Santa Cruz County Board of Supervisors Minutes: 11/8/2011

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2011, NUMBER 26
Tuesday, November 8, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - sixteen people/person addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 25, 2011, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 20, 2011 through November 2, 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.   AUTHORIZED the Auditor to issue a replacement warrant in the amount of $1,900 to replace the specified stale dated, uncashed warrant, as recommended by the Auditor-Controller

11.   ACCEPTED AND FILED report on proposal to plant 25,000 trees by 2014 and directed staff to return with a status report on or before November 15, 2011, as recommended by the County Administrative Officer

12.   ADOPTED RESOLUTION NO. 330-2011 for zero property tax exchange for Local Agency Formation Commission #941 - Wallace Avenue/Anderson Reorganization to Santa Cruz County Sanitation District, as recommended by the County Administrative Officer

13.   REAPPOINTED Tess Fitzgerald as the County Representative to the Community Television of Santa Cruz County Board of Directors, as recommended by the County Administrative Officer

14.   SCHEDULED public hearing on Tuesday, December 6, 2011 at 9:00 a.m. or thereafter to consider changes to the County's Unified Fee Schedule, as recommended by the County Administrative Officer

15.   RATIFIED authorization for the District Attorney to sign a Certification of Assurance of Compliance, and submit an application to the State Emergency Management Agency in the amount of $98,953 for grant period of October 1, 2011 to September 30, 2012 for Underserved Victim Advocacy and Outreach Program, as recommended by the District Attorney

16.   ACCEPTED status report on the updated automatic aid agreement with Santa Clara County and directed staff to return on or before December 6, 2011 with the final agreement for approval, as recommended by the Director of General Services

17.   ADOPTED RESOLUTION NO, 331-2011 authorizing an agreement with CAL FIRE; approved reimbursement agreement and operational agreement in the amount of $3,344,269 for fire protection services in County Service Areas 4 and 48 during fiscal year 2011-2012, and approved related actions, as recommended by the Director of General Services

18.   APPROVED Santa Cruz County Fire-Pajaro Dunes County Service Area No. 4 appropriations transfer of $6,000 from Special District Expense to Fixed Assets to purchase a thermal camera, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 332-2011 transferring unreserved, undesignated funds in the amount of $100,000 from the Pajaro Dunes County Service Area No. 4 Fire Fund Balance to the Pajaro Dunes County Service Area No. 4 Fire Engine Reserve Purchase Account, and approved related actions, as recommended by the Director of General Services

20.   ADOPTED RESOLUTION NO. 333-2011 authorizing the General Services Director to submit the 2011-2012 California Emergency Management Agency Emergency Management Performance Grant application in the amount of $174,110 and designating agents authorized to execute actions necessary on behalf of the County, and approved related actions, as recommended by the Director of General Services

21.   APPROVED amended lease agreement with Monterey College of Law for a one year period, and approved related actions, as recommended by the Director of General Services

22.   APPROVED Master Independent Contractor Agreement with Monterey Bay Office Systems for copiers, and approved related actions, as recommended by the Director of General Services

23.   APPROVED plans and specifications for the 126 Front Street Reroof Project; directed staff to advertise for bids and set the bid opening on November 29, 2011 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

24.   AWARDED contract to Geo. H. Wilson, Inc., in the amount of $31,480 for the 1020 Emeline Server Room Air Conditioning Upgrade Project and approved related actions, as recommended by the Director of General Services

25.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending September 30, 2011, as recommended by the Treasurer-Tax Collector

26.   DIRECTED the Planning Director to send a letter to the City of Santa Cruz Director of Planning and Community Development indicating the Board's consent for the City to submit a consolidated permit to the California Coastal Commission, pursuant to Section 30601.3 of the California Coastal Act, for the Arana Gulch Master Plan, as recommended by Supervisor Coonerty

27.   AUTHORIZED contribution of $5,000 for the Code for America Project, as recommended by Supervisors Coonerty and Pirie

28.   ADOPTED RESOLUTION NO. 334-2011 urging Governor Brown to reexamine the registration of methyl iodide for agricultural use in California, and further encouraging the United States Department of Agriculture, the University of California, and other research arms to directed more funding and focus toward the development of non-fumigant alternatives to methyl iodide and other synthetic pesticides, and approved related action, as recommended by Supervisors Stone and Leopold

29.   ACCEPTED notification of two at-large vacancies on the Area Developmental Disabilities Board VII, with nominations for appointment to be received on December 6, 2011, and final appointments to be considered on December 13, 2011, as recommended by Chairperson Stone

30.   ACCEPTED notification of an at-large vacancy on the Housing Authority Board of Commissioners, for a tenant representative, with nominations for appointment to be received on December 6, 2011, and final appointment to be considered on December 13, 2011, as recommended by Chairperson Stone

31.   ACCEPTED notification of two vacancies on the Board of Law Library Trustees, with nominations for appointment to be received on December 6, 2011, and final appointments to be considered on December 13, 2011, as recommended by Chairperson Stone

32.   ACCEPTED notification of an at-large vacancy on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on December 6, 2011, and final appointment to be considered on December 13, 2011, as recommended by Chairperson Stone

33.   APPROVED deferral of the Annual Report on Hospital Services and Access to Care until December 6, 2011, as recommended by the Director of Health Services

34.   APPROVED revised master agreement for veterans mental health and substance abuse advocacy services, and approved related actions, as recommended by the Director of Health Services

35.   ACCEPTED AND FILED status report on the Aptos Village Plan railroad crossing improvements and directed staff to return with a status report on or before February 7, 2012, as recommended by the Director of Public Works

36.   APPROVED Request for Proposals for Agricultural and Mixed Rigid Plastics Processing Services; directed the Clerk of the Board to take related actions; including a report back on or before January 10, 2012, as recommended by the Director of Public Works

37.   APPROVED Request for Proposals for geotechnical services for the Green Valley Road Bridge Replacement Project; and directed the Clerk of the Board to take related actions, including a report back on February 28, 2012, as recommended by the Director of Public Works

38.   RATIFIED emergency contract with Reber Construction Company, Inc., for construction services on Nelson Road, authorized a lump sum payment in the amount of $29,896, and approved related actions, as recommended by the Director of Public Works

39.   APPROVED contract for use of the Civic Auditorium for the Thanksgiving Day community meal, and approved related actions, as recommended by the Director of Parks

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

City of Scotts Valley v. County of Santa Cruz, et al., San Mateo Superior Court Case No. CIV467230, Court of Appeal, First Appellate District, Division One, No. A126357

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Physicians Unit (UAPD)

AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD,

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Directors of Personnel and Human Services

Employee Organization: In-Home Supportive Services Public Authority Employees

REPORT OF COUNTY COUNSEL - In the matter of City of Scotts Valley v. County of Santa Cruz, Case No. A126357, this litigation involves the proper allocation of tax proceeds between the County of Santa Cruz and the City of Scotts Valley, the Board of Supervisors by unanimous vote, authorized the filing of a petition for review before the California Supreme Court

REGULAR AGENDA

41.   PRESENTATION made by Assembly member Luis Alejo

42.   PRESENTATION made honoring Ken Corbishley

43.   CONSIDERED the presentation from representatives of the Second Harvest Food Bank and establish November 7 through December 2, 2011 as the period for contributions to the Food Drive at County Facilities;

PRESENTATION made by the representatives of the Second Harvest Food Bank and established November 7 through December 2, 2011 as the period for contributions to the Food Drive at County facilities
LPCoCaS

44.   CONSIDERED presentation by artist Kirk McNeill, dba Freedom Forge, as the public artist for the Twin Lakes Beachfront Park Public Art Project; adopt resolution accepting and appropriating unanticipated revenue in the amount of $13,500 into the Art in Public Places Fund; approve independent artist agreement in an amount not-to-exceed $13,500, and related actions;

(1) ADOPTED RESOLUTION NO. 335-2011 accepting and appropriating unanticipated revenue in the amount of $13,500 into the Art in Public Places Fund;

(2) approved the selection of Kirk McNeill, DBA Freedom Forge, as the public artist for the Twin Lakes Beachfront Public Art Project;

(3) approved the independent artist agreement with Freedom Forge (Kirk McNeill) for public artwork at the Twin Lakes Beachfront Park in the not-to-exceed amount of $13,500; and

(4) authorized the Interim Parks Director to sign the agreement on behalf of the County
PCoLCaS

45.   CONSIDERED adoption of an Urgency Ordinance amending Section 4.24.030 of the Santa Cruz County Code by reducing the Transient Occupancy Tax;

(1) ADOPTED ORDINANCE NO. 5110 amending Subdivision 4.24,030 of the Santa Cruz County Code by reducing the Transient Occupancy Tax rate from ten to nine and one-half percent; and

(2) Made the required urgency findings that adoption of the ordinance is required to preserve the public peace, health and safety by ensuring that the appropriate amount of taxes is collected
LPCoCaS

46.   CONSIDERED a status report on the Center for Public Safety Project;

(1) accepted and filed status report on the Center for Public Safety Project; and

(2) directed Public Works-Real Property and the Parks Division to return on January 24, 2012, with an updated status report on the Center for Public Safety Project
CaLPCoS

47.   CONSIDERED status report on Redevelopment financing for Capital Improvement and Affordable Housing Projects and programs considered options for making remittance payments to the State to participate in the Voluntary Alternative program; approve transfer of funds for the Minto Place Affordable Housing Project and related actions;

(1) accepted and filed status report on Redevelopment and Financing Options for Capital Improvement and Housing Projects and Programs;

(2) Considered staff recommendations regarding options to address the Capital Fund shortfall necessary to make the Remittance Payment to the State to participate in the VARP in the future;

(3) directed staff to issue a stopwork notice to Smart Enclosure for the design and installation of a seasonal warm water pool cover at the Swim Center;

(4) approved the update on the expired Swan Lake Gardens Condominium Purchase Agreement, approved the revised project amount, and directed staff to continue to meet with Swan Lake homeowners and other stakeholders and to return with a report, including a discussion of feasible options for addressing the Measure J units, on or before June 12, 2012;

(5) approved Attachment 2 (AUD74), a request for transfer of funds for the Minto Place Apartments affordable housing project; and

(6) directed staff to return with an update on the legal status of redevelopment and additional recommendations as soon as the Court's determination and attending impacts are known, and return with a report on the status of the Housing Fund and any additional recommendations that are warranted on or before January 24, 2012;

(7) with additional directions to include in the status report of the Housing Funds, a detailed report on each of the projects funded that are considered priority projects; and for the Sheriff Center provide a breakdown by building of what the cost are; report back on November 15, 2011 on Atkinson Lane; and report back with an update in February 2012 regarding Swan Lake Garden Condominium
LCoPCaS

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONSIDERED accepting unanticipated revenue into the Low and Moderate Income Housing Fund;

ADOPTED RESOLUTION NO. 336-2011 accepting unanticipated revenue into the RDA Housing Fund
LPCoCaS

49.   CONTINUED TO NOVEMBER 15, 2011 consideration of report on possible General Plan/Local Coastal Program Amendments pertaining to coastal priority land use policy language
PCoLCaS

50.   CONSIDERED actuarial study for reduction to Other Post Employment Benefits for the Sheriff's Correctional Officer Representation Unit;

(1) accepted and filed the OPEB actuarial study; and

(2) directed the Personnel Director to return on or before December 13, 2011 with the MOU
LPCoCaS

51.   CONSIDERED report on the County's pavement condition, and direct Public Works to return on November 15, 2011, with a report outlining the County's options to enable the County to become a Self-Help Agency for road maintenance purposes;

Accepted and filed report on the County's pavement condition, and directed Public Works to return on November 15, 2011, with a report outlining options to enable the County to become a Self-Help Agency for road maintenance purposes
PCoLCaS

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