Santa Cruz County Board of Supervisors Minutes: 4/13/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 10
Tuesday, April 13, 2010

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. 51.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - seven people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 16, 2010 and March 23, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 18, 2010 through April 7, 2010 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. 5067 amending Chapter 2.120 of the Santa Cruz County Code regarding membership, term of office, and organization and procedure of the Fire Department Advisory Commission

11.   REJECTED claim of CSAA on behalf of Tony Lombardi, Claim No. 910-069, as insufficiently filed and referred to County Counsel

12.   REJECTED claim of The Abbey Group Consultants, Inc., Claim No. 910-071, and referred to County Counsel

13.   REJECTED claim of Matt Harmon, Claim No. 910-072, and referred to County Counsel

14.   ACCEPTED AND FILED the Single Audit Report of the County of Santa Cruz for the fiscal year ended June 30, 2009 and the re-issued Single Audit Report of the County of Santa Cruz for the fiscal year ended June 30, 2008, as recommended by the Auditor-Controller

15.   SCHEDULED a jurisdictional hearing on Tuesday, May 18, 2010 at 9:00 a.m. or thereafter, on the Planning Commission's decision regarding Application Number 09-0139 (Assessor's Parcel Number 038-151-89), a proposal to construct a 2,544 square foot, two-story single family dwelling with an elevator, three foot six inch high retaining wall within the required 20 foot front yard setback and to grade approximately 160 cubic yards on property located on the south side of Oakhill Road (between 735 and 749 Oakhill Road) approximately 380 feet west of Seacliff Drive, as recommended by the Clerk of the Board

16.   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

17.   ACCEPTED AND FILED report on State Supplemental Law Enforcement Services Funding (SLESF) for 2009-2010; adopted RESOLUTION NO. 53-2010 canceling estimated revenues and appropriations in the amount of $16,439 in the District Attorney budget index; adopted RESOLUTION NO. 54-2010 canceling estimated revenues and appropriations in the amount of $16,439 in the Sheriff's budget; and adopted RESOLUTION NO. 55-2010 canceling estimated revenues and appropriations in the amount of $98,409 in the Sheriff-Coroner budget; and approved the transfer of funds from fixed assets to maintenance indexes in the Sheriff's budget, as recommended by the County Administrative Officer, the Sheriff-Coroner, and the District Attorney

18.   CONTINUED TO APRIL 20, 2010 consideration to authorize County Counsel to execute the letter from the Santa Cruz City Attorney memorializing City and County staff comments regarding the City's proposed Local Agency Formation Commission (LAFCO) sphere of influence application

19.   ADOPTED RESOLUTION NO. 56-2010 authorizing the County to enter into an agreement with the Secretary of State's Office to receive Help America Vote Act (HAVA) Polling Place Accessibility Training Program grant funds and authorizing the County Clerk to negotiate and execute all necessary agreements relating to payment requests for HAVA Polling Place Accessibility Training grant authorized expenditures and approved related actions, as recommended by the County Clerk

20.   RATIFIED authorization for the District Attorney to sign a Certification of Assurance of Compliance and submit an application to the California Emergency Management Agency (CalEMA) in the amount of $313,942 for the 2010-2012 Anti-Drug Abuse Enforcement Team Recovery Act Program, and authorized the Chairperson of the Board of Supervisors to sign the grant agreement, as recommended by the District Attorney

21.   ACCEPTED AND FILED report on the Santa Cruz Veteran's Memorial Building Repair Project; and directed staff to work with the County Administrative Office and return on or before May 25, 2010 with information for funding the necessary repairs, as recommended by the Director of General Services

22.   SEE ITEM NO. 57.1 REGULAR AGENDA

23.   ACCEPTED status report on the creation of a lease agreement with Monterey College of Law and directed General Services to return on May 4, 2010 with a recommended lease agreement, as recommended by the Director of General Services

24.   ADOPTED RESOLUTION NO. 57-2010 accepting and appropriating unanticipated revenue in the amount of $48,970 from the California Gang Reduction and Intervention Program (CalGRIP) grant award, as recommended by the Chief Probation Officer

25.   ADOPTED RESOLUTION NO. 58-2010 re-authorizing the Juvenile Justice Coordinating Council through June 30, 2010 and directed the Probation Department to return on April 20, 2010 with the Multi-Agency Juvenile Justice Plan and Funding application for the Corrections Standards Authority Juvenile Justice Crime Prevention Act Program, as recommended by the Chief Probation Officer

26.   AUTHORIZED the Chief Probation Officer to submit a proposal to the United States Office of Juvenile Justice and Delinquency Prevention (OJJDP) under the 2010 Strategic Enhancement to Mentoring Programs grant solicitation, as recommended by the Chief Probation Officer

27.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending March 31, 2010, as recommended by the Treasurer-Tax Collector

28.   AUTHORIZED conceptual approval for the re-establishment of a Serial Inebriate Program and directed the Health Services Agency to return to the Board at or before budget hearings for approval, as recommended by Supervisor Coonerty

29.   DIRECTED the Chairperson to write the County's federal representatives informing them of the County's opposition to offshore oil drilling, as recommended by Supervisor Coonerty

30.   ACCEPTED nomination of Jerald M. Evans for appointment to the Housing Authority Board of Commissioners, as an at-large tenant representative over the age of 62, for a term to expire April 20, 2012, with final appointment to be considered on April 20, 2010, as recommended by Supervisor Leopold

31.   ADOPTED RESOLUTION NO. 59-2010 urging the State Legislature to make the 2010-2011 budget a Family Recovery Plan for California and directed the Clerk of the Board to approved related action, as recommended by Supervisors Stone and Leopold

32.   APPROVED appointment of Chris Lemar to the Emergency Management Council, as the representative of Dominican Hospital, as recommended by Chairperson Campos

33.   APPROVED appointment of Ken Hart to the Emergency Management Council, as the representative of the Planning Department, as recommended by Chairperson Campos

34.   ADOPTED RESOLUTION NO. 60-2010 accepting and appropriating San Lorenzo Valley septic system upgrade loan repayment revenue in the amount of $17,968 into the County Service Area 12 budget; approved amendments to agreements with the State Water Resources Control Board in the amount of $17,967.31 for repayment for septic system upgrade loan financing, and with Dientes Community Dental Clinic, increasing the contract amount by $35,000 for oral health care services, as recommended by the Director of Health Services

35.   CONTINUED TO APRIL 20, 2010 consideration to approve agreements with the Center to Promote Healthcare Access appending cost breakdown and defining terms for application maintenance for One-E-App; with the County of Marin in the amount of $4,405 for Medi-Cal administrative host county services; with various Medi-Cal community-based organizations, updating master agreements to include required Federal and State language; and with Central Coast Alliance for Health in the amount of $440,000 for Healthy Kids premiums

36.   APPROVED agreements with the Santa Cruz County Office of Education in the amount of $66,763 for mental health prevention services; with First 5 in the amount of $150,000 for mental health prevention services; and with Unity Care, Inc., increasing the amount by $121,819 for a not-to-exceed total of $250,000 for therapeutic behavioral services, as recommended by the Director of Health Services

37.   SEE ITEM NO. 57.2 REGULAR AGENDA

38.   ACCEPTED AND FILED update on the State Home Investment Partnership Program (HOME); adopted RESOLUTION NO. 61-2010 accepting and appropriating unanticipated revenue in the amount of $800,000 from the State for Federal HOME funds; adopted RESOLUTION NO. 62-2010 approving an interim loan from the Redevelopment Agency to the County of Santa Cruz to provide interim funding for the first time homebuyer program and authorizing repayment of the loan; adopted RESOLUTION NO. 63-2010 authorizing the Planning Director and/or her designee to execute all documents associated with the HOME program; directed staff to return on or before August 3, 2010 with a recommendation concerning the preparation of the County's 2010 HOME program and approved related actions; with the additional direction that the maximum unit price remain at $425,000

39.   ACCEPTED AND FILED report on the 2010 Seacliff Drive Culvert Replacement Project, as recommended by the Director of Public Works

40.   ACCEPTED the low bid of Engineered Soil Repairs, Inc., in the amount of $373,059, for the East Zayante Road Storm Damage Repair Project; authorized award of contract and approved related action, as recommended by the Director of Public Works

41.   APPROVED amendments to agreements with Sanders & Associates Geostructural Engineering, Inc. increasing the contract by $128,162.10 for additional engineering design services and with 123 Engineering, Inc. increasing the amount by $146,838.38 for additional inspection and construction management services for the East Cliff Drive Bluff Protection - 32nd Avenue to 36th Avenue and 41st Avenue project and approved related action, as recommended by the Director of Public Works

42.   APPROVED permit conditions for the Mountain Charlie Challenge Bike Event on April 24, 2010, and approved related action, as recommended by the Director of Public Works

43.   APPROVED permit conditions for the 2010 Amgen Tour of California Bike Ride Event on May 1, 2010, and approved related action, as recommended by the Director of Public Works

44.   APPROVED permit conditions for the Santa Cruz Mountains Challenge 2010 Bike Ride Event on July 31, 2010, and approved related action, as recommended by the Director of Public Works

45.   APPROVED transfer of funds in the amount of $800 within County Service Area No. 59 - Mc Gaffigan Mill Road for interest payments on long-term debt, as recommended by the Director of Public Works

46.   DIRECTED Public Works to return on or before May 4, 2010 with an emergency project status update for the Scott Creek Bridge Emergency Rehabilitation project, as recommended by the Director of Public Works

47.   APPROVED amendment to the contract with Lewis Tree Service, increasing the amount by $10,000, for emergency and safety-related tree pruning services in fiscal year 2009-2010, as recommended by the Director of Parks, Open Space, and Cultural Services

48.   APPROVED the independent contractor agreement in the amount of $13,910.50 with the Veteran's Memorial Building Board of Trustees for strategic and fundraising planning efforts; requested the Director of Parks, Open Space and Cultural Services to return with a status report on the planning efforts on or before August 17, 2010; and approved relation actions, as recommended by the Director of Parks, Open Spaces, and Cultural Services

49.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED Contract Change Order No. 3 in the amount of $12,718.82 for construction of a wildlife barrier for the Davenport Water Treatment System Improvement Project, as recommended by the District Engineer

50.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 64-2010 authorizing a maximum of $800,000 of Redevelopment Agency Funds to provide interim funding for the State Home Investment Partnership Program (HOME) First Time Homebuyer Program, as recommended by the Planning Director

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 65-2010 approving financing in the amount of $292,878 for additional construction engineering, inspection and management services for the East Cliff Drive Bluff Protection Project and approved related actions, as recommended by the Redevelopment Agency Administrator

51.1.   APPROVED appointment of Ron Sekkel to the Treasury Oversight Commission, as Public Member, Alternate, as recommended by the Treasurer-Tax Collector

52.   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: All County Employee Organizations and Associations

REPORT OF COUNTY COUNSEL - None

REGULAR AGENDA

53.   Presentation made by Paul McIntosh, Executive Director, California State Association of Counties (CSAC) concerning the state budget and CSAC activities

54.   Presentation made recognizing members of the community participating in the Volunteer Initiative Program and the Sheriff's Volunteer Program

55.   Public hearing held to consider the Ben Lomond Park Improvements Plan;

(1) opened public hearing;

(2) took testimony from the public and closed public hearing;

(3) adopted the recommended Ben Lomond Park Improvements;

(4) directed Parks staff to submit the necessary application materials to State Parks to apply for Proposition 40 funding for the Ben Lomond Park Improvements as requested by the Director of Parks, Open Space and Cultural Services; and

(5) requested that the Parks Department return with a proposed timeframe and an estimate of costs to investigate the feasibility of taking a Ben Lomond Dam project through the regulatory process
SPLCoCa

56.   CONSIDERED proposed addition of Chapter 5.48 of the Santa Cruz County Code relating to the consumption of single-use bags within the County;

(1) considered proposed addition of Chapter 5.48 to the Santa Cruz County Code relating to reduction of single-use plastic and paper carry-out bags within the County;

(2) directed Public Works to begin the California Environmental Quality Act (CEQA) review process on the ordinance through the County Planning Department; and

(3) directed Public Works to return to the Board with the final ordinance, after the CEQA review is complete, for a public hearing and final adoption of the ordinance;

(4) with the additional directions that (a) staff include outreach to retailers and other businesses in the ongoing discussion and development of the proposed ordinance and (b) report back with information on what the jurisdictions are doing with respect to this issue and their timelines
SLPCoCa

57.   Special consideration of Application Number 08-0453, an application to demolish an existing one-story, single family dwelling and to construct a two-story, 3,058 square foot, 3 bedroom single family residence with a non-habitable basement on property located at 171 Moran Way in Santa Cruz, CA (Assessor's Parcel Number 028-281-15);

(1) certified that the proposal is exempted from further Environmental Review under the California Environmental Quality Act;

(2) adopted Findings and approved a Riparian Exception; and

(3) approved application 08-0453, based on the findings and revised conditions
LCoPSCa

57.1.   ACCEPTED status report on the County Fire public opinion survey and directed staff to return on May 4, 2010 with the results of the survey and a survey based recommendation on how to proceed with funding County Fire, as recommended by the Director of General Services
PLCoSCa

57.2.   ADOPTED RESOLUTION NO. 66-2010 authorizing implementation of the Memorandum of Understanding for the In-Home Supportive Services providers; adopted RESOLUTION NO. 67-2010 accepting and appropriating unanticipated State and Federal revenue in the amount of $227,116; and approved related actions; with an additional direction that the Chair write letter to Governor to express support for In-Home Support Services program
LSPCoCa

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS