Santa Cruz County Board of Supervisors Minutes: 5/21/2013

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2013, NUMBER 12
Tuesday, May 21, 2013

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.		ADDED to the Consent Agenda: Item 53.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - Eight people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

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.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 78 amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges

11.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. 79 amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 Water Service Charges

12.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ADOPTED ORDINANCE NO. F-17 amending District Code Title 3, Article III, Chapter 3.08, Sewer Service Charges

13.   ADOPTED ORDINANCE NO. 5155 amending Chapter 2.110 of the Santa Cruz County Code relative to the Workforce Investment Board; and the associated Bylaws relating to the membership and formation of a Business Services Committee of the Santa Cruz County Workforce Investment Board

14.   REJECTED the claim of Peter Spiro Ballas, Claim No. 213-071, and referred to County Counsel

15.   REJECTED the claim of Maurice L. Ainsworth, Jr., Claim No. 213-074, and referred to County Counsel

16.   REJECTED the claim of the Estate of Bradley G. Dreher, Claim No. 213-076, and referred to County Counsel

17.   REJECTED the Application for Leave to file A Late Claim of Bruce McFarland, Claim No. 213-078, and referred to County Counsel

18.   REJECTED the claim of Maurice L. Ainsworth, Jr., Claim No. 213-079, and referred to County Counsel

19.   REQUESTED the Auditor-Controller to transfer the stale dated warrants in the amount of $4,015.82 to the General Fund, as recommended by the Auditor-Controller

20.   APPROVED a realignment of appropriations and adopted RESOLUTION NOS. 102-2013 through 105-2013 accepting unanticipated revenue within several Departments for 2012-13, as recommended by the County Administrative Officer

21.   ADOPTED RESOLUTION NO. 106-2013 and ratified authorization for the District Attorney to submit an application to the California Department of Insurance in the amount of $231,514 for the 2013-2014 Workers' Compensation Insurance Fraud Program, as recommended by the District Attorney

22.   ACCEPTED AND FILED report on the status of the County's living wage program; adopted RESOLUTION NO. 107-2013 setting the living wage at $14.79 per hour for employees receiving benefits, and at $16.13 per hour for employees not receiving benefits, effective July 1, 2013; scheduled a public hearing on June 11, 2013 at 9:00 a.m. or thereafter to consider amending the Living Wage Ordinance, changing the definition of "covered employee," removing reference to the former Redevelopment Agency, and adding language pertaining to California's child labor protection law; and other minor changes; and directed the Clerk of the Board to take related actions, as recommended by the Director of General Services

23.   ACCEPTED the Notice of Completion for the Main Jail Reroof Project in Santa Cruz; approved final cost of $997,277 and authorized the Clerk of the Board to take related actions, as recommended by the Director of General Services

24.   APPROVED AND REQUESTED the Auditor-Controller to transfer funds in the amount of $27,500 from the Pajaro Dunes Fire Station Assessment District Maintenance Fund to the Pajaro Dunes Fire County Service Area 4 fund for emergency repairs of the Pajaro Dunes Fire Station; adopted RESOLUTION NO. 108-2013 accepting and appropriating unanticipated revenue in the amount of $27,500, as recommended by the Director of General Services

25.   APPROVED agreement with George Mason University in the amount of $25,000.16 for implementation of the Risk Need Responsivity Program Tool, which is designed to match offenders to appropriate programs to reduce recidivism and provide related training and technical assistance, as recommended by the Chief Probation Officer

26.   APPROVED the purchase in the amount of $50,000 for necessary office furniture and equipment from KBM Workspace for the Evidence and Property Section of Building D of the Center for Public Safety; adopted RESOLUTION NO. 109-2013 accepting and appropriating unanticipated Asset Forfeiture funds in the amount of $50,000 to finance the purchase, as recommended by the Sheriff-Coroner

27.   APPROVED agreement to purchase the FileOnQ evidence and property management system in the amount of $76,817.37; approved purchase of a server in the amount of $2,000; adopted RESOLUTION NO. 110-2013 accepting and appropriating unanticipated Asset Forfeiture fund revenue in the amount of $78,817.37 and approved related actions, as recommended by the Sheriff-Coroner

28.   APPROVED contract with George H. Wilson, Inc. in the amount of $21,915 for the fabrication and installation of a metal shower stall at the Main Jail correctional facility and approved related actions, as recommended by the Sheriff-Coroner

29.   ACCEPTED AND FILED the report of the County's investment activities and holdings for the quarter ending March 31, 2013, as recommended by the Treasurer-Tax Collector

30.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending April 30, 2013, as recommended by the Treasurer-Tax Collector

31.   DIRECTED the County Administrative Officer to develop recommendations, including an organizational plan, staffing complement, and proposed budget, to expand the County's economic vitality efforts, as outlined, and return to the Board during 2013-2014 budget hearings with a proposed plan for discussion and action, as recommended by Supervisors Coonerty and McPherson

32.   APPROVED appointment of Maia Mosher-D'Andrea to the Alcoholism and Drug Abuse Commission for a term to expire April 1, 2017, as recommended by Supervisor McPherson

33.   ADOPTED RESOLUTION NO. 111-2013 confirming the established benefit assessment/service charges for County Service Area (CSA) No. 12, Wastewater Management; adopted RESOLUTION NO. 112-2013 setting a public hearing on June 11, 2013 at 9:00 a.m. or thereafter to consider proposed 2013-2014 Assessment/Service Charge Reports for CSA No. 12, Wastewater Management and directed the Clerk of the Board to take related actions, as recommended by the Director of Health Services

34.   APPROVED amendment to agreements with Front Street, Inc., decreasing the amount by $4,193 to $2,870,333; and with the Volunteer Center of Santa Cruz, finalizing negotiated service rates, and approved related actions, as recommended by the Director of Health Services

35.   APPROVED agreement with Santa Cruz Community Counseling Center in the amount of $24,875 to provide intensive case management and support services to youth in Extended Foster Care, and approved related actions, as recommended by the Director of Human Services

36.   APPROVED amendment to agreement with Community Bridges, incorporating funds in the amount of $24,850 remaining for Elderday, for a not-to-exceed amount of $928,928; approved amendment to agreement with Salud Para La Gente, reducing amount by $24,850 to the not-to-exceed total of $223,663; approved transfer of budget appropriations in the amount of $24,850, as outlined, and approved related actions, as recommended by the Director of Human Services

37.   ACCEPTED AND FILED report to consider a new policy requiring private commercial development to contribute to public art; directed Parks staff to work with the County Arts Commission and Economic Development staff to develop and return with a recommended Percentage for the Arts Program in March 2014, and approved related action, as recommended by the Directors of Planning and Public Works

38.   SCHEDULED a public hearing on Tuesday, June 18, 2013 at 9:00 a.m. or thereafter to consider Application No. 131076, a proposal to rezone Assessor's Parcel Number 078-311-01, an approximately 41.3 acre parcel located 3/4 miles south of the intersection of Alba Road and Jim's Road from Special Use (SU) to Timber Production (TP) and approved related actions, as recommended by the Planning Director

39.   SCHEDULED a public hearing on Tuesday, June 18, 2013 at 9:00 a.m. or thereafter to consider Application No. 131075, a proposal to rezone Assessor's Parcel Number 078-311-12, an approximately 45.9 acre parcel located 3/4 miles south of the intersection of Alba Road and Jim's Road from Special Use (SU) to Timber Production (TP) and approved related actions, as recommended by the Planning Director

40.   ACCEPTED AND FILED the proposed 2013-2014 Capital Improvement Program (CIP) document and scheduled a study session on the proposed CIP on June 11, 2013, as recommended by the Director of Public Works

41.   ACCEPTED improvements and approved final cost of $124,106.37 for the Brommer Yard and D.A. Porath Sanitation Facility Clarifiers Project, and approved related action, as recommended by the Director of Public Works

42.   ADOPTED RESOLUTION NO. 113-2013 accepting and appropriating unanticipated revenue in the amount of $11,000.00; adopted RESOLUTION NO. 114-2013 summarily vacating a portion of 41st Avenue right of way adjacent to Assessor's Parcel Number 033-177-18; approved memorandum of understanding for excess road right of way and view shed easement, and approved related actions, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 115-2013 accepting and appropriating unanticipated revenue in the amount of $21,550 from County Service Area (CSA) No. 37, Roberts Road; approved plans and specifications and engineer's estimate for the CSA No. 37, Roberts Road Bridge Repair Project; set the bid opening on June 4, 2013 at 2:15 p.m. in the Public Works conference room; directed staff to return on June 18, 2013 with a recommendation for award of contract and approved related actions, as recommended by the Director of Public Works

44.   APPROVED contract change order in the amount of $16,274.83 for the Empire Grade Road Storm Damage Repair Project and approved related actions, as recommended by the Director of Public Works

45.   APPROVED independent contractor agreement with Ifland Engineers, Inc. in the not-to-exceed amount of $70,195 for civil engineering services through June 30, 2014 for the Boulder Creek Safe Routes to School Improvement Project and approved related actions, as recommended by the Director of Public Works

46.   APPROVED the permit for the 2013 Skyland Mountain Run event, and approved related actions, as recommended by the Director of Public Works

47.   APPROVED permit conditions for the AIDS/Lifecycle Bike Ride Event on June 2 and June 3, 2013, and approved related actions, as recommended by the Director of Public Works

48.   APPROVED plans and specifications and engineer's estimate for the Polyester Concrete Bridge Deck Overlay Project and authorized calling for bids; set the bid opening on June 20, 2013 at 2:15 p.m. in the Public Works conference room; directed staff to return on August 6, 2013 with a recommendation for award of contract, and approved related action, as recommended by the Director of Public Works

49.   APPROVED quitclaim deed to release County interest in portion of Peralta Way right of way adjacent to 350 Peralta Way, Assessor's Parcel Number 028-273-01 and approved related actions, as recommended by the Director of Public Works

50.   ADOPTED RESOLUTION NO. 116-2013 requesting road closures in connection with the Boulder Creek Business Association's 2013 4th of July parade; approved road closure for the 2013 Boulder Creek 4th of July Parade; and approved related actions, as recommended by the Director of Public Works

51.   APPROVED road closures and permit for the La Selva Beach 4th of July Parade and approved related actions, as recommended by the Director of Public Works

52.   APPROVED specifications and engineer's estimate for the 41st Avenue Bulbouts at Nova Drive, Gladys and Bain Avenues, Live Oak Roadside Improvement; authorized calling for bids and set bid opening on June 6, 2013 at 2:15 p.m. in the Public Works conference room; directed staff to return on June 25, 2013 with a recommendation for award of contract and approved related actions, as recommended by the Director of Public Works

53.   APPROVED transfer of funds in the amount of $25,000 within the County Service Area No. 9, Highway Safety and Lighting Budget; approved contract change order No. 5 for the Graham Hill Road-Lockewood Lane Traffic Signal Project in the amount of $14,878.82 and approved related actions, as recommended by the Director of Public Works

53.1.   ADOPTED RESOLUTION NO. 117-2013 authorizing the Health Services Agency Director to execute all protocols with the State of California to continue an enrollment wait list for the Medi-Cruz Advantage program, as recommended by the Director of Health Services Agency

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Lichen Oaks Ranch, LLC v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV173247

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (d)(2) of Government Code Section 54956.9

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

55.   Continued public hearing to consider 2013-2014 benefit assessment rates for County Service Area No. 37 - Roberts Road;

(1) closed public hearing;

(2) ACCEPTED certification of the vote results for County Service Area No. 37 - Roberts Road and directed the Director of Public Works to retain the ballots for at least six months following certification;

(3) ADOPTED RESOLUTION NO. 118-2013 Authorizing and Levying a New or Increased Assessment for Road and Bridge Maintenance and Operations Within County Service Area No. 37, Roberts Road, Zones A,B C, and D for 2013/2014 and Each Year Following
FLCaMCo

56.   CONTINUED TO AUGUST 27, 2013 public hearing to consider amendments to County Code Chapter 13.20, the County's coastal regulations, to make the chapter consistent with the Coastal Act, the Public Resources Code, and the County's certified Land Use Plan; and related amendments to other chapters of the County Code to ensure internal County Code consistency. Chapter 13.20 is a coastal implementing ordinance
MLFCaCo

57.   CONSIDERED presentation on the 2013 Fire Season by County Fire Chief Scott Jalbert;

(1) ACCEPTED presentation on the 2013 fire season
LCaFMCo

58.   PRESENTATION made honoring Emergency Medical Services providers

59.   CONSIDERED the issuance of 2013-2014 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 the County of Santa Cruz 2013-2014 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 2013-2014 Tax Revenue Anticipation Notes not to exceed a total of $50,000,000;

(2) ADOPTED RESOLUTION NO. 119-2013 Authorizing the Sale of 2013-2014 Tax and Revenue Anticipation Notes, and Approve the Form of the Preliminary Official Statement and the Note Purchase Agreement, and Provide for Execution of Documents in Connection With the Issuance of the 2013-2014 Tax and Revenue Anticipation Notes
LCaFMCo

60.   APPROVED appointment of Carol Berg to the Housing Authority Board of Commissioners, as the at-large representative nominated by the City of Santa Cruz, for a term to expire May 21, 2017
LFCaMCo

60.1.   Motion to rescind action of April 23, 2013, denying a request to direct the Chairperson to send a letter to the County's State legislators asking that they oppose Assembly Bill 904, relating to timber management plans, made by Supervisor Leopold. MOTION FAILED due to lack of a second.

999.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS