Santa Cruz County Board of Supervisors Minutes: 4/9/2013

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2013, NUMBER 8
Tuesday, April 9, 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.		Roll Call
2.		All Supervisors present
3.		ADDED to the Consent Agenda: Item No. 60.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - fifteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 19, 2013, as recommended by the Clerk of the Board

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.   REJECTED the claim of Irene E. Milburn, Claim No. 213-061, and referred to County Counsel

11.   REJECTED the application to file a late claim by Ludmila Boiko, Claim No. 213-063, and referred to County Counsel

12.   REJECTED the claim of Charles Haltuch, Claim No. 213-065, as insufficiently filed and referred to County Counsel

13.   ACCEPTED AND FILED the Auditor-Controller's report on Property Tax Administration Fees in the amount of $3,912,955 for fiscal year 2012-2013, as recommended by the Auditor-Controller

14.   ACCEPTED AND FILED the Single Audit Report of the County of Santa Cruz for the fiscal year ended June 30, 2012, as recommended by the Auditor-Controller

15.   APPROVED the contract amendment increasing the single audit fee by $26,225 to $40,000 for auditing up to eight major programs, increasing the fee by an additional $5,000 for each major program beyond eight if necessary; and approved related actions, as recommended by the Auditor-Controller

16.   AUTHORIZED the Auditor-Controller to transfer the warrants listed on Attachment A in the amount of $9,560.16 to the General Fund, as recommended by the Auditor-Controller

17.   ADOPTED RESOLUTION NO. 66-2013 opposing Assembly Bill 741, which would reduce the County's share of property taxes, and directed the Chairperson of the Board to send a letter to the County's State representatives asking they oppose this legislation, as recommended by the County Administrative Officer

18.   APPROVED amendment to the Front Street Annex Lease and approved related actions, as recommended by the County Administrative Officer

19.   APPROVED request for transfer of budget appropriations in the amount of $24,995 within the Child Support Services budget; adopted RESOLUTION NO. 67-2013 accepting and appropriating unanticipated revenue in the amount of $24,995 from the Child Support Services Department to the General Services Fleet Budget; authorized Fleet Services to purchase a vehicle for the Child Support Services Department, as recommended by the Directors of Child Support Services and General Services

20.   ADOPTED RESOLUTION NO. 68-2013 accepting and appropriating $432,000 from the 2012 Urban Area Security Initiative grant program; approved fixed assets allocated to the Information Services Department and the Sheriff's Office; authorized the General Services Director to execute the grant agreement on behalf of the County of Santa Cruz Operational Area, as recommended by the Director of General Services

21.   ADOPTED RESOLUTION NO. 69-2013 accepting and appropriating $252,000 from the 2011 Urban Area Security Initiative grant program for radio infrastructure enhancements, medical supplies, and medical disaster planning; approved fixed assets allocated to the Information Services Department and authorized the General Services Director to execute the grant agreement on behalf of the County of Santa Cruz Operational Area, as recommended by the Director of General Services

22.   ACCEPTED status report on the South Santa Clara County Fire District contract with Santa Cruz County Fire for emergency response into the area of Santa Clara County known as the Loma Prieta-Hicks Road-Uvas area and directed staff to return on or before October 29, 2013 with an updated report, as recommended by the Director of General Services

23.   AUTHORIZED County Fire to purchase a 1993 HME Type 1 fire engine from the Felton Fire Protection District in the amount of $11,000; approved transfer of funds in the amount of $11,000 within the County Fire budget; adopted RESOLUTION NO. 70-2013 accepting and appropriating funds in the amount of $11,000 into the General Services Fleet budget, as recommended by the Director of General Services

24.   ADOPTED RESOLUTION NO. 71-2013 accepting and appropriating unanticipated 2010 Homeland Security Grant Funds in the amount of $5,199 and approved the purchase of large area rescue rope, as recommended by the Director of General Services

25.   APPROVED the recommended revisions to the Commission on the Environment's By-Laws, as recommended by the Director of General Services

26.   APPROVED plans and specifications for the Main Jail Dental Room Installation Project; directed General Services to advertise for bids and set the bid opening on May 7, 2013 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

27.   DECLARED certain used County vehicles and equipment to be surplus and directed General Services to arrange for their disposition, as recommended by the Director of General Services

28.   APPROVED lease amendment with AT&T for ground space at the County's Graham Hill property and approved related actions, as recommended by the Director of Information Services

29.   APPROVED transfer of appropriations in the amount of $10,000 within the Probation Department budget and ratified emergency expenditure of funds in the amount of $10,000 for the purchase of two replacement touch screen monitors at Juvenile Hall, as recommended by the Chief Probation Officer

30.   DELETED ITEM

31.   ADOPTED RESOLUTION NO. 72-2013 in support of Assembly Bill 416, the Local Emission Reduction Program, and approved related actions, as recommended by Supervisors Coonerty and McPherson

32.   APPROVED appointment of Robert J. Pursley Jr. to the Civil Service Commission for a term to expire December 31, 2015, as recommended by Supervisor Friend

33.   APPROVED appointment of John Hunt to the Commission on the Environment for a term to expire April 1, 2017, as recommended by Supervisor Friend

34.   APPROVED appointment of Tom Honig to the Housing Advisory Commission for a term to expire April 1, 2017, as recommended by Supervisor Friend

35.   APPROVED appointment of Liseth Guizar to the Latino Affairs Commission for a term to expire April 1, 2017, as recommended by Supervisor Friend

36.   ADOPTED RESOLUTION NO. 73-2013 supporting the passage of Senate Bill 510, relating to rental mobilehome park conversion, as recommended by Supervisor Leopold

37.   ADOPTED RESOLUTION NO. 74-2013 supporting comprehensive immigration reform, as recommended by Supervisor Leopold

37.1.   APPROVED appointment of Mariah Roberts to the Parks and Recreation Commission for a term to expire April 1, 2017, as recommended by Supervisor Leopold

38.   ACCEPTED nomination of Christina Cuevas for appointment to the First 5 Commission, as an at-large representative of a community-based organization, for a term to expire April 1, 2014, with final appointment to be considered on April 16, 2013, as recommended by Supervisor McPherson

39.   APPROVED appointment of Matt Freeman to the Fish and Game Advisory Commission for a term to expire April 1, 2017, as recommended by Supervisor McPherson

40.   APPROVED appointment of Morgan Scarborough to the Fish and Game Advisory Commission for a term to expire April 1, 2017, as recommended by Supervisor McPherson

41.   ACCEPTED AND FILED the Commission on Disabilities report for calendar years 2011 and 2012, and approved related action, as recommended by Chairperson Coonerty

42.   ACCEPTED notification of an at-large vacancy on the Housing Authority Board of Commissioners, for a tenant representative over 62 years of age, with nominations for appointment to be received on April 23, 2013, and final appointment to be considered on May 14, 2013, as recommended by Chairperson Coonerty

43.   APPROVED appointment of Jodee Noll to the Domestic Violence Commission, as the representative of Sutter Maternity & Surgery Center, for a term to expire April 1, 2017, as recommended by Chairperson Coonerty

44.   APPROVED appointment of Jan Sinkler to the Domestic Violence Commission, as the representative of Dominican Hospital, for a term to expire April 1, 2017, as recommended by Chairperson Coonerty

45.   APPROVED appointment of Charles Levine to the In-Home Supportive Services Advisory Commission, as the representative of the Senior's Commission, for a term to expire April 1, 2017, as recommended by Chairperson Coonerty

46.   APPROVED appointment of Aquiles Borge to the Latino Affairs Commission, as an at-large representative of the City of Watsonville, for a term to expire April 1, 2017, as recommended by Chairperson Coonerty

47.   APPROVED agreement with the County of Los Angeles in an amount not-to-exceed $1,000 per year for County of Los Angeles fiscal intermediary services and an estimated cost of $40,000 per year for Department of Health Care Services administrative cost reimbursement, and approved related actions, as recommended by the Director of Health Services

48.   APPROVED agreement with Diamond Drugs, Inc. for provision of pharmacy services at County operated correctional facilities and approved related actions, as recommended by the Director of Health Services

49.   APPROVED managed intergovermental transfer agreements with State Department of Health Care Services in the amount of $2,848,403 for managed care services and approved amendments to the revenue agreement with Central California Alliance for Health for continuation of intergovernmental transfer and provision of managed care services and approved related actions, as recommended by the Director of Health Services

50.   AUTHORIZED the Health Services Director to sign the State Water Resources Control Board Underground Storage Tank Local Oversight Program Agency Application for Certification and directed Environmental Health to complete any additional application documents required for consideration of program certification, as recommended by the Director of Health Services

50.1.   APPROVED amendment to agreements with HP Enterprise Services, LLP in the amount of $2,483,758, extending the agreement for CalWin Automation services through July 31, 2015; and with the Community Action Board, increasing the amount by $102,000 for the CalWORKS Emergency Payments Program on fiscal year 2012-2013; approved agreement with the California State Association of Counties in the amount of $62,637 to provide continued Welfare Client Data System management for fiscal year 2013-2014; adopted RESOLUTION NO. 75-2013 accepting unanticipated revenue in the amount of $118,000 into the Information Services Department budget and authorized the purchase of technology related fixed assets; adopted RESOLUTION NO. 76-2013 accepting and appropriating unanticipated revenue in the amount of $993,851 into the Human Services budget as outlined; approved transfer of funds within the Human Services Department budget, and approved related actions, as recommended by the Director of Human Services

51.   ACCEPTED AND FILED report on the Williamson Act Program and approved related action, as recommended by the Planning Director

52.   SCHEDULED public hearing on Tuesday, May 14, 2013 at 9:00 a.m. or thereafter, for appeal of Fire Marshal determination on building permit application B124230 for Assessor's Parcel Number 088-141-68, and directed the Clerk of the Board to take related actions, as recommended by the Planning Director

53.   ACCEPTED AND FILED report on Transportation Improvement Area fees and approved related actions, as recommended by the Director of Public Works

54.   APPROVED amendment to agreement with Nolte Associates, Inc., increasing compensation by $14,180 for a not-to-exceed total of $417,762 and increasing the scope of work to provide additional geotechnical services related to an existing crib wall in Earl Creek for the Old County Road Bridge Replacement Project, as recommended by the Director of Public Works

55.   APPROVED permit conditions for the 2013 Strawberry Fields Forever Bicycle Ride Event, and approved related action, as recommended by the Director of Public Works

56.   APPROVED plans and specifications and engineer's estimate for the Eureka Canyon Road Storm Damage Repair Project; authorized calling for bids and set the bid opening on May 16, 2013 at 2:15 in the Public Works Conference Room; directed staff to return on or before June 11, 2013 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

57.   APPROVED specifications and engineer's estimate for the Clean Paint Timber Bridge Rails project; authorized calling for bids and set bid opening on May 9, 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 the contract; and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

58.   APPROVED the road closure and permit for the Aptos 4th of July Parade and approved related action, as recommended by the Director of Public Works

59.   AUTHORIZED the Clerk of the Board to make a partial release of the Faithful Performance Security submitted for Tract 1550 Canterbury Park, as recommended by the Director of Public Works

60.   AUTHORIZED the Clerk of the Board to release the remaining Faithful Performance/Monument Security in the amount of $260,000 for Tract 1502, Silver Oaks of Aptos, Phase 1, as recommended by the Director of Public Works

60.1.   ACCEPTED AND FILED report of the Women's Commission regarding the gender survey and approved related actions, as recommended by the Director of Personnel

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

62.   Public meeting on the modification of the Santa Cruz County Tourism Marketing District

(1) opened public meeting, to hear comments from the public and any protests from properties subject to District Assessments;

(2) closed public hearing;

(3) directed staff to return on May 14, 2013 for the required public hearing to modify the county-wide Tourism Marketing Improvement District; and

(4) requested that the Santa Cruz County Conference and Visitors Council take the required actions to include the requested revisions in Attachment A in the District Plan prior to the public hering on May 14, 2013
MFLCaCo

63.   Public hearing held to consider 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 Santa Cruz 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;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 77-2013 affirming that the proposed amendments are exempt from review under the California Environmental Quality Act and directing the Planning Director to submit the proposed amendments to the California Coastal Commission for certification; and

(2) ADOPTED ORDINANCE NO. 5151 approving the proposed ordinance changes to County Code Sections 13.10.312(A), 13.10.312(B), 13.10.313(A)(1) and 13.10.636 as shown in

Attachment 2
LCaFMCo

64.   CONTINUED TO APRIL 16, 2013 public hearing to consider amendments to County Code Section 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 consistency

LMFCaCo

65.   Public hearing held 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;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 78-2013 finding the proposed ordinance and General Plan/Local Coastal Plan exempt from further review under the California Environmental Quality Act, adopting the General Plan/Local Coastal Plan amendment, and directing submittal of the amendment to the Coastal Commission in the next round of Local Coastal Program proposed amendments to be considered by the Coastal Commission; and

(2) ADOPTED ORDINANCE NO 5152 and directed submittal of the ordinance to the Coastal Commission in the next round of Local Coastal Program proposed amendments to be considered by the Coastal Commission
LFCaMCo

66.   CONSIDERED report and recommendations regarding affordable housing regulations that apply when property is rezoned from non-residential to residential use;

(1) directed staff to prepare appropriate amendments to Chapter 13.10, the Zoning Ordinance; and to Chapter 17.10, the Affordable Housing Requirements, to include the recommended changes reviewed in the letter of the Planning Director dated March 13, 2013 to the Board; and bring the proposed changes before the Housing Advisory Commission and the Planning Commission at public hearings for their review and recommendations, with the additional direction that these two commissions explore the diversity of the affordable housing that is part of the 25 percent; and

(2) scheduled a public hearing on September 24, 2013 to consider the proposed amendments to Chapter 13.10 and 17.10
FMLcaCo

67.   CONSIDERED adoption of ordinance ending a temporary moratorium on the establishment of commercial operations engaged in the sale of firearms by repealing Ordinance 5149;

(1) opened and conducted public hearing on the proposed ordinance repealing Ordinance No. 5149 effective April 18, 2013;

(2) closed public hearing; and

(3) ADOPTED ORDINANCE NO. 5153, repealing Ordinance No. 5149 Ending the Temporary Moratorium on the Establishment of Commercial Operations Engaged in the Sale of Firearms and/or Ammunition within the Unincorporated Area of Santa Cruz County
CaLFMCo

68.   CONSIDERED report on federal health care reform and its impacts on Santa Cruz County and related actions;

(1) accepted and filed report on federal health care reform and its impacts on Santa Cruz County;

(2) directed the Health Services Agency to continue to closely monitor federal and state activities regarding the Patient Protection and Affordable Care Act and to report back for necessary Board action;

(3) directed the Health Services Agency to continue to collaborate with and support the California State Association of Counties, County Health Executives Association of California and California Mental Health Directors Association on Patient Protection and Affordable Care Act efforts; and

(4) continued to support the County of Santa Cruz's commitment to protecting and supporting the safety net health system in order to provide appropriate health care access to the medically indigent and underserved throughout the County; and

(5) with the additional direction that Health Services return during budget hearings with a report on meeting the need of the primary care physician, both in the private and public sector
LCaFMCo

69.   PRESENTATION made on the status of the Human Services Department's planning for Health Care Reform implementation;

(1) accepted and filed report;

(2) approved addition of staff positions and return during Supplemental Budget Hearings with a report on additional costs for these positions to be included in the FY 2013-14 budget;

(3) authorized the Human Services Department Director to sign a contract amendment with InTelegy Inc. increasing the contract by $60,500 to provide additional services related to Health Care Reform planning;

(4) authorized the Human Services Department Director to sign a contract amendment with Arc Tec Inc. in the amount of $25,000 to design Health Care Reform related facility improvements to the 1020 Emeline Application Center;

(5) ADOPTED RESOLUTION NO. 79-2013 accepting and appropriating unanticipated revenue in the amount of $650,963, including $110,463 for additional positions, $60,500 for the InTelegy Inc. contract amendment, $25,000 for planning and architectural services, and $455,000 for the North County site facility improvements; and

(6) directed the Human Services Director to return in September 2013 with a status report on Health Care Reform implementation activities
LMFCaCo

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