Santa Cruz County Board of Supervisors Minutes: 12/15/2009

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2009, NUMBER 31
Tuesday, December 15, 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 Pirie Absent
2.		Moment of Silence and Pledge of Allegiance
3.		ADDED to the Consent Agenda: Item No. 45.1
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.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of December 3, 2009 through December 9, 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 Adept Consulting Services, Claim No. 910-040, and referred to County Counsel

11.   REJECTED the claim of Brent Leavitt, Claim No. 910-043, and referred to County Counsel

12.   REJECTED the claim of Frank B. Garcia, Claim No. 910-046, and referred to County Counsel

13.   REJECTED the claim of Vincent John LoFranco, Claim No. 910-047, and referred to County Counsel

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

15.   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

16.   APPROVED the Proposition 172 Maintenance of Effort (MOE) calculation for 2008-09 to certify that the County exceeds the Prop 172 MOE by $31.1 million; and directed the County Administrative Officer to execute and forward the 2009-2010 certification to the Auditor-Controller, as recommended by the County Administrative Officer

17.   ACCEPTED AND FILED financial report by the District Attorney's Office related to the Victim Compensation and Government Claims Board agreement for the period of July 1, 2009 through June 30, 2012, as recommended by the District Attorney

18.   AUTHORIZED County Service Area No. 4-Pajaro Dunes Fire to purchase a Type One fire engine in fiscal year 2009/2010; authorized the County Fire Chief to sign the Interlocal Contract for Cooperative Purchasing; authorized the fifty percent Pre-Payment Discount and the Demo discount; and approved related actions, as recommended by the Director of General Services

19.   AUTHORIZED the sole source justification for the Sheriff Detention Jail Door Retrofit work and directed the Sheriff's Office to return on or before January 26, 2010 with a negotiated contract with American Alarm for the first phase of jail door retrofit work, as recommended by the Director of General Services

20.   DEFERRED report on the modified automatic aid agreement with Santa Clara County and the development of an agreement with Santa Clara County for the remaining uncovered areas on or before February 23, 2010, as recommended by the Director of General Services

21.   APPROVED an extension of the existing office supplies contract with Staples, Inc., for an additional sixty day period through March 1, 2010, and directed General Services to provide an office supply contract for your Board's approval on or before February 23, 2010, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 316-2009 certifying the Board's approval of agreement with the California Department of Forestry and Fire Protection; approved contract and operational agreement with the California Department of Forestry and Fire Protection for fire protection services in County Service Areas 4 and 48 for fiscal year 2009/2010 in the amount of $3,291,571; and approved related actions, as recommended by the Director of General Services

23.   AUTHORIZED County Fire to purchase a Type One fire engine in place of a water tender as specified during the 2009/2010 budget hearings, as recommended by the Director of General Services

24.   APPROVED the Memorandums of Understanding between the California Department of Motor Vehicles and the Assessor, the Treasurer-Tax Collector and the Information Services Department; and approved related actions, as recommended by the Director of Information Services

25.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending November 30, 2009, as recommended by the Treasurer-Tax Collector

26.   ADOPTED RESOLUTION NO. 316-2009 authorizing the Treasurer-Tax Collector to enter into and execute an agreement with the California Franchise Tax Board Court Ordered Debt Program for the collection of money owed to the Santa Cruz County Superior Court, as recommended by the Treasurer-Tax Collector

27.   APPROVED amendment to the agreement with The Center to Promote Healthcare Access for electronic application enrollment services and authorized the Director of Health Services to sign, as recommended by the Director of Health Services

28.   ACCEPTED the Water Resources Program Status Report and directed the Health Services Agency Director to provide a follow-up annual report on County water management activities in December, 2010; with the additional direction staff report back regarding the UCSC Sphere of Influence Environmental Impact Report (EIR) prior the conclusion of the EIR comment period

29.   APPROVED Master Agreement for veterans advocacy services at a rate of $35.00 per hour; and authorized the Director of Health Services to sign, as recommended by the Director of Health Services

30.   APPROVED amendment to the lease agreement with Pacific Coast Development, for space at 12 West Beach in Watsonville, at a monthly square foot cost of $1.30 plus utilities and janitorial, and authorized the Director of Health Services to sign; approved amendment to the lease agreement with Pacific Coast Development for space at 18 West Beach in Watsonville, at a monthly square foot cost of $1.30 plus utilities and janitorial, and authorized the Director of Human Services to sign; and adopted RESOLUTION NO. 318-2009 accepting and appropriating revenue from the Deparment of Social Services in the amount of $6,221, as recommended by the Director of Human Services and the Director of Health Services

31.   ADOPTED RESOLUTION NO. 319-2009 accepting and appropriating unanticipated revenue in the amount of $1,768,265 from the Temporary Assistance for Needy Families Emergency Contingency Fund (TANF ECF) for services to CalWORKS participants and other low-income families; approved the TANF ECF contracts and amendments; and authorized the Director of Human Services to sign, as recommended by the Director of Human Services

32.   SCHEDULED public hearing on Tuesday, January 12, 2010, at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission regarding the October 2009 Housing Element and approved related action, as recommended by the Planning Director

33.   DELETED ITEM

34.   ACCEPTED AND FILED report on the Cabrillo College Pedestrian Overcrossing; and directed Public Works to return on or before March 23, 2010, for approval to advertise a request for proposals to prepare a seismic stability analysis for the Cabrillo College Pedestrian Overcrossing, as recommended by the Director of Public Works

35.   ACCEPTED AND FILED the final 2009/2010 Capital Improvement Program document and directed the Department of Public Works to return on or before May 18, 2010, with the proposed 2010/2011 Capital Improvement Program document, as recommended by the Director of Public Works

36.   ADOPTED RESOLUTION NO. 320-2009 for right-of-way acquisitions for the Rolling Woods Sewer Improvement project; authorized the Director of Public Works to sign the agreements on behalf of the County; and approved payment of the claims, as recommended by the Director of Public Works

37.   APPROVED amendment to agreement with PaleoResource Consultants F&F Georesource Associates, Inc., for additional work associated with the curation and reporting of a second significant whale fossil and other small fossils located within the limits of the East Cliff Drive Bluff Protection Project by increasing the contract $13,915.50 for a not-to-exceed amount of $98,002.38; and approved related action, as recommended by the Director of Public Works

38.   APPROVED Contract Change Order No. 1 in the amount of $3,507 required for completion of the 2009 Slurry Seal Project; accepted the improvements and approved the final cost of $63,961 for the project; and authorized the Clerk of the Board to take related action, as recommended by the Director of Public Works

39.   APPROVED independent contractor agreement with Soil Control Lab for County and various sanitation County Service Areas water and wastewater treatment plant lab testing in the not-to-exceed amount of $53,900 per fiscal year; and approved related action, as recommended by the Director of Public Works

40.   APPROVED amendment to agreement with Green Waste Recovery Inc., for a change in the terms of the performance bond from a four-year term to a one-year term with an annual renewal; and approved related action, as recommended by the Director of Public Works

41.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, APPROVED amendment to agreement with Williams Tree Service, Inc., for tree maintenance, emergency tree removal and work along the Salsipuedes River by increasing the contract for fiscal year 2009/2010 by $50,000 for a total not-to-exceed amount of $115,000, as recommended by the District Engineer

42.   ACCEPTED the Anna Jean Cummings Park Slide Replacement Project as completed; approved the final cost of the project in the amount of $235,717.58; and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

43.   ACCEPTED the Simpkins Family Swim Center renovation project as completed; approved the final cost in the amount of $1,874,268; and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED an Independent Contractor Agreement with SSA Landscape Architects, Inc. for design services for the Chanticleer Avenue Park Project in an amount not-to-exceed $403,038; and approved related actions, as recommended by the Redevelopment Agency Administrator

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on the status of paleontological resources and approved additional funding in the amount of $14,959.16 for mitigation and monitoring services by PaleoResource Consultants for the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator

45.1.   ADOPTED RESOLUTION NO. 321-2009 authorizing a grant application for Energy Efficiency and Conservation Block Grant (EECBG) funding through the California Energy Commission and authorized the General Services Director to execute all necessary documents associated with the grant; and directed that staff return with appropriate recommendations after the grant is considered by the State, as recommended by the Director of General Services

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Karen Sue Sallovitz v. Gabriella Magana, Deputy Nielson, Shawna Brim, Santa Cruz County Sheriff Department, Unnamed Security Officer 1, and DOES 1-10, Santa Cruz Superior Court Case No. CV 158872

Elan and Reverend Oracle v. Santa Cruz County Planning Department; Tom Burns; and DOES 1-25, inclusive, U.S. District Court, Northern District of California, San Jose Division Case No. C09-00373 JF

Myrna Perez v. Daniel Robeson and County of Santa Cruz, Santa Cruz County Superior Court Case No. CV 161642

Bert Nabor v. County of Santa Cruz, Workers' Compensation Claim Numbers 2008186336; 2008186251; 2007178533; 2006155591; and 2003084893

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

47.   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

48.   Continued public hearing to consider a grant submittal to the Community Development Block Grant (CDBG) Program-Planning and Technical Assistance Allocation;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 322-2009 approving the application for $70,000 in CDBG Planning and Technical Assistance Funds for planning and construction-readiness activities related to the Pinto Lake County Park Accessibility Improvements Project, and authorized staff to submit the full applicaton to HCD upon Board action, with a copy to be placed on file with the Clerk of the Board

CaL/P/SCo

49.   Public hearing held to consider the recommendation of the Planning Commission to approve minor "clean-up" ordinance amendments to Chapters 5.08, 12.02, 13.10, 13.20, 14.01, 16.42, and 18.10 of the Santa Cruz County Code;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 323-2009 approving the proposed ordinance amendments;

(2) ADOPTED ORDINANCE NO. 5061 Amending Chapters 5.08, 12.02, 13.10, 13.20, 14.01, 16.42, and 18.10 of the Santa Cruz County Code to be Consistent with State Law, Correct Typographical Errors, and Correct Inconsistencies within the County Code;

(3) certified the CEQA Notice of Exemption; and

(4) directed the Planning Director to submit the Board of Supervisor's action to the Coastal Commission to finalize the amendment process
CaL/P/SCo

50.   Public hearing held to consider the recommendation of the Planning Commission to amend County Code Chapter 17.12, Residential Density Bonuses and Affordability Incentives, to reflect minor changes in State law, and to adopt the Santa Cruz County Density Bonus Guidelines;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 5062 Amending Chapter 17.12 of the Santa Cruz County Code Relating to Residential Density Bonuses and Affordability Incentives; and

(2) certified the CEQA Notice of Exemption

LS/P/CaCo

51.   Public hearing held to consider a report concerning CaliforniaFIRST (also known as Solar Santa Cruz) and adopt resolution to authorize the County of Santa Cruz to join the California Communities CaliforniaFIRST Program and to approve the collaborative lead agency bidder Sacramento County to apply for and receive funding on behalf of County of Santa Cruz;

closed public hearing;

(1) accepted and filed report on the CaliforniaFIRST GREEN Financing Program;

(2) ADOPTED RESOLUTION NO. 324-2009 authorizing the County of Santa Cruz to join the California Communities CaliforniaFIRST Program;

(3) ADOPTED RESOLUTION NO. 325-2009 approving the collaborative lead agency bidder Sacramento County to apply for and receive funding on behalf of County of Santa Cruz; and

(4) directed staff to return to the Board to receive further direction about the CaliforniaFIRST Green Financing Program after the County has received notification about the status of the California Energy Commission State Energy Program application
LCa/P/SCo

52.   APPROVED appointment of Sonja Brunner to the Housing Authority Board of Commissioners, as an at-large tenant representative, for a term to expire December 15, 2011
LCa/P/SCo

53.   APPROVED appointment of Dr. Margery Regalado Rodriguez to the Board of Directors of the Community Action Board, as an at-large County appointee, for a term to expire January 7, 2013
LCa/P/SCo

54.   APPROVED reappointment of Heidi Simonson and Julia Hill to the Board of Law Library Trustees for terms to expire December 31, 2010
CaL/P/SCo

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