Santa Cruz County Board of Supervisors Minutes: 10/27/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 25
Tuesday, October 27, 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. 50.1 DELETED from the Consent Agenda: Item No. 40 ADDED to the Regular Agenda: Item No. 53.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - Nineteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 29, 2009 and October 6, 2009, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 1, 2009 through October 21, 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. 5060 amending Subsection H.23. of Section 9.28.020 and adding Subsection W.1 to Section 9.28.030 of the Santa Cruz County Code relating to the stop intersection at Winkle Avenue and Howe Street

11.   REJECTED the claim of Alexandria Pomianowski, Claim No. 910-025, and referred to County Counsel

12.   REJECTED the claim of Rashel Adragna, Claim No. 910-030, and referred to County Counsel

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

14.   ACCEPTED AND FILED report on the financial adjustments included in the 2009-2010 Final County Budget, as recommended by the County Administrative Officer

15.   ACCEPTED AND FILED report and approved the Identity Theft Prevention Program; directed the stakeholder departments to incorporate the Identity Theft Prevention Program into their procedures and staff training and directed the County Administrative Officer to report back on the program annually at budget hearings, as recommended by the County Administrative Officer

16.   ACCEPTED report on the status of final agreement for conflict Public Defender services, as recommended by the County Administrative Officer

17.   ADOPTED RESOLUTION NO. 265-2009 ratifying proclamation of the existence of a local emergency issued by the Director of Emergency Services on October 20, 2009, as recommended by the County Administrative Officer

18.   ADOPTED RESOLUTION NUMBERS 266-2009 through 281-2009 approving participation in the Proposition 1A Loan Securitization Program for the following County funds and Board Governed Special Districts: Board of Supervisors; Pajaro Storm Drain Maintenance District; Place De Mer, CSA No. 2; Pajaro Dunes, CSA No. 4; Sand Dollar Beach, CSA No. 5; Boulder Creek, CSA No. 7; County Highway Safety, CSA No. 9; County Highway Safety Service Area No. 9-A; County Highway Safety Service Area No. 9-ZN-B; Recreation & Parks-CSA No. 11; Hutchinson Road, CSA No. 13; Huckleberry Woods, CSA NO. 15; Robak Drive, CSA No. 16; Empire Acres, CSA No. 17; Whitehouse Canyon Road, CSA No. 18; and Extended Police Protection, CSA No. 38; authorized execution and delivery of Purchase and Sale Agreements and authorized related actions necessary to complete the sale, as recommended by the County Administrative Officer

19.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED RESOLUTION NO. 282-2009 approving participation for County funds and Board Governed Special Districts in the Proposition 1A Loan Securitization Program; authorized execution and delivery of Purchase and Sale Agreements and authorized related actions necessary to complete the sale, as recommended by the County Administrative Officer

20.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ADOPTED RESOLUTION NO. 283-2009 approving participation for County funds and Board Governed Special Districts in the Proposition 1A Loan Securitization Program; authorized execution and delivery of Purchase and Sale Agreements and authorized related actions necessary to complete the sale, as recommended by the County Administrative Officer

21.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT-ZONE 4, ADOPTED RESOLUTION NO. 284-2009 approving participation for County funds and Board Governed Special Districts in the Proposition 1A Loan Securitization Program; authorized execution and delivery of Purchase and Sale Agreements and authorized related actions necessary to complete the sale, as recommended by the County Administrative Officer

22.   SCHEDULED public hearing on Tuesday, November 24, 2009, at 9:00 a.m. or thereafter, to consider changes to the Unified Fee Schedule and approved related action, as recommended by the County Administrative Officer

23.   DEFERRED report on call center support for the Department of Child Support Services to November 10, 2009, as recommended by the Director of Child Support Services

24.   ACCEPTED the Notice of Completion for the Front Street Debris and Retaining Wall Project at 126 Front Street, Santa Cruz, California; approved the final cost of $90,635.93 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

25.   ACCEPTED status report on the progress of modifications to the existing Automatic Aid Agreement with Santa Clara County and directed staff to return with the modified agreement and a further status report on the development of an agreement for the remaining uncovered areas on or before December 15, 2009, as recommended by the Director of General Services

26.   APPROVED plans and specifications for the 1430 Freedom Office Remodel Project; directed General Services to advertise for bids and set the bid opening on December 1, 2009 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

27.   AWARDED contract to Geo. H. Wilson, Inc. in the amount of $47,200 for the Government Center Sewer Backflow Prevention Installation Project and approved related actions, as recommended by the Director of General Services

28.   AWARDED contract to Lighthouse Painting Co. in the amount of $15,400 for the 420/440 May Avenue Painting Project and approved related actions, as recommended by the Director of General Services

29.   DEFERRED report on the work plan and timetable for the issuance of a County Service Area (CSA) 48 ballot measure to December 8, 2009, as recommended by the Director of General Services

30.   ADOPTED RESOLUTION NO. 285-2009 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. 286-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for participation by members of the Board of Supervisors/Department Heads and Elected Department Heads; adopted RESOLUTION NO. 287-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for participation by members of the Unrepresented Unit; adopted RESOLUTION NO. 288-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for participation by member of the Middle Management Association Unit; adopted RESOLUTION NO. 289-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for participation by members of the Health Services Agency Physicians Association Unit; adopted RESOLUTION NO. 290-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for participation by members of the Correctional Officers Representation Unit; adopted RESOLUTION NO. 291-2009 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. 292-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for participation by members of the Sheriff's Supervisory Unit; adopted RESOLUTION NO. 293-2009 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. 294-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for participation by member of the District Attorney and Child Support Attorney Unit; and adopted RESOLUTION NO. 295-2009 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care act for participation by members of the District Attorney Inspectors Unit, for the 2010 CalPERS Public Employees' Medical and Hospital Act (PEMHCA) medical plan contribution for various employee groups, as recommended by the Director of Personnel

31.   APPROVED Memorandum of Understanding (MOU) with the Law Enforcement Representation Unit, the Sheriff's Supervisory Unit, and the Law Enforcement Middle Management Unit; approved side letter agreements with the Law Enforcement Unit and the Sheriff's Supervisory Unit; approved one-time vacation accrual adjustments for affected Sheriff's Office Employees, as recommended by the Director of Personnel

32.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report, as recommended by the Treasurer-Tax Collector

33.   APPROVED appointment of Betty Bobeda to the Seniors Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

34.   ADOPTED RESOLUTION NO. 296-2009 relating to the establishment of a local Disease Prevention Demonstration Project, as recommended by Supervisor Leopold

35.   APPROVED appointment of Tim Walsh to the Alba Park, Parkway and Recreation District for a four year term, as recommended by Supervisor Stone

36.   APPROVED appointment of Jennifer Anderson-Bahr to the Human Services Commission for a term to expire April 1, 2013, as recommended by Supervisor Stone

37.   APPROVED reappointment of Supervisor Campos as the County's representative to the California State Association of Counties Board of Directors, and reappoint Supervisor Stone as the alternate, as recommended by Chairperson Coonerty

38.   ACCEPTED AND FILED report on efforts to mitigate groundwater overdraft in the Pajaro Groundwater Basin and directed the Water Resources Division Director to return with a further status report on December 15, 2009, as recommended by the Director of Health Services

39.   APPROVED agreement with Psynergy Programs Inc for mental health residential and outpatient services and approved related action, as recommended by the Director of Health Services

40.   DELETED ITEM

41.   AUTHORIZED payment of two invoices over one year old totaling $1,318.99, as recommended by the Director of Health Services

42.   ACCEPTED AND FILED report on Santa Cruz County green jobs workforce development and anticipated growth in clean and green jobs, as recommended by the Director of Human Services

43.   APPROVED the federal fiscal year 2009-2010 Memorandum of Understanding (MOU) between the County of Santa Cruz Human Services Department and Cabrillo College for the provision of Food Stamp Employment and Training (FSET) services, and approved related actions, as recommended by the Director of Human Services

44.   APPROVED the federal fiscal year 2009-2010 agreement with the Homeless Services Center for the provision of Food Stamp Employment and Training (FSET) services in the amount of $65,470 and approved related actions, as recommended by the Director of Human Services

45.   ACCEPTED a non-renewal of the Open Space Easement Contract on Assessor's Parcel Numbers 085-153-02 and 089-051-12 as requested by property owner Melva Johnson, as recommended by the Planning Director

46.   ACCEPTED the low bid from Reber Construction Company, Inc., in the amount of $122,082 for the Soquel-San Jose Road Storm Damage Repair Project and authorized award of contract; adopted RESOLUTION NO. 297-2009 accepting and appropriating unanticipated revenue in the amount of $208,150 and approved related actions, as recommended by the Director of Public Works

47.   ADOPTED RESOLUTION NO. 298-2009 authorizing Public Works to submit applications to the California Department of Conservation to certify County disposal sites as collection programs for beverage containers and approved related action, as recommended by the Director of Public Works

48.   RATIFIED the emergency contract with Reber Construction Company for the Graham Hill Road at East Zayante Road Emergency Culvert Replacement Project and authorized a lump sum payment to Reber Construction in the amount of $71,737, as recommended by the Director of Public Works

49.   AMENDED payment provisions for contract number 92 with the Cultural Council of Santa Cruz County, as recommended by the Director of Parks, Open Space and Cultural Services

50.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED agreement with Whitson Engineers in the amount of $419,927 for consultant services for the East Cliff Drive Parkway Project and approved related actions, as recommended by the Redevelopment Agency Administrator

50.1.   ACCEPTED AND FILED report on 2009 H1N1 Flu Vaccination Plans; adopted RESOLUTION NO. 299-2009 accepting and appropriating $490,606 for the Emergency Preparedness Program for vaccine implementation and $55,807 for HIV services into the Public Health budget; approved agreements with Maxim for mass vaccination services and Donna Ramos, R.N. for hospital surge consultation and facilitation of meetings relating to the Behavioral Health Unit in a total amount not-to-exceed $30,000; approved addition of .50 Typist Clerk III and approved related actions, as recommended by the Director of Health Services

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Carl Matthes v. County of Santa Cruz; Sheriff Steve Robbins; Lt. Payne; Lt. Wilson; 10 Unknown Correctional Officers and other Personnel at the Santa Cruz County Jail Employed by the Santa Cruz Sheriff's Department, U.S. District Court Case No. C07 05559 RS

Frank Eryavec v. County of Santa Cruz, Workers' Compensation Claim Numbers 2006156050; 2006135824; 2004009149

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

52.   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 special meeting

53.   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

53.1.   In Memoriam--Mardi Wormhoudt

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