Santa Cruz County Board of Supervisors Minutes: 8/5/2014

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2014, NUMBER 15
Tuesday, August 5, 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 Moment of Silence and Pledge of Allegiance
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 - Seven people addressed the Board.

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller (on file with the Clerk of the Board)

7.   CONTINUED TO AUGUST 19, 2014 consideration to approve minutes of June 16, 2014; June 17, 2014; June 18, 2014; June 19, 2014; June 20, 2014; June 24, 2014, June 26, 2014, as recommended by the Clerk of the Board

8.   Item deleted

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 Bonnie and David Prell, Claim No. 415-002, and referred to County Counsel

11.   ADOPTED ORDINANCE NO. 5185 adding Chapter 7.64 to the Santa Cruz County Code relating to Sharps Waste Management Programs (approved in concept June 24, 2014-item 75)

12.   ADOPTED ORDINANCE NO. 5186 amending subsection 5 of subdivision a of section 5.48.015 of the Santa Cruz County Code relating to the definition of reusable bags (approved in concept June 24, 2014-item 77)

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

14.   SEE ITEM NO. 57.1 REGULAR AGENDA

15.   APPROVED the response to the findings and recommendations in the 2013-2014 Grand Jury Final Report and request the Chairperson to forward the County's response to the Presiding Judge with a copy to the Grand Jury, as recommended by the County Administrative Officer

16.   ACCEPTED AND FILED report; and DIRECTED the County Administrative Officer to evaluate options for addressing space requirements at the Freedom Campus, including feasibility for creating a new South County Government Center Campus and return with a report with initial recommendations on or before November 18, 2014, as recommended by the County Administrative Officer

17.   SCHEDULED a jurisdictional hearing on Tuesday, September 9, 2014 at 9:00 a.m. or thereafter on the Planning Commission's decision regarding Application Number 141027, a proposal for the installation of an upper bluff stabilization structure and to grade 15 yards of material at the southern end of 13th Avenue in the Live Oak area, as recommended by the Clerk of the Board

18.   ACCEPTED Notice of Completion for the Main Jail Isolation Room Ventilation Improvement Project in Santa Cruz; approved final cost of $36,150.97 and authorized the Clerk of the Board to take related actions, as recommended by the Director of General Services

19.   APPROVED plans and specifications for the 126 Front Street Bathroom Remodel and directed General Services to re-advertise for bids and set the bid opening on September 3, 2014 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

20.   APPROVED plans and specifications for the Main Jail Polished Concrete Flooring Project and directed General Services to re-advertise for bids and set the bid opening on September 4, 2014 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

21.   AWARDED contract to Frank Loduca Co. in the amount of $558,053.50 for The Farm Community Garden and Stream and Habitat Restoration Project; Phase I and approved related actions, as recommended by the Directors of General Services and Public Works

21.1.   APPROVED Memorandum of Understanding for the Deputy Probation Officer Unit, as recommended by the Director of Personnel

22.   ACCEPTED the Sheriff's Office Federal Annual Certification Report for equitable sharing funds ending June 30, 2014; and authorized the Sheriff-Coroner and the County Administrative Officer to sign and submit the Federal Annual Certification Report to the United States Department of Justice, as recommended by the Sheriff-Coroner

23.   APPROVED the Memorandum of Understanding (MOU) between the Santa Cruz Superior Court and the Santa Cruz County Sheriff's Office for Court Security Services and authorized the Chairperson and the Sheriff to sign the MOU, as recommended by the Sheriff-Coroner

24.   APPROVED contract in the amount of $21,915 with George H. Wilson for Main Jail Shower Stall Installation and approved related actions, as recommended by the Sheriff-Coroner

25.   APPROVED purchase of a Precision Incubator in the amount of $9,000 and the IsoMet Low Speed Saw in the amount of $6,000 for a total of $15,000, as recommended by the Sheriff-Coroner

26.   APPROVED agreement authorizing the purchase of tax-defaulted property, Assessor's Parcel Number 021-271-03, by the City of Scotts Valley, as recommended by the Treasurer-Tax Collector

27.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending June 30, 2014, as recommended by the Treasurer-Tax Collector

28.   ACCEPTED AND FILED the report of the County's Investment activities and holdings for the quarter ending June 30, 2014, as recommended by the Treasurer-Tax Collector

29.   APPROVED appointment of Cheryl Daniels to the Mental Health Advisory Board, representing families, for a term to expire April 1, 2017, as recommended by Supervisor Coonerty

30.   APPROVED appointment of Cally Haber to the Emergency Management Council, for a term to expire April 1, 2017, as recommended by Supervisor Leopold

31.   ACCEPTED notification of an at-large vacancy on the Latino Affairs Commission, representing the City of Watsonville, with nominations for appointment to be received on August 19, 2014, and final appointment to be considered on September 9, 2014, as recommended by Chairperson Friend

32.   ACCEPTED notification of an at-large vacancy on the Assessment Appeals Board, with nominations for appointment to be received on August 19, 2014, and final appointment to be considered on September 9, 2014, as recommended by Chairperson Friend

33.   APPROVED appointment of Jim Howes to the Emergency Management Council, representing the Santa Cruz County Office of Education, as recommended by Chairperson Friend

34.   APPROVED a new Memorandum of Understanding between the Health Services Agency, Santa Cruz Community Health Centers, Planned Parenthood of Mar Monte, and Salud Para La Gente for the purpose of establishing a cost sharing agreement for hospitalist services provided at Dominican Hospital, as recommended by the Director of Health Services

35.   APPROVED amendment to agreement with Oregon Community Health Information Network, Inc. for HIPAA compliance terms and approved related actions, as recommended by the Director of Health Services

36.   APPROVED the Memoranda of Understanding with Dominican Hospital and Watsonville Community Hospital for provision of Hospital Base Station Emergency Medical Services and approved related actions, as recommended by the Director of Health Services

37.   APPROVED the transfer of budget appropriations in the amount of $7,000 within Health Service Agency's 2014-2015 budget; and approved the fixed asset purchase of a centrifuge for tuberculosis testing in the Public Health Laboratory, as recommended by the Director of Health Services

38.   ACCEPTED AND FILED report on broadband and approved related actions, with additional direction that staff return on September 30, 2014 with a report on allowing the installation of equipment within public right of ways, subject only to “time, place, and manner” of access through the County’s encroachment permit process

38.1.   APPROVED a rental agreement for 755 14th Avenue Unit 108 (Assessor's Parcel Number 027-401-08) with a private party and authorized the Planning Director to enter into the agreement, as recommended by the Planning Director

39.   ACCEPTED the improvements and approved final cost of $185,103.34 for the Valencia School Road Storm Damage Repair project and approved related actions, as recommended by the Director of Public Works

40.   ACCEPTED the low bid from Earthworks Paving Contractors, Inc. in the amount of $314,395.73 for the resurfacing project and approved related actions, as recommended by the Director of Public Works

41.   ACCEPTED subdivision site improvements for Tract 1502, Silver Oaks of Aptos Phase II project and approved related actions, as recommended by the Director of Public Works

42.   ADOPTED RESOLUTION NO. 186-2014 approving and accepting terms and conditions of property acquisition agreement for the Vienna Drive at Mesa Drive March 2011 Storm Damage Repair Project and approved related actions, as recommended by the Director of Public Works

43.   ADOPTED RESOLUTION NO. 187-2014 summarily vacating a portion of Brommer Street Extension and reserving a 10 foot sanitary sewer easement and approved related actions, as recommended by the Director of Public Works

44.   SEE ITEM NO. 55.1 REGULAR AGENDA

45.   APPROVED agreement and grant of easement for public access and appurtenances for the Twin Lakes Beachfront Improvement Project and approved related actions, as recommended by the Director of Public Works

46.   APPROVED independent contractor agreement with mercury Disposal Systems, Inc., in the not-to-exceed amount of $50,000 per year through June 30, 2017 for collection, transportation and recycling services for fluorescent lamps throughout Santa Cruz County and the cities within the County, as recommended by the Director of Public Works

47.   APPROVED independent contractor agreement with Sharp Solutions, LLC, in the not-to-exceed amount of $26,000 per fiscal year through June 30, 2018 for transportation, destruction and recycling services for home-generated medical sharps and pharmaceutical and approved related actions, as recommended by the Director of Public Works

48.   APPROVED permit for the 32nd Annual Santa Cruz Triathlon on September 28, 2014 and approved related actions, as recommended by the Director of Public Works

49.   APPROVED specifications and engineer's estimate for the 2014 Roadside Mowing and Tree Trimming Project and authorized calling for bids; set the bid opening on August 21, 2014 at 2:15 p.m. in the Department of Public Works Conference Room and directed staff to return on September 9, 2014 with a recommendation for award of contract, as recommended by the Director of Public Works

50.   DENIED bid protest submitted by Hillside Drilling, Inc., and accept low bid from Conley General Engineering, Inc., in the amount of $235,449 for the Felton Empire Road Guardrail and authorized award of contract and approved related action, as recommended by the Director of Public Works

51.   RATIFIED award of contract to Granite Rock Company in the amount of $4,688,920 for the Buena Vista Sanitary Landfill, Module 5 Project and approved related action, as recommended by the Director of Public Works

52.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ACCEPTED utility location work and approved final cost of $35,300 for the Green Valley Road Utilities Locating Project and approved related actions, as recommended by the District Engineer

53.   RATIFIED award of contract to Reber Construction Company, Inc., in the amount of $739,780.31 for the Nelson Road Storm Damage Repair Project and approved related actions, as recommended by the Director of Public Works

53.1.   ACCEPTED request of the County Counsel to add late item to the consent agenda that the Board of Supervisors determine by two-thirds vote of its members present at the meeting that a need to take immediate action arose subsequent to the printed agenda being posted as follows:

APPROVED deferral of the proposed changes to the Vacation Rental Ordinance letter to August 19, 2014, as recommended by County Counsel
LCoCaMF

54.   SCHEDULE A CLOSED PERSONNEL AND LITIGATION SESSION TO BE HELD AT THE CONCLUSION OF THE BOARD'S CONSENT OR REGULAR AGENDA, OR AT ANY OTHER TIME DURING THE COURSE OF THE MEETING ANNOUNCED BY THE CHAIRPERSON OF THE BOARD

CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION

Significant exposure to litigation to be considered pursuant to subdivision (d)(2) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organizations: General Representation Unit/SEIU 521;

Middle Management Association; Deputy Probation Officers

District Attorney/Child Support Attorney Unit; Physicians Representation Unit

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

City of Scotts Valley v. County of Santa Cruz, et al., San Mateo Superior Court No. CIV467230

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)

Title: County Counsel

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

55.   Continued public hearing regarding County Service Area No. 9A, Residential Lighting, new zone of benefit (Paul Sweet Road and Chaminade Lane);

(1) Conducted public hearing continued from June 24, 2014; closed public hearing; and accepted the certification of the results of the CSA No. 9A, Residential Lighting, new zone of benefit (Paul Sweet Road and Chaminade Lane);

(2) directed the Director of Public Works to retain the ballots for at least six months following the certification;

(3) ADOPTED RESOLUTION No. 188-2014 authorizing and levying an assessment for residential lighting service and maintenance within CSA No. 9A, Residential Lighting, new zone of the benefit (Paul Sweet Road and Chaminande Lane) for the 2014-2015 fiscal year and each ayear following; and

(4) authorized the activation of two 70-watt, standard residential street lights in the above named annexation
LMCoCaF

55.1.   ADOPTED RESOLUTION NO. 189-2014 adopting the Monterey Bay Scenic Trail Network Master Plan and approved related actions, with the additional direction that Planning and Public Works staff return in October 2014 with a progress report to identify issues that need to be resolved for building the trail with the Regional Transportation Commission
CoCaLMF

56.   Public hearing held to consider the Planning Commission's recommendation to approved Application Number 131293, to amend the Seacliff Village Plan to allow residential uses on Assessor's Parcel Number 038-181-29 (northwest corner of the intersection of Hillcrest Drive and State Park Drive in Seacliff), to change the General Plan/Local Coastal Plan Program land use designation of Assessor's Parcel Number 038-181-29 from C-N (Neighborhood Commercial) to R-UM (Urban Medium Density Residential), to rezone the subject property from C-1 (Neighborhood Commercial) to R-1-4 (Single Family Resdiential-4,000 square foot minimum) and to obtain a Coastal Development Permit to construct a two story single family dwelling (approximately 2,255 square feet with 4 bedrooms and 2.5 bathrooms. County Code Chapter 13.10 is a coastal implementing ordinance

(1) conducted a public hearing to consider the proposed General plan/Local Coastal Program Land Use Amendment, Rezoning, and Coastal Development Permit to allwo construction of a single family dwelling;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 190-2014 (Attachment 1) adopting the Negative Declaration (Attachment 3) as complying with the requirements of the California Environmental Quality Act; amending the Seacliff Village Plan to allow the construction of a residence on Site 2-b; amending the County General Plan/Local Coastal Program to change the land use of the property indicted from the C-N land use designation to the R-UM land use designation; and directed staff to process the amendments in the next GEneral Plan/Local Coastal Program round for 2014; and

(4) ADOPTED ORDINANCE NO. 5187 (Attachment 2) making all required findings and amending Chapter 13.10 of the Santa Cruz County Code to rezone the property from the C-1 zone district to the R-1-4 zone district; and

(5) Approve Coastal Development Permit Application No 131293 to allow construction of a single family residence on the subject property; and directed staff to complete and provide the Final Local Action Notice for this approval to the California Coastal Commission after the Local Coastal Program amendments have been completed; and

(6) with the additional direction that staff take appropriate actions to formalize the acknowledgement by the property owner's representative of the uses and impacts of the rail line adjacent to the subject property
CoCaLMF

57.   Study session held to discuss Public Review Draft of the Sustainable Santa Cruz County Plan

57.1.   ADOPTED RESOLUTION NO. 191-2014 calling and providing for a Special Election to be held on Tuesday, November 4, 2014 for the purpose of submitting to the Qualified Voters of the County of Santa Cruz a countywide measure asking whether an ordinance establishing a Cannabis Business Tax should be adopted, and consolidating the election with the Gubernatorial General Election to be held on November 4, 2014; and directed the Clerk of the Board to approved related actions, as recommended by the County Administrative Officer
CoMLCaF

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