Santa Cruz County Board of Supervisors Minutes: 9/24/2013

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2013, NUMBER 20
Tuesday, September 24, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas - NONE
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - thirteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 10, 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.   ACCEPTED and adopted the recommendation of the Mobilehome Commission that the reasonable rate of return for qualified mobilehome park capital improvements remain at twelve percent (12%), as recommended by County Counsel

11.   ADOPTED RESOLUTION NO. 199-2013 fixing and levying the 2013-2014 Tax Rates, as recommended by the Auditor-Controller

12.   ADOPTED RESOLUTION NO. 200-2013 approving the 2013-2014 budget for County Funds and Special Districts Governed by the Board of Supervisors per Exhibit A; cancelled various appropriations due to insufficient funding or contingency balances that exceed legal limitations as shown on Exhibit B, and referred to the County Administrative Office for a report back on any additionally needed actions; adopted RESOLUTION NO 201-2013 establishing the appropriation limitations for the County and Board Governed Special Districts as shown on Exhibit C; approved transfers of appropriations and adopted RESOLUTION NO. 202-2013 and RESOLUTION NOS 203-2013 accepting unanticipated revenue related to the prior fiscal year as shown on Exhibit D, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED reports from Probation and the Health Services Agency on the strategic planning and collaborative efforts regarding substance abuse treatment; directed Probation to return in April 2014 with a report regarding collaborative efforts addressing the impact of substance abuse within the criminal justice system; and directed Health Services staff to return on or before November 19, 2013 for approval of strategic planning consultant agreements and related actions, with an additional direction that Health Services staff return in six months with a status report on strategic planning and collaborative efforts

14.   ACCEPTED AND FILED report on the County's Economic Development Program and directed staff to return on or before October 29, 2013 with a further report, as recommended by the County Administrative Officer

15.   APPROVED independent contractor agreement in the not-to-exceed amount of $75,000 with the Santa Cruz County Veteran's Memorial Building Board of Trustees for the management, operation, and use of the Santa Cruz Veterans Memorial Building and approved related actions, as recommended by the County Administrative Officer

16.   APPROVED the response to the findings and recommendations in the 2012-13 Grand Jury Final Report and requested the Chairperson forward the County's response to the Presiding Judge, as recommended by the County Administrative Officer

17.   ADOPTED RESOLUTION NO. 204-2013 recognizing September 24, 2013 as National Voter Registration Day, as recommended by the County Clerk

18.   ACCEPTED the Notice of Completion for the Brommer Yard Roof Replacement Project-Phase I in Santa Cruz; approved the final cost of $43,209; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 205-2013 accepting and appropriating unanticipated revenue in the amount of $43,618 from the 2011 Urban Area Initiative grant program for disabled access emergency equipment and approved the fixed asset purchase, as recommended by the Director of General Services

20.   ACCEPTED the proposed ordinances from the autonomous fire protection districts of Aptos/La Selva, Ben Lomond, Boulder Creek, Branciforte, Central, Felton, Pajaro Valley, Scotts Valley and Zayante; directed the Office of Emergency Services/County Fire staff to transmit any comments the County may have to the autonomous fire districts by October 1, 2013; and directed staff to return on November 19, 2013 with the autonomous fire protection districts' adopted ordinances for the Board of Supervisors acceptance, modification, or denial, as recommended by the Director of General Services

21.   AUTHORIZED the Director of General Services to submit a grant application in the amount of $30,000 to the World Wildlife Foundation for the Community Choice Aggregation project activities on behalf of participating agencies in the Monterey Region Project Development Advisory Committee, as recommended by the Director of General Services

22.   APPROVED the Tentative Agreement with the General Representation Unit and adopted RESOLUTION NO. 206-2013 implementing provisions of the agreement, as recommended by the Director of Personnel

23.   APPROVED continuation of Furloughs for specified Bargaining Units; and adopted RESOLUTION NO. 207-2013 implementing the Furlough, as recommended by the Director of Personnel

24.   APPROVED the amendment to agreement with Johnson Electronics in the amount of $76,000 for data cabling services and approved related action, as recommended by the Director of Information Services

25.   ACCEPTED AND FILED report on the status of the Pretrial Program; endorsed the County's participation in piloting the Arnold Foundation's Pretrial Risk Assessment; directed Probation to return in May 2014 with a progress report on the pilot project and approved related actions; with an additional direction that the County Administrative Officer return at 2014-2015 Budget Hearings for consideration of adding two Probation Officers and the related costs

26.   ADOPTED RESOLUTION NO. 208-2013 to renew the agreement with the California Franchise Tax Board Court Ordered Debt Program for the collection of money owed to the Santa Cruz County Superior Court, as recommended by the Treasurer-Tax Collector

27.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending August 31, 2013, as recommended by the Treasurer-Tax Collector

28.   APPROVED purchase of a radio repeater system in the total amount of $25,000 and approved transfer of funds in the amount of $25,000, as recommended by the Sheriff-Coroner

29.   APPROVED appointment of Betsy Clark to the Human Services Commission for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

30.   APPROVED appointment of Bryan Chambers to the Housing Advisory Commission for a term to expire April 1, 2017, as recommended by Supervisor McPherson

31.   APPROVED appointment of Supervisor McPherson as Santa Cruz County's representative to the California State Association of Counties Board of Directors and Supervisor Leopold as the Alternate Director, for one year terms beginning November 19, 2013, as recommended by Chairperson Coonerty

32.   ACCEPTED AND FILED report on efforts to meet the need for primary care physicians in the Santa Cruz County healthcare sectors, as recommended by the Director of Health Services

33.   SEE ITEM NO. 63.1 REGULAR AGENDA

34.   APPROVED appointment of Erik Riera as the Behavioral Health Director, effective October 21, 2013, as recommended by the Director of Health Services

35.   APPROVED agreement with Weber, Hayes and Associates in the amount of $72,618 for petroleum contamination investigation and remediation services; and approved related action, as recommended by the Director of Health Services

36.   APPROVED revenue agreement with the California Office of Traffic Safety in the amount of $150,000, for competitive grant funded traffic safety education services to reduce distracted driving; and approved related action, as recommended by the Director of Health Services

37.   AUTHORIZED the payment of $5,000 from Zone 4 to the Resource Conservation District of Santa Cruz County to help fund the local share of a $224,074 project to remove the Branciforte Dam, as recommended by the Director of Health Services

37.1.   AUTHORIZED Health Services to notify the State of its tentative selection of the Savings Formula option pursuant to AB85 and to submit the State companion guide information to the State Department of Health Care Services to fully explore the potential redirection of Health Realignment as a result of the Savings Formula Option; directed staff to return with a formal recommendation and resolution informing the State of its chosen option prior to the State deadline and approved related actions, as recommended by the Director of Health Services

38.   APPROVED agreement with the Mental Health Client Action Network, increasing the total contract maximum amount to $279,353 for provision of mental health services, and authorized the Director of Health Services to sign, as recommended by the Director of Health Services

39.   DEFERRED the status report on Health Care Reform implementation activities to coordinate with the report back on HSD's tri-County regional Covered California outreach and education grant on October 1, 2013, as recommended by the Director of Human Services

40.   APPROVED agreements with Santa Cruz County Office of Education in the amount of $848,756 for provisions of Youth Services; with Cabrillo College in the amount of $54,000 for Adult and Dislocated Worker services; with Cabrillo College Small Business Development Center in the amount of $32,000 for retention and layoff aversion services; with Shoreline Development Workforce Services in the total amount of $180,500 for Adult, Dislocated and On-the Job Training, and enhanced WIA services, as recommended by the Director of Human Services

41.   AUTHORIZED the General Services Purchasing Agent to issue Request for Proposals for imaging software design, implementation, and training services, and directed the Human Services Department Director to return to the Board on or before December 17, 2013 for award of contract, as recommended by the Director of Human Services

42.   DEFERRED holding a public hearing on any proposed amendments to affordable housing regulations and directed staff to return on or before October 22, 2013 with a Request for Proposals to retain a qualified consultant to undertake an analysis of the structure of the County's Affordable Housing Program, as recommended by the Planning Director

43.   ACCEPTED AND FILED report on the Behavioral Health Unit Construction Project and directed Public Works to provide an update on or before October 29, 2013, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 209-2013 accepting and appropriating unanticipated revenue in the total amount of $90,000 from the Federal Highway Safety Improvement Program to the County Service Area (CSA) No. 9, Highway Safety and Lighting Budget; approved transfer of funds in the amount of $20,000 within CSA No. 9 Budget; approved Program Supplement to County-State Agreement in the amount of $90,000 funding for the Replace and Install Warning and Guide Signs Project; adopted RESOLUTION NO. 210-2013 authorizing execution of Program Supplement; and approved related action, as recommended by the Director of Public Works

45.   APPROVED contract change order in the amount of $14,522.06 for the Corralitos Road Left Turn Lane Project and approved related action, as recommended by the Director of Public Works

46.   APPROVED the final map of Tract 1572, The Habitat Tract; authorized the Director of Public Works to sign the Subdivision Agreement; directed the Clerk of the Board to execute the Board of Supervisors certificate and the Clerk of the Board's certificate and submit the final map to Public Works for recording with the County Recorder; and approved related actions, as recommended by the Director of Public Works

47.   APPROVED plans, specifications and engineer's estimate for the Graham Hill Road Guard Railing Project, and authorized calling for bids; set the bid opening for 2:15 p.m. on October 24, 2013; directed Public Works to return on November 19, 2013, with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

48.   APPROVED Program Supplement Agreements totaling $187,582 for the preliminary environmental investigations and design engineering phase of various storm damage repair projects and a bridge preventative maintenance project; adopted RESOLUTION NO. 211-2013 through RESOLUTION NOS. 215-2013 authorizing execution of program supplements; and approved related action, as recommended by the Director of Public Works

49.   DEFERRED report on draft Non-Exclusive Franchise Agreement for Roll-Off Box Waste to October 1, 2013, as recommended by the Director of Public Works

50.   RATIFIED amendment to agreement with SCS Field Services for monitoring, maintenance and regulatory compliance engineering of the County landfill gas control system by extending the term for gas well replacement work through July 31, 2013; and approved related actions, as recommended by the Director of Public Works

51.   ACCEPTED improvements and approved the final cost of $52,083 for County Service Area No. 37-Roberts Road Bridge Repair Project, and approved related actions, as recommended by the Director of Public Works

52.   ACCEPTED AND FILED report on the Green Valley Road Storm Damage Repair project, and directed Public Works to return on or before October 29, 2013, with a final project status update and related actions, as recommended by the Director of Public Works

53.   RATIFIED emergency contract with Granite Construction Company for the storm related Countywide Debris Removal Project - Phase II, as recommended by the Director of Public Works

54.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, DEFERRED approval of proposed agreement for the Recycled Water Feasibility Study for the Davenport Wastewater Treatment Plant until October 1, 2013, as recommended by the District Engineer

55.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, DEFERRED report on potential funding for replacement of Davenport Sanitation District sewer and water lines until January 2014, as recommended by the District Engineer

56.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ACCEPTED AND FILED report on the Behler Road emergency repair work, and directed staff to return on or before October 22, 2013, with a final project report and for approval of payment, as recommended by the District Engineer

57.   AS THE BOARD OF SUPERVISORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, ADOPTED RESOLUTION NO. 216-2013 approving the Long-Range Property Management Plan, as recommended by the County Administrative Officer

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Lichen Oaks Ranch, LLC v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV173247

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

59.   CONSIDERED approving in concept an ordinance deleting Chapter 7.124, deleting Section 13.10.670, amending the Commercial Uses Chart and the Definitions of the Zoning Ordinance and enacting new Chapter 7.124 of the Santa Cruz County Code, and approving a categorical exemption, all relating to Medical Marijuana; 1) directed County Counsel to return with the draft ordinance, incorporating the following revisions:

a)Section 7.124.040(B)- allow hours of operation from 8:00 a.m. to 10:00 p.m.;

b)Section 7.124.040(H)- include the members of the Board of Directors of the dispensaries/collectives in the LiveScan requirement, exclude felony convictions involving marijuana (with the exception of transportation or sales to minors) from the criteria for a failed LiveScan;

c) modify language in Section 7.124.040 (M) to allow for third party finding aid websites;

d) remove following language in Section 7.124.040 (O): six hundred (600) feet from a public park which includes children playground apparatus;

e) Section 7.124.040(P) shall be modified to ensure the dispensary has the name and phone number of the grower, the name and phone number of the owner, and the name and phone number of the licensed electrician, but not have those names out there in some way that could be used in a case against them;

f) add clarity in Section 7.124.070(A) regarding non-residential structures on a property and indoor versus outdoor cultivation and have staff report back on what it would take to enforce these regulations; and

g) Planning staff provide information relating to the cost of enforcement and what it would take to enforce when this ordinance returns for final adoption;

h) staff return six months after final adoption of the ordinance with a status report on the implementation of the ordinance;

2) Motion made by Supervisor Leopold to remove the date of January 1, 2012 from Section 7.124.040(a) and include language in the ordinance that anyone who opened a medical marijuana business during the moratoriums in Santa Cruz County shall not be eligible to open a dispensary upon adoption of these set of regulations; MOTION FAILED due to lack of a second
LFCaMCo

60.   CONSIDERED report on County's pavement condition and funding sources for road maintenance;

(1) ACCEPTED AND FILED report on the State of the County's pavement condition; and

(2) DIRECTED Public Works to return in early 2014 with a proposed contract to conduct a public opinion survey for support of funding measures for County roadways.
LFCaMCo

61.   Public hearing held to consider the Planning Commission's recommendation regarding an application to rezone a 1.2 acre portion of a 374.4 acre parcel (Assessor's Parcel Number 106-131-49) from residential agriculture to timber production to correct a split zoning (property located between the western side of Eureka Canyon Road and the northeastern side of Buzzard Lagoon Road approximately one-quarter mile north of Vaca Del Sol Road);

closed public hearing;

(1) CERTIFIED that the proposal is exempted from the requirements of the California Environmental Quality Act (CEQA); and

(2) ADOPTED ORDINANCE NO. 5162 amending Chapter 13.10 of the Santa Cruz County Code to change the zoning on a 1.2 acre portion of Assessor's Parcel Number 106-131-49, resulting from Lot Line Adjustment 08-0343, from the Residential Agriculture zone district to the Timber Production zone district.
FLCaMCo

62.   Public hearing held to consider the 2014 Growth Goal;

(1) OPENED public hearing on the setting of the Year 2014 Growth Goal;

(2) REFERRED matter to the planning Commission for consideration and recommendation to the Board of Supervisors; and

(3) CONTINUED the public hearing on this matter to December 10, 2013, with direction to staff to return with the recommendation of the Planning Commission and a resolution for final action.
LMFCaCo

63.   CONSIDERED approving in concept ordinance amending and updating the County Fire Code, Chapter 7.92 of the Santa Cruz County Code; adopt resolution setting November 19, 2013 at 9:00 a.m. or thereafter as the date for a public hearing to consider adoption of the International Fire Code 2012 Edition and the California Fire Code 2013 Edition and related actions;

(1) ADOPTED RESOLUTION NO. 217-2013 setting a public hearing on Tuesday, November 19, 2013 at 9:00 a.m. or thereafter to consider adoption of the International Fire Code 2012 Edition and the California Fire Code 2013 Edition with amendments; directed the Clerk of the Board to publish the Notice of Public Hearing in the manner prescribed by law;

(2) APPROVED "in concept" ordinance amending and updating the County Fire Code, Chapter 7.92 of the Santa Cruz County Code to return for final adoption on November 19, 2013; and

(3) APPROVED "in concept" resolution finding modification of State housing law reasonably necessary to return for final adoption on November 19, 2013

MFLCaCo

63.1.   ACCEPTED AND FILED the Los Altos Rod and Gun Club Environmental Action Plan Annual Report and additional dust/surface soil lab sample report; and directed Environmental Health Services to continue oversight of ongoing corrective actions and planned future monitoring programs at the Los Altos Rod and Gun Club and to report back in September 2014 to update the Board of Supervisors on the current status of the ongoing BMP implementation and environmental monitoring program; with the additional direction that Health Services/Environmental Health staff 1) respond to the Community Association for Life in the Mountains groups' rebuttal to the Health Risk Assessment prepared by Turner/Maclane Consulting; and 2) return to the Board with quarterly status reports on the ongoing environmental response activities
MCaLFCo

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