Santa Cruz County Board of Supervisors Minutes: 11/20/2012

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2012, NUMBER 24
Tuesday, November 20, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas - NONE
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 23, 2012 and October 30, 2012, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 25, 2012 through November 14, 2012 and approved upon adoption of the 2012-2013 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 claims of Darlene Zamora, Claim Numbers 213-027, 213-028, and 213-029, and referred to County Counsel

11.   REJECTED the claim of Byron Grisel, Claim No. 213-030, and referred to County Counsel

12.   REJECTED the claim of Florence Johnson, Claim No. 213-031, and referred to County Counsel

13.   APPROVED deferral of consideration of a Memorandum of Understanding between the County and the Verutti Family to facilitate the donation of real property intended for a new Felton Library to January 15, 2013, as recommended by County Counsel

14.   APPROVED the County's 2013 legislative program and approved related actions, as recommended by the County Administrative Officer

15.   APPROVED the amended Conflict of Interest Code adopted by the Animal Services Authority on October 15, 2012, as recommended by the County Administrative Officer

16.   CONTINUED consideration of an ordinance to amend the Transient Occupancy Tax until December 11, 2012, as recommended by the County Administrative Officer

17.   APPROVED the Memorandum of Understanding accepting Urban Area Security Initiative (UASI) grant funding and related documents; adopted RESOLUTION NO. 279-2012 accepting and appropriating $11,100 in UASI grant funds and approved related actions, as recommended by the Director of Information Services

18.   ADOPTED RESOLUTION NO. 280-2012 approving the California Department of Forestry and Fire Protection Volunteer Fire Assistance Program Agreement, authorizing the County Fire Chief to sign and execute the agreement; and adopted RESOLUTION NO. 281-2012 accepting and appropriating $18,525 from the Volunteer Fire Assistance Grant Program into the County Fire budget, as recommended by the Director of General Services

19.   APPROVED amendment to contract with The Bay Food Company, Inc., extending the term of the agreement for 701 Ocean Street Cafeteria and Food Concession Services and Emeline Campus coffee cart services through November 28, 2013, as recommended by the Director of General Services

20.   APPROVED amendment to agreement with Santa Cruz Barrios Unidos for the Outreach and Rule of Law program to adjust budget line amounts with no new total contract cost and approved related actions, as recommended by the Chief Probation Officer

21.   APPROVED amendment to agreement with Bonnie J. Sultan, increasing the amount by $15,000 for new juvenile division consultant services and approved related actions, as recommended by the Chief Probation Officer

22.   APPROVED Memorandum of Understanding between the Sheriff's Office and Superior Court for 2012-2013 court security services and authorized the Chairperson to approved related actions, as recommended by the Sheriff-Coroner

23.   SEE ITEM NO. 57.1 REGULAR AGENDA

24.   ACCEPTED AND FILED the report of the County's investment activities and holdings for the quarter ending September 30, 2012, as recommended by the Treasurer-Tax Collector

25.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending October 31, 2012, as recommended by the Treasurer-Tax Collector

26.   APPROVED and adopted the County of Santa Cruz 2013 Investment Policy, as recommended by the Treasurer-Tax Collector

27.   ACCEPTED nomination of Mark Hodges for appointment to the Workforce Investment Board, as an at-large representative of educational agencies, for a term to expire June 30, 2014, with final appointment to be considered on December 4, 2012, as recommended by Supervisor Coonerty

28.   ACCEPTED nomination of Dave Hood for reappointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2016, with final appointment to be considered on December 4, 2012, as recommended by Chair Leopold

29.   ACCEPTED nomination of David Cavanaugh for reappointment to the Pajaro Valley Water Management Agency Board of Directors, for a term to expire December 1, 2014, with final appointment to be considered on December 4, 2012, as recommended by Supervisor Pirie

30.   ACCEPTED notification of a vacancy on the Board of Directors of the Community Action Board, for an at-large representative of the County of Santa Cruz, with nominations for appointment to be received on December 4, 2012, and final appointment to be considered on December 11, 2012, as recommended by Chair Leopold

31.   ACCEPTED notification of two vacancies on the Board of Law Library Trustees, with nominations for appointment to be received on December 4, 2012, and final appointments to be considered on December 11, 2012, as recommended by Chair Leopold

32.   APPROVED amendment to agreement with American Medical Response West, extending the term until December 31, 2015, and approved related actions, as recommended by the Director of Health Services

33.   APPROVED the coordination agreement with Senior Citizens Legal Services and approved related actions, as recommended by the Director of Health Services
(P)CaCoSL (Supervisor Pirie abstained because her husband is employed by the Senior Citizens Legal Services)

34.   APPROVED amendment to agreement with Sutter Maternity and Surgical Center for provision of MediCruz hospital services, extending the term through March 31, 2013, and approved related actions, as recommended by the Director of Health Services

35.   APPROVED revenue agreement with the California Department of Correction and Rehabilitation's Correctional Health Care Services in the amount of $6,000 for provision of patient-inmate Low Income Health Program enrollment services and approved related actions, as recommended by the Director of Health Services

36.   APPROVED deferral of the Annual Report on Hospital Services and Access to Care to February 26, 2013, as recommended by the Director of Health Services

37.   APPROVED deferral of the Los Altos Rod and Gun Club (Application 111108) environmental status report, to include the Health Risk Assessment results, until December 11, 2012, as recommended by the Director of Health Services

38.   AUTHORIZED payment of four pharmaceutical invoices over one year old in the total amount of $559.60 from Cardinal Health, as recommended by the Director of Health Services

39.   RATIFIED agreement with the City of Santa Cruz Water Department in the not-to exceed amount of $70,000 in Proposition 84 grant funds for evaluation of potential water exchanges in northern Santa Cruz County and approved related actions, as recommended by the Director of Health Services

40.   ADOPTED RESOLUTION NO. 282-2012 accepting and appropriating unanticipated revenue in the amount of $87,343 from the State of California; approved amendment to agreement with Shoreline Workforce Development Services, increasing the amount by $84,343 for enhanced workforce investment services focused on the needs of local businesses and job seekers, and approved related actions, as recommended by the Director of Human Services

41.   ACCEPTED the improvements and approved the final cost of $1,888,043 for the 2012 Pavement Management Project and approved related action, as recommended by the Director of Public Works

42.   ACCEPTED the improvements and approved the final cost of $503,786.54 for the Upper Porter/Soquel/San Jose Road Improvements- Papermill Road to O'Neill Lane Project, and approved related action, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 283-2012 to convey underground conduit and utility boxes from the County of Santa Cruz to AT&T as part of the East Cliff Drive Parkway Project, and approved related action, as recommended by the Director of Public Works

44.   APPROVED amendment to agreement with Bowman and Williams Consulting Civil Engineers increasing compensation by $20,000 for a not-to-exceed total of $221,257.59, increasing the scope of services, and approving the current rate schedule for the Seacliff Village Streetscape Plan and State Park Drive Improvement Project, and approved related action, as recommended by the Director of Public Works

45.   APPROVED amendment to agreement with Stantec Consulting Services, Inc., setting revised 2012 schedule of billing rates to provide engineering design services for storm damage repairs on various roads within the County, as recommended by the Director of Public Works

46.   APPROVED the independent contractor agreement with Pacific Crest Engineering Inc., in the not-to-exceed amount of $25,000 for geotechnical services through March 31, 2013 for the Soquel-San Jose Road Storm Damage Repair Project, and approved related actions, as recommended by the Director of Public Works

47.   APPROVED transfer of $3,300 for the purchase of utility truck Number 2-113 and service truck Number 4-15 to be utilized in the Public Works road maintenance section, as recommended by the Director of Public Works

48.   APPROVED the transfer of $82,846.80 from Public Works Internal Service Fund Capital Reserves to Structures & Improvements for the Brommer Street Maintenance Yard Clarifier project; accepted low bid from Pacific Underground Services in the amount of $125,420 for the Brommer Yard and D.A. Porath Sanitation Facility Clarifiers Project; authorized award of contract, and approved related actions, as recommended by the Director of Public Works

49.   SEE ITEM NO. 57.2 REGULAR AGENDA

50.   SCHEDULED revised bid opening for the Empire Grade Road Storm Damage Repair Project on November 29, 2012 at 2:15 p.m. in the Public Works Conference room and directed staff to return on December 11, 2012 with a recommendation for award of contract, as recommended by the Director of Public Works

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, APPROVED annual contribution of $8,000 for fiscal years 2012-2013 through 2017-2018 to the Pajaro River Watershed Flood Prevention Authority for flood risk reduction activities throughout the Pajaro River watershed, as recommended by the District Engineer

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Capitola Flooding Cases (Ross, et al., v. City of Capitola, et al., Santa Cruz County Superior Court Case No. CV173642; Truck Insurance Exchange, et al. v. City of Capitola, et al. Santa Cruz County Superior Court Case No. CV173071; Calvert v. City of Capitola, et al. Santa Cruz County Superior Court Case No. CV172804; Foremost Insurance Company v. City of Capitola et al. Santa Cruz County Superior Court Case No. CV173228; American Alternative Insurance v. City of Capitola, et al. Santa Cruz County Superior Court Case No. CV173926; Saldana v. City of Capitola, et al., Santa Cruz County Superior Court Case No. CV172324; California Capital Insurance v. City of Capitola et al. Santa Cruz County Superior Court Case No. CV173552; Kawahara v. City of Capitola, et al., Santa Cruz County Superior Court Case No. CV175216

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

53.   Presentation made honoring Mark W. Stone

54.   CONSIDERED report of County Administrative Office on amendments to the agreements with the Museum of Art and History;

authorized the County Administrative Office to work with Bond Counsel and the MAH on the various contract amendments required to revise the rent to the County as equal the sum of the annual debt service on the County Bonds (Base Rent) plus the annual cost of maintenance (Additional Rent) and that once the County Bonds are paid off the Base Rent would then be set at 10% of gross.
PCoCaSL

55.   CONSIDERED possible actions to prohibit the discharge of firearms in the upper Eureka Canyon Road area;

1) accepted public comment on the possible establishment of a no shoot zone in the upper Eureka Canyon Road area, as outlined on the attached map, and considered any actions which may be appropriate based on Board discussion of this matter; 2) approved in concept the establishment of a no-shoot zone in the Upper Eureka Canyon Road area, as outlined in the map on page 397, and 3)directed the Public Works Department to return on December 4, 2012 with a metes and bounds map of the Upper Eureka Canyon Road no-shoot zone designation area and a draft ordinance for consideration
PCocaSL

56.   APPROVED appointment of Laura Mangum to the In-Home Supportive Services Advisory Commission, as an at-large representative in the category of current or former provider, for a term to expire April 1, 2015
CoPCaSL

57.   CONSIDERED report on Community Programs funding;

1) accepted and filed report;

2) directed staff to include an additional $300,000 for community programs in the 2013-2014 budget recommendation, one half of that amount to restore a portion of prior year reductions, the other half for new funding, to be used for supplemental funding, new programs, or one time grants; and

3) directed staff to work with those agencies that receive community program funding to explore opportunities to leverage more outside funding through our investment in community programs;

Motion made by Supervisor Caput to direct staff not to recommend more than a 5% cut to Community Programs if economic times take a downturn, MOTION FAILED due to lack of a second;

PCoCaSL

57.1.   APPROVED contracts for Assembly Bill 109 client intervention services with The Watsonville Law Center, in the amount of $15,000 for reentry legal support services; Pajaro Valley Shelter Services in the amount of $15,000 to provide housing support services, including dedicated shelter beds; Walnut Avenue Women's Center in the amount of $5,000 to provide the Seeking Safety cognitive/behavioral treatment program; approved contract amendment with the United Way of Santa Cruz County to add restorative justice services to the scope of work and increasing the compensation by $10,000, and approved related actions, with the additional direction that staff return on March 5, 2013 with an update on the status of Assembly Bill 109 funding
PCoCaSL

57.2.   AUTHORIZED Public Works to issue Transportation Improvement Area fee credit in the amount of $135,000 for building permit application number 121013, with recommendation to withhold occupancy of development project until all documentation related to the offsite improvements (traffic signal modification of the Soquel Drive and 41st Avenue intersection) has been reviewed and accepted; with the additional direction the fee credit approval only apply to the specific project, 07-0406, as previously approved by the Zoning Administrator; and if the project's improvements are not under construction within six months from today's date, the applicant shall be required to seek an extension of this approval from the Board of Supervisors
PSCoCaL

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