Santa Cruz County Board of Supervisors Minutes: 10/25/2011

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2011, NUMBER 25
Tuesday, October 25, 2011

ACTION SUMMARY MINUTES

VOTING KEY: P = Pirie, Co = Coonerty, Ca = Caput, 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. 62.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - thirteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 4, 2011 as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 29, 2011 through October 19, 2011 and approved upon adoption of the 2011-2012 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. 5108 amending Chapter 2.04 of the Santa Cruz County Code, establishing the 2011 Supervisorial District Boundaries

11.   REJECTED the claim of Katie Saldana, Claim No. 011-088AP, and referred to County Counsel

12.   REJECTED the claim of Capitola Associates, LLC, Claim No. 011-088AQ, and referred to County Counsel

13.   REJECTED the claim of Lexington Insurance Company, as subrogee of the City of Capitola, Claim No. 011-088AR, and referred to County Counsel

14.   REJECTED the claim of Dorothy B. Houston, Claim No. 011-088AS, and referred to County Counsel

15.   REJECTED the claim of Stuart Hacker and Pamela Bone, Claim No. 011-088AU, and referred to County Counsel

16.   REJECTED the claim of Anselmo Rivas, Claim No. 112-026, and referred to County Counsel

17.   REJECTED the claims of California Capital Insurance Company c/o Culbreth Schroeder, LLP, Claim Numbers 011-088AK and 011-088AK2, and referred to County Counsel

18.   REJECTED the claim of David Ross, Individually, and as President of Carousel Taffy Morro Bay, Inc., Claim No. 011-088AL, and referred to County Counsel

19.   REJECTED the claim of Judith Ferro, Individually, and as Secretary and authorized representative of the Village Mouse Corporation, a California Corporation, and the Village Mouse Corporation DBA The Thomas Kinkade Gallery Capitola, Claim No. 011-088AM, and referred to County Counsel

20.   REJECTED the claim of Central Fire Protection District of Santa Cruz County and American Alternative Insurance Corporation, Claim No. 011-088AO, and referred to County Counsel

21.   ACCEPTED AND FILED report on proposal to plant 25,000 trees by 2014 and directed staff to return on or before November 8, 2011 with a status report, as recommended by the County Administrative Officer

22.   ADOPTED RESOLUTION NO. 304-2011 authorizing the County to enter into an agreement with the Secretary of State's Office to receive the remaining HAVA Section 301 Voting System funds in the amount of $307,986.43; authorized the County Clerk to sign the agreement, and appoint the County Clerk to serve as the County's representative in all matters associated with executing the agreement, as recommended by the County Clerk

23.   RATIFIED the County Clerk/Elections Department's grant application for Federal Voting Assistance Program grant funds in the amount of $25,000 for improving the County's military, overseas, and federal voting program; accepted and appropriated revenues; and authorized the County Clerk to sign the grant agreement and take related actions, as recommended by the County Clerk

24.   APPROVED the lease agreement with Eschaton Foundation for employee parking through June 30, 2012 and approved related actions, as recommended by the Director of General Services

25.   AUTHORIZED payment in the amount of $27,900 to Geo. H. Wilson, Inc. for the emergency repair of the grease trap at the Santa Cruz County Main Jail, as recommended by the Director of General Services

26.   APPROVED the Pricing Schedule with AT&T and related agreements and authorized the Director of Information Services to sign the agreements and other administrative documents, as recommended by the Director of Information Services

27.   APPROVED the transfer of fixed asset funds in the amount of $9,000 for the purchase of duplicating equipment and approved the transfer of $2,000 from Duplicating Services and Supplies to Other Charges for fiscal year 2011-2012, as recommended by the Director of Information Services

28.   ADOPTED RESOLUTION NUMBERS 305-2011 through RESOLUTION NUMBERS 316-2011 regarding the 2012 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

29.   ADOPTED RESOLUTION NO. 317-2011 accepting and appropriating unanticipated revenue in the amount of $297,644 from Federal Juvenile Accountability Block Grant funding for Evidence Based Practices, approved the addition of a Deputy Probation Officer III position and approved related actions, as recommended by the Chief Probation Officer

30.   ADOPTED RESOLUTION NO. 318-2011 accepting and appropriating unanticipated revenue in the amount of $217,373 from the Corrections Standards Authority - Federal Title II Block Grant Funds for the Probation and Court Based Detention Alternatives Project; approved contracts for grant program services with Barrios Unidos in the amount of $20,000; Santa Cruz Community Counseling Center in the amount of $30,000; Community Action Board in the amount of $30,000; the Conflict Resolution Center in the amount of $20,000; and the National Council on Crime and Delinquency in the amount of $19,761, and approved related actions, as recommended by the Chief Probation Officer

31.   ADOPTED RESOLUTION NO. 319-2011 accepting and appropriating unanticipated revenue in the amount of $2,500 to complete the purchase of two all terrain vehicles for the Sheriff's Office, as recommended by the Sheriff-Coroner

32.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending September 30, 2011, as recommended by the Treasurer-Tax Collector

33.   ADOPTED RESOLUTION NO. 320-2011 supporting the passage of Senior Assembly Proposal 15 (AP 15) and further urging the State Legislature to enact legislation addressing the concerns raised by AP 15, as recommended by Supervisor Leopold

34.   ADOPTED RESOLUTION NO. 321-2011 supporting the termination of the Southern Sea Otter Translocation Program, as recommended by Supervisor Stone

35.   ACCEPTED notification of an at-large vacancy on the Child Care Planning Council, for a representative of Category 5 (discretionary appointee), with nominations for appointment to be received on November 8, 2011, and final appointment to be considered on November 15, 2011, as recommended by Chairperson Stone

36.   APPROVED appointment of Nicona Keesaw to the Commission on Disabilities for a term to expire April 1, 2013, as recommended by Supervisor Stone

37.   APPROVED 2012 schedule for meetings of the Board of Supervisors and adopted RESOLUTION NO. 322-2011 establishing June 18, 2012 through June 28, 2012 as the period of time during which budget hearings will be held, as recommended by Chairperson Stone

38.   APPROVED amendment to agreement with Green Valley Corp., in the amount of $118,736 for completion of the 1080 Emeline Clinic Remodel project, as recommended by the Directors of Health Services and General Services

39.   APPROVED agreements for mental health treatment services with Victor Treatment Centers effective July 27, 2011 with a maximum amount of $65,600; Rebekah Children's Services with the maximum amount of $200,000; and authorized the Director of Health Services to sign, as recommended by the Director of Health Services

40.   APPROVED the recommended regulatory changes to the General Assistance program effective November 1, 2011, as recommended by the Director of Human Services

41.   APPROVED agreement with Cabrillo College in the amount of $40,000 to continue Retain Your Employees business services through June 30, 2012 and approved related actions, as recommended by the Director of Human Services

42.   APPROVED amendment to agreement with Shoreline Workforce Development Services increasing the amount by $20,000 to provide job search workshops effective October 1, 2011; approved agreement with the Community Action Board of Santa Cruz County, Inc. in the amount of $50,250 to provide training services effective October 1, 2011; and authorized the Director of Human Services to act on behalf of the County in all matters pertaining to the Agreements and to make modifications as needed to the Scope of Work that do not change the dollar amount or overall purpose of the Agreement and approved related actions, as recommended by the Director of Human Services

43.   ADOPTED RESOLUTION NO. 323-2011 authorizing the Planning Department to submit a Transportation Investment Generating Economic Recovery Grant Application for the Aptos Village Community Plan, as recommended by the Directors of the Planning Department and the Department of Public Works

44.   APPROVED the submittal of an application to the United States Department of Housing and Urban Development for funding in the total amount of $1,730,777 through the McKinney Vento Homeless Assistance Program for continuing and new programs, as recommended by the Planning Director

45.   AUTHORIZED the Planning Director to execute various agreements to provide winter shelter services for 2011-2012, including a license agreement with the State Military Department in the not-to-exceed amount of $62,475 for use of the Santa Cruz National Guard Armory; the Homeless Services Center in the not-to-exceed amount of $161,527; and the Salvation Army in the not-to-exceed amount of $57,869, as recommended by the Planning Director

46.   ACCEPTED AND FILED status report on Assembly Bill 1265, relating to the Williamson Act, and directed staff to return on or before December 13, 2011 with a further report, as recommended by the Planning Director

47.   ACCEPTED AND FILED report on the status of the proposed Zero Waste Ecopark project; and directed Public Works to return on or before December 13, 2011, with a presentation on plans for the Ecopark; with the additional direction that Sheriff return on December 13, 2011 with a report on the possible County Sheriff's facility expansion, its use, and how the workforce development activities might work

48.   APPROVED amendment to agreement with Pacific Crest Engineering, Inc., by increasing the Scope of Work to provide periodic geotechnical consultation during construction of the Graham Hill Road Improvement Project and increasing compensation by $3,750 for a total not-to-exceed amount of $29,320 and approved related action, as recommended by the Director of Public Works

49.   APPROVED cost share agreement in the not-to-exceed amount of $36,000.50 between Santa Cruz County and Roaring Camp Railroads for railroad crossing improvements on Graham Hill Road and approved related actions, as recommended by the Director of Public Works

50.   APPROVED independent contractor agreement with Jodie McGraw Consulting for biological consulting services for the Graham Hill Road Improvement Project in the not-to-exceed amount of $34,381.96 for a term through project completion, and approved related action, as recommended by the Director of Public Works

51.   APPROVED independent contractor agreement with Mercury Disposal Systems, Inc. for recycling fluorescent lamps in the not-to-exceed amount of $50,000 per year for the term of November 1, 2011 through June 30, 2014, and approved related action, as recommended by the Director of Public Works

52.   APPROVED independent contractor agreement with Nolte Associates, Inc., in the not-to-exceed amount of $403,502 for a term through June 30, 2015, for engineering design and environmental services for the Old County Road Bridge Replacement Project; and approved related actions, as recommended by the Director of Public Works

53.   AUTHORIZED the Clerk of the Board to make a partial release of the Faithful Performance Security submitted for Tract 1502, Silver Oaks of Aptos-Phase I, as recommended by the Director of Public Works

54.   DEFERRED approval of the proposed independent contractor agreement for biological, wetland delineation, and hazardous waste assessment for road and bridge projects until on or before December 6, 2011, as recommended by the Director of Public Works

55.   DIRECTED Public Works to submit a project application to the Santa Cruz County Regional Transportation Commission to request State Transportation Improvement Program funds for various County roads totaling $4.985 million, as recommended by the Director of Public Works

56.   RATIFIED the Right of Entry Agreement for the Eureka Canyon Road Culvert Retrofit; adopted RESOLUTION NO. 324-2011 approving and accepting the terms and conditions of the agreement; and approved payment of claim in the amount of $4,000, as recommended by the Director of Public Works

57.   APPROVED agreement amendment number one to the Water System Work Reimbursement Agreement dated May 24, 2011, between the County and the City of Santa Cruz Water Department (City), increasing the project budget by $26,699.68 to reimburse the County for additional costs related to the water system on the East Cliff Drive Parkway Project-32nd Avenue to 41st Avenue; adopted RESOLUTION NO. 325-2011 accepting and appropriating unanticipated revenue in the amount of $26,699.68 from the City; adopted RESOLUTION NO. 326-2011 authorizing repayment of water service funds to reimburse the Redevelopment Agency in the amount of $24,608 for a revised cumulative total of $63,083, and approved related actions, as recommended by the Director of Public Works

58.   SCHEDULED a public hearing on Tuesday, November 15, 2011 at 9:00 a.m. or thereafter to consider adoption of a resolution approving the Sanitary Sewer Management Plan for Sanitation County Service Areas, and approved related actions, as recommended by the Director of Public Works

59.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, November 15, 2011 at 9:00 a.m. or thereafter to consider adoption of a resolution approving the Sanitary Sewer Management Plan for Davenport County Sanitation District, and approved related actions, as recommended by the District Engineer

60.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, November 15, 2011 at 9:00 a.m. or thereafter, to consider adoption of a resolution approving the Sanitary Sewer Management Plan for Freedom County Sanitation District, approved notice of public hearing and approved related actions, as recommended by the District Engineer

61.   APPROVED agreement between the County, the Loma Prieta Joint Union Elementary School District, and the Loma Prieta Community Foundation in the amount of $80,000 for the replacement of the gym floor at Loma Prieta School, and approved related actions, as recommended by the Interim Director of Parks, Open Space and Cultural Services

62.   ACCEPTED the improvements and approved the final cost of $49,024 for the Pinto Lake County Park Accessible Pathway Improvements Project, and approved related action, as recommended by the Interim Director of Parks, Open Space and Cultural Services

62.1.   SEE ITEM NO. 69.1 REGULAR AGENDA

63.   AS THE BOARD OF SUPERVISORS, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Capitola Flooding Claims; Claims of E. Maghakian (#011-088 and 011-088AN); B. Allen (011-088A and 011-088AA); P. Cox (011-088B); M. Bierach (011-088C and 011-088AB); K. Sutton (011-088D); M. Vasko (011-088E); D. Drivon (011-088F); L. Machado (011-088G); C. Lerno (011-088H); V. Blomenkamp (011-088I and 011-088AC); D. Rennels (011-088J and 011-088Z); J. Roddy (011-088K); A. Schroedel (011-088L, 011-088Q and 011-088X); A. Fontaine (011-088M and 011-088Y); V. Ballantyne (011-088N); Foremost Insurance Co. (011-088O); T. Viola (011-088P and 011-088P2); R. Howard (011-088R); M. Cameron (011-088S); J. Cameron (011-088T); N. DeMera (011-088U); B. Warhurst (011-088V); D. Finkel (011-088W); Farmers Ins. Exch., subrogee for Hot Feet (011-088AD and 011-088AF); Farmers Ins. Exch., subrogee for Rainbow City Limits (011-088E); Farmers Insurance Exchange, subrogee for SurfNShack (011-088AG); Mid Century Insurance, subrogee for Blue Water Steakhouse (011-088AH); Mid Century Insurance, subrogee for Panache Bath & Body (011-088AI); Truck Insurance Exchange, subrogee for Kane Silverberg (011-088AJ); CA Capitol Ins. Co., subrogee for C. Schroeder (011-088AK, 011-088AV, and 011-088AV2); D. Ross (011088AL); J. Ferro (011-088AM); Amer. Alt. Ins. Corp., subrogee of Central Fire (011-088AO); K. Saldana (011-088AP); Capitola Associates LLC (011-088AQ and 011-088AT); Lexington Insurance Co., subrogee of City of Capitola (011-088AR); D. Houston (011-088AS); and S. Hacker (011-088AU and 011-088AW)

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organization: Sheriff's Correctional Officer Unit

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9.

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

64.   Presentation of the California State Association of Counties (CSAC) Challenge Award

65.   PRESENTATION by the Central Coast Foreclosure Collaborative

66.   Public hearing held to consider revisions to the Unified Fee Schedule for the Custody Alternative Program implemented by the Santa Cruz Sheriff's Office;

closed public hearing;

ADOPTED RESOLUTION NO. 327-2011 Revising the Unified Fee Schedule for the Custody Alternative Program implemented by the Santa Cruz Sheriff's Office
PCoLCaS

67.   Public hearing held to consider the recommendation of the Planning Commission to approve Application No. 111095, a proposal to amend the General Plan for Assessor's Parcel Number (APN) 030-153-10, located on the east side of Porter Street approximately 400 feet south of Soquel Drive, from O-U,C-C (Urban Open Space-Community Commercial) to O-U,O-R (Urban Open Space-Parks, Recreation, and Open Space) and to rezone from C-2-GH (Community Commercial-Geologic Hazards) to PR-GH (Parks, Recreation and Open Space-Geologic Hazards); amend APN's 030-142-18, 030-142-32, and 030-142-33, located on the east side of Daubenbiss Avenue, from C-C (Community Commercial) to P (Public/Institutional Facilities) and to rezone from C-2-GH (Community Commercial-Geologic Hazards) to PF-GH (Public Facility-Geologic Hazards); amend APN's 030-071-08 and 030-081-17, located on the north side of Soquel Drive opposite Daubenbiss Avenue, from C-C, O-U (Community Commercial, Urban Open Space) to P, O-U (Public/Institutional Facilities, Urban Open Space) and to rezone from C-2-GH (Community Commercial-Geologic Hazards) to PF-GH (Public Facilities-Geologic Hazards) Zone District;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 328-2011 (Attachment 1) making findings and adopting the Negative Declaration (Attachment 2) in compliance with the California Environmental Quality Act and amending the General Plan Land Use Plan designations as follows:

Lighthouse Parking Lot (APN 030-142-18, 030-142-32, and 030-142-33) from C-C (Community Commercial) to P (Public/Institutional Facilities);

Daubenbiss Parking Lot (APN 030-071-08 and 030-081-17) from C-C, O-U (Community Commercial, Urban Open Space) to P, O-U (Public/Institutional Facilities, Urban Open Space);

Porter Street Site (APN-030-153-10), from O-U, C-C (Urban Open Space-Community Commercial) to O-U, O-R (Urban Open Space-Parks, Recreation, and Open Space);

(2) ADOPTED ORDINANCE NO. 5109 (Attachment 3) rezoning the properties as follows:

Lighthouse Parking Lot (APN 030-142-18, 030-142-32, and 030-142-33) from C-2-GH (Community Commercial-Geologic Hazards) to PF-GH (Public Facility-Geologic Hazards);

Daubenbiss Parking Lot (APN 030-071-08 and 030-081-17) from C-2-GH (Community Commercial-Geologic Hazards) to PF-GH (Public Facilities-Geologic Hazards) Zone District; and

Porter Street Site (APN 030-153-10), from C-2-GH (Community Commercial-Geologic Hazards) to PR-GH (Parks, Recreation and Open Space-Geologic Hazards)
CaLPCoS

68.   CONSIDERED Memorandum of Understanding (MOU) for the Law Enforcement Unit, Sheriff's Supervisory Unit and the Law Enforcement Middle Management Unit;

(1) APPROVED Memorandum of Understanding (MOU) for the Law Enforcement Unit, Sheriff's Supervisory Unit and the Law Enforcement Middle Management Unit;

(2) ADOPTED RESOLUTION NO. 329-2011, Amending Salary Resolution Nol 279-75 implementing the salary and benefit provisions of the contract;

(3) AUTHORIZED the Personnel Director to sign the memoranda of Understanding; and

(4) AUTHORIZED the Personnel Director, the Auditor-Controller and the County Administrative Officer to take all necessary administrative steps to effectuate administrative and benefit changes to implement the provisions of the Law Enforcement Unit MOU, Sheriff's Supervisory MOU, and Law Enforcement Middle Management MOU
PCoLCaS

69.   CONSIDERED Memorandum of Understanding (MOU) for the Middle Management Association and related actions for various bargaining units;

(1) approved the Memorandum of Understanding (MOU) for the Middle Management Association;

(2) authorized the Personnel Director to sign the Middle Management Association MOU; and

(3) authorized the Personnel Director, the Auditor-Controller and the County Administrative Officer to take all necessary administrative steps to effectuate administrative and benefit changes to implement the provisions of the Middle Management Association MOU and similar provisions for the Unrepresented Group (including Elected Officials, County Counsel Attorneys and Department Heads) and the District Attorney/Child Support Attorney Unit
CoCaLPS

69.1.   REQUESTED the Sheriff, in consultation with County Counsel, to provide a report to the Board on December 6, 2011, regarding any possible actions the Board could take at a local level to address the shortcomings of the current Secure Communities program, as recommended by Supervisor Caput
PLCoCaS

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