Santa Cruz County Board of Supervisors Minutes: 8/7/2012

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2012, NUMBER 16
Tuesday, August 7, 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
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - sixteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 18, 2012, June 19, 2012, June 20, 2012, June 21, 2012, June 22, 2012, June 25, 2012, June 26, 2012, and June 28, 2012, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 21, 2012 through August 1, 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 claim of Claudia Otero Monjaraz, Claim No. 112-091 and referred to County Counsel

11.   REJECTED the claim of Jeff Roberts, Claim No. 112-092 and referred to County Counsel

12.   REJECTED the claim of Valerie Promise, Claim No. 112-095, as insufficiently filed and referred to County Counsel

13.   REJECTED the claim of Valerie Promise, Claim No. 112-096, as insufficiently filed and referred to County Counsel

14.   REJECTED the claim of Valerie Promise, Claim No. 112-097, as insufficiently filed and referred to County Counsel

15.   REJECTED the claim of Jack Smith, Claim No. 112-098, and referred to County Counsel

16.   REJECTED the claim of Andrew Cozort, Claim No. 112-099, and referred to County Counsel

17.   REJECTED the claim of Shannon L. Herzberg, Claim No. 213-002, and referred to County Counsel

18.   ACCEPTED AND FILED Treasurer Quarterly Cash Count, as recommended by the Auditor-Controller

19.   APPROVED contract with Bonnie Sultan in an amount not-to-exceed $30,000 for consulting services related to Assembly Bill 109 realignment implementation policies and procedures and approved related action, as recommended by the Chief Probation Officer

20.   APPROVED deferral of consideration of a memorandum of understanding with the Verutti family to facilitate the donation of real property intended for a new Felton Library to September 25, 2012, as recommended by County Counsel

21.   ACCEPTED the Statement of the Vote for the June 5, 2012 Presidential Primary Election, as recommended by the County Clerk

22.   ADOPTED RESOLUTION NO. 170-2012 designating the County Administrative Officer, General Services Director and Emergency Services Manager as authorized agents to execute applications and documents related to the State Flood Mitigation Assistance Program/Severe Repetitive Loss Program, as recommended by the Director of General Services

23.   ADOPTED RESOLUTION NO. 171-2012 naming the County Administrative Officer, the General Services Director and the Emergency Services manager as authorized agents to execute necessary actions related to State Homeland Security Grant Program, and authorized the Emergency Services Manager to submit the Federal 2012 Homeland Security Grant Program application on behalf of the Santa Cruz County Operational Area, as recommended by the Director of General Services

24.   ADOPTED RESOLUTION NO. 172-2012 accepting and appropriating $150,457 from the 2011 State Homeland Security Grant into various County departments; adopted RESOLUTION NO. 173-2012 accepting and appropriating $8,399 into the Public Works Internal Service Fund; adopted list of fixed assets and authorized the General Services Director to reimburse County departments for their expenditures, as recommended by the Director of General Services

25.   ADOPTED RESOLUTION NO. 174-2912 authorizing the General Services Director to submit the 2012-2013 California Emergency Management Agency Performance Grant application in the amount of $178,553; and designating the County Administrative Officer, the General Services Director, and Emergency Services Manager as Authorized Agents for the Emergency Management Performance Grant Program, as recommended by the Director of General Services

26.   APPROVED transfer of appropriations in the amount of $6,000 from Facilities Maintenance to Equipment for the replacement of an ice maker/water dispenser in the Government Center Cafeteria, as recommended by the Director of General Services

27.   APPROVED plans and specifications for the Santa Cruz Veterans Memorial Building Seismic Retrofit Phase 2 Project; directed General Services to advertise for bids and set the bid opening on September 4, 2012 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

28.   APPROVED plans and specifications for the 640 Capitola Road Termite Abatement Project; directed General Services to advertise for bids and set the bid opening on September 4, 2012 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

29.   APPROVED agreement with the County of Santa Cruz Superior Court for custodial, warehouse, and minor maintenance services for fiscal year 2012-2013 and approved related action, as recommended by the Director of General Services

30.   AWARDED contract in the amount of $35,847 to Knowlton Construction for the 1020 Emeline Security Door Project and approved related actions, as recommended by the Director of General Services

31.   APPROVED the frequency relocation agreement between the County and Metro PCS and authorized the Director of Information Services to sign the Agreement; adopted RESOLUTION NO. 175-2012 accepting and appropriating unanticipated revenue in the amount of $220,000; adopted RESOLUTION NO. 176-2012 accepting and appropriating unanticipated revenue in the amount of $40,000, as recommended by the Director of Information Services

32.   APPROVED appointment of Bill Penny to the Domestic Violence Commission, as recommended by the Chief Probation Officer

33.   AUTHORIZED the Auditor-Controller to distribute excess proceeds from the March 29, 2011 Public Auction, as outlined, and directed the Tax Collector to notify all claimants, as recommended by the Treasurer-Tax Collector

34.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending June 30, 2012, as recommended by the Treasurer-Tax Collector

35.   ADOPTED RESOLUTION NO. 177-2012 establishing a uniform five year period for both residential and commercial tax defaulted properties, after which the Treasurer-Tax Collector can issue a Notice of Intent to Sell, as recommended by the Treasurer-Tax Collector

36.   ADOPTED RESOLUTION NO. 178-2012 supporting the passage of Senate Bill 210 related to pretrial services and release, as recommended by Supervisor Leopold

37.   SEE ITEM NO. 68.1 REGULAR AGENDA

38.   DIRECTED Public Works to return on September 25, 2012 at 1:30 p.m. for a public hearing to consider proposed amended ordinance to reduce distribution of single-use plastic carry-out bags that would extend our current ordinance to include restaurants, as defined in the original ordinance
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39.   ACCEPTED notification of at-large vacancies on the Assessment Appeals Board, for one member on the first panel and two members and one alternate on the second panel, with nominations for appointment to be received on August 21, 2012, and final appointment to be considered on September 11, 2012, as recommended by Chair Leopold

40.   ADOPTED RESOLUTION NO. 179-2012 appointing Dr. Ira Lubell acting County Health Officer effective August 7, 2012, pursuant to Section 101000 of the California Health and Safety Code, as recommended by the Director of Health Services

41.   ADOPTED RESOLUTION NO. 180-2012 authorizing the Health Services Agency to sign on-going State standard agreements included on the 2012-2013 Continuing Agreements List and approved related action, as recommended by the Director of Health Services

42.   APPROVED agreement with Aptos/La Selva Fire Protection District in the not-to-exceed amount of $100,000 to purchase and equip an ambulance; adopted RESOLUTION NO. 181-2012 accepting and appropriating $100,000 of unanticipated revenue from the Ambulance Excess Revenue Trust Fund into the Health Services Agency Budget and approved related action, as recommended by the Director of Health Services

43.   APPROVED amendment to agreement with Central California Alliance, increasing amount by $875,000 to the not-to-exceed amount of $7,265,000 for Healthy Kids premium payments and extending the term of the agreement through June 30, 2013, and approved related action, as recommended by the Director of Health Services

44.   APPROVED master agreement for contracted pharmacy services and approved related actions, as recommended by the Director of Health Services

45.   APPROVED three year revenue agreement with the California Wellness Foundation in the amount of $150,000 for Teen Health Outreach Program Services and approved related action, as recommended by the Director of Health Services

46.   AUTHORIZED the County Administrative Officer to issue an ambulance operator's license to American Medical Response West for fiscal year 2012-2013, as recommended by the Director of Health Services

47.   APPROVED the Cambria Solutions Inc. agreement in the not-to-exceed amount of $126,080 for the In Home Supportive Services Case Management and Payroll system; adopted RESOLUTION NO. 182-2012 accepting and appropriating unanticipated revenue in the amount of $126,080 and approved related actions, as recommended by the Director of Human Services

48.   APPROVED agreement with the California State Association of Counties in the amount of $56,384 for providing continuing Welfare Client Data System management for 2012-2013 and approved related actions, as recommended by the Director of Human Services

49.   APPROVED submission of grant application to the State Department of Housing and Community Development HOME program for $700,000 for First Time Homebuyer, Tenant Based Rental Assistance, Owner-Occupied Rehabilitation programs; adopted RESOLUTION NO. 183-2012 in support of the application and authorized the Planning Director to execute program documents, as recommended by the Planning Director

50.   SCHEDULED public hearing on Tuesday, September 25, 2012 at 9:00 a.m. or thereafter to consider Application Number 101027 (Barry Swenson Builder for Green Valley Corporation - Aptos Village Project) to construct a mixed use commercial and residential development

51.   SCHEDULED public hearing on Tuesday, August 21, 2012 at 9:00 a.m. or thereafter to consider the Planning Commission recommendation to amend the General Plan Land Use Designation and Zone District for Assessor's Parcel Number 041-233023, located at 9687 Soquel Drive in Aptos, from split Land Use Designation C-S (Service Commercial) and R-UL (Urban Low Density Residential) to C-S (Service Commercial) and from split Zone District C-4 (Commercial Services) and R-1-20 (Single Family Residential, 20,000 square feet minimum parcel size to C-4 (Commercial Services) and approved related action, as recommended by the Planning Director

52.   ACCEPTED AND FILED report on the Old Big Trees Road Culvert Emergency Repair Project and directed staff to return on September 25, 2012 with a final project status update and for approval of payment, as recommended by the Director of Public Works

53.   ACCEPTED the low bid from Granite Construction Company in the amount of $2,137,137 for the 2012 Cape/Chip Seal and Overlay Project; authorized award of contract and approved related action, as recommended by the Director of Public Works

54.   ADOPTED RESOLUTION NO. 184-2012 requesting the California Department of Transportation to permit the 2012 Big Kahuna Triathlon and approved related action, as recommended by the Director of Public Works

55.   APPROVED agreement with Ferma Corporation to provide concrete rubble crushing services for the County's Buena Vista Landfill in the not-to-exceed amount of $72,140 per fiscal year through June 30, 2016 and approved related action, as recommended by the Director of Public Works

56.   APPROVED independent contractor agreement with SSA Landscape Architects, Inc., in the amount of $99,145 to complete the design work for obtaining the development permit McGregor Park and approved related action, as recommended by Director of Public Works

57.   APPROVED plans and specification and engineer's estimate for the Calabasas Road Improvements - Bradford Road to Buena Vista Drive project and authorized calling for bids; set bid opening on September 6, 2012 at 2;15 p.m. in the Department of Public Works Conference Room; directed staff to return on September 25, 2012 with a recommendation for award of contract and approved related action, as recommended by Director of Public Works

58.   APPROVED road closures and permit for the Aptos High School Homecoming Parade and approved related action, as recommended by Director of Public Works

59.   APPROVED transfer of $18,470 and accepted low bid from Applied Water Resources of Walnut Creek in the amount of $199,808 for the eight 2012 Culvert Replacement Projects; authorized award of contract and approved related action, as recommended by Director of Public Works

60.   APPROVED final map of Tract 1502, Silver Oaks Phase II; authorized the Director of Public Works to sign Subdivision Agreement and approved related action, as recommended by Director of Public Works

61.   APPROVED final map of Tract 1502, Silver Oaks Phase III; authorized the Director of Public Works to sign Subdivision Agreement and approved related action, as recommended by Director of Public Works

62.   AUTHORIZED payment in the amount of $6,600 to Geo H. Wilson, Inc. to upgrade the gas line at the Buena Vista Landfill in the 2011-2012 fiscal year; authorized payment in the amount of $5,914 to Geosyntec Consultants, Inc., for engineering and geotechnical services completed at the Roy Wilson Yard in the 2011-2012 fiscal year, as recommended by Director of Public Works

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

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Lambert v. County of Santa Cruz, Santa Cruz County, Superior Court Case No. CV 171919

Capitola Flooding Claims; Claims of E. Maghakian (#011-088 and 011-088AN); B. Allen (011-088A and 011-088AA); P. Cox (011-088B); M. Bierach (011-088C and 011-088AB); K. Sutton (011-088D); M. Vasko (011-088E); D. Drivon (011-088F); L. Machado (011-088G); C. Lerno (011-088H); V. Blomenkamp (011-088I and 011-088AC); D. Rennels (011-088J and 011-088Z); J. Roddy (011-088K); A. Schroedel (011-088L, 011-088Q and 011-088X); A. Fontaine (011-088M and 011-088Y); V. Ballantyne (011-088N); Foremost Ins. Co. (011-088O); T. Viola (011-088P and 011-088P2); R. Howard (011-088R); M. Cameron (011-088S); J. Cameron (011-088T); N. DeMera (011-088U); B. Warhurst (011-088V); D. Finkel (011-088W); Farmers Ins. Exch., subr. for Hot Feet (011-088AD and 011-088AF); Farmers Ins. Exch., subr. for Rainbow City Limits (011-088E); Farmers Ins. Exch., subr. for SurfNShack (011-088AG); Mid Century Ins., subr. for Blue Water Steakhouse (011-088AH); Mid Century Ins., subr. for Panache Bath & Body (011-088AI); Truck Ins. Exch., subr. for Kane Silverberg (011-088AJ); CA Capitol Ins. Co., subr. for C. Schroeder (011-088AK, 011-088AV, and 011-088AV2); D. Ross (011-088AL); J. Ferro (011-088AM); Amer. Alt. Ins. Corp., subr. of Central Fire (011-088AO); K. Saldana (011-088AP); Capitola Associates LLC (011-088AQ and 011-088AT); Lexington Ins. Co., subr. of City of Capitola (011-088AR); D. Houston (011-088AS); and S. Hacker (011-088AU and 011-088AW).

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

64.   Public hearing held to consider proposed 2012-2013 service charge report for County Service Area No. 11, Parks and Recreation;

(1) opened public hearing, to hear objections or protest, to the proposed 2012/2013 Service Charge Report for County Service Area No. 11, Parks and Recreation;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 185-2012 confirming the 2012/2013 Service Charge Report for CSA No. 11, Parks and Recreation
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65.   CONSIDERED an ordinance adding Chapter 1.18 to the Santa Cruz County Code relating to the flying of the POW/MIA Flag on all County buildings concurrently with the American Flag and the California Flag; directed staff to return on or before September 11, 2012 with a resolution directing County staff to fly the POW/MIA flag concurrently with the American and State flags where appropriate, and including the clarifying statement that POW/MIA flag is being flown to honor POW/MIA service members from all the conflicts that America has been involved in
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66.   CONSIDERED recommendation to increase the existing Transient Occupancy Tax at lodging facilities in the unincorporated areas of the County;

(1) ACCEPTED AND FILED report;

(2) ADOPTED RESOLUTION NO. 186-2012 Calling and Providing for a Special Election to be held on Tuesday, November 6, 2012 for the Purpose of Submitting to the Qualified Voters of the County of Santa Cruz a Countywide Measure of Whether an Ordinance Imposing an Eleven Percent Transient Occupancy Tax to Replace the Existing Nine and One-Half of One Percent Tax should be Adopted and Consolidating said Special County election with the Presidential General Election to be held on November 6, 2012;

(3) ADVISED the Auditor-Controller and County Counsel of the requirements for independent analyses contained in the Resolution;

(4) DIRECTED the Clerk of the Board to submit the Resolution to the County Clerk no later than 5:00 p.m. August 10, 2012; and

(5) DIRECTED the County Administrative Office to return after the November 6, 2012 Election with necessary actions with regard to the effective date of the amended imposition rate, should an increase be authorized by the voters.
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67.   CONSIDERED appeal of Department of Public Works staff determination regarding requirement for drainage improvement plan and possible off-site improvements beyond the street frontage, for a single-family dwelling on a lot of record, pursuant to County Code Chapters 7.79 and 15.10;

DENIED the appeal that was formally filed on June 6, 2012, and was explained in a letter dated April 5, 2012, by Mr. Cove Britton
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68.   CONSIDERED appeal related to County Geologic Hazards Code Section 16.10.070(h)2.(i) regarding limitations on placing improvements within coastal bluff setback areas;

DENIED appeal that was formally filed on June 6, 2012 and was explained in a letter dated April 5, 2012 by Mr. Cove Britton, based on the following findings:

(1) The County of Santa Cruz is correctly administering building code requirements that apply to above-ground pools and above-ground spas or hot tubs consistent with provisions of the California Building Code, in that above-ground spas or hot tubs at a minimum do require an electrical permit.

(2) Regulations implementing the County of Santa Cruz Local Coastal Program as approved by the California Coastal Commission, including Section 16.10.070(H)2.(a) of the Geologic Hazards ordinance, are not "Building Standards" of the California Building Code as defined by the California Health and Safety Code, and are not subject to any need to make findings for a local amendment of the California Building Code nor any requirement to file such findings for acceptance by the California Building Standards Commission.
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68.1.   DIRECTED Planning staff to return on August 21, 2012, with options for the Board to consider that will enable the County to ensure that additional development is coordinated and well planned within the Aptos area, as recommended by Supervisor Pirie
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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