Santa Cruz County Board of Supervisors Minutes: 12/13/2011

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2011, NUMBER 29
Tuesday, December 13, 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 Numbers 52.1 and 52.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - twenty-two people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of December 1, 2011 through December 7, 2012 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.   REJECTED the claim of Kevin Calvert, M.D., Claim No. 011-088AY, and referred to County Counsel

11.   REJECTED the claim of Ryan M. Whittick, Claim No. 112-034, and referred to County Counsel

12.   REJECTED the claim of Miguel Lopez, Claim No. 112-035, and referred to County Counsel

13.   REJECTED the claim of Monterey Bay Confederation of Clubs, Claim No. 112-038, and referred to County Counsel

14.   REJECTED the claim of Charles May, Claim No. 112-039, and referred to County Counsel

15.   REJECTED the claim of James Sean Walsh, Claim No. 112-040, and referred to County Counsel

16.   REJECTED the claim of Charles Roberts, Claim No. 112-041, and referred to County Counsel

17.   APPROVED contract with Commerce Bank, at no cost to the County, to provide electronic accounts payable services so that vendors doing business with the County can be paid electronically, and approved related action, as recommended by the Auditor-Controller

18.   APPROVED revisions to the County Procedures Manual, as recommended by the County Administrative Officer

19.   ACCEPTED status report on the development of a new agreement with Santa Clara County which would provide compensation to Santa Cruz County Fire for responses into those remaining areas that are not included in any fire protection district; and directed staff to return on or before March 20, 2012 with further updates, as recommended by the Director of General Services

20.   CONTINUED TO JANUARY 10, 2012 consideration to award contract to Boone Low Ratliff Architects, Inc., in the amount of $49,900 for architectural services for the Santa Cruz County Main Jail Reroof Project

21.   AUTHORIZED payment in the amount of $23,518 to Geo. H. Wilson, Inc., for the emergency repair of the sewage ejector pump and check valve at the Santa Cruz County Medium Security Facility, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 359-2011 requesting extension of liability insurance coverage, as recommended by the Director of Personnel and the Risk Manager

23.   ADOPTED RESOLUTION NO. 360-2011, amending Resolution No. 247-76 revising Personnel Regulation 163 relating to canine care pay and approved related actions, as recommended by the Director of Personnel

24.   APPROVED Furlough Implementation Plan for Service Employees International Union Local 521, for the period beginning July 9, 2011 and ending September 10, 2013, as recommended by the Director of Personnel

25.   APPROVED Memorandum of Understanding for Deputy Probation Officers Representation Unit and approved related actions, as recommended by the Director of Personnel

26.   ACCEPTED AND FILED report regarding Assembly Bill 109 implementation and directed Probation and the Sheriff's Office to report back in March 2012, as recommended by the Chief Probation Officer

27.   ACCEPTED AND FILED report on Secure Communities, with the additional directions that a) the Sheriff assemble a Task Force on Secure Communities that includes representatives of the Latino Affairs Commission (representing the Board) and other relevant community members and b) the Task Force and the Latino Affairs Commission return with a report and recommendations on February 28, 2012

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

29.   APPROVED reappointment of James Maxwell to the Civil Service Commission for a term to expire December 31, 2015, as recommended by Supervisor Pirie

30.   SEE ITEM NO. 62.1 REGULAR AGENDA

31.   ACCEPTED nomination of Giang T. Nguyen for appointment to the First 5 Commission, as an at-large representative, for a term to expire April 1, 2012, with final appointment to be considered on January 10, 2012, as recommended by Supervisor Stone

32.   ACCEPTED notification of an at-large vacancy on the Assessment Appeals Board (Second Panel), with nominations to be received on January 10, 2012, and final appointment to be considered on January 24, 2012, as recommended by Chairperson Stone

33.   APPROVED appointment of Giang T. Nguyen to the Santa Cruz-Monterey-Merced Managed Medical Care Commission, as an at-large representative, for a term to expire April 1, 2015, as recommended by Chairperson Stone

34.   DIRECTED County Counsel to return to the Board on February 28, 2012, with recommendations for the Board's consideration to enact a ban on the sale, possession, importation, and release of American Bullfrogs in Santa Cruz County and approved related action, with an additional direction to contact our State Legislators and ask them to take action on this issue as well

35.   ACCEPTED AND FILED annual County Water Resources Program Status Report and directed staff to return with an annual report on County water management activities in December 2012 with the additional direction that staff cooperate with the City of Santa Cruz in expanding conservation efforts in their service area

36.   ACCEPTED AND FILED report on the Cruzin to Health: Changes That Last a Lifetime program results and accepted the Spotlight on Excellence Award from CalPERS, as recommended by the Director of Health Services

37.   ADOPTED RESOLUTION NO. 361-2011 accepting and appropriating unanticipated revenue in the amount of $136,440 from the Ambulance Excess Revenue Trust Fund; approved agreement with Image Trend, Inc., in the amount of $197,320 for the electronic patient care record reporting system and approved related action, as recommended by the Director of Health Services

38.   APPROVED amendment to agreements with Debora Friedman, increasing the amount by $10,000 for a not-to-exceed total of $36,400 for CalFresh outreach projects, and with the Community Action Board, increasing the amount by $50,000 for a not-to-exceed total of $264,650 for the CalWORKs Emergency Payment Program and approved related action, as recommended by the Director of Human Services

39.   ADOPTED RESOLUTION NO. 362-2011 authorizing implementation of the Memorandum of Understanding (MOU) for the In-Home Supportive Services providers; authorized the Personnel Director to sign the MOU on behalf of the In-Home Supportive Services Public Authority and authorized specified staff to take necessary administrative actions to implement the agreement, as recommended by the Director of Human Services

40.   APPROVED agreement with the San Jose State University Research Foundation in the amount of $120,000 for Roots and Wings Leaps and Bounds program services and approved related actions, as recommended by the Director of Human Services

41.   ACCEPTED AND FILED report on the Affordable Housing Preservation Program and directed staff to return with recommendations to amend Chapter 17.10, as recommended by the Planning Director

42.   SCHEDULED public hearing on Tuesday, January 10, 2012 at 9:00 a.m. or thereafter, to announce the release of the 2011-2012 Community Block Development Grant allocations and solicit public input, as recommended by the Planning Director

43.   ACCEPTED AND FILED final 2011-2012 Capital Improvement Program (CIP) document, and directed staff to return on or before May 22, 2012 with the proposed 2012-2013 CIP document, as recommended by the Director of Public Works

44.   APPROVED amendment to agreement with Don Chapin Company, Inc., increasing the contract by $5,000 for a not-to-exceed total of $38,800 for the Aptos School Retaining Wall and Emergency Repairs, as recommended by the Director of Public Works

45.   ACCEPTED AND FILED report on the Coolidge Drive Improvements, as recommended by the Director of Public Works

46.   ACCEPTED AND FILED status report on Assembly Bill 1265, an option to recapture a portion of property taxes forgone from reductions in the assessed value of parcels under Williamson Act contracts and directed staff to return on or before March 20, 2012 with a status report on implementing AB1265 and an analysis of the costs and public benefit of the County's participation in the Williamson Act program, as recommended by the Planning Director

47.   ACCEPTED the improvements and final cost of $221,239.10 for the Highland Way Storm Damage Repair Project and approved related actions, as recommended by the Director of Public Works

48.   ACCEPTED report on the status of the proposed Zero Waste EcoPark project; directed Public Works and the Sheriff's Office to return with a formal report and presentation on plans for the EcoPark on February 14, 2012, as recommended by the Director of Public Works

49.   ADOPTED RESOLUTION NO. 363-2011 for Aptos Village Plan real property agreements for the Aptos Creek Road authorizing the Chair of the Board to sign the agreement and Grant of Easement and the Certificate of Acceptance for the State Parks easement and directing and authorizing relating actions, as recommended by the Director of Public Works

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

51.   APPROVED amendment to agreement with Reber Construction, Inc., by increasing amount by $15,000 for a not-exceed total of $44,896 and increasing the scope of work for additional construction on the Nelson Road Debris Flow emergency access road, as recommended by Director of Public Works

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, APPROVED Joint Funding Agreement in the amount of $20,325 with the U.S. Geological Survey, Water Resources Division for the ongoing Stream Gauging Program in Santa Cruz County and approved related action, as recommended by the District Engineer

52.1.   SEE ITEM NO. 62.1 REGULAR AGENDA

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Save the Plastic Bag Coalition v. County of Santa Cruz, Santa Cruz County Case No. CV172379

REPORT OF COUNTY COUNSEL - no report given

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED the progress report for the Leadership in Our Neighborhoods (LION) Pilot Program, as recommended by the Acting Redevelopment Agency Administrator

REGULAR AGENDA

53.1.   Presentation honoring Dr. Rama Khalsa

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

55.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 7 to convene and carry out a regularly scheduled meeting

56.   CONSIDERED report on the state budget and associated impacts on the California Department of Forestry and Fire Protection (CAL FIRE) and further discussion of County Fire Service Area 48 (CSA 48) service delivery options for changing the contracted level of service with CAL FIRE commencing in fiscal year 2013-2014, and taking related actions;

(1) accepted updated report on the State budget and associated impacts on the California Department of Forestry and Fire Protection (CAL FIRE) and further discussion of County Fire Service Area 48 (CSA 48) service delivery options for changing the contracted level of service with CAL FIRE commencing in Fiscal Year 2013/14;

(2) directed staff to return to the Board on or before June 14, 2012 with any update on changes in the State budget affecting the local CAL Fire contract and any data and recommendations required for Board deliberation as a result of today's discussion; and

(3) directed staff to return on or before June 14, 2012 with the "intent to Contract with CAL Fire in 2013/14 " letter, including any requested changes in the level of fire protection/emergency services from that provided by the current agreement as determined by the Board;

4) with the additional direction that staff provide comments on the State Responsibility Area Fees, during the comment period, consistent with the concerns we have with respect to our situation in Santa Cruz County
PCaLCoS

56.1.   CONSIDERED authorizing entry into the Veteran's Memorial Building on Front Street on Wednesday, January 18, 2012, from 10:00 a.m. until 2:00 p.m. and directing the County Administrative Officer to coordinate with County staff to take the necessary actions to ensure that excess liability insurance is in place and that waiver forms are prepared to allow into the building as outlined;

(1) directed staff to work with the veterans representatives to plan and implement a ceremony at a location close to the Veterans Memorial Building for honoring Veterans and the important role of the Veterans Memorial Building; and

2) directed staff to work with the veterans' representatives to arrange for a limited time and a limited number of veterans to walk-through the building, provided that individual releases of liability are signed
PCoLCaS

56.2.   CONSIDERED directing the Human Services Director to provide a report to the Board on January 10, 2012, with information on alternate frameworks that could provide for an evaluative process for Community Programs funding, as outlined, as well as findings on the impacts of preventing any one single focus area from exceeding 50% of the total funding allocated to Community Programs;

MOTION to direct the Human Services Director to provide a report to the Board on January 10, 2012 that provides information on alternate frameworks that provide for an evaluative process, complete with new review standards premised upon our funding principles and focus areas and which also assess each applicant based on how their proposal coincides with said standards; MOTION FAILED due to lack of a second

57.   CONSIDERED interim ordinance extending temporary moratorium on the establishment of medical marijuana collective, cooperative or dispensary and report on status of permit application;

ADOPTED INTERIM ORDINANCE NO. 5112, on an urgency basis, and by at least a four-fifths vote, extending a temporary moratorium on the establishment of medical marijuana collectives, cooperatives or dispensaries in the unincorporated area of Santa Cruz County for an additional ten months and 15 days, until November 15, 2012, unless terminated sooner by your Board
LCoPCaS

58.   CONSIDERED Memorandum of Understanding for the Sheriff's Correctional Officer Representation Unit;

(1) approved MOU for the Sheriff's Correctional Officer Unit;

(2) authorized the Personnel Director to sign the Sheriff's Correctional Officer Unit 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 Sheriff's Correctional Officer MOU
LCaPCoS

59.   APPROVED reappointment of Sonja Brunner to the Housing Authority Board of Commissioners, as an at-large tenant representative, for a term to expire December 13, 2013
LCoPCaS

60.   CONSIDERED nomination of Donald N. (Norm) Hagen and Deborah Lane for appointment to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large County appointee, for a term to expire December 31, 2015;

APPROVED, by affirmative vote of Supervisors Leopold, Coonerty, and Stone, appointment of Deborah Lane to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large County appointee, for a term to expire December 31, 2015

61.   APPROVED appointment of Susie Christensen and Kenneth Peter McLean for reappointment to the Area Developmental Disabilities Board VII, as at-large representatives, for terms to expire January 1, 2015
LCoPCaS

62.   APPROVED reappointment of Julia Hill and Alan Smith to the Board of Law Library Trustees for terms to expire December 31, 2012
PLCoCaS

62.1.   DIRECTED the Chairperson to write to the California Public Utilities Commission expressing the Board's opposition to the imposition of all proposed fees associated with the SmartMeter opt-out program; with the additional directions

a) the Public Health Officer return on January 24, 2012 with an analysis of the research on the health effects of Smartmeters; and b) County Counsel return January 24, 2012 with a report regarding the legality of a public utility refusing service to customers who are willing to pay for service and are willing to have an analog meter;

(2) DIRECTED the County Administrative Officer to return on January 24, 2012, with a report on the issues associated with the current SmartMeter moratorium ordinance and a draft ordinance to extend the moratorium for an additional year

CoPLCaS

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