Santa Cruz County Board of Supervisors Minutes: 4/10/2012

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2012, NUMBER 8
Tuesday, April 10, 2012

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 48.1 and 48.2
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - ten people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 6, 2012 and March 20, 2012, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 15, 2012 through April 4, 2012, and approved upon adoption of the 2011-2012 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.   REJECTED claim of Jose Guadalupe Olivares, Claim No. 112-065, and referred to County Counsel

11.   REJECTED claim of Steven Cross, Claim No. 112-066, and referred to County Counsel

12.   REJECTED claim of K & S Properties, Claim No. 112-064, and referred to County Counsel

13.   ADOPTED ORDINANCE NO. 5120 adding Chapter 7.23 to the Santa Cruz County Code Establishing Minimum Standards for the Recycling of Electronic Waste

14.   ADOPTED RESOLUTION NO. 56-2012 confirming previously established benefit assessments and adopted RESOLUTION NO. 57-2012 setting a public hearing on Tuesday, May 22, 2012 at 9:00 a.m. or thereafter to consider proposed benefit assessment rate reports for Mosquito Abatement/Vector Control - County Service Area No. 53, as recommended by the Agricultural Commissioner

15.   ACCEPTED AND FILED the Treasurer Quarterly Cash Count, as recommended by the Auditor-Controller

16.   DEFERRED report on County role in protecting local homeowners facing foreclosure to May 15, 2012, as recommended by the County Administrative Officer and County Counsel

17.   ACCEPTED the Notice of Completion for the 1020 Emeline Server Room Air Conditioning Upgrade Project in Santa Cruz, CA; approved the final cost of $31,840 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

18.   ACCEPTED the Notice of Completion for the Medium and Minimum Security Energy Conservation Improvement Project in Watsonville, CA; approved the final cost of $109,402 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 58-2012 approving the California Department of Forestry and Fire Protection Volunteer Fire Assistance Program Agreement 7FG11160, authorizing the County Fire Chief to sign and execute the agreement; and adopted RESOLUTION NO. 59-2012 accepting and appropriating Volunteer Fire Assistance Grant Program funds of $6,008 in to the Santa Cruz County Fire Department County Service Area No. 4 Pajaro Dunes budget, as recommended by the Director of General Services

20.   APPROVED plans and specifications for the Santa Cruz Veterans Memorial Building Hazardous Materials Abatement/Interior Demolition Project; directed General Services to advertise for bids and set the bid opening on May 3, 2012 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

21.   ADOPTED RESOLUTION NO. 60-2012 re-authorizing the Juvenile Justice Coordinating Council through June 30, 2012, as recommended by the Chief Probation Officer

22.   APPROVED appointment of Rosario Navarro to the Child Care Planning Council, as a Public Agency Representative (Category 3), for a term to expire April 1, 2015, as recommended by Supervisor Caput

23.   ADOPTED RESOLUTION NO. 61-2012 supporting the passage of Assembly Bill 1589, and approved related action, as recommended by Supervisor Coonerty

24.   ADOPTED RESOLUTION NO. 62-2012 in support of Assembly Bill 1648, and approved related action, as recommended by Supervisor Coonerty

25.   APPROVED appointment of Colin Noyes to the Fish and Game Advisory Commission, for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

26.   APPROVED reappointment of Jim Marshall to the First 5 Commission, for a term to expire April 1, 2013, as recommended by Supervisor Coonerty

27.   ADOPTED RESOLUTION NO. 63-2012 supporting the passage of Assembly Bill 2332 and approved related action, as recommended by Supervisors Leopold and Stone

28.   DIRECTED the Planning Director to review the materials submitted by the Arts Commission concerning the development of a policy to require a percentage of private development costs for public art projects and provide a draft ordinance for Board consideration on August 14, 2012, as recommended by Supervisor Leopold

29.   ACCEPTED nomination of Liseth Guizar for appointment to the Domestic Violence Commission, as an at-large representative of the Latino community, for a term to expire April 1, 2015, with final appointment to be considered on April 17, 2012, as recommended by Supervisor Pirie

30.   ADOPTED RESOLUTION NO. 64-2012 supporting the passage of Assembly Bill 1961, as recommended by Supervisor Stone

31.   ADOPTED RESOLUTION NO. 65-2012 accepting and appropriating unanticipated revenue in the amount of $2,500 into the Fish and Game budget; approved transfer of appropriations; approved allocations recommended by the County Fish and Game Advisory Commission in the total amount of $15,000, and authorized the Auditor-Controller to disburse funds, as recommended by the Director of Health Services

32.   APPROVED State revenue agreement with the California Department of Public Health in the amount of $250,000 for Supplemental Nutrition Assistance Program Education Plan services, as recommended by the Director of Health Services

33.   AUTHORIZED the Health Services Agency to submit two grant applications to support the Family Preservation Court, including applications to the Office of Juvenile Justice Delinquency Planning and the Administration for Children and Families, as recommended by the Director of Health Services

34.   APPROVED amendment to the agreement between the Health Services Agency and the Health Improvement Partnership of Santa Cruz County in the amount of $14,300 for planning and implementation services and approved related actions, as recommended by the Director of Health Services

35.   APPROVED contract with Community Tree Service in the amount of $23,900 for the abatement of a dangerous structure located at 406 Murray Avenue in Aptos, CA, as recommended by the Planning Director

36.   APPROVED budget realignment to maximize grant funds for the Monterey Bay Unified Air Pollution Control District AB2766 Motor Vehicle Emission Reduction Program Grant, as recommended by the Directors of Planning and General Services

37.   ACCEPTED low bid from Conley General Engineering, Inc., in the amount of $138,000 for the 2012 Culvert Replacement Project; authorized award of contract and approved related action, as recommended by the Director of Public Works

38.   ACCEPTED low bid from Conley General Engineering, Inc., in the amount of $180,624.40 for the Hames Road Storm Damage Repair Project; authorized award of contract and approved related action, as recommended by the Director of Public Works

39.   ADOPTED RESOLUTION NO. 66-2012 accepting and appropriating unanticipated revenue in the amount of $22,798 and authorized the purchase of 10 handheld and 26 mobile radios, as recommended by the Director of Public Works

40.   ADOPTED RESOLUTION NO. 67-2012 in support of the "Felton Remembers Parade" on May 26, 2012, and approved related action, as recommended by the Director of Public Works

41.   ADOPTED RESOLUTION NO. 68-2012 for right of way acquisitions for the Schulties Road Storm Damage Repair Project and approved related action, as recommended by the Director of Public Works

42.   ADOPTED RESOLUTION NO. 69-2012 authorizing the expenditure of up to $5,000 total compensation to secure property rights for the Calabasas Road Improvements Project and approved related action, as recommended by the Director of Public Works

43.   APPROVED plans and specifications and engineer's estimate for the 2012 Pavement Management Project and authorized calling for bids; set the bid opening on May 9, 2012 at 2:15 p.m. in the Public Works Conference Room; directed staff to return on or before May 22, 2012 with a recommendation for award of contract and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

44.   APPROVED plans and specifications and engineer's estimate for the Upper Porter Street/Soquel San Jose Road Improvements and authorized calling for bids; set the bid opening on May 3, 2012 at 2:15 p.m. in the Public Works Conference Room; directed staff to return on or before May 22, 2012 with a recommendation for award of contract and directed the Clerk of the Board to related action, as recommended by the Director of Public Works

45.   APPROVED Request for Statement of Qualifications and Request for Solid Waste Engineering and Consulting Services and approved related action, including a report back on or before June 26, 2012 with a proposed contract for these services, as recommended by the Director of Public Works

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

47.   SEE ITEM NO. 58.1 REGULAR AGENDA

48.   DEFERRED status report on the Transportation Improvement Area fees until May 8, 2012, as recommended by the Director of Public Works

48.1.   ADOPTED RESOLUTION NO. 70-2012 supporting the passage of Senate Bill 1538, and approved related action, as recommended by Supervisors Stone and Coonerty

48.2.   DIRECTED the Health Services Agency to return on April 17, 2012 with a further update on the Behavioral Health Unit project, as recommended by the Director of Health Services

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

City of Scotts Valley v. County of Santa Cruz, et al., San Mateo Superior Court No. CIV467230 Court of Appeal, First Appellate District, Division One, No. A126357

Lambert v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV171919

Wycoff v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV173184

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

Claim of Shannon McFarland (Claim No. 112-031) (expected filing)

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

50.   Presentation not made by David Swanger, Santa Cruz County Poet Laureate

51.   CONSIDERED report on Secure Communities;

accepted and filed report on Secure Communities; directed County Counsel to return in 30 days with an analysis of what the Sheriff's options and the Board's options are regarding Secure Communities and what other communities have done; with the additional direction that staff provide data on what percentage of people who are detained through this program are not criminals and compare it to surrounding counties, the State, and the country
PCaCoSL

52.   Public Hearing held to consider approval in concept of an ordinance amending Chapter 17.10 of the Santa Cruz County Code to provide for modification of the method used to meet the affordable housing obligation and to authorize the Planning Director to allow the Existing Unit Conversion Program to provide units to be built outside of the Planning Area;

(1) opened public hearing to consider taking action to amend Chapter 17.10 of the County Code as described in the Letter of the Planning director dated March 23, 2012;

(2) closed public hearing;

(3) approved "in concept" amending Chapter 17.10 of the Santa Cruz County Code to provide for modification of the method used to meet the affordable housing obligation with the additional direction to Section 17.10.030(f)(3), after the sentence, 'The developer may submit a request to change the manner in which the affordable housing requirement is being met to the Planning Director, who may, upon finding that the proposed revision is consistent with and meets the requirements of the selected alternate option pursuant to Chapter 17.10, approve the amendment' add the following: 'The approving body shall be informed of the Planning Director's determination within 14 days of that determination.' and authorized the Planning Director to allow the Existing Unit Conversion Program to provide units to be built outside of the Planning Area to return on April 17, 2012 for final adoption
PSCoCaL

53.   CONSIDERED approval in concept of an ordinance amending Chapter 5.46 of the Santa Cruz County Code, Environmentally Acceptable Packaging, and related actions;

approved "in concept" ordinance amending Chapter 5.46 of the Santa Cruz County Code, Environmentally Acceptable Packaging to return on April 17, 2012 for final adoption
SPCoCaL

54.   Continued public hearing to consider the 2011 General Plan Annual Report;

(1) heard additional public testimony;

(2) closed public hearing; and

(3) directed Planning staff to provide copies of the 2011 Annual General Plan Report to the Office of Planning and Research and the Department of Housing and Community Development, as required by State law
PCoCaSL

55.   CONTINUED TO APRIL 17, 2012 public hearing to consider adoption of an ordinance incorporating two Coastal Commission suggested modifications to amendments to the County's Fence Regulations in Santa Cruz County Code Chapters 13.10 and 13.20 regarding public view shed protection and the definition of hedge. Chapters 13.10 and 13.20 are coastal implementing ordinances
PCoCaSL

56.   Public Hearing held to consider Application No. 101087 (Vieira Enterprises, Inc.), consisting of a Coastal Development Permit, amendments to existing development permits and adoption of an ordinance amending Santa Cruz County Code Chapter 13.10 to rezone a 58-space mobile home park (Assessor's Parcel Numbers 028-091-05 and 028-091-05 from RM4-MH to RM3-MH for consistency with the existing density. The project includes demolition of an accessory structure and addition of a new mobile home space, recognition of the conversion of the manager's dwelling to a rental unit within the mobile home park, and repair and stabilization of an access road within the park, located at 2565 Portola Drive in the Live Oak Planning Area;

(1) conducted a public hearing on Application Number 101087;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 71-2012 (Attachment 1) approving the CEQA Exemption determinations, Coastal Development Permit, Amendments to existing development permits and the Riparian Exception for Application Number 101087, based on the Findings (Exhibit A), and with Conditions of Approval (Exhibit B); and

(4) ADOPTED ORDINANCE NO. 5121 (Attachment 2) Amending County Code Chapter 13.10 to rezone Assessors Parcel Numbers 028-091-05 and -22 from RM$-MH to RM3-MH
PCoCaSL

57.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, CONDUCT a public hearing to consider adoption of resolution authorizing issuance of 2012 Lease Revenue Bonds for Refinancing 2002 Lease Revenue Bonds relating to Santa Cruz Regional 9-1-1; approve the Preliminary Official Statement and related actions;

closed public hearing;

(1) AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ (the "County"), ADOPTED RESOLUTION NO. 72-2012 Approving the Form and Authorizing the Execution of a Restated and Amended Use Agreement Between the Santa Cruz Consolidated Emergency Communications Center Joint Powers Authority (the "Center") and the County; and

(2) AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, ADOPTED RESOLUTION NO. 73-2012 Authorizing the Issuance of Not To Exceed $4,500,000 Principal Amount of 2012 Lease Revenue Bonds, Series A (Santa Cruz Regional 9-1-1), Authorizing and Directing Execution of a Form of an Indenture of Trust, A Lease Agreement, an Escrow Agreement, and Official Statement, a Bond Purchase Agreement, Authorizing the Sale of Bonds Pursuant to Negotiated Sale, and Providing Other Matters Properly Relating Thereto
SCaPCoL

58.   CONSIDERED adoption of resolution of intention to amend contract between the County and the Public Employees' Retirement Systems (CalPERS) and approval in concept of an ordinance authorizing amendment to the contract between the County and CalPERS to provide second tier retirements for the Local Sheriff and County Peace Officer Groups and related actions;

(1) ADOPTED RESOLUTION NO. 74-2012 of intention to amend contract between the County and the Public Employees' Retirement Systems (CalPERS); and

(2) approved "in concept" ordinance authorizing amendment to the contract between the County and CalPERS to provide second tier retirements for the Local Sheriff and County Peace Officer Groups to return on May 8, 2012 for final adoption
PCaCoSL

58.1.   CONTINUED consideration of the installation of one 70-watt residential street light on Webster Street in the Live Oak area to May 22, 2012
SCoPCaL

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