Santa Cruz County Board of Supervisors Minutes: 5/22/2012

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2012, NUMBER 12
Tuesday, May 22, 2012

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. 48.2: AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, Accept request of the District Engineer to add late item to the Consent Agenda that the Board of Directors determine by a two-thirds vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, adopt resolution authorizing the submittal of a grant pre-application for HPG grant funds for replacement of sewer laterals and water connection lines in Davenport County Sanitation District; direct the Clerk of the Board to publish the notice in a newspaper of general circulation for one day on or before June 9, 2012, as recommended by the District Engineer ADDED to the Regular Agenda: Item No. 55.1 and 57.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eleven people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of May 8, 2012, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of May 10, 2012 through May 16, 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 Janet Flores, Claim No. 112-078, and referred to County Counsel

11.   REJECTED the claim of Farmers Insurance c/o Jane Hummert, Claim No. 112-079, and referred to County Counsel

12.   REJECTED the claim of Daniel Gonzales Garcia, Claim No. 112-080, and referred to County Counsel

13.   REJECTED the claim of Richard Arthur Moore-Agarrio, Claim No. 112-081, and referred to County Counsel

14.   APPROVED the Conflict of Interest Code adopted by the Oversight Board of the Santa Cruz County Redevelopment Successor Agency, as recommended by the County Administrative Officer

15.   ADOPTED RESOLUTION NO. 110-2012 authorizing the District Attorney to sign and submit a joint powers agreement to the Victim Compensation and Government Claims Board in the amount of $820,350 for the period July 1, 2012 through June 30, 2015, as recommended by the District Attorney

16.   APPROVED agreement with LexisNexis in the amount of $18,816 for online legal research access and approved related actions, as recommended by the District Attorney

17.   ADOPTED RESOLUTION NO. 111-2012 confirming previously established benefit assessments for County Service Areas (CSA) 48 (County Fire) and 4 (Pajaro Dunes) and adopted RESOLUTION NO. 112-2012 scheduling a public hearing on Tuesday, June 12, 2012 at 9:00 a.m. or thereafter to consider proposed 2012-2013 Fire Protection Assessment service charge reports for CSA No. 48 and 4, and approved related actions, as recommended by the Director of General Services

18.   APPROVED and directed the Auditor-Controller to transfer funds in the amount of $27,500 from the Pajaro Dunes Fire Station Assessment District Maintenance Fund to Pajaro Dunes County Service Area No. 4 Fund for emergency repairs of the Pajaro Dunes Fire Station; adopted RESOLUTION NO. 113-2012 accepting and appropriating unanticipated revenue in fiscal year 2011-2012, as recommended by the Director of General Services

19.   APPROVED plans and specifications for the 1020 Emeline Security Door Project; directed General Services to advertise for bids and set the bid opening on June 11, 2012 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

20.   ADOPTED RESOLUTION NO. 114-2012 approving an industrial disability retirement for a safety member, as recommended by the Director of Personnel

21.   SEE ITEM NO. 57.2 REGULAR AGENDA

22.   ADOPTED RESOLUTION NO. 115-2012 authorizing the Chief Probation Officer to submit and sign an application for Juvenile Accountability Block Grant Program Funds for 2012-2013, as recommended by the Chief Probation Officer

23.   APPROVED appointment of Marc Shaw to the Fish and Game Advisory Commission, for a term to expire April 1, 2013, as recommended by Supervisor Stone

24.   DIRECTED the County Counsel's office to negotiate and prepare a Memorandum of Understanding between the County and the Verutti Family which would provide for land use entitlements which would enable the donation of real property to the County, intended to serve as the location for a new Felton Library, as outlined, and return to the Board on or before August 7, 2012, with the proposed Memorandum of Understanding, as recommended by Supervisor Stone

25.   ACCEPTED notification of various vacancies on the Workforce Investment Board, as outlined, with nominations for appointment to be received on June 12, 2012, and final appointments to be considered on June 19, 2012, as recommended by Chair Leopold

26.   ADOPTED RESOLUTION NO. 116-2012 confirming the established benefit assessments/service charges and adopted RESOLUTION NO. 117-2012 scheduling a public hearing on June 12, 2012 at 9:00 a.m. or thereafter to consider the proposed 2012-2013 Assessment/Service Charge Reports for County Service Area No. 12 - Wastewater Management, and approved related actions, as recommended by the Director of Health Services

27.   APPROVED amendment to agreement with the Santa Cruz AIDS Project, increasing the amount by $25,000 for a not-to-exceed total of $208,422 for HIV/AIDS community services and approved related actions, as recommended by the Director of Health Services

28.   APPROVED amendment to the agreement with Central California Alliance for Health, increasing the amount by $900,000 for a not-to-exceed total of $6,390,000, and extending the term of the agreement through June 30, 2012 for Healthy Kids premium payments, and approved related actions, as recommended by the Director of Health Services

29.   APPROVED amendment to agreement with Community Action Board, increasing the amount by $65,000 for a not-to-exceed total of $329,650 for the CalWorks Emergency Payments Program, effective May 1, 2012, and approved related actions, as recommended by the Director of Human Services

30.   APPROVED agreement in the amount of $10,000 with Ron Gamble to provide Workforce Investment Board Rapid Response services in fiscal year 2011-2012 and approved related actions, as recommended by the Director of Human Services

31.   APPROVED independent contractor agreement in the amount of $65,000 with Rutan and Tucker LLP, for housing legal services and approved related actions, as recommended by the Planning Director

32.   SCHEDULED public hearing on Tuesday, June 12, 2012 at 9:00 a.m. or thereafter to consider a Community Development Block Grant Economic Over the Counter grant application and solicit public input, as recommended by the Planning Director

33.   SCHEDULED a public hearing on Tuesday, June 12, 2012 at 9:00 a.m. or thereafter to consider the recommendation of the Planning Commission to approve Application No. 121042, a proposal for a Minor Land Division and rezoning of one of the two resulting parcels from Timber Production (TP) to Special Use (SU) on property located at 453 Eureka Canyon Road, in the Eureka Canyon Planning Area, as recommended by the Planning Director

34.   ACCEPTED AND FILED status report on the Aptos Village Plan railroad crossing improvement and approved related actions, as recommended by the Director of Public Works

35.   ACCEPTED AND FILED the Proposed 2012-2013 Capital Improvement Program document and scheduled a study session on the Proposed 2012-2013 Capital Improvement Program on Tuesday, June 12, 2012 at 9:00 a.m. or thereafter, as recommended by the Director of Public Works

36.   ADOPTED RESOLUTION NO. 118-2012 accepting and appropriating unanticipated revenue in the amount of $3,000 for property management and oversight costs, and $8,511.98 for at-cost services, as recommended by the Director of Public Works

37.   ADOPTED RESOLUTION NO. 119-2012 accepting and appropriating unanticipated revenue in the amount of $575,788 from the Vanir Construction Management, Inc. development agreement; accepted low bid in the amount of $549,048 from Earthworks Paving Contractors, Inc., for the Upper Porter Street/Soquel San Jose Road Improvements, Paper Mill Road to O'Neill Lane; authorized award of contract and approved related actions, as recommended by the Director of Public Works

38.   ADOPTED RESOLUTION NO. 120-2012 approving and accepting the terms and conditions of the agreement for the Upper Porter Street/Soquel San Jose Road Improvements-Paper Mill Road to O'Neill Lane; approved payment of claim in the amount of $3,250, and approved related actions, as recommended by the Director of Public Works

39.   APPROVED permit for the 2012 Sequoia Century bicycle ride event on June 3, 2012, and approved related action, as recommended by the Director of Public Works

40.   APPROVED specifications and engineer's estimate for the 2012 County Service Area Resurfacing Project and authorizing calling for bids; set the bid opening on June 13, 2012 at 2:15 p.m. in the Department of Public Works conference room; directed staff to return on June 26, 2012 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

41.   APPROVED agreement with Pacific Gas and Electric Company for the Seacliff Underground District No. 18 Electric Panel Service Conversions and approved related action, as recommended by the Director of Public Works

42.   APPROVED the construction mitigation agreement and lease amendment with Harbor Veterinary Hospital for 2202 Soquel Avenue, as recommended by the Director of Public Works

43.   APPROVED reimbursement agreement between Soquel Creek Water District and the County of Santa Cruz in the amount of $10,431.68 for costs related to water system items on the 2012 Pavement Management Project; adopted RESOLUTION NO. 121-2012 accepting and appropriating unanticipated revenue in the amount of $10,431.68 from the Soquel Creek Water District; accepted the low bid of Granite Construction Company in the amount of $2,041,041 and authorized award of contract, and approved related action, as recommended by the Director of Public Works

44.   APPROVED Request for Qualifications for landscape architectural services for McGregor Park; directed Parks to return on or before August 7, 2012 with a recommendation for award of contract, and approved related actions, as recommended by the Director of Public Works

45.   APPROVED amendment to agreement extending term of agreement from April 30, 2012 to July 16, 2012 for the installation of a weather based irrigation controller and related appurtenances, and installation of the remaining irrigation and water conservation related equipment for the Polo Grounds Water Conservation Project, and approved related actions, as recommended by the Director of Public Works

46.   APPROVED road closure for the 2012 Boulder Creek 4th of July Parade; adopted RESOLUTION NO. 122-2012 requesting that Caltrans permit the parade and closure of Highway 9 and approved related action, as recommended by the Director of Public Works

47.   DEFERRED report on installation of residential street light on Webster Street until on or before September 11, 2012, as recommended by the Director of Public Works

48.   AS BOARD OF DIRECTORS OF THE SANTA CRUZ FLOOD CONTROL AND WATER CONSERVATION DISTRICT - ZONE 7A, ACCEPTED the improvements and approved the final cost of $93,546.84 for the Pajaro River Flap Gate Culvert Replacement Project and approved related action, as recommended by the District Engineer

48.1.   AS BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED transfer of appropriations in the amount of $20,000 for the Davenport Water Main Rehabilitation Project, as recommended by the District Engineer

48.2.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ACCEPTED request of the District Engineer to add late item to the Consent Agenda that the Board of Directors determine by a two-thirds vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

ADOPTED RESOLUTION NO. 123-2012 authorizing the submittal of a grant pre-application for HPG grant funds for replacement of sewer laterals and water connection lines in Davenport County Sanitation District; directed the Clerk of the Board to publish the notice in a newspaper of general circulation for one day on or before June 9, 2012, as recommended by the District Engineer
(1) SPCoCaL
(2) CoPCaSL

49.   AS THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, ADOPTED RESOLUTION NO. 124-2012 adopting the Conflict of Interest Code for the Santa Cruz County Redevelopment Successor Agency, as recommended by the County Administrative Officer

REGULAR AGENDA

50.   Public hearing held to consider resolution confirming proposed benefit assessment rate reports for County Service Area (CSA) No. 53 - North County Mosquito and Disease Control Assessment, the CSA No. 53 - South County Mosquito Abatement/Vector Control, the supplemental CSA No. 53S - South County Mosquito and Disease Control Assessment and service charge reports for fiscal year 2012-2012;

(1) Refused the allowed CPI increase and adopted the rates shown in Attachment A for 2012/2013 that reflect the same rates as in 2011/2012;

(2) opened public hearing, to hear objections or protests, on the proposed 2012/2013 benefit assessment/rate reports for North and South County Mosquito and Disease Control Assessments and Mosquito Abatement/Vector Control Assessment for County Service Area No. 53;

(3) closed public hearing; and

(4) ADOPTED RESOLUTION NO. 125-2012 confirming the benefit assessment/rate reports for County Service Area No. 53 for fiscal year 2012/2013
SCaPCoL

51.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on the 2012-2013 Freedom County Sanitation District sewer service charge report;

(1) opened public hearing, to hear objections or protests, on the proposed 2012/2013 sewer service charge report for the Freedom County Sanitation District;

(2) closed public hearing; and

(3) adopted RESOLUTION NO. 126-2012 confirming the 2012/2013 sewer service charge report for the Freedom County Sanitation District
CaPCoSL

52.   CONSIDERED the issuance of 2012-2013 Tax and Revenue Anticipation Notes in the not-to-exceed amount of $50,000,000 and adoption of a resolution authorizing the issuance and sale of County of Santa Cruz 2012-2013 Tax and Revenue Anticipation Notes and approving the form of the Preliminary Official Statement and Note Purchase Agreement and taking related actions;

(1) authorized the Auditor-Controller to proceed with necessary actions to secure the 2012-2013 Tax and Revenue Anticipation Notes not to exceed a total of $50,000,000; and

(2) ADOPTED RESOLUTION NO. 127-2012 authorizing the sale of 2012-2013 Tax and Revenue Anticipation Notes, and approving the form of the Preliminary Official Statement and the Note Purchase Agreement and providing for execution of documents in connection with the issuance of the 2012-2013 Tax and Revenue Anticipation Notes
PCoCaSL

53.   Presentation made recognizing Emergency Medical Services Week

54.   CONSIDERED report from Community Television and proposed 2012-2013 Activities Plan and Budget;

(1) Accepted and filed report on Community Television;

(2) approved the 2012-2013 CTV Activities Plan and Budget;

(3) directed Community Television that the County representative on the Community Television Board be involved in all merger negotiations;

(4) with the additional direction that Community Television return on June 26, 2012 with a report on the status of merger negotiations with CMAP;
CoSPCaL

55.   CONSIDERED report on Secure Communities;

accepted and file report of the County Counsel
PCoCaSL

55.1.   CONSIDERED adoption of a resolution supporting the passage of Assembly Bill 1081 concerning Secure Communities and considered taking related action;

(1) ADOPTED RESOLUTION NO. 128-2012 supporting the passage of Assembly Bill 1081, which would reform California's participation in the United States Immigration and Customs Enforcement Agency's "Secure Communities" program; and

(2) DIRECTED the Chair to write to Sheriff Phil Wowak urging that he both support AB 1081 and devise a policy consistent with its established standards for local governments
SCaPCoL

56.   CONSIDERED presentation on the results of the public opinion survey for support of increased County revenues and taking related action;

DIRECTED the County Administrative Officer to return on or before August 7, 2012 with a recommendation on placing an increase on the Transient Occupancy Tax (TOT) on the November 2012 ballot; with the additional direction that staff return on or before June 26, 2012 with an update on this process
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57.   APPROVED appointment of Marshall Delk to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2012, and thereafter for a term to expire June 30, 2016
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57.1.   CONSIDERED placing an advisory measure before Santa Cruz County voters concerning term limits for the office of County Supervisor; Motion made by Supervisor Caput to declare the Board's intention to place an advisory measure before Santa Cruz County voters on the November 6, 2012, Presidential General ballot to enable voters of Santa Cruz County to approve or reject an advisory measure relating to term limits for members of the County Board of Supervisors, and to direct County Counsel to return on June 12, 2012 with the necessary resolution to place the advisory measure before voters on the November 6, 2012 ballot; MOTION FAILS due to lack of a second.

57.2.   Motion made by Supervisor Caput to have the Board of Supervisors furlough plan remain at 7.5%, instead of dropping to 5.2%; MOTION FAILED due to lack of a second;

2) Motion made by Supervisor Caput to have the Department Heads and salaried employees furlough plan remain at 7.5% instead of dropping to 5.2%; MOTION FAILED due to lack of a second;

3) APPROVED furlough programs for specified bargaining units for 2012-2013; adopted RESOLUTION NO. 129-2012 implementing the furlough plans for the specified units; and approved related actions, as recommended by the Director of Personnel

SCoPCaL

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