Santa Cruz County Board of Supervisors Minutes: 9/14/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 20
Tuesday, September 14, 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. 47.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - one person addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 17, 2010 and August 24, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 19, 2010 through September 8, 2010 and approved upon adoption of the 2010-2011 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 Cynthia Ambar Lee, Scotty Mitchell, Karen Mitchell, David Eshleman, Connie Eshleman, Bruce Gordon, Marie Beauchemin (erroneously sued herein as Marie Gordon), Wendy Baron, Robert G. Kinzie and Sandra L. Kinzie, Claim No. 011-013, and referred to County Counsel

11.   ADOPTED RESOLUTION NO. 226-2010 fixing and levying the 2010-2011 Tax Rates, pursuant to the State Constitution, as recommended by the Auditor-Controller

12.   AUTHORIZED the Auditor to issue replacement warrants in the total amount of $409.40 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

13.   ACCEPTED the Statement of the Vote for the June 8, 2010 Statewide Primary Election and declared the winner for each contest under Board jurisdiction, as recommended by the County Clerk

14.   ACCEPTED the Statements of Vote for the June 22 and August 17 Special Vacancy elections, as recommended by the County Clerk

15.   ADOPTED RESOLUTION NO. 227-2010 through Resolution No. 240-2010 appointing the unopposed special district candidates who have filed Declarations of Candidacy for the November 2, 2010 Gubernatorial General Election, as recommended by the County Clerk

16.   ADOPTED RESOLUTION NO. 241-2010 ordering the elections called by school districts, special districts, and cities be consolidated with the November 2, 2010 Gubernatorial General Election, as recommended by the County Clerk

17.   ADOPTED RESOLUTION NO. 242-2010 adopting the County of Santa Cruz Local Hazard Mitigation Plan for 2010-2015 as approved by the Federal Emergency Management Agency, as recommended by the Director of General Services

17.1.   APPROVED contract with TBWB Strategies for County Service Area No. 48 public education and outreach services, as recommended by the Director of General Services

18.   AWARDED contract in the amount of $1,275,200 to Elite Landscaping, Inc., for the Felt Street Project and approved related actions, as recommended by the Director of General Services

19.   AWARDED contract to Zipcar, Inc., for the community car share program and approved related actions, as recommended by the Director of General Services

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

21.   ACCEPTED the proposed ordinances updating Fire Codes for autonomous fire protection districts of Aptos/La Selva, Ben Lomond, Boulder Creek, Branciforte, Central, Felton, Pajaro Valley, Scotts Valley and Zayante; directed the Office of Emergency Services/County Fire staff to transmit any comments the County may have to the autonomous fire districts by October 1, 2010; and directed staff to return on October 26, 2010 with the autonomous fire protection districts' adopted ordinances for acceptance, modification, or denial, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 243-2010 approving denial of industrial disability retirement determination for a safety member, as recommended by the Director of Personnel

23.   ADOPTED RESOLUTION NO. 244-2010 approving industrial disability retirement determination for a safety member, as recommended by the Director of Personnel

24.   APPROVED an extension of the Middle Management Association Memorandum of Understanding (MOU), implemented provisions of the Middle Management agreement and approved health care provisions related to unrepresented group and the District attorney/Child Support Attorney Association, as recommended by the Director of Personnel

25.   ACCEPTED AND FILED report on transportation of juveniles to court, as recommended by the Chief Probation Officer

26.   APPROVED contract amendment with Behavior Interventions Incorporated, increasing the contract amount by $4,704 for a new not-to-exceed total of $30,704, for additional electronic monitoring services, and approved related action, as recommended by the Chief Probation Officer

27.   APPROVED an Operating Transfer from Probation Index 574100-6100 to the General Services Department Fleet Operations Index 3335000-2463 in the amount of $10,000 to purchase a replacement Girlzpace Grant van and approved related actions, as recommended by the Chief Probation Officer

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

29.   ADOPTED RESOLUTION NO. 245-2010 supporting the Land Trust of Santa Cruz County's request to the California Department of Conservation for the agricultural easement conservation of the Pista farmland, as recommended by Supervisor Pirie

30.   APPROVED appointment of Denise Ward to the Arts Commission for a term to expire April 1, 2013, as recommended by Supervisor Pirie

31.   APPROVED agreement in the amount of $78,860 with Children and Family Futures for Federal Administration for Childrens and Families grant evaluation services and approved related actions, as recommended by the Director of Health Services

32.   AUTHORIZED the County Administrative Officer to issue an ambulance operator's license to American Medical Response West for 2010-2011, as recommended by the Director of Health Services

33.   DIRECTED staff to process an ordinance amendment to County Code Section 13.10.681 regarding removal of the requirements for owner-occupancy and a homeowners exemption for properties with an accessory dwelling unit that are owned by public agencies and provide housing to special needs populations, as recommended by the Planning Director

34.   AUTHORIZED the Planning Director to sign a contract amendment with Hansen Information Technologies in the amount of $6,439.80 and approved related actions, as recommended by the Planning Director

35.   ACCEPTED AND FILED report on the Aptos Village Plan railroad crossing improvements and directed Public Works to return with a further status report on October 5, 2010, as recommended by the Director of Public Works

36.   ACCEPTED AND FILED the annual report of the National Pollutant Discharge Elimination system, Phase II and approved related actions, as recommended by the Director of Public Works

37.   ACCEPTED AND FILED the final report on the Scott Creek Bridge Emergency Rehabilitation Project, as recommended by the Director of Public Works

38.   APPROVED reimbursement agreements with City of Santa Cruz Water Department in the amount of $32,159.40 and the Soquel Creek Water District in the amount of $17,039.93; adopted RESOLUTION NO. 246-2010 for unanticipated revenue in the amount of $32,159.40 from the City of Santa Cruz Water Department and adopted RESOLUTION NO. 247-2010 for unanticipated revenue in the amount of $17,039.93 from the Soquel Creek Water District; made related findings; accepted the low bid of Pavex Construction in the amount of $908,413.50 for the RDA Overlay Project; authorized the award of the contract; and authorized the Director of Public Works to sign the agreements and contract on behalf of the County, as recommended by the Director of Public Works

39.   APPROVED road closures and permit for the Soquel High School Homecoming Parade scheduled for October 15, 2010, directed Public Works Department to issue the parade permit, as recommended by the Director of Public Works

40.   AUTHORIZED a total expenditure of $1,165 for the County of Santa Cruz's portion of the Monterey Bay regional storm water pollution prevention television advertisements, as recommended by the Director of Public Works

41.   AUTHORIZED payment in the amount of $12,254.69 to Hope Services, Inc. for providing recycling labor for construction and demolition waste recovery operations in the 2009/2010 fiscal year, as recommended by the Director of Public Works

42.   ACCEPTED AND FILED report on the status of the proposed Zero Waste EcoPark and directed staff to return with a further report on or before March 1, 2011, as recommended by the Director of Public Works

43.   AUTHORIZED the County Administrative Officer to sign a Lending Agreement with the Santa Cruz Museum of Natural History to temporarily loan for display paleontological resources discovered during construction of the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator and the County Administrative Officer

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY BOARD OF DIRECTORS, ACCEPTED AND FILED report on the Gemma House Improvement Project concerning installation of solar improvements and the potential for converting a habitable accessible structure to an accessory dwelling unit, and approved related action, as recommended by the Planning Director

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $1,109,583.33 for the cost of the 2010 Redevelopment Agency Overlay Project and approved related actions, as recommended by the Redevelopment Agency Administrator

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract amendment in the amount of $47,040 with Whitson Engineers for additional services for the East Cliff Drive Parkway Project and approved related actions, as recommended by the Redevelopment Agency Administrator

47.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED funding for the Felt Street Park construction contract in the amount of $1,351,460 and approved related actions, as recommended by the Redevelopment Agency Administrator

47.1.   APPROVED the extension of one Planner IV/I position from October 1, 2010 to June 30, 2011 to support Planning Department regulatory reform and permit streamlining effort, as recommended by the Planning Director

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Alexandra Pomianowski, an incompetent, by and through her Guardian ad Litem, Deborah Herting v. County of Santa Cruz; Steven Michael Peters; Ford Motor Company, Santa Cruz Superior Court Case No. CV165777

Robert George v. Dan Brierly; John Doe; and Richard Roe, individually and in their capacities as deputy sheriffs for the County of Santa Cruz, the true names and exact numbers of whom are unknown at this time; Phil Wowak; County of Santa Cruz, a municipal corporation; DOES 1 to 50, U.S. District Court, Northern District, San Jose Division Case No. CV10-01379 PVT

Save Our Seacliff, an unincorporated association, Petitioner v. County of Santa Cruz, Board of Supervisors of the County of Santa Cruz, and DOES 1 through 15, Respondents, Dominican Health Services, a California Corporation, and DOES 16 through 30, Real Parties in Interest, Santa Cruz Superior Court case No. CV 164562

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

49.   The Board of Supervisors recessed in order to permit the Board of Directors of the County Flood Control and Water Conservation District, Zone 5 to convene and carry out a regularly scheduled meeting

50.   CONTINUED TO OCTOBER 5, 2010 report regarding an approach and timeline for phase two of Community Programs funding analysis and recommendations
LCoPSCa

51.   CONSIDERED adoption in concept of an ordinance amending and updating the County Fire Code (Chapter 7.92) and adopting a resolution setting a public hearing on Tuesday, October 26, 2010 at 9:00 a.m. or thereafter to consider adoption of the International Fire Code 2009 Edition and the California Fire Code 2010 Edition, with amendments;

(1) approved "in concept" ordinance amending and updating County Fire Code (Chapter 7.92 of the County Code), to return on October 26, 2010 for final adoption;

(2) ADOPTED RESOLUTION NO. 248-2010 setting a public hearing on October 26, 2010 at 9:00 a.m. or thereafter to consider adoption of the International Fire Code 2009 Edition and the California Fire Code 2010 Edition, with amendments;

(3) considered adoption of a resolution finding modification of State housing law reasonably necessary, to return on October 26, 2010 for final adoption;

(4) directed the Clerk of the Board to publish the Notice of Public Hearing in the manner prescribed by law
PLCoSCa

52.   CONSIDERED report of County Counsel outlining various options regarding PG& E's SmartMeter technology, including a temporary moratorium on the installation of additional SmartMeters;

The Board of Supervisors took the following actions:

(1) Directed staff to investigate whether County right-of-way investments by PG&E in support of SmartMeter technology have been properly accounted for by PG&E in calculating the County's franchise fee;

(2) Authorized the Chair to communicate with and support Assemblymember Huffman's investigation into the potential health impacts of this technology;

(3) Authorized the Chair to write to PG&E requesting meaningful community meetings at which the public can have their questions answered;

(4) Asked the Legislature, through the County's Legislative Program, to launch a thorough investigation into the environmental and health effects of this technology;

(5) Authorized the Chair to write to the CPUC (California Public Utility Commission) requesting a response to the San Jose Mercury News story of September 7, 2010, regarding SmartMeters interference with common household devices; and

(6) ADOPTED ORDINANCE NO. 5074 as an urgency ordinance imposing a moratorium on the installation of SmartMeters in the unincorporated area of the County, to remain in effect until December 31, 2010, unless repealed by the Board of Supervisors
CoLPSCa

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