Santa Cruz County Board of Supervisors Minutes: 12/9/2014

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2014, NUMBER 27
Tuesday, December 9, 2014

ACTION SUMMARY MINUTES

VOTING KEY: L = Leopold, F = Friend, Co = Coonerty, Ca = Caput, M = McPherson; 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 - seven people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 21, 2014 and November 18, 2014, as recommended by the Clerk of the Board

8.   DELETED ITEM

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 Linda Louise Byrum, Claim No. 415-027, as insufficiently filed, and referred to County Counsel

11.   ADOPTED RESOLUTION NO. 287-2014 authorizing the additional temporary transfer of funds to the Aptos/La Selva Fire Protection District and directed the County Auditor-Controller and the County Treasurer to make the necessary transfer of funds from the County Treasury pursuant to the approved resolution, as recommended by the Auditor-Controller

12.   ACCEPTED AND FILED report on the Criminal Defense Conflicts Program (CDCP), approved a Master Independent Contractor Agreement, Fee Schedule and Policies and Procedures; authorized the CDCP Administrator to amend, enter into, sign, and renew independent contractor agreements under the Master Agreement; ratified agreements entered into as of December 1, 2014; approved a transfer of appropriations in the amount of $34,254, and requested that County Counsel return at or before Budget Hearings to report whether the pilot CDCP should transition to a permanent program, as recommended by the County Administrative Officer and County Counsel

13.   APPROVED revisions to the County Policy and Procedures Manual and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer

14.   ADOPTED RESOLUTION NO. 288-2014 authorizing a zero property tax exchange for Local Agency Formation Commission #955 - W. Zayante/Butler Annexation to the San Lorenzo Valley Water District, as recommended by the County Administrative Officer

15.   APPROVED the Joint Exercise of Powers Agreement for the Santa Cruz County Library Facilities Financing Authority, and authorized the County Administrative Officer to sign the agreement; with the additional direction that the County Administrative Officer return on January 13, 2015, with an informational presentation about the Joint Powers Agreement, Community Facilities District, Maintenance of Effort and related matters concerning the library for discussion and direction by the Board.

16.   ACCEPTED the Statement of Vote for the November 4, 2014 Statewide General Election and declared the winners for each office under Board jurisdiction, as recommended by the County Clerk

17.   APPROVED appointment of Brian Sherin to the Emergency Management Council as the at-large representative, for a term to expire January 1, 2017, as recommended by the Director of General Services

18.   APPROVED agreement with Young Engineering Services, in the amount of $18,800 for architectural services for the County health isolation rooms ventilation improvements located at 1080 Emeline Avenue in Santa Cruz and at 9 Crestview Drive in Watsonville, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 289-2014 accepting and appropriating unanticipated revenue in the amount of $54,000 into the General Services budget and adopted RESOLUTION NO. 290-2014 accepting and appropriating unanticipated revenue in the amount of $31,200 in the Sheriff's Office budget from the Monterey Bay Unified Air Pollution Control District, approved transfers of appropriations in the amount of $12,000 within the General Services Fleet Budget and $2,021 within the Sheriff's Office Budget and approved related actions, as recommended by the Director of General Services and Sheriff-Coroner

20.   AWARDED contract to Al-Bana Construction Co. in the amount of $74,500 for the Main Jail Polished Concrete Flooring Project, approved the transfer of funds in the amount of $86,450 in the Sheriff's Office Budget; adopted RESOLUTION NO. 291-2014 accepting unanticipated revenue in the amount of $86,450 into Plant Index 191120, and approved related actions, as recommended by the Director of General Services

21.   ADOPTED RESOLUTION NO. 292-2014 authorizing an agreement with CAL Fire; approved the Reimbursement Agreement and Operational Plan for fire protection services in County Service Areas 48 and 4 for 2014/15 through 2016/17; authorized the transfer of $68,254 of FY 2014/15 appropriations in Contingencies to Professional Services in Index 304100; authorized the transfer of $65,702 of FY 2014/15 appropriations in Contingencies to Professional Services in Index 304300; and approved related actions, as recommended by the Director of General Services

22.   APPROVED Side Letter Agreement with Operating Engineers Local Union 3, as recommended by the Personnel Director

23.   ADOPTED RESOLUTION NO. 293-2014 amending Salary Resolution No. 279-75 to create a classification in the Sheriff's Office; and adopted RESOLUTION NO. 294-2014 amending Resolution No. 274-76 implementing various personnel actions, as recommended by the Personnel Director

24.   ADOPTED RESOLUTION NO. 295-2014 extending the term of the Santa Cruz County Community Corrections Partnership (CCP); accepted and approved the 2014-2015 Implementation Plan; and reappointed CCP membership and the Executive Committee, as recommended by the Chief Probation Officer

25.   ADOPTED RESOLUTION NO. 296-2014 revising the Conflict of Interest Code for the County of Santa Cruz Probation Department, as recommended by the Chief Probation Officer

26.   ADOPTED RESOLUTION NO. 297-2014 to establish a 0.01% per annum simple interest rate on tenant's rental security deposits effective January 1, 2015, and approved related actions; with additional direction to County Counsel to return with a proposed action to eliminate Subsection A which requires an annual payment of interest but maintains Subsection B which requires payment to the tenant but not on an annual basis.

27.   ADOPTED RESOLUTION NO. 298-2014 to establish an 18% per annum simple interest rate on delinquent Cannabis Business Tax pursuant to Section 4.06.120 of the Santa Cruz County Code, as recommended by the Treasurer-Tax Collector

28.   ACCEPTED nomination of Jerrie Isabel Williams for reappointment to the Board of Directors of the Community Action Board, and Mark Halfmoon as the alternate, as at-large County representatives, for terms to expire January 2, 2017, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Leopold

29.   ACCEPTED nomination of Christina Berberich for appointment to the Community Health Centers Co-Applicant Commission, as an at-large community representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Leopold

30.   DIRECTED the Chairperson to write to the Silicon Valley Leadership Group Foundation expressing the Board's support for their outstanding efforts to date to further the "Let's Move Salad Bars to Schools" initiative and further expressing the interest of each member of the Board to work with the Foundation to identify a school in each Supervisorial district to be the recipient of a donated salad bar, as recommended by Supervisor Friend

31.   ACCEPTED nomination of Kristin Meyer for appointment to the Community Health Centers Co-Applicant Commission, as an at-large patient representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Friend

32.   ACCEPTED nomination of George Wolfe for appointment to the Community Health Centers Co-Applicant Commission, as an at-large community representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Friend

33.   APPROVED appointment of Brad Neily to the Commission on Disabilities for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

34.   ACCEPTED nomination of Rama Khalsa for appointment to the Community Health Centers Co-Applicant Commission, as an at-large community representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Coonerty

35.   ACCEPTED nomination of Rahn Garcia for appointment to the Community Health Centers Co-Applicant Commission, as an at-large community representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Coonerty

36.   ACCEPTED nomination of Anjuna Malley for reappointment to the Area Developmental Disabilities Board VII, as an at-large representative, for a term to expire January 1, 2018, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Coonerty

37.   APPROVED the Agricultural Conservation Easement for the Coast Dairies and Land Co. agricultural lots; directed the Chairperson of the Board to accept the Agricultural Conservation Easement on behalf of the County; directed the Planning Department to file the Baseline Documentation Report for future reference; and certified that the Agricultural Conservation Easement is exempt from the California Environmental Quality Act, as recommended by Supervisor Coonerty

38.   ACCEPTED nomination of Gustavo Mendoza for appointment to the Community Health Centers Co-Applicant Commission, as an at-large patient representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Coonerty

39.   ACCEPTED nomination of Nicole Pfeil for appointment to the Community Health Centers Co-Applicant Commission, as an at-large patient representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Coonerty

40.   ACCEPTED nomination of Fernando Alcantar for appointment to the Community Health Centers Co-Applicant Commission, as an at-large patient representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Caput

41.   ACCEPTED nomination of Donald N. (Norm) Hagen for appointment to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large County representative, for a term to expire December 31, 2018, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Caput

42.   ACCEPTED nomination of Pamela Hammond for appointment to the Community Health Centers Co-Applicant Commission, as an at-large patient representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Caput

43.   ACCEPTED nomination of Raquel Ramirez Ruiz for appointment to the Community Health Centers Co-Applicant Commission, as an at-large community representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor Caput

44.   DIRECTED the County Administrative Officer to work with County staff in affected departments and provide a report to the Board on April 21, 2015, outlining the anticipated impacts to local government agencies and the community from the implementation of Proposition 47, as recommended by Supervisor McPherson

45.   ACCEPTED nomination of Mike Rotkin for appointment to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large County representative, for a term to expire December 31, 2018, with final appointment to be considered on December 16, 2014, as recommended by Supervisors McPherson and Coonerty

46.   ACCEPTED nomination of Samuel Gordon for appointment to the Community Health Centers Co-Applicant Commission, as an at-large patient representative, for a term to expire December 16, 2015, with final appointment to be considered on December 16, 2014, as recommended by Supervisor McPherson

47.   ACCEPTED nomination of Julia Hill and Alan Smith for reappointment to the Board of Law Library Trustees, for terms to expire December 31, 2015, with final appointment to be considered on December 16, 2014, as recommended by Chairperson Friend

48.   ADOPTED RESOLUTION NO. 299-2014 amending the Conflict of Interest Code for 2014 of the County of Santa Cruz Health Services Agency, as required by the State of California Political Reform Act, and authorized the Chairperson of the Board to sign, as recommended by the Director of Health Services

49.   APPROVED agreement with the California Institute for Behavioral Health Solutions, in the amount of $50,966, for provision of homeless program monitoring services, and authorized the Health Services Agency Director to sign; and adopted RESOLUTION NO. 300-2014 accepting and appropriating unanticipated revenue in the amount of $8,871 from the federal Substance Abuse and Mental Health Services Administration to fund the contract increase, as recommended by the Director of Health Services

50.   APPROVED a master agreement for provision of recruitment and placement services for permanent staffing of clinic physicians and psychiatrists; authorized the Director of Health Services to approve negotiated modifications to Exhibit C - Standard County/Agency Provisions of the master agreement, with approval from County Counsel, Risk Management, and the County Administrative Officer, as recommended by the Director of Health Services

51.   SEE ITEM NO. 67.1 REGULAR AGENDA

52.   ADOPTED RESOLUTION NO. 301-2014 accepting and appropriating unanticipated revenue in the amount of $232,000 into the Human Services Department budget; adopted RESOLUTION NO. 302-2014 accepting and appropriating unanticipated revenue in the amount of $232,000 into the General Services Fleet budget; and approved the purchase of 10 replacement vehicles as fixed assets in the amount of $327,405, as recommended by the Directors of Human Services and General Services

53.   ADOPTED RESOLUTION NO. 303-2014 accepting and appropriating unanticipated revenue in the amount of $459,000 into the Human Services Department budget; approved amendment to agreement with ARC TEC, Inc. to provide architectural services for a new amount not to exceed $250,420 and extend the term to June 30, 2015; and approved related actions, as recommended by the Director of Human Services

54.   AUTHORIZED the Planning Director to enter into a Memorandum of Understanding with the Santa Cruz County Regional Transportation Commission (SCCRTC) for development of a Santa Cruz County Travel Demand Model, as recommended by the Planning Director

55.   CONTINUED TO JANUARY 2015 report regarding agricultural fencing

56.   APPROVED independent contractor agreement with SCS Field Services in the not to exceed amount of $53,300 for gas flare control system upgrade and remote monitoring and control hardware installation at the Buena Vista Landfill, and approved related action, as recommended by the Director of Public Works

57.   APPROVED contract change order in the amount of $226,438.71 for the Buena Vista Sanitary Landfill, Module 5 project, and approved related actions, as recommended by the Director of Public Works

58.   AUTHORIZED the Clerk of the Board of Supervisors to make a partial release of Faithful Performance Security submitted for Tract 1572 Habitat for Humanity in the amount of $281,000, upon receipt of a replacement bond, as recommended by the Director of Public Works

59.   AUTHORIZED payments to the Soquel Creek Water District in the amounts of $9,100 for slurry seal work and $6,000 for bike lane striping on Soquel Drive, as recommended by the Director of Public Works

60.   APPROVED independent contractor agreement with Geosyntec Consultants, Inc., in the not-to-exceed amount of $16,076 for providing solid waste engineering and environmental services for Ben Lomond Landfill groundwater monitoring well redevelopment, and approved related action, as recommended by the Director of Public Works

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Janet L. Sanders, Larry Sanders, and Daniel Ryan Pierce, by and through his Guardian ad Litem v. County of Santa Cruz, et al., and related Cross-Actions, United States District Court, Northern Case No. C13-03205 EJD

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

62.   Public hearing held to consider update to Affordable Housing Regulations;

opened public hearing, to hear public testimony, and continued public hearing to January 13, 2015
MCoLCaF

63.   Continued public hearing to consider the 2015 Growth Goal;

(1) reopened the public hearing continued from September 30, 2014 on the setting of the Year 2015 Growth Goal;

(2) closed public hearing;

(3) certified the CEQA Notice of Exemption; and

(4) ADOPTED RESOLUTION NO. 304-2014 adopting the Year 2015 Growth Rate Goal of 0.5% for the unincorporated portion of the County, with associated findings;

(5) with the additional direction that should the County exceed the annual allotment, that Board notification be provided and that the increase shall be considered a one time annual adjustment
LMCoCaF

64.   Public hearing held to consider the Planning Commission's recommendation regarding amendments to County Code Sections 13.10.694 (Vacation Rentals) and 13.10.700-V (Definition of Vacation Rental). County Code Chapter 13.10 is a coastal implementing ordinance;

(1) opened the public hearing, took public testimony, on the proposed amendments to County Code Sections 13.10.694 and 13.10.700-V; and

(2) determined to establish the Seacliff/Aptos Designated Area (SADA), and indicated the SADA provisions were to include that in the SADA a maximum of 20 percent of residential parcels per block could be vacation rentals; with the exception that Pot Belly Beach Road, Las Olas Drive, a portion of the Rio Del Mar flats, Beach Drive, and Via Gaviota would have no limit on the percentage of residential parcels that could be vacation rentals; and adopted Option B: to continue this public hearing to the Board meeting of January 27, 2015, and direct the Planning Department to prepare an ordinance consistent with Board direction for review and recommendation by the Planning Commission at its meeting of January 14, 2015, for consideration by the Board on January 27, 2015;

(3) with the additional directions (a) presumption that a Vacation Rental permit in the Live Oak Designated Area and in the SADA will be renewed; (b) clarify that a new Vacation Rental means a Vacation Rental for which a permit application was not made on or before November 28, 2011; and (c) Planning would come back in February with a report on the status of providing vacation rental information on the Planning Department website
LCocaMF

65.   Public hearing held to consider adoption of a resolution approving proposed amendments to the Unified Fee Schedule;

closed public hearing;

ADOPTED RESOLUTION NO. 305-2014 Revising the Unified Fee Schedule
CaLCoMF

66.   CONSIDERED adoption of a resolution approving the 2015 Bail schedule for Superior Court and related actions;

ADOPTED RESOLUTION NO. 306-2014 approving the 2015 Court Bail Schedule, and directed the Clerk of the Board to forward the 2015 Schedule to Superior Court and to conduct an annual review with the mid-year updates of the Unified Fee Schedule
CaLCoMF

67.   CONSIDERED in concept adoption of an ordinance amending Section 3.12.040 of the Santa County Code; and an ordinance deleting Section 3.28.130 of the Santa Cruz County Code relative to Nepotism;

(1) APPROVED "in concept" ordinance amending Section 3.12.040 of the Santa County Code relating to Titles and Exemption from Civil Service to return on December 16, 2014 for final adoption;

(2) APPROVED "in concept" ordinance deleting Section 3.28.130 of the Santa Cruz County Code relating to Nepotism to return on December 16, 2014 for final adoption;

(3) directed staff to make the appropriate changes to Personnel Regulation 130 X.V. to reflect the County's Nepotism Policy which defers to federal and state law; and

(4) authorized the Personnel Director, Auditor-Controller and the County Administrative Officer to take all necessary administrative steps to effectuate the changes.
MCoLCaF

67.1.   APPROVED the Health Services Agency (HSA) Strategic Plan for Substance Use Disorder (SUD) Treatment and Intervention Services 2014-2019, and adopted the four key outcomes described in the plan; approved amendment to agreements with Janus of Santa Cruz in the amount of $3,954,360; Sobriety Works in the amount of $551,290; New Life Community Services in the amount of $58,530; United Way of Santa Cruz in the amount of $51,364; and Encompass Community Services in the amount of $1,466,642 for provision of alcohol and drug services, and authorized the Director of HSA to sign; adopted RESOLUTION NO. 307-2014 accepting and appropriating unanticipated revenue in the amount of $1,310,264 into the HSA Alcohol and Drug Program budget; and directed HSA to return in February 2015 with a report on relevant research and findings, prevalence rates of SUDs, evaluation of current system outcomes, and an update on the latest proposed changes from state and federal agencies regarding the Drug Medi-Cal program, as recommended by the Director of Health Services
LMCoCaF

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