Santa Cruz County Board of Supervisors Minutes: 10/26/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 23
Tuesday, October 26, 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 Numbers 54.1 and 54.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - fourteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 28, 2010 and October 5, 2010, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 30, 2010 through October 20, 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 claim of Jennifer Buchanan, Claim No. 011-018B, and referred to County Counsel

11.   REJECTED claims of Jay and Gail Schwartz, Claim Numbers 011-26 and 011-26a and referred to County Counsel

12.   REJECTED claim of Silvia Quintero, Claim No. 011-027, and referred to County Counsel

13.   REJECTED claim of Brenda Magnuson, Claim No. 011-029, and referred to County Counsel

14.   REJECTED claim of Cheryl Wenner, Claim No. 011-030, and referred to County Counsel

15.   APPROVED amendment to contract with R & B Helicopters, Inc. in an amount not-to-exceed $30,000 per year for aerial mosquito larviciding for the period July 1, 2010 through June 30, 2013, as recommended by the Agricultural Commissioner

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

17.   DIRECTED the Auditor-Controller to transfer the warrants listed on Exhibit A in the amount of $9,903.49 to the General Fund, as recommended by the Auditor-Controller

18.   ACCEPTED AND FILED report on a change of procedures for distributing administrative fees for delinquent accounts and accounts receivable for the payment of Court-imposed penalties and adopted RESOLUTION NO. 265-2010 authorizing the Auditor-Controller to cancel the revenues and the contribution of funds to Superior Court, as recommended by the County Administrative Officer

19.   ACCEPTED AND FILED report on the financial adjustments included in the 2010-11 Adopted County Budget, as recommended by the County Administrative Officer

20.   APPROVED amendments to Association of Monterey Bay Governments' bylaws, as requested by the Association of Monterey Bay Governments and as presented by the County Administrative Officer

21.   SCHEDULED public hearing on Tuesday, November 16, 2010 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

22.   AUTHORIZED Fleet Services to purchase a replacement vehicle for County Fire; adopted RESOLUTION NO. 266-2010 accepting and appropriating unanticipated revenue and approved related action, as recommended by the Director of General Services

23.   SEE ITEM NO. 56.1 REGULAR AGENDA

24.   RATIFIED proposed ordinances from the autonomous fire districts, as recommended by the Director of General Services

25.   APPROVED Memorandum of Understanding accepting Urban Area Security Initiative grant funding; adopted RESOLUTION NO. 267-2010 accepting and appropriating unanticipated revenue in the amount of $140,000 from the UASI grant; and approved related actions, as recommended by the Director of Information Services

26.   ADOPTED RESOLUTION NUMBERS 268-2010 through 278-2010 regarding the 2011 Medical Plan Contributions for various employee groups as required by the Public Employees Medical and Hospital Care Act, as recommended by the Director of Personnel

27.   CONTINUED TO NOVEMBER 9, 2010 the Sheriff's report on the Inmate Welfare Program

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

29.   DIRECTED the County Administrative Officer to provide a report to the Board on January 11, 2011, detailing grant resources assumed in the current fiscal year, and the outcome of grant applications submitted by the County, as outlined, and further directed the County Administrative Officer to institute a training program to help County departments identify grant opportunities and submit successful proposals, as recommended by Supervisor Leopold

30.   DIRECTED the County Administrative Officer to work with County Counsel and the County's Real Property Division to review the proposed offer of dedication concerning Assessor's Parcel Number 028-212-13 (Johann's Beach/Sunny Cove Beach), and further directed the County Administrative Officer and County Counsel to return to the Board on December 7, 2010, with any necessary actions for Board consideration on whether to bring this parcel into public ownership, as recommended by Supervisor Leopold

31.   ADOPTED RESOLUTION NO. 279-2010 amending Resolution 92-2010 modifying the membership provisions and term of office of the Santa Cruz County Artificial Turf Committee, and approved related action, as recommended by Supervisor Leopold

32.   ACCEPTED AND FILED report on Federal Substance Abuse and Mental Health Services Administration grants; authorized the Health Services Agency to negotiate new agreements for grant-funded services effective October 26, 2010 with the California Institute for Mental Health, Human Services Research Institute, Intentional Peer Support Trainers, Beth Stoneking, and a local peer counseling expert; directed staff to return on December 7, 2010 with contracts, grant financing, personnel changes and related actions, as recommended by the Director of Health Services

33.   ACCEPTED AND FILED report on Mental Health and Substance Abuse Health Indicators, as recommended by the Director of Health Services

34.   ADOPTED RESOLUTION NO. 280-2010 accepting and appropriating $80,000 of unanticipated federal and state revenue into the Health Services Agency budget; approved two agreements with Family Service Agency of the Central Coast in the maximum amount of $117,537 for suicide prevention and senior counseling services in the maximum amount of $661,569 for Early Periodic Screening Diagnostic and Treatment mental health services and approved related actions, as recommended by the Director of Health Services

35.   APPROVED agreements with Community Action Board in an amount not-to-exceed $15,525 for emergency shelter through motel vouchers for people with HIV/AIDS, and with Pajaro Valley Prevention and Student Assistance in an amount not-to-exceed $52,950 for Community Challenge Grant services to teens, and approved related action, as recommended by the Director of Health Services

36.   AUTHORIZED the Chairperson of the Board to sign the 2010-11 Public Health Emergency Preparedness Non-Supplantation Certification Form, as recommended by the Director of Health Services

37.   APPROVED the Santa Cruz County Child Welfare Services Self Assessment 2010, and directed staff to submit the document to the California Department of Social Services, as recommended by the Director of Human Services

38.   SCHEDULED public hearing on Tuesday, November 16, 2010 at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission to approve an amendment adding Section 13.10.235, entitled 'Minor Exceptions' to Chapter 13.10 of the Santa Cruz County Code, establishing a discretionary review process to allow consideration of minor exceptions from certain zoning site standards, as recommended by the Planning Director

39.   SCHEDULED public hearing on Tuesday, November 16, 2010 at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission to accept amendments to Santa Cruz County Code Chapter 13.10.681 removing the owner-occupancy requirement associated with accessory dwelling units on property owned by public agencies that are providing housing to special populations, as recommended by the Planning Director

40.   ADOPTED RESOLUTION NO. 281-2010 approving and accepting the terms and conditions of Contract Supplement for Railroad Coordination Agreement for the Graham Hill Road Improvement Project and approved related action, as recommended by the Director of Public Works

41.   ADOPTED RESOLUTION NO. 282-2010 for a right-of-way acquisition for the Soquel Avenue Improvements - Soquel Drive to 17th Avenue; approved payment of the claim, made findings and approved related actions, as recommended by the Director of Public Works

42.   ADOPTED RESOLUTION NO. 283-2010 for right-of-way acquisitions for the East Cliff Drive Parkway Project; approved payment of the claim, made findings and approved related actions, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 284-2010 for right-of-way acquisitions for the Calabasas Road Improvement Project; approved payment of the claim, made findings and approved related actions, as recommended by the Director of Public Works

44.   APPROVED amendment to agreement with HDR Engineering, Inc., increasing the amount by $50,000 for a not-to-exceed total of $385,652, amending the scope of work, and extending the term of agreement for long range resource recovery and waste management planning services and approved related actions, as recommended by the Director of Public Works

45.   APPROVED amendment to agreement with PaleoResource Consultants F&F GeoResource Associates, Inc., increasing the amount by $19,848.88 for a not-to-exceed total of $117,851.26, for additional construction monitoring and preparation, identification, analysis, and curation of a third significant whale fossil discovery at the East Cliff Bluff Protection project site, and approved related actions, as recommended by the Director of Public Works

46.   APPROVED the transfer of funds appropriating $358,997 within the Pajaro Storm Drain Maintenance District, as recommended by the Director of Public Works

47.   AUTHORIZED the Director of Public Works to sign Amendment No. 1 to Grant Agreement No. 08-020 with the Coastal Conservancy on behalf of the County relative to culvert replacements and approved related actions, as recommended by the Director of Public Works

48.   APPROVED amendment to agreement with Discovery Tours increasing the amount by $1,100 for a not-to-exceed total of $31,076 and approved related actions, as recommended by the Director of Parks, Open Space and Cultural Services

49.   ADOPTED RESOLUTION NO. 285-2010 accepting and appropriating unanticipated revenue in the amount of $15,000 from the Margaret Neilsen Swim Center Fund; approved fixed asset expenditures in an amount not-to-exceed $15,000 for the purchase of a water wheelchair, sling lift and a changing table, as recommended by the Director of Parks, Open Space and Cultural Services

50.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED amendment to agreement with Fall Creek Engineering, Inc., increasing the amount by $1,760 for a not-to-exceed total of $76,350, extending the term of contract and adding a formal review of the Operations and Maintenance plan for the Davenport Water Treatment System Improvements project, and approved related actions, as recommended by the District Engineer

51.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED amendment to agreement with HDR Engineering, Inc., increasing the amount by $20,773.43 for a not-to-exceed amount of $198,151.43, extending the term of contract and including additional construction management and inspection services for the Davenport Water Treatment System Improvements, and approved related actions, as recommended by the District Engineer

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $7,150 for the cost of real property acquisition agreements necessary for the East Cliff Drive Parkway Project and approved related actions, as recommended by the Redevelopment Agency Administrator

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $1,000 for the cost of a real property acquisition agreement necessary for the Soquel Avenue Improvement Project and approved related actions, as recommended by the Redevelopment Agency Administrator

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED additional financing in the amount of $21,139.06 for paleontological mitigation and monitoring services by PaleoResource Consultants for the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator

54.1.   APPROVED transfer of contract administration for the Winter Shelter Program from the Human Services Department to the Planning Department, authorized the Planning Director to execute various agreements for 2010-2011 to provide winter shelter services including a license agreement with the State Military Department for use of the Santa Cruz Armory in an amount not-to-exceed $56,700, the Homeless Services Center in an amount not-to-exceed $148,774, the Salvation Army in an amount not-to-exceed $50,749, and adopted RESOLUTION NO. 286-2010 accepting and appropriating revenue in the amount of $117,458 from the cities, as recommended by the Directors of Human Services and Planning

54.2.   ACCEPTED AND FILED status report on Planning Department regulatory reform efforts, and approved related action, as recommended by the Planning Director

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

2202-2280 Soquel Avenue, Santa Cruz, CA

Assessor's Parcel Number: 026-011-06

Under negotiation: price and terms of payment

Negotiating parties: Travis Cary, Chief Real Property Agent and Richard L. Erlin and Shirley S. Erlin, Beneficiaries, and/or Moises Estrada, Bertha Estrada and Jose V. Palma, and Anabel Palma, Trustors

Highway 1 and Paul Sweet Road (not situs address), Santa Cruz, CA

Assessor's Parcel Number: 025-054-06

Under Negotiation: Price and terms of payment

Negotiating Parties: Susan Mauriello, County Administrative Officer and Les White, Santa Cruz Metropolitan Transit District

2425 Soquel Drive, Santa Cruz, CA

Assessor's Parcel Number: 025-351-04

Under Negotiation: price and terms of payment

Negotiating Parties: Travis Cary, Real Property Agent and James and Marianne Franks

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

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

56.   Public hearing held to consider adoption of the International Fire Code 2009 Edition and the California Fire Code 2010 edition, with amendments; final adoption of ordinance amending and updating Chapter 7.92 of the Santa Cruz County Code and related actions;

(1) opened public hearing, to hear objections or protests, to the proposed ordinance amending the County Fire Code (Chapter 7.92 of the Santa Cruz County Code);

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 287-2010 Finding Modification of State Housing Law Reasonably Necessary Because of Local Conditions;

(4) ADOPTED ORDINANCE NO. 5076 Amending Chapter 7.92 of the Santa Cruz County Code Relating to the Fire Code; and

(5) certified the CEQA (California Environmental Quality Action) Notice of Exemption as approved by the County Planning Department
PLCoSCa

56.1.   DIRECTED General Services to abandon the Fall Creek Station Apparatus Building Installation Project; directed the County Fire Chief to have the Fall Creek CALFIRE engine company respond on a County Fire engine from McDermott Station during the winter period (November through May); adopted RESOLUTION NO. 288-2010 canceling estimated revenues and appropriations; and approved related actions, as recommended by the Director of General Services
CoLPSCa

57.   CONSIDERED report to the community from the Safety Net Clinic Coalition of Santa Cruz County;

ACCEPTED AND FILED report to the community from the Safety Net Clinic Coalition of Santa Cruz County
LPCoSCa

58.   APPROVED reappointment of Roberta K. Smith to the Board of Directors of the Resource Conservation District of Santa Cruz County, for a term to expire November 28, 2014
CoLPSCa

59.   APPROVED reappointment of David W. Moeller and Jim Mc Kenna to the Board of Directors of the Resource Conservation District of Santa Cruz County, for terms to expire November 28, 2014
PLCoSCa

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