Reduction Task Force; directed the Auditor-Controller to reimburse the City of Watsonville for expenditures incurred per the agreement and approved related actions, as recommended by the District Attorney

21.   ADOPTED RESOLUTION NO. 250-2009 approving the California Department of Forestry and Fire Protection Agreement; adopted RESOLUTION NO. 251-2009 accepting and appropriating unanticipated revenue in the amount of $1,685 from the California Department of Forestry and Fire Protection, Volunteer Fire Assistance Grant Program funds into the County Fire County Service Area No. 4--Pajaro Dunes budget and approved related actions, as recommended by the Director of General Services

22.   APPROVED contract in the amount of $40,000 with Signature Technology Group, Inc. for computer maintenance services and approved related actions, as recommended by the Director of Information Services

23.   APPROVED an extension of the Memorandum of Understanding (MOU) for the District Attorney Inspectors Association; adopted RESOLUTION NO. 252-2009 implementing provisions of the agreement, as recommended by the Director of Personnel

24.   ACCEPTED AND FILED report on the Recovery Act-Edward Byrne Memorial Competitive grant award of $913,560 and authorized the County Administrative Officer to sign the Funding Award document, as recommended by the Chief Probation Officer

25.   ADOPTED RESOLUTION NO. 253-2009 authorizing the Chief Probation Officer to submit an application proposal for the Disproportionate Minority Contact Support Project Funds, as recommended by the Chief Probation Officer

26.   ACCEPTED nomination of Julie Moreno 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 6, 2009, as recommended by Supervisor Campos

27.   APPROVED appointment of Barbie Gomez to the Parks and Recreation Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

28.   APPROVED appointment of Evelyn Bernstein to the Arts Commission for a term to expire April 1, 2013, as recommended by Supervisor Leopold

28.1.   ACCEPTED nomination of Suzanne Young for appointment to the second 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 October 6, 2009, as recommended by Supervisor Leopold

28.2.   APPOINTED Supervisor Campos to serve as the Board's representative on the Dropout Prevention Task Force that will convene a Dropout Prevention Summit in Watsonville for school year 2009-2010, as recommended by Supervisor Campos

29.   ADOPTED RESOLUTION NO. 254-2009 accepting and appropriating unanticipated revenue in the amount of $75,000 from the Ambulance Excess Revenue Trust Fund into the Health Services Agency budget for the purchase of cardiac arrest monitoring equipment, as recommended by the Director of Health Services

30.   APPROVED agreements with United Way, in an amount not-to-exceed $109,031, and Salud Para La Gente, in an amount not-to-exceed $89,440, for MediCal outreach and enrollment services and approved related actions, as recommended by the Director of Health Services

31.   APPROVED marketing agreement with Financial Marketing Concepts Inc. for the promotion of the Coast2Coast discount prescription (Rx) card program and approved related actions, as recommended by the Director of the Health Services Agency

32.   APPROVED payment of prior year claims from Pajaro Valley Prevention and Student Assistance ($25,573.05 for 2005-2006 and $45,965.00 for 2006-2007) and Janus of Santa Cruz ($139,141.00 for 2006-2007) for alcohol and drug treatment and prevention services, as recommended by the Director of Health Services

33.   APPROVED amendment to the agreement with Hansen Information Technologies in the amount of $11,355 for annual maintenance, as recommended by the Planning Director

34.   ACCEPTED AND FILED final status report on the completion of the Ben Lomond Transfer Station Upper Tipping Floor Railing System Installation, as recommended by the Director of Public Works

35.   ACCEPTED AND FILED report on the Buena Vista Landfill site regarding State Minimum Standards for Gas Monitoring and Control, as recommended by the Director of Public Works

36.   ACCEPTED AND FILED report on the proposed Zero Waste EcoPark project and directed Public Works to return on or before March 2, 2010, with a progress report, as recommended by the Director of Public Works

37.   ACCEPTED AND FILED report on the Request for Proposals for concrete crushing and grinding services, as recommended by the Director of Public Works

38.   ACCEPTED AND FILED report on the Fluorescent Lamp Recycling Program; adopted RESOLUTION NO. 255-2009 accepting and appropriating unanticipated revenue in the amount of $40,000 from Pacific Gas and Electric (PG&E); approved agreement with PG&E to extend the Fluorescent Lamp Recycling Program through December 2010 and approved related actions, as recommended by the Director of Public Works

39.   ACCEPTED AND FILED report on the status of the Graham Hill Road at East Zayante Road Emergency Culvert Replacement Project; and directed Public Works to report back on or before October 27, 2009, with the final project cost and a recommendation to ratify the emergency repair contract with Reber Construction Company, as recommended by the Director of Public Works

40.   ACCEPTED and amended the County maintained road mileage; adopted RESOLUTION NO. 256-2009 certifying the County maintained road mileage and directed staff to revise the Maintained Road System, as recommended by the Director of Public Works

41.   ADOPTED RESOLUTION NO. 257-2009 accepting and appropriating unanticipated revenue in the amount of $4,991 from the City of Scotts Valley for the Green Schools Program; approved the amendment to agreement with Life Lab Science Program, increasing the amount by $20,000 to a not-to-exceed amount of $70,000 for fiscal year 2009-2010 and extending the term of the contract to June 30, 2010 for the Green Schools Program, and approved related action, as recommended by the Director of Public Works

42.   ADOPTED RESOLUTION NO. 258-2009 approving the submittal of two grant applications for funds from Highway Safety Improvement Program for placement of new intersection warning signs on various County roads and to install new guardrail at various locations in the County, as recommended by the Director of Public Works

43.   APPROVED amendment to agreement with Williams Tree Service, Inc. increasing the hourly rates for tree maintenance and emergency tree removal services and approved related action, as recommended by the Director of Public Works

44.   APPROVED road closures for the Soquel High School Homecoming Parade scheduled for October 23, 2009 and directed Public Works to issue the road closure permit, as recommended by the Director of Public Works

45.   AUTHORIZED one-time payments to Orchard Supply Hardware in the amount of $64.61 and Times Publishing Inc., in the amount of $225.00 for prior year unpaid invoices, as recommended by the Director of Public Works

46.   APPROVED amendment to agreement with Community Action Board of Santa Cruz County, Inc., increasing the amount by $5,000 for a not-to-exceed total of $75,000 for supervision of the Youth Community Services Program and approved related actions, as recommended by the Director of Public Works

47.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, AUTHORIZED payment of $2,509.88 to Thomas and Associates for prior year purchases for the Freedom County Sanitation lift station at Diamond Estates, as recommended by the District Engineer

48.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DEFERRED the continuation of the Economic Development Study Session to October 27, 2009, as recommended by the Redevelopment Agency Administrator

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AWARDED contract to Bogard Construction, Inc. in the amount of $3,041,095 for construction of the Live Oak Resource Center and approved related actions, as recommended by the Redevelopment Agency Administrator

49.1.   APPROVED and authorized Chief Probation Officer to sign real property lease agreement for Probation offices located at 303 Water Street, Santa Cruz, as recommended by the Chief Probation Officer

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

AS THE PUBLIC HEALTH AUTHORITY,

CONFERENCE WITH LABOR NEGOTIATOR

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

Employee Organization: In-Home Supportive Services Public Authority Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

51.   CONSIDERED adopting resolution recognizing October 3 through 17, 2009, as Binational Health Week in Santa Cruz County;

ADOPTED RESOLUTION NO. 259-2009 Recognizing October 3, 2009 through October 17, 2009 as Binational Health Week in Santa Cruz County
CaSLPCo

52.   The Board of Supervisors shall recess in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 7 to convene and carry out a regularly scheduled meeting

(agendas are located on the table in front of the Board Chambers)

53.   CONSIDERED adopting in concept an ordinance adding Chapter 13.38 to the Santa Cruz County Code establishing the Santa Cruz County Green Building Program; and related actions;

(1) approved "in concept" ordinance adding Chapter 13.38 to the Santa Cruz County Code establishing the County Green Building Program for residential development to return on October 6, 2009 for final adoption;

(2) certified the CEQA Categorical Exemption;

(3) directed staff to return on November 3, 2009 with a proposed resolution adopting: the Green Points Check List for large projects; the Green Building Features List for small projects; and proposed fees for funding the County's Green Building Program: and

(4) directed staff to continue to monitor the City of Santa Cruz's efforts to expand green building standards to apply to non-residential projects, and report back as appropriate on this topic;

(5) with an additional direction that staff return in six months with program implementation progress report
LSPCaCo

54.   Public hearing held to consider the 2010 Growth Goal;

(1) opened public hearing on the setting of the Year 2010 Growth Goal;

(2) referred matter to the Planning Commission for consideration and recommendation; and

(3) continued public hearing to December 8, 2009, with direction to staff to return with the recommendation of the Planning Commission and a resolution for final action by the Board
SPLCaCo

55.   CONSIDERED report on the final 2009-2010 California State Budget and related actions;

(1) accepted and filed report contained in the letter of the Human Services Department dated September 15, 2009;

(2) approved recommendations contained in the letter of the Health Services Agency dated September 15, 2009:

(a) accepted and filed report on the final State Budget changes;

(b) ADOPTED RESOLUTION NO. 260-2009 accepting and appropriating $2,528,879 from various sources into the Health Services Agency budget;

(c) approved revenue agreement with First 5 Santa Cruz, a new agreement funding Healthy Kids premiums in the amount of $440,000 and authorized the Health Services Agency Director to sign;

(d) approved the net addition of 11.90 FTEs into various HSA budgets as detailed on Attachment A and directed HSA to work with Personnel to classify;

(e) approved the purchase of laboratory refrigerator in the amount of $6,750 for vaccine storage; and

(f) directed the Health Services Agency to report back on new grants, Swine Flu Vaccination plans, and Children's Health Insurance on or before November 5, 2009
LSPCaCo

56.   CONSIDERED adopting in concept an ordinance amending Sections 2.72.060 and 2.80.050 of the County Code, and adopting an associated resolution conforming the County Code and Personnel Regulations to state and federal law and terminology;

(1) approved "in concept" ordinance amending County Code Sections 2.72.060 and 2.80.050 to return on October 6, 2009 for final adoption;

(2) ADOPTED RESOLUTION NO. 261-2009 to amend the following sections of the Personnel Regulations: Section 130, Civil Service Rules: The Civil Service Commission Policy with Respect to Abolishment of Eligible Lists; Section 171, Performance Evaluation Program; Section 181.5, Rights of Recognized Employee Organizations; Section 191.5, Reasonable Accommodation Policy; and Section 192, Employment Discrimination or Harassment Complaint Procedure; and

(3) authorized the Personnel Director and the County Administrative Officer to take all necessary administrative actions to implement the provisions of the resolution and ordinance
CaLPSCo

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