Santa Cruz County Board of Supervisors Minutes: 12/7/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 26
Tuesday, December 7, 2010

ACTION SUMMARY MINUTES

VOTING KEY: P = Pirie, Co = Coonerty, Ca = Campos, 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.		DELETED from the Closed Session Agenda, Item No. 64: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 2202-2280 Soquel Avenue, Santa Cruz, CA, Assessor's Parcel Number: 026-011-06; Under Negotiation: Appraisal Negotiating Parties: Travis Cary, Chief Real Property Agent, and Richard L. and Shirley S. Erlin, Beneficiaries, and/or Moises and Bertha Estrada, Jose V. and Anabel Palma, Trustors; and 2425 Soquel Drive, Santa Cruz, CA, Assessor's Parcel Number: 025-351-04, Under Negotiation: Long-term lease Negotiating Parties, Travis Cary, Real Property Agent, and James and Marianne Franks
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   CONTINUED TO DECEMBER 14, 2010 minutes of November 9, 2010; and approved minutes of November 16, 2010

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 10, 2010 through December 1, 2010 and approved upon adoption of the 2010-2011 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 the claim of Perry Hawkins, Claim No. 011-040, and referred to County Counsel

11.   REJECTED the claim of Diana Baeza, Claim No. 011-041, and referred to County Counsel

12.   AUTHORIZED the Auditor to issue replacement warrants in the total amount of $38.78 to replace specified uncashed and stale-dated warrants, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED status report on the Federal Recovery and Reinvestment Act funds; with additional direction that the Chairperson of the Board send a copy of the American Recovery and Reinvestment Act Application Status as of September 30, 2010 to our Federal Representatives to show the work that has been done in this County with these funds

14.   ACCEPTED AND FILED report on the offered ownership of the section of APN 028-212-13 comprising the beach and the bluffs of Sunny Cove/Johan’s Beach, and directed the County Administrative Office to return by January 11, 2011 with the necessary actions to transfer the beach and bluffs into County ownership, as recommended by the County Administrative Officer

15.   AUTHORIZED expenditure of the 2010-2011 Community Television budget through the end of February 2011 and directed the County Administrative Officer to report back on February 8, 2011 with additional recommendations, as recommended by the County Administrative Officer

16.   SEE ITEM NO. 69.1 REGULAR AGENDA

17.   SEE ITEM NO. 69.2 REGULAR AGENDA

18.   ACCEPTED AND FILED status report on the Psychiatric Health Facility Project; directed staff to return on or before January 25, 2011 with a report on the project's progress and approved related actions, as recommended by the Directors of General Services and the Health Services Agency

19.   APPROVED agreement with William Fisher Architecture, Inc. in the amount of $18,000 for architectural, electrical and mechanical engineering services for the 9 Crestview Remodel Project and approved related actions, as recommended by the Directors of General Services and the Health Services Agency

20.   APPROVED lease agreement with the California Assembly Rules Committee for legislative office space in the County Government Center and approved related actions, as recommended by the Director of General Services

21.   APPROVED lease amendment with the Local Agency Formation Commission for office space in the County Government Center and approved related actions, as recommended by the Director of General Services

22.   APPROVED plans and specifications for the roof and wall repair project at 215 E. Beach Street, Watsonville, CA; directed General Services to re-advertise for bids and set the bid opening on Tuesday, January 11, 2011 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

23.   AWARDED contract in the amount of $36,600 to Reber Construction Co. for the 1030 Emeline Drainage System Improvement Project and approved related actions, as recommended by the Director of General Services

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

25.   ADOPTED RESOLUTION NO. 297-2010 accepting and appropriating unanticipated revenue in the amount of $28,000 and approved the purchase of fixed assets, as recommended by the Director of Information Services

26.   ADOPTED RESOLUTION NO. 298-2010 authorizing the submission of a Reapplication for Disproportionate Minority Contract Support Project Funds, as recommended by the Chief Probation Officer

27.   APPROVED amendments to contracts with Community Action Board for the Evening Center, increasing the amount by $8,000 for a total of $45,500, and for the Job Training and Mentorship Program, increasing the contract amount to $60,000, and approved related action, as recommended by the Chief Probation Officer

28.   APPROVED gross pay adjustment in the amount of $96.73, as recommended by the Sheriff-Coroner

29.   ADOPTED RESOLUTION NO. 301-2010 establishing a .06 percent per annum simple interest rate on rental security deposits, effective January 1, 2011, and approved related actions, as recommended by the Treasurer-Tax Collector

30.   ADOPTED RESOLUTION NO. 302-2010 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

31.   ACCEPTED nomination of Alan Smith for appointment to the Board of Law Library Trustees for a term to expire December 31, 2011, with final appointment to be considered on December 14, 2010, as recommended by Supervisor Campos

32.   ADOPTED RESOLUTION NO. 303-2010 in support of the Fracturing Responsibility and Awareness of Chemicals Act and approved related actions, as recommended by Supervisor Coonerty

33.   ADOPTED RESOLUTION NO. 304-2010 supporting the establishment of a World Surfing Reserve in Santa Cruz County, as recommended by Supervisors Coonerty and Leopold

34.   ACCEPTED nomination of David Cavanaugh for appointment to the Pajaro Valley Water Management Agency Board of Directors, for a term to expire December 1, 2012, with final appointment to be considered on December 14, 2010, as recommended by Supervisors Pirie and Campos

35.   ACCEPTED nomination of Julia Hill for reappointment to the Board of Law Library Trustees for a term to expire December 31, 2011, with final appointment to be considered on December 14, 2010, as recommended by Supervisor Pirie

36.   ACCEPTED nomination of Ralph Bracamonte for appointment to the Hazardous Materials Advisory Commission, as an at-large community representative, for a term to expire April 1, 2011, with final appointment to be considered on December 14, 2010, as recommended by Supervisor Pirie

37.   ACCEPTED nomination of Michelle Hinckle for reappointment to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large County appointee, for a term to expire December 31, 2014, with final appointment to be considered on December 14, 2010, as recommended by Supervisor Pirie

Pirie

37.1.   ACCEPTED nomination of Stephen Mangelsen for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2014, with final appointment to be considered on December 14, 2010, as recommended by Supervisor Stone

38.   APPROVED appointment of Matko Vranjes to the Emergency Management Council, representing Watsonville Community Hospital, as recommended by Chairperson Campos

39.   ADOPTED RESOLUTION NO. 305-2010 authorizing the Health Services Agency Director to sign a grant agreement in the amount of $56,622 with the California Environmental Protection Agency to implement electronic reporting of hazardous materials regulatory information, as recommended by the Director of Health Services

40.   ADOPTED RESOLUTION NO. 306-2010 authorizing the Health Services Agency Director to submit an application in the amount of $125,000 for the California Department of Public Health Community Challenge Grant, as recommended by the Director of Health Services

41.   APPROVED agreement with the California Institute for Mental Health in the amount of $58,969 for Center for Substance Abuse Treatment Project Home Base training and evaluation services, as recommended by the Director of Health Services

42.   APPROVED mental health services agreements with First 5 of Santa Cruz County in the amount of $290,100 for mental health prevention services and with Value Options, an amendment increasing the administrative costs to $45.83 per beneficiary for youth placed out of county and approved related actions, as recommended by the Director of Health Services

43.   APPROVED mental health treatment agreements with Provo Canyon School at a rate of $87 per day and with Devereux Cleo Wallace at a rate of $149 per day and approved related actions, as recommended by the Director of Health Services

44.   AUTHORIZED the Health Services Agency Alcohol and Drug Program to submit a proposal to the California Emergency Management Agency for Comprehensive Drug Court Implementation funds and approved related actions, as recommended by the Director of Health Services

45.   DIRECTED the Health Services Agency to return on or before January 25, 2011 with coverage initiative contracts and amendments, as recommended by the Director of Health Services

46.   ADOPTED RESOLUTION NO. 307-2010 accepting and appropriating unanticipated revenue in the amount of $370,000 from the Department of Health and Human Services for the Leaps and Bounds Program; approved agreements with the Parents Center in the amount of $213,520 for parenting education/therapy services, and with Applied Survey Research in the amount of $55,000 for comprehensive Leaps and Bounds program evaluation services and approved related actions, as recommended by the Director of Human Services

47.   CONTINUED TO DECEMBER 14, 2010 consideration to accept and file summary analysis from the California State Association of Counties on Senate Bill 375, which addresses Greenhouse Gas emissions from the transportation sector via Regional Transportation Plans and authorize the transmittal of comments to the Association of Monterey Bay Area Governments on or before December 15, 2010

48.   ADOPTED RESOLUTION NO. 308-2010 modifying the County's Affordable Housing Guidelines concerning resale price restrictions and rental provisions for Measure J units located in 100% Redevelopment Agency assisted affordable housing projects, as recommended by the Planning Director

49.   ADOPTED RESOLUTION NO. 309-2010 approving and accepting the terms and conditions of the property acquisition for the Bear Creek Road Storm Damage Repair Project; approved claim in the amount of $1,200 and approved related actions, as recommended by the Director of Public Works

50.   ADOPTED RESOLUTION NO. 310-2010 approving the submittal of seven grant applications for funds from the Highway Safety Improvement Program to install new guardrails at various locations in the County, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 311-2010 approving and accepting terms and conditions of property acquisition agreements for the Eaton Street Improvements - Lake Avenue to 7th Avenue project; make findings and approved payment of claims for the agreements, as recommended by the Director of Public Works

52.   APPROVED final map of Tract 1550 Canterbury Park; authorized the Director of Public Works to sign the Subdivision agreements and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

53.   ACCEPTED AND FILED the 2010-2011 Public Art Plan; with the additional direction that staff conduct a training to assist local artists in competing for the three public art commissions to be awarded as outlined in this Plan.

54.   APPROVED contract in the amount of $22,333 with Haro, Kasunich & Associates, Inc. for earthwork observation and testing services for Felt Street Park; made findings, and approved related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

55.   DEFERRED status report of the Artificial Turf Committee to May 17, 2011, as recommended by the Director of Parks, Open Space, and Cultural Services

56.   SCHEDULED public hearing on Tuesday, January 25, 2011 at 9:00 a.m. or thereafter, to consider adoption of the Moran Lake Park Concept Plan and Monarch Butterfly Habitat Management Plan, and approved related actions, as recommended by the Director of Parks, Open Space, and Cultural Services

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on the Canterbury Park Affordable Housing Project; authorized $1.57 million dollars in permanent funding and a $915,000 bridge loan to Canterbury Park LLC and approved a Promissory Note to provide security for the completion of the subdivision improvements and approved related actions, as recommended by the Planning Director

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED report on Redevelopment Agency owned property and Replacement Housing Plans for the Heart of Soquel Park and Parking Improvement site, the Capitola Road Neighborhood Commercial/Public Facilities site, the Harper Street Park site, the Felt Street park site, and the Aptos Cottages Affordable Housing Project site, and directed staff to return on January 11, 2011 for final consideration of these plans; and approved related actions, as recommended by the Redevelopment Agency Administrator and the Planning Director

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED and adopted the Santa Cruz County 2011 Investment Policy, as recommended by the Redevelopment Agency Administrator

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $22,333 for the cost of Felt Street Park earthwork observation and testing services, and approved related actions, as recommended by the Redevelopment Agency Administrator

61.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the contract amendment in the amount of $31,918 with SSA Landscape Architects for additional renovation services at Floral Park, and approved related actions, as recommended by the Redevelopment Agency Administrator

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Independent Contractor Agreement in the not-to-exceed amount of $84,730 with the Community Bridges/Live Oak Family Resource Center for the development and implementation of the Leadership In Our Neighborhood (LION) Pilot Program and approved related actions, as recommended by the Redevelopment Agency Administrator

63.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $3,350 for the cost of real property acquisition agreements necessary for the Eaton Street Improvement Project and approved related actions, as recommended by the Redevelopment Agency Administrator

64.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Elan and Reverend Oracle v. Santa Cruz County Planning Department; Tom Burns; and DOES 1-25, inclusive, U.S. District Court, Northern District of California, San Jose Division Case No. C09-00373 JF

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

65.   Continued public hearing to consider the 2011 Growth Goal;

(1) closed public hearing on the setting of the Year 2011 Growth Goal;

(2) ADOPTED RESOLUTION NO. 312-2010 adopting a Year 2011 Growth Rate Goal of 0.5 percent for the unincorporated portion of the County, with associated findings; and

(3) certified the CEQA Notice of Exemption
PCoLSca

66.   Public hearing held to consider Planning Commission and Agricultural Commission recommendations on proposed amendments to County Code Sections 13.10.312(b), 13.10.313(a), and Section 13.20.073, to allow alternative zoning setbacks for hoop houses/shade and hoop structures/seasonal high wind tunnels and to be eligible for exclusion from the requirement for a coastal development permit. Chapter 13.10 is a coastal implementing ordinance;

closed public hearing;

(1) ADOPTED RESOLUTION 313-2010 regarding the proposed ordinance amendments;

(2) ADOPTED ORDINANCE NO. 5080 amending Sections 13.10.312(B), 13.10.313(A), and 13.20.073 of the Santa Cruz County Code to allow alternative zoning setbacks for hoophouses/shade and hoop structures/seasonal high tunnels and to be eligible for exclusion from the requirement for a coastal development permit;

(3) certified the CEQA Notice of Exemption; and

(4) directed staff to submit the ordinance amendments to the Coastal Commission as part of the next Coastal Rounds package
PLCoSCa

67.   Public hearing held to consider the recommendation of the Planning Commission for amendments to the Santa Cruz County Code regarding allowing garage and carport structures to be allowed within side and rear setback areas on residential parcels, subject to certain provisions;

(1) opened public hearing to receive public testimony; and

(2) continued public hearing to January 25, 2011
PLCoSCa

68.   Public hearing held to consider the recommendation of the Planning Commission to approved Application 101028, a proposal to rezone two parcels, Assessor's Parcel Number 029-071-38 and Assessor's Parcel Number 029-071-68 (located on the west side of Chanticleer Avenue, approximately 1/2 mile south of Soquel Avenue within the Live Oak Planning Area) from Residential, one unit per 6,000 square feet - Designated Park Site Combining Zone District, Historic Landmark Combining Zone District (R-1-6-L) to Parks, Recreation and Open Space - Historic Landmark Combining Zone District (PR-L) and from Residential, one unit per 6,000 square feet - Designated Park Site Combining Zone District (R-1-6-D) to Parks, Recreation and Open Space, respectively;

closed public hearing;

(1) certified the CEQA Notice of Exemption; and

(2) ADOPTED ORDINANCE NO. 5082 amending County Code Chapter 13.10.210 to rezone the property to the PR-L (Parks, Recreation and Open Space-Historic Landmark Combining Zone District) and PR (Parks, Recreation and Open Space zone district)
LPCoSCa

69.   Public hearing held to consider ordinance amendments to County Code Sections 13.10.362, 13.10.552, and 13.10.700 and adding Section 13.10.363 in order to comply with State Law SB2 by allowing Emergency Homeless Shelters as a permitted use in the Public Facilities (PF) zone district;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 314-2010 approving amendments to Subdivision (b) of Section 13.10.362, Subdivision (b) of Section 13.10.552, and Section 13.10.700-E, and Adding Subsections (3) and (4) to Subdivision (b) of Section 13.10.363 of the Santa Cruz County Code Relating to the Public Facilities Zone District;

(2) ADOPTED ORDINANCE NO. 5083 Amending Subdivision (b) of Section 13.10.362, Subdivision (b) of Section 13.10.552, and Section 13.10.700-E, and Adding Subsections (3) and (4) to Subdivision (b) of Section 13.10.363 of the Santa Cruz County Code Relating to the Public Facilities Zone District; and

(3) certified the Negative Declaration under CEQA
PCoLSCa

69.1.   SCHEDULED public hearing on Tuesday, January 11, 2011 at 9:00 a.m. or thereafter to consider the issuance of tax exempt obligations in an amount not-to-exceed $3,000,000 by the California Statewide Communities Development Authority for the benefit of Community Foundation, and approved related actions, as recommended by the County Administrative Officer
PLCoSCa

69.2.   SCHEDULED public hearing on Tuesday, January 11, 2011 at 9:00 a.m. or thereafter to consider the allocation of Supplemental Law Enforcement Services Funds (SLESF) and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer
LPCoSCa

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