Santa Cruz County Board of Supervisors Minutes: 9/28/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 21
Tuesday, September 28, 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. 41.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - ten people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 14, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 9, 2010 through September 22, 2010 and approved upon adoption of the 2009-2010 and 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 Dan Crenshaw, Claim No. 011-015, and referred to County Counsel

11.   REJECTED the claim of John W. Valley, Claim No. 011-016, and referred to County Counsel

12.   REJECTED the claims of Jennifer Buchanan, Claim Numbers 011-018 and 011-018A, and referred to County Counsel

13.   ADOPTED RESOLUTION NO. 249-2010 approving the 2010-2011 Adopted Budget for County Funds and Board Governed Special Districts; adopted RESOLUTION NO. 250-2010 approving the appropriation limitations for the County and Board Governed Special Districts; approved the transfers of appropriations and adopted RESOLUTION NO. 251-2010 accepting unanticipated revenue related to the last fiscal year; directed the County Administrative Officer to return with any additional actions necessary on or before October 26, 2010 and approved related actions, as recommended by the Auditor-Controller

14.   AUTHORIZED the Auditor to issue a replacement warrant in the total amount of $141.87 to replace specified uncashed and stale dated warrant, as recommended by the Auditor-Controller

15.   ACCEPTED AND FILED status report on the American Recovery and Reinvestment Act funds, as recommended by the County Administrative Officer

16.   ACCEPTED AND FILED status report on the American Recovery and Reinvestment Act Recovery Zone Bond Program; adopted RESOLUTION NO. 252-2010 designating the unincorporated area as a Recovery Zone and approved related action, as recommended by the County Administrative Officer

17.   APPROVED responses to the 2009-2010 Grand Jury Report and approved related actions, as recommended by the County Administrative Officer

17.1.   ACCEPTED and adopted the recommendation of the Mobile and Manufactured Home Commission that the Reasonable rate of return for Qualified Mobilehome Park Capital Improvements remain at twelve percent, as recommended by County Counsel

18.   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 $198,040 for the 2010-2011 Anti-Drug Abuse Enforcement Program; and adopted RESOLUTION NO. 253-2010 canceling revenue appropriations in the amount of $60,333 for the 2010-2011 Anti-Drug Abuse Enforcement Program, as recommended by the District Attorney

19.   ACCEPTED the Notice of Completion for the 1430 Freedom Probation Office Remodel Project; approved the final cost of $49,266.40 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

20.   APPROVED agreement with Young Engineering Services in the amount of $109,500 for electrical and mechanical engineering services for the Energy Efficiency Conservation Block Grant Projects and approved related actions, as recommended by the Director of General Services

20.1.   APPROVED agreement with William Fisher Architecture, Inc., in the amount of $31,000 for architectural, electrical and mechanical engineering services for the 1080 Emeline Remodel Project and approved related actions, as recommended by the Directors of General Services and Health Services

21.   APPROVED transfer of funds in the amount of $4,200 from appropriations in Contingencies to Fixed Assets for the purchase of the Pajaro Dunes Type 1 fire engine, as recommended by the Director of General Services

22.   AWARDED contract in the amount of $169,224 to CRW Industries, Inc, for the Brommer Street Improvement Project and approved related actions, as recommended by the Director of General Services

23.   AWARDED contract in the amount of $182,550 to Monterey Peninsula Engineering for the Scott Park Improvement Project and approved related actions, as recommended by the Director of General Services

24.   DIRECTED General Services to re-advertise for bids for the 1030 Emeline Drainage System Improvement Project and set the bid opening on October 26, 2010 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

25.   APPROVED in concept the establishment of a local purchasing preference for goods and services as described and directed General Services and County Counsel to return on or before November 9, 2010 with recommended revisions to those sections of the County Code necessary for implementation, as recommended by the Directors of General Services and Public Works

26.   APPROVED contract in an amount not-to-exceed $30,000 with Volunteer Center of Santa Cruz for support and outreach services related to the Warrant Reduction Advocacy Project and approved related actions, as recommended by the Chief Probation Officer

27.   APPROVED purchase of a replacement service dog; and adopted RESOLUTION NO. 254-2010 accepting and appropriating unanticipated State Asset Forfeiture and Drug Abuse Resistance Education Funds in the amount of $12,000, as recommended by the Sheriff-Coroner

28.   ADOPTED RESOLUTION NO. 255-2010 supporting the California Air Resource Board's leadership in promoting clean energy efficient motor vehicles, energy independence, zero emission technologies, and improved quality of life in California, and approved related actions, as recommended by Supervisors Campos and Stone

29.   AUTHORIZED the Commission on Disabilities to meet ten times during fiscal year 2010-2011, as recommended by Chairperson Campos

30.   APPROVED Mental Health Services Act (MHSA) Innovative Services agreement with Community Action Board of Santa Cruz County, Inc. in the maximum amount of $114,500, and approved related actions, as recommended by the Director of Health Services

31.   APPROVED multi-year Roots and Wings program service agreements with Anastasia Torres-Gil, Community Bridges/Live Oak Family Resource Center, Community Bridges/La Manzana Community Resources, Youth Resource Bank, and approved related actions, as recommended by the Director of Human Services

32.   ACCEPTED AND FILED report on the County's Green Building ordinance and directed the Planning Department to incorporate the mandatory California Green Building Standards Code (CALGreen), with local amendments, into Chapter 13 of the County Code with building code updates that will be effective as of 2011, as recommended by the Planning Director

33.   SEE ITEM NO. 44.1 REGULAR AGENDA

34.   ACCEPTED AND FILED report on the withdrawal of the Coastal Commission application to designate a portion of the Poor Clares site in Aptos to high density housing and directed staff to return on December 14, 2010 with a proposed work program for re-filing an amendment to the County's Land Use Plan, as it relates to the existing designation applicable to the Poor Clares site, as well as for considering future land uses for the entirety of the site, as recommended by the Planning Director

35.   ACCEPTED the improvements and approved the final cost of $371,121.52 for the East Zayante Road Storm Damage Repair Project; and approved related action, as recommended by the Director of Public Works

36.   ACCEPTED the improvements and approved the final cost of $78,170.29 for the Kings Creek Road Culvert Replacement Project; and approved related action, as recommended by the Director of Public Works

37.   APPROVED independent contractor agreement with Peterson Tractor Company for heavy equipment parts, repairs, rental equipment and preventive maintenance services for a not-to-exceed annual amount of $160,000 through June 30, 2014 and approved related actions, as recommended by the Director of Public Works

38.   APPROVED independent contractor agreement with Monterey Regional Waste Management District in the not-to-exceed annual amount of $45,000 for composting of food waste; authorized a one-time payment of $7,066.12 to the Monterey Regional Waste Management District and approved related actions, as recommended by the Director of Public Works

39.   APPROVED the revised permit for the Surf City AIDS Bicycle Ride Event, and directed Public Works to issue the ride permit, as recommended by the Director of Public Works

39.1.   APPROVED road closures for the Sixteenth Annual Rudolph F. Monte Foundation Fireworks Show to be held on October 8, 2010, and directed Public Works to issue the road closure permit, as recommended by the Director of Public Works

40.   AUTHORIZED payment in the amount of $14,659.42 to SCS Field Services, Inc. for landfill gas monitoring and maintenance repair services completed in fiscal year 2009/2010, as recommended by the Director of Public Works

41.   APPROVED the continued operation of the youth after-school programs at Mar Vista Elementary School and the La Selva Beach Clubhouse and directed staff to return with a status report on program revenues and expenditures in January 2011, as recommended by the Director of Parks, Open Space and Cultural Services

41.1.   ADOPTED RESOLUTION NO. 256-2010 authorizing General Services to submit an energy efficiency loan application in the amount of $130,426.79 to the California Energy Commission; and authorized the Director of General Services to approved related actions, as recommended by the Director of General Services

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Davon Carmaco v. Owners of Redwood Heights Road and County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 165665

AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD,

CONFERENCE WITH LABOR NEGOTIATOR

In Home Supportive Services Authority Negotiator: Director of Human Services

Employee Organization: In Home Supportive Services Public Authority Employees

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

43.   Public hearing held to consider the 2011 Growth Goal;

(1) opened public hearing on the setting of the Year 2011 Growth Goal;

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

(3) continued the public hearing to December 7, 2010, with direction to staff to return with the recommendation of the Planning Commission and a resolution for final action by the Board of Supervisors
PLCoSca

44.   CONSIDERED recommendations concerning medical marijuana dispensaries, including the possible approval of an urgency ordinance imposing a temporary moratorium on the establishment of medical marijuana dispensaries and production houses in the unincorporated area of Santa Cruz County until November 10, 2010, unless extended or repealed;

(1) directed Planning, in conjunction with the Information Services Department, to provide a map of where dispensaries could be located given the recommended restrictions outlined in the letter of Supervisors Leopold and Coonerty dated September 22, 2010;

(2) directed County Counsel and Planning to draft an ordinance that includes regulation as described in the letter of Supervisors Leopold and Coonerty dated September 22, 2010;

(3) ADOPTED ORDINANCE NO. 5075, on an urgency basis, imposing a temporary moratorium on the establishment of medical marijuana dispensaries and production houses in the unincorporated area of Santa Cruz County until November 10, 2010; and

(4) directed staff to return to the Board with a recommended ordinance regulating medical marijuana dispensaries on or before November 9, 2010;

(5) with the additional direction that County Counsel consider issues raised by Supervisors Stone, Pirie, and Campos when drafting the recommended ordinance
CoLPSCa

44.1.   ACCEPTED AND FILED report on the CaliforniaFirst energy program and the Energy Upgrade California Program (EUCP); adopted RESOLUTION NO. 257-2010 in support of H.R. 5766 to allow Property Assessed Clean Energy (PACE) financing programs and directed the Planning Department, in conjunction with Ecology Action, to return on November 16, 2010 with an update on the EUCP, as recommended by the Planning Director and County Counsel
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