Santa Cruz County Board of Supervisors Minutes: 2/11/2014

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2014, NUMBER 3
Tuesday, February 11, 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
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 - 13 people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of January 28, 2014, 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.   ADOPTED ORDINANCE NO. 5171 amending sections 13.10.333, 13.10.335 and 13.10.552 of the Santa Cruz County Code relating to visitor accommodations
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11.   ADOPTED ORDINANCE NO. 5172 amending subsection (4) of subdivision (h) of section 13.10.324, Section 13.10.581 and subsection (A) of subsection (1) of subdivision (f) of section 13.11.072, and adding section 13.10.587 to the Santa Cruz County Code, all relating to sign exceptions

12.   ADOPTED ORDINANCE NO. 5173 adding Chapter 12.25 to the Santa Cruz County Code relating to telecommunications infrastructure improvements

13.   ADOPTED ORDINANCE NO. 5174 amending Section 3.12.040 of the Santa Cruz County Code relating to exemptions from Civil Service

14.   SEE ITEM NO. 49.1 REGULAR AGENDA

15.   APPROVED the transfer of $20,000 from fiscal year 2013-2014 funds within the Mosquito and Vector Control County Service Area 53 budget for the purchase of a mini-airboat and trailer, as recommended by the Agricultural Commissioner

16.   ACCEPTED AND FILED report on the Whistleblower Hotline Activity for calendar year 2013, as recommended by the Auditor-Controller

16.1.   ACCEPTED AND FILED report on future funding sources to enforce the County's medical cannabis regulations; with additional direction staff report back May 6, 2014 on the Code Enforcement effort

17.   ADOPTED RESOLUTION NO. 21-2014 implementing Senate Bill 510 relating to requirements for conversion of Rental Mobilehome park to resident ownership, as recommended by County Counsel

18.   DENIED claim for refund of property taxes by Barbara J. Rios, as recommended by County Counsel

19.   SEE ITEM NO. 49.2 REGULAR AGENDA

20.   SCHEDULED a public hearing on Tuesday, February 25, 2014 at 9:00 a.m. or thereafter for special consideration regarding Application No. 131269, a request to demolish and reconstruct a single family dwelling, as recommended by the Clerk of the Board

21.   AUTHORIZED General Services to submit a grant application in the amount of $350,000 to the Strategic Growth Council Grant Program for the Community Choice Aggregation project on behalf of participating agencies in the Monterey Region Project Development Advisory Committee and adopted RESOLUTION NO. 22-2014 as required by the grant process, as recommended by the Director of General Services

22.   ACCEPTED AND FILED the report of the County's investment activities and holdings for the quarter ending December 31, 2013, as recommended by the Treasurer-Tax Collector

23.   ACCEPTED AND FILED the Hazardous Materials Advisory Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

24.   ACCEPTED AND FILED the Historic Resources Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

25.   ACCEPTED AND FILED the Housing Advisory Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

26.   ACCEPTED AND FILED the Human Services Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

27.   ACCEPTED AND FILED the Santa Cruz-Monterey-Merced Managed Medical Care Commission report for calendar year 2013, and approved related action, as recommended by Chairperson Friend

28.   ACCEPTED AND FILED the Latino Affairs Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

29.   ACCEPTED AND FILED the Treasury Oversight Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

30.   APPROVED amendments to the agreements with United Way of Santa Cruz County, Salud Para La Gente, Community Bridges: La Manzana, and Community Bridges: Women, Infant, and Children Program, increasing the aggregate amount by $233,174 and extending the term through June 30, 2014, as recommended by the Director of Health Services

31.   APPROVED the transfer of budget appropriations and the purchase of an uninterruptible power supply in the amount of $14,215.70 for the Human Services Department's Phone Services Center, as recommended by the Director of Human Services

32.   APPROVED agreement with Western Integrated Systems in the not-to-exceed amount of $262,284 for provision of imaging software design, implementation, and training services and approved related actions, as recommended by the Director of Human Services

33.   ACCEPTED AND FILED report on 2014 Continuum of Care Funding Application, as recommended by the Planning Director

33.1.   ACCEPTED AND FILED report regarding funds to support County parks and recreation programs; approved transfer of funds in the amount of $30,000; approved independent contractor agreement with TBWB Strategies for public education and outreach services in the not-to-exceed amount of $25,000; directed Public Works to return on or before February 25, 2014 with recommendations and resolutions necessary to place a parks measure on the June 3, 2014 ballot and approved related actions, as recommended by the Director of Public Works

34.   CONTINUED TO FEBRUARY 25, 2014 consideration to approve first amendment to contract with Fehr and Peers to complete Phase I of the Transportation and Traffic Engineering Component of the Sustainable Santa Cruz County Plan by adding and deleting various tasks and reallocating funds to updated and new tasks, and extending the term to June 30, 2015 and related actions

35.   ACCEPTED the improvements and approved the final cost of $224,884.91 for the Eureka Canyon Road Storm Damage Repair Project and approved related action, as recommended by the Director of Public Works

36.   APPROVED contract change order in the amount of $26,0848.18 for extra work associated with the 41st Avenue Bulbouts at Nova, Gladys, Bain and approved related actions, as recommended by the Director of Public Works

37.   ADOPTED RESOLUTION NO. 23-2014 approving and accepting terms and conditions of property acquisition agreements for the Aptos Village Signal Project; approved payment of claims in the amount of $20,400 for the agreements and approved related actions, as recommended by the Director of Public Works

38.   APPROVED Franchise Agreement with Watsonville Metals Company/Watsonville Dumpster Service for roll-off collection services and approved related actions, as recommended by the Director of Public Works

39.   RATIFIED application for Housing-Related Parks Grant Program; adopted RESOLUTION NO. 24-2014 authorizing application for housing related parks grant and approved related actions; with additional directions that staff report back on the funding strategies for the Farm Park; and report back with a list of grants received from State and Federal sources and the Air Pollution Control District for parks and public works for over the last ten years

40.   AS THE REDEVELOPMENT SUCCESSOR AGENCY, APPROVED the Administrative Budget for July-December 2014 and approved the Recognized Obligation Payment scheduled for July-December 2014, as recommended by the County Administrative Officer

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Ron Taylor v. County of Santa Cruz, Claim No. 314-053; George and Teresa Dunajski v. County of Santa Cruz, Claim No. 314-054

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

42.   PRESENTATION made by local veterans to express their appreciation for the reopening of the Santa Cruz County Veterans Memorial Building

43.   PRESENTATION made of awards to the Santa Cruz County Fire Department Firefighters of the Year 2013

44.   Public hearing held to consider the recommendation of the Planning Commission to approve Application Number 131190 to create two parcels, to change the General Plan land use designation of one of the resulting parcels from Public Facility/Institutional to Urban High Density Residential, to rezone that parcel from Public and Community Facilities to Multi-Family Residential (2,500 square feet per unit), to grade approximately 4,000 cubic yards of earth, and to construct a 40-unit senior housing complex on property located at 2500 Soquel Avenue in the Live Oak Planning Area;

closed public hearing;

(1) APPROVED Application Number 131190, based on the Findings and Conditions of Approval;

(2) ADOPTED RESOLUTION NO. 25-2014 amending the General Plan by changing Parcel B from Public Facility/Institutional (P) to Urban High Density Residential (R-UH); and

(3) ADOPTED ORDINANCE NO. 5175 amending County Code Chapter 13.10 to rezone Parcel B from Public Facilities (PF) to Multi-Family Residential-2,5000 square feet per unit (RM-2.5) zone district; and
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45.   CONSIDERED response to the Public Safety Task Force Report and related actions;

(1) ACCEPTED AND FILED response to the City of Santa Cruz Public Safety Task Force as outlined in the letter of the County Administrative Officer dated January 29, 2014 with the following modifications: Attachment A, Santa Cruz County Response to City of Santa Cruz, under Highest Priority Recommendations, in 1A Response, add language to read: "Supervisors in the 3rd and 5th Districts will be considered the primary points of contact for the Syringe Exchange Program in contact with the City of Santa Cruz while involving all Supervisors in the discussion of how to address the issues raised in the report. As the Board pointed out, the solutions will not be quick and will require true collaboration. If public policy decisions are made by one jurisdiction, that jurisdiction should understand how those actions impact others."

(2) INCORPORATED revisions as outlined in the letter of Supervisor McPherson dated February 10, 2014; with the additional direction that the County Response relating to Syringe Services Program (SSP) shall read: "Page 4 - Change the last paragraph of the response under 1) SSP Relocation: The Board recognized the importance of locating services where the needs exist but directed staff to investigate options for relocation services to non-residential areas and report back to the SSP Advisory Task force within 60 days."
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46.   CONSIDERED Memorandum of Understanding for the Physician's Representation Unit and related actions;

(1) APPROVED MOU for the Physician's Representation Unit;

(2) AUTHORIZED the Personnel Director to sign the MOU; and

(3) AUTHORIZED the Personnel Director, the Auditor-Controller and the County Administrative Officer to take all necessary administrative steps to effectuate administrative and benefit changes to implement the provisions of the Physician's Representation Association MOU
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47.   CONDUCTED hearing on proposed eminent domain action for the Branciforte Drive 2011 Storm Damage Repair Project and considered adoption of resolution authorizing proceedings;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 26-2014 authorizing County Counsel to institute eminent domain proceedings to obtain immediate possession of the required property interests; and

(2) DIRECTED Clerk of the Board to return a certified copy of the resolution to the Public Works Real Property section
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48.   CONDUCTED hearing on proposed eminent domain action for the Trout Gulch Road at Cathedral Drive Crosswalk Project and considered adoption of resolution authorizing proceedings;

closed public hearing;

(1) ADOPTED RESOLUTION 27-2014 authorizing County Counsel to institute eminent domain proceedings to obtain immediate possession of required property interests; and

(2) DIRECTED Clerk of the Board to return a certified copy of the resolution to the Public Works Real Property section
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49.   CONDUCTED hearing on proposed eminent domain action on the Aptos Village Signal Project;

closed public hearing;

(1) ADOPTED RESOLUTION 28-2014 authorizing County Counsel to institute eminent domain proceedings to obtain immediate possession of the required property interests; and

(2) DIRECTED Clerk of the Board to return a certified copy of the resolution to the Real Property section
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49.1.   APPROVED "in concept" ordinance adding new Chapter 7.126 relating to the cultivation of medical cannabis to return on February 25, 2014 for final adoption with the following amendments:

(a) Section 7.126.040 (C), replace the word "minor" with the words "21 years of age" to read: "Every medical cannabis cultivation business is prohibited that employs or otherwise allows a person twenty-one (21) years of age or younger unaccompanied by a parent or legal guardian to enter its premises" and

(b) Section 7.126.040(K)(4), remove the word "flowering" to read: "The location contains more than ninety-nine (99) cannabis plants";

(2) with an additional direction for staff to return on September 16, 2014 to review the ordinance implementation
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49.2.   DENIED the application to file a Late Claim on behalf of Robert Edward Holdridge, Claim No. 314-052, and referred to County Counsel
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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