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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2011, NUMBER 7
Tuesday, March 22, 2011

 


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.   ADDED to the Consent Agenda: Item Numbers 47.3 and 47.4

ADDED to the Regular Agenda: Item Numbers 57.1 and 57.2

4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - thirteen people addressed the Board.

CONSENT AGENDA

6.   DELETED ITEM

7.   CONTINUED TO APRIL 5, 2011 consideration to approve of minutes of March 8, 2011

8.   DELETED ITEM

9.   APPROVED 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 claim of Robert W. Evans, Claim No. 011-063, and referred to County Counsel

11.   REJECTED the claim of Leonard K. Tyson, Claim No. 011-065, and referred to County Counsel

12.   REJECTED the claim of Damian Luna, Claim No. 011-066, and referred to County Counsel

13.   REJECTED the claim of Michael E. Boyd, Claim No. 011-067, and referred to County Counsel

14.   REJECTED the claim of Claudia Hernandez Ramirez, Claim No. 011-060, and referred to County Counsel
LCoPcaS  

15.   ACCEPTED AND FILED report on the Redistricting of Supervisorial Boundaries for 2011; approved the general timeline and process as presented; directed the County Administrative Officer to return with a proposed schedule for Public Meetings to provide a forum for public input on the Redistricting of Supervisorial Boundaries; reaffirmed approval of the principles for redistricting as outlined; advised staff by April 1st of Board Member's list of local election contests to be incorporated into the Geographical Information System redistricting database; directed the County Administrative Officer to return April 5, 2011 with information on the 2010 Census population of each Supervisorial District and the population shifts needed to achieve numerical equality, as recommended by the County Administrative Officer

16.   ADOPTED RESOLUTION NO. 95-2011 in support of Senate Constitutional Amendment 1 and Assembly Constitutional Amendment 2, The Schools and Local Public Safety Protection Act of 2011, as recommended by the County Administrative Officer

17.   APPROVED plans and specifications for the Pinto Lake County Park Accessible Pathway Improvements Project; directed General Services to advertise for bids and set the bid opening for Tuesday, May 3, 2011 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

18.   ADOPTED RESOLUTION NO. 96-2011 accepting and appropriating unanticipated revenue in the amount of $10,000 from the Child Welfare System Outcome Improvement Project, as recommended by the Chief Probation Officer

19.   ADOPTED RESOLUTION NO. 97-2011 re-authorizing the Juvenile Justice Coordinating Council through June 30, 2011 and approved related actions; with the following correction to the resolution on page 69: Neal Coonerty is the County Board of Supervisors representative to the Juvenile Justice Coordinating Council.

20.   APPROVED lease agreement with Bank of the West for check remittance processing equipment and software and approved related actions, as recommended by the Treasurer-Tax Collector

21.   DEFERRED report on jail overcrowding issues to April 5, 2011, as recommended by the Sheriff-Coroner and the Chief Probation Officer

22.   ACCEPTED nomination of Maria Arreola for appointment to the Area Developmental Disabilities Board VII, as an at-large representative, for a term to expire January 1, 2014, with final appointment to be considered on April 5, 2011, as recommended by Supervisor Caput

23.   ACCEPTED nomination of James Parker for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2014, with final appointment to be considered on April 5, 2011, as recommended by Supervisor Caput

23.1.   ADOPTED RESOLUTION NO. 98-2011 urging the United States Bureau of Citizenship and Immigration Services to efficiency process the applications immigrants in a fair and speedy manner, and approved related action, as recommended by Supervisor Caput
(P)CaLCoS  

24.   APPROVED reappointment of Faris Sabbah to the First 5 Commission for a term to expire April 1, 2012, as recommended by Supervisor Caput

25.   APPROVED reappointment of various persons to County advisory bodies, as outlined, for terms to expire April 1, 2015, as recommended by Supervisor Caput

26.   APPROVED reappointment of Denise Ostlund to Mental Health Advisory Board for a term to expire April 1, 2014, as recommended by Supervisor Caput

27.   APPROVED appointment of Ross Clark to the Commission on the Environment, for terms to begin April 1, 2011 and expire April 1, 2015, as recommended by Supervisor Coonerty

28.   APPROVED reappointment of various persons to County advisory bodies, as outlined, for terms to expire April 1, 2015, as recommended by Supervisor Coonerty

29.   APPROVED reappointment of Jim Marshall to the First 5 Commission, for a term to expire April 1, 2012, as recommended by Supervisor Coonerty

30.   ADOPTED RESOLUTION NO. 99-2011 supporting the passage of Assembly Bill 313, relating to residential care facilities for the elderly and associated noticing requirements, as recommended by Supervisor Leopold

31.   APPROVED reappointment of Toni Campbell to the First 5 Commission, for a term to expire April 1, 2012, as recommended by Supervisor Leopold

32.   APPROVED reappointment of Dr. Salem Magarian to the First 5 Commission, for a term to expire April 1, 2012, as recommended by Supervisor Pirie

33.   APPROVED reappointment of John Laue to the Mental Health Advisory Board, for a term to expire April 1, 2014, as recommended by Supervisor Pirie

34.   ADOPTED RESOLUTION NO. 100-2011 supporting the passage of Senate Bill 33, as recommended by Supervisor Stone

35.   APPROVED reappointment of Joan McVay to the Mental Health Advisory Board for a term to expire April 1, 2014, as recommended by Supervisor Stone

36.   APPROVED reappointment of various persons to at-large positions on the Emergency Medical Care Commission, Hazardous Materials Advisory Commission, and Latino Affairs Commission, as outlined, for terms to expire April 1, 2015, as recommended by Chairperson Stone

37.   ADOPTED RESOLUTION NO. 101-2011 for the submission of the Santa Cruz County Low Income Health Program; accepted and filed report on the Low Income Health Plan and approved related actions, as recommended by the Director of the Health Services Agency

38.   ADOPTED RESOLUTION NO. 102-2011 authorizing submittal of application for a CALTRANS community-based transportation planning grant and approved related actions, as recommended by the Planning Director

39.   SCHEDULED public hearing on Tuesday, April 5, 2011 at 9:00 a.m. or thereafter to consider a proposal to amend County Code Chapter 13.10 regarding regulations for fences, walls, and corner sight clearance triangles in required yards and approved related actions, as recommended by the Planning Director

40.   ADOPTED RESOLUTION NO. 103-2011 approving the 2011 Santa Cruz County Bicycle Plan; directed Public Works to submit the plan to the Santa Cruz County Regional Transportation Commission for certification as complying with the California Streets and Highways Code and the Regional Transportation Plan; directed staff to submit the plan to the California Department of Transportation for Bicycle Transportation Account funding eligibility after certification by the Santa Cruz County Regional Transportation Commission, as recommended by the Director of Public Works

41.   ADOPTED RESOLUTION NO. 104-2011 accepting and appropriating unanticipated revenue in the amount of $12,000 from the Monterey Bay Unified Air Pollution Control District for the purchase of an employee commuter van; approved transfer of funds in the amount of $15,000 and authorized the purchase of a commuter van in an amount not-to-exceed $27,000, as recommended by the Director of Public Works

42.   APPROVED independent contractor agreement with Nolte Associates, Inc. in the not-to-exceed amount of $28,510 for an independent structural review for the Quail Hollow Bridge Replacement Project through December 31, 2012, and approved related actions, as recommended by the Director of Public Works

43.   APPROVED participation in the ongoing maintenance and management of the Santa Cruz County Environmental Web Portal in the not-to-exceed amount of $1,000 per fiscal year beginning in 2010-2011 through June 30, 2012, as recommended by the Director of Public Works

44.   APPROVED the permit conditions for the Annual Strawberry Fields Forever XXI Bicycle Ride on May 15, 2011, and directed staff to issue the event permit, as recommended by the Director of Public Works

45.   APPROVED road closures and permit for the Davenport Cinco De Mayo Celebration on May 7, 2011, and directed staff to issue the event permit, as recommended by the Director of Public Works

46.   APPROVED plans and specifications and engineer's estimate for the County Service Area No. 34, Larsen Road Roadside turnouts and Widening Project and authorized calling for bids; set the bid opening on April 21, 2011 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on May 17, 2011 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

47.   APPROVED plans and specifications and engineer's estimate for the Storm Damage Repair, County Service Area No. 51, Hopkins Gulch Road Culvert Replacement Project and authorized calling for bids; set the bid opening on April 21, 2011 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on May 17, 2011 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

47.1.   ACCEPTED AND FILED annual report of the Soquel Village Parking and Business Improvement Area Advisory Board and approved related action, as recommended by the Redevelopment Agency Administrator

47.2.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED public hearing for Tuesday, May 17, 2011 at 9:00 a.m. or thereafter to consider adoption in concept of ordinances amending District Code for 2011-2012 water and sewer service charges; approved Notice of Public Hearing held and directed staff to mail the notice to all affected property owners at least 45 days prior to the public hearing; adopted RESOLUTION NO. 105-2011 approving annual contributions to the Capital Improvement Program, as recommended by the District Engineer

47.3.   OBJECTED to a sale by the Santa Cruz County Tax Collector of one tax-defaulted property; adopted RESOLUTION NO. 106-2011 approving and accepting the purchase of tax-defaulted property and authorizing the Chairperson to sign the agreement to purchase; authorized the Auditor-Controller to charge the Real Property budget $2,000 for the purchase of the County land, as recommended by the Director of Public Works

47.4.   AWARDED contract to Dietrich Iron Works, Inc. in the amount of $43,600 for the Election Polling Site Improvement Project and approved related actions, as recommended by the Director of General Services

REGULAR AGENDA

48.   Presentation made by the Women's Commission regarding completion of the Status of Women and Girls Report

49.   Continued public hearing to consider the recommendation of the Planning Commission regarding proposed amendments for minor exceptions to certain zoning standards, and providing new site standards for garages;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 107-2011 (Attachment 1) submitting the ordinance (Exhibit A) to the California Coastal Commission, and certifying the Negative Declaration (Attachment 3); and

(2) ADOPTED ORDINANCE NO. 5087, which includes adopting the changes recommended by the Planning Commission (Exhibit A to Attachment 1); with the following modifications: applicability within the Urban Services Line, and within La Selva Beach and Davenport within the Rural Services Line and noticing requirement shall be sent to owners and occupants of property within 100 feet of the subject parcel;

3) with the additional direction that staff return in March 2013 with a report about how this ordinance has been applied
LCaFCoM  

50.   CONSIDERED adopting an ordinance in concept adding Chapter 5.60 to the Santa Cruz County Code relating to the licensing of tobacco retailers;

approved "in concept" ordinance adding Chapter 5.60 to the Santa Cruz County Code relating to the licensing of tobacco retailers and to return on April 5, 2011 for final adoption
LCoPCas  

51.   Public hearing held on the County 2010-2011 Community Development Block Grant Economic Development Enterprise Fund application;

(1) opened public hearing, to take public testimony;

(2) closed public hearing; and

(3) directed Economic Development staff to return with an application in a future round of Community Development Block Grant Economic Development Enterprise Fund grant opportunities.
LPCoCaS  

52.   CONTINUED TO APRIL 5, 2011 to consider an ordinance amending Section 2.02.060 of the Santa Cruz County Code by adding new Subdivisions E and F relating to cap on increases to compensation for members of the Board of Supervisors
PLCoCaS  

53.   APPROVED appointment of Bud Winslow to the Housing Authority Board of Commissioners, as an at-large representative, for a term to expire on March 22, 2015
LPCoCaS  

54.   APPROVED reappointment of Steven R. Tronick to the Hazardous Materials Advisory Commission, as an at-large representative, for a term to expire on April 1, 2015
LPCoCaS  

55.   AS THE BOARD OF SUPERVISORS AND THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, considered report on the status of redevelopment legislation; approve allocation of funds to various capital improvement projects; direct staff to return with appropriate revisions to plans and specifications for the East Cliff Drive Parkway Project - 32nd Avenue to 41st Avenue on or before April 12, 2011 and related actions;

1) accepted and filed report;

2) AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, approved allocation of funds to various capital improvement projects as presented by Supervisor Coonerty with the following changes: a) Sheriff-Coroner Facility-$44,000,000 b) Economic Development Program-$0; approved transfer of funds to various projects as determined by the Board; directed staff to return with appropriate revisions to plans and specifications for the East Cliff Drive Parkway Project - 32nd Avenue to 41st Avenue on or before April 12, 2011 and approved related actions;

3) AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, authorized the Auditor-Controller to make minor adjustments as may be required, to written approval by the County Administrative Officer and the Redevelopment Agency Administrator; and

4) directed staff to return with revisions to plans and specifications for the East Cliff Drive Parkway Project - 32nd Avenue to 41st Avenue, as appropriate, on or before April 12, 2011;

5) motion to approve allocation of funds to various capital improvement projects as presented by Supervisor Coonerty with the following changes: a) Arana Gulch Pathway-$1,378,000 b) Twin Lakes Beachfront-$4,500,000 c) Sheriff's Facility-$43,000,000 d) Behavioral Health Unit-$6,500,000 e) Youth Center-$5,000,000; MOTION FAILED

6) motion to approve allocation of funds to various capital improvement projects as presented by Supervisor Coonerty with the following changes: a) Sheriff's Facility-$44,500,000 b) the East Cliff Parkway project amount reduced by $500,000 with the understanding the money would be replaced with Live Oak Transportation Improvement Area funds c) Economic Development Program-$0; MOTION FAILED

7) motion to approve allocation of funds to various capital improvement projects as presented by Supervisor Coonerty with the following changes: a) Sheriff's Facility-$44,000,000 b) Economic Development Program-$500,000 c) the East Cliff Parkway project amount reduced by $500,000 with the understanding the money would be replaced with Live Oak Transportation Improvement Area funds; MOTION FAILED

8) RECONSIDERED item to add the direction: staff to return with third party agreements for as many of these projects as possible by April 5, 2011 or sooner if necessary
(1) LCoPCaS  
(2) LCoPCaS  Motion to reconsider item

56.   CONSIDERED approval of reimbursement agreement with City of Santa Cruz Water Department in the amount of $24,352.83; considered adoption of a resolution for unanticipated revenue in the amount of $24,352.83 from the City of Santa Cruz Water Department; accept low bid in the amount of $626,625.00 from The Don Chapin Company, Inc. for the Eaton Street Improvement Project; authorized award of contract and related actions;

(1) approved reimbursement agreement between the City of Santa Cruz Water Department and the County of Santa Cruz in the amount of $24, 352.83 for costs related to the water system items on the Eaton Street Improvements Lake Avenue to 7th Avenue;

(2) authorized the Director of Public Works to sign the reimbursement agreement on behalf of the County of Santa Cruz;

(3) ADOPTED RESOLUTION NO. 108-2011 accepting and appropriating unanticipated revenue in the amount of $24,352.83 from the City of Santa Cruz Water Department;

(4) accepted the low bid from the Don Chapin Company, Inc., in the amount of $626,625 and authorized the award of the contract; and

(5) authorized the Director of Public works to sign the contract on behalf of the County of Santa Cruz.
CoLPCaS  

57.   CONSIDERED approval of a contract amendment with John Cahalan Landscape Architect in the amount of $72,138 for additional construction observation and construction administration services for the Felt Street Park Project, and related actions;

APPROVED amendment to agreement with John Cahalan Landscape Architect in the amount of $72,138 for additional construction observation and construction administration services for the Felt Street Park Project; and approved related actions.
PLCoCaS  

57.1.   CONSIDERED resolution approving property exchange for the East Cliff Drive Parkway Project; authorize the Chief Real Property Agent to negotiate a Land Exchange Agreement with the property owner and related actions;

(1) ADOPTED RESOLUTION NO. 109-2011 approving Property Exchange declaring the Board's intention to exchange a portion of right-of-way according to the provisions of California Government Code 25526 as outlined;

(2) authorized the Chief Real Property Agent to negotiate a Land Exchange Agreement with the Property Owner and prepare related documents necessary to effect the land exchange for the Board's consideration at the public meeting held pursuant to the Resolution approving Property Exchange; and

(3) scheduled April 12, 2011, at 9:00 a.m. or thereafter as the date and time to consider an agreement for the proposed property exchange.
PLCoCaS  

57.2.   CONSIDERED report and find there is a need to continue the state of emergency relative to the March 11, 2011 Tsunami event;

ACCEPTED AND FILED report on the need to continue the state of local emergency relative to the March 11, 2011 Tsunami.
CoPLCaS  

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.