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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2013, NUMBER 7
Tuesday, March 19, 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 No. 65.1 and Item No. 65.2
4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - Seventeen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of February 26, 2013 and March 5, 2013, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 28, 2013 through March 13, 2013 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.   ADOPTED ORDINANCE NO. 5150 adding Chapter 5.62 to the Santa Cruz County Code relating to the regulation of firearms dealers

11.   REJECTED the claim of Kelly Klett, Claim No. 213-046, as insufficiently filed and referred to County Counsel

12.   REJECTED the Claim of William G. Laughlin, Claim No. 213-058, as insufficiently filed and referred to County Counsel

13.   REJECTED the Claim of Daniel P., a minor, through his guardian Janet L. Sanders, Claim No. 213-060A, and referred to County counsel

14.   REJECTED the Claim of Janet L. Sanders, Claim No. 213-060B, and referred to County Counsel

15.   REJECTED the Claim of Larry Sanders, Claim No. 213-060C, and referred to County Counsel

16.   ADOPTED revised Board Meeting schedule for calendar year 2013 which would cancel the meeting currently scheduled for May 7th and scheduled a meeting to be held on May 14th; directed staff to distribute the 2013-14 Proposed Budget to the Board of Supervisors and the public on or before May 7, 2013; rescheduled the Davenport County Sanitation District and Freedom County Sanitation District sewer and water charge public hearings currently scheduled for May 7th to be heard on May 14, 2013, at 9:00 a.m.; approved revised Notices of Public Hearing and directed Public Works to provide the required notices to all affected property owners; and directed the Clerk of the Board to publish the required Notices of Public Hearing, as recommended by the County Administrative Officer

17.   ADOPTED RESOLUTION NO. 53-2013 of intention to modify the Santa Cruz County Tourism and Marketing District Plan; scheduled a public meeting Tuesday, April 9, 2013 at 9:00 a.m. or thereafter; and scheduled a public hearing on Tuesday, May 14, 2013 at 9:00 a.m. or thereafter to consider the proposed district modifications; and directed Clerk of the Board to take related actions, as recommended by the County Administrative Officer

18.   ACCEPTED AND FILED report on the May and June Special Elections, and adopted RESOLUTION NO. 54-2013 accepting and appropriating revenue to conduct the 2013 Special Elections and to provide sufficient appropriations through June 30, 2013, as recommended by the County Clerk

19.   APPROVED amendment to agreement with Constellation Justice Systems in the amount of $71,950 to purchase JWorks eDisclosure, eReferral and Court Sentencing and Disposition Interface module additions to the District Attorney's case management system; adopted RESOLUTION NO. 55-2013 accepting and appropriating unanticipated revenue in the amount of $83,962 from drug forfeiture proceeds and other revenue to finance the proposed upgrade and approved related actions, as recommended by the District Attorney and the Director of Information Services Department

20.   APPROVED amendment to contract with Vanir Construction Management, increasing the amount by $109,889 for a not-to-exceed total of $765,973 for additional subconsultant, testing and geotechnical inspections for the repair of the Santa Cruz Veterans Memorial Building and approved related actions, as recommended by the Director of General Services

21.   APPROVED amendment to agreement with Eschaton Foundation, extending the term of contract for the period July 1, 2012 through June 30, 2013 and modifying the number of parking spaces available for County employee parking at the Resource Center for Non-Violence, and approved related actions, as recommended by the Director of General Services

22.   ACCEPTED the Notice of Completion for the 1020 Emeline Security Door Project in Santa Cruz and approved final cost of $35,847 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

23.   APPROVED Reserve Fire Engine Loan Agreement for loan of County Fire reserve engine E-3911 to Morgan Hill Fire Department (MHFD); authorized Chief Scott Jalvert to execute the Reserve Fire Engine Loan Agreement on behalf of the County of Santa Cruz Fire Operational Area; and directed staff to return to the Board on or before April 23, 2013 with the finalized lease agreement with MHFD, including the contract for compensation to County Fire, as recommended by the General Services Director

24.   ACCEPTED AND FILED report on Community Television and directed Information Services to return with a further report on April 16, 2013, as recommended by the Director of Information Services

25.   DEFERRED the Women's Commission Report on The Gender Survey to April 9, 2013, as recommended by the Personnel Director

26.   ACCEPTED AND FILED the Treasurer's monthly investment Transaction Report for the period ending February 28, 2013, as recommended by the Treasurer-Tax Collector

27.   APPROVED reappointment of Toni Campbell to the First 5 Commission for a term to expire April 1, 2014, as recommended by Supervisor Leopold

28.   APPROVED reappointment of Maria Correia and Virginia Gomez to the Mental Health Advisory Board for terms to expire April 1, 2016, as recommended by Supervisor Leopold

29.   APPROVED reappointment to Dr. Salem Magarian to the First 5 Commission for a term to expire April 1, 2014, as recommended by Supervisor Friend

30.   APPROVED appointment of Tiffany Wise-West to the Commission on the Environment for a term to expire April 1, 2013, and thereafter for a term to expire April 1, 2017, as recommended by Supervisor Friend

31.   APPROVED appointment of Howie Schneider to the Commission on Disabilities for a term to expire April 1, 2013, and thereafter for a term to expire April 1, 2017, as recommended by Supervisor Friend

32.   APPROVED reappointment of various persons to County advisory bodies, as outlined, for terms to expire April 1, 2017, as recommended by Supervisor Friend

33.   APPROVED reappointment of William Lewis to the Mental Health Advisory Board for a term to expire April 1, 2016, as recommended by Supervisor Coonerty

34.   APPROVED reappointment of Jim Marshall to the First 5 Commission for a term to expire April 1, 2014, as recommended by Supervisor Coonerty

35.   APPROVED reappointment of Faris Sabbah to the First 5 Commission for a term to expire April 1, 2014, as recommended by Supervisor Caput

36.   APPROVED reappointment of Kathy Frandle to the First 5 Commission for a term to expire April 1, 2014, as recommended by Supervisor McPherson

37.   APPROVED reappointment of various persons to County advisory bodies, as outlined, for terms to expire April 1, 2017, as recommended by Supervisor McPherson

38.   APPROVED reappointment of various persons to County advisory bodies, as outlined, for terms to expire April 1, 2017, as recommended by Supervisor Leopold

39.   ADOPTED RESOLUTION NO. 56-2013 supporting the passage of Senate Constitutional Amendment 11, which would lower the vote threshold for ballot measures, raising most local special taxes from 2/3 to 55%, as recommended by Supervisor Coonerty and Leopold
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40.   AUTHORIZED the Chairperson to prepare a proclamation to be signed by each member of the Board honoring the many contributions of Leon E. Panetta, as recommended by Supervisors Coonerty and Friend

41.   APPROVED appointment of Frank Siri to the Santa Cruz County Flood Control and Water Conservation District-Zone 7 Board of Directors, as a non-voting member, for a term to begin on April 1, 2013, and to end on April 1, 2017, as recommended by Supervisor Friend

42.   APPROVED amendment to agreement with the Community Action Board, increasing the amount by $11,578 to an amount not-to-exceed $169,922, for provision of Maintaining Ongoing Stability through Treatment (MOST) program supervised work and employment development services; approved the transfer of funds in the amount of $11,578 for fiscal year 2012-2013 to fund coordinated MOST program services and approved related actions, as recommended by the Directors of Health Services and Probation

43.   DEFERRED the Annual Report on Hospital Services and Access to Care to April 23, 2013, as recommended by the Director of Health Services

44.   APPROVED amendment to agreement with First 5 of Santa Cruz County, increasing the amount by $12,500, for a not-to exceed total of $218,559, for mental health prevention and early intervention services and approved related actions, as recommended by the Director of Health Services

45.   APPROVED amendments to agreements with the Santa Cruz Community Counseling Center, Inc., decreasing the contract amount by $30,000 to $6,922,603; and with the Senior Council of San Benito and Santa Cruz Counties, increasing the amount by $6,850 for a not-to exceed total of $27,400 and approved related actions, as recommended by the Director of Health Services

46.   AUTHORIZED the Health Services Agency to submit a grant application to the Office of Juvenile Justice Delinquency Prevention to support the Family Preservation Court, as recommended by the Director of Health Services

47.   ACCEPTED AND FILED the annual report on ambulance diversions and hospital restricted status and directed the Health Services Agency to return with an updated annual report in March 2014, as recommended by the Director of Health Services

48.   APPROVED amendment to contract with Siemens Enterprise Communications, Inc., increasing the amount by $290,192 for a not-to-exceed total of $468,777 for call center phone system expansion, and approved transfer of funds in the amount of $284,692 and approved related actions, as recommended by the Director of Human Services

49.   ADOPTED RESOLUTION NO. 57-2013 supporting the passage of Senate Bill 480 and directed the Chairperson to communicate our support for this legislative delegation and authorized the Human Services Department and Probation Department, on behalf of the County of Santa Cruz, to join the City and County of San Francisco as co-sponsor of the legislation, as recommended by the Director of Human Services

50.   ADOPTED RESOLUTION NO. 58-2013 supporting the passage of AB 197 and directed the Chairperson to communicate our support to the legislative delegation, as recommended by the Director of Human Services

51.   SEE ITEM NO. 71.1 REGULAR AGENDA

52.   APPROVED Community Development Block Grant sub-recipient agreement between the County and the Santa Cruz Women's Health Center in the not-to-exceed amount of $46,250 for a feasibility study and development plan to explore a proposed expansion of the Women's Health Center, and approved related actions, as recommended by the Planning Director

53.   SCHEDULED public hearing on Tuesday, April 9, 2013, at 9:00 a.m. or thereafter, to consider amendments to General Plan/Local Coastal Program Policy 8.6.4 and Santa Cruz County Code Chapters 13.10 and 13.11, to reduce the threshold for discretionary review of large dwellings from 7,000 square feet to 5,000 square feet, and approved related actions, as recommended by the Planning Director

54.   SCHEDULED public hearing on Tuesday, April 9, 2013 at 9:00 a.m. or thereafter, to consider an ordinance proposing addition of Section 13.10.312(A)(3) and amendments of Sections 13.10.312(B), 13.10.313(A)(1) and 13.10.636 of the County Code to clarify agricultural hoop houses as a type of greenhouse to establish permit requirements for hoop houses, and to allow for reduced zoning setbacks for soil-dependent greenhouses and hoop houses (Chapter 13.10 is a coastal implementing ordinance), as recommended by the Planning Director

55.   SCHEDULED public hearing for Tuesday, April 23, 2013, at 9:00 a.m. or thereafter to consider Application #121242 (James Hildreth for Eloise L. Wilson, Trustee) a proposal to rezone Assessor's Parcel Number 106-141-15, an approximately 24.5 acre parcel from Special Use (SU) to Timber Production, located on the east side of Tindall Ranch Road, approximately 1 mile east of the intersection of Tindall Ranch Road and Eureka Canyon Road, and approved related actions, as recommended by the Planning Director

56.   AUTHORIZED the Planning Director to amend a contract with The Planning Center/Design, Community & Environment to prepare the Santa Cruz County Sustainable Community and Transit Corridors Plan to reallocate funds among the tasks without affecting the total contract amount, and approved related actions, as recommended by the Planning Director

57.   ADOPTED RESOLUTION NO. 59-2013 approving the grant of easement for communications infrastructure-Boulder Creek Library and authorizing the Chairperson of the Board to execute the grant of easement; directed Real Property to approve related actions, as recommended by the Director of Public Works

58.   APPROVED recommendation to declare property at Brommer Street and Bulb Avenue as surplus to the County's needs; adopted RESOLUTION NO. 60-2013 for sale of surplus County property on Brommer Street and Bulb Avenue (portion Assessor's Parcel Number 031-122-06); authorized the Director of Public Works to execute a Memorandum of Agreement for Sale of Excess County Property; authorized the Chairperson of the Board to execute a grant deed for a portion of the subject property; and directed Real Property to take related actions, as recommended by the Director of Public Works

59.   SEE ITEM NO. 71.2 REGULAR AGENDA

60.   APPROVED plans and specification and engineer's estimate for the Alba Road Storm Damage Repair Project, and authorized calling for bids; set the bid opening for 2:15 p.m. on April 18, 2013, directed Public Works to return on May 14, 2013, with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

61.   APPROVED Program Supplement Agreement for $54,711 in revenue for preliminary environmental investigations and design engineering for the Branciforte Drive Storm Damage Repair Project, adopted RESOLUTION NO. 61-2013 authorizing execution of County-State agreement, and approved related action, as recommended by the Director of Public Works

62.   APPROVED road closures and permit for the May 4, 2013 Davenport Cinco de Mayo Celebration, and approved related action, as recommended by the Director of Public Works

63.   DELETED ITEM

64.   AS THE BOARD OF SUPERVISORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, ADOPTED RESOLUTION NO. 62-2013 through RESOLUTION NUMBERS 64-2013 accepting unanticipated revenue in various agency accounts for 2012-13, as recommended by the County Administrative Officer

65.   AS THE BOARD OF SUPERVISORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, APPROVED realignment of appropriations within the Plant Acquisition Fund for 2012-13, as recommended by the County Administrative Officer

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPTED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (d)(2) of Government Code Section 54956.9 for one (1) potential case

REPORT OF COUNTY COUNSEL - The Board of Supervisors by unanimous vote, agreed to a settlement of a dispute known as the Property Tax Administration Fee, a dispute between the Cities of Capitola and Santa Cruz. The County has authorized payment to the City of Capitola of $108,815 and to the City of Santa Cruz in the amount of $369,053. These settlements will completely resolve the property Tax Administration Fee disputes between these Cities and the County of Santa Cruz.

65.2.   ADOPTED RESOLUTION NO. 65-2013 supporting the passage of Senate Bill 4, which would provide comprehensive regulation of fracking, as recommended by Supervisors Coonerty and Leopold

REGULAR AGENDA

66.   Public hearing held to consider the 2012 Annual General Plan Report;

closed public hearing;

(1) ACCEPTED AND FILED 2012 Annual General Plan Report;

(2) DIRECTED the Planning Director to provide copies of the 2012 Annual General Plan Report to the Office of Planning and Research and the Department of Housing and Community Development, as required by State law
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67.   CONTINUED TO APRIL 9, 2013 consideration of report and recommendations regarding Affordable Housing Regulations that apply when property is rezoned from Non-Residential to Residential use
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68.   CONSIDERED the 2012 Safety Net Clinic Coalition Report to the Community

(1)ACCEPTED AND FILED the Safety Net Clinic Coalition Report to the Community 2012: Improving Access and Reducing Disparities in the Era of Health Care Reform
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69.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 7 to convene and carry out regularly scheduled meeting

70.   APPROVED reappointment of Cecilia Espinola and Giang T. Nguyen to the First 5 Commission, as at-large representatives, for terms to expire April 1, 2014
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71.   APPROVED reappointment of various persons to at-large positions on the Child Care Planning Council, Emergency Medical Care Commission, Hazardous Materials Advisory Commission, In-Home Supportive Services Advisory Commission, Mobile and Manufactured Home Commission, Santa Cruz-Monterey-Merced Managed Medical Care Commission, and Water Advisory Commission, as outlined, for terms to expire April 1, 2017
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71.1.   ACCEPTED AND FILED report regarding the implementation of the Minor Exceptions and Garage Standards Ordinance and directed staff to prepare an ordinance for consideration by the Planning Commission implementing the recommendations in the report, as recommended by the Planning Director
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71.2.   Approve permit for the 2013 "First Days of Summer" Motorcycle Ride event scheduled for April 6, 2013, and take related action, as recommended by the Director of Public Works

NO ACTION TAKEN

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.