Santa Cruz County Board of Supervisors Minutes: 11/16/2010

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2010, NUMBER 25
Tuesday, November 16, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - seven people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

8.   SEE ITEM NO. 41.1 REGULAR AGENDA

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 State Farm Insurance as subrogee of Christopher O'Grady, Claim No. 011-035, and referred to County Counsel

11.   REJECTED claim of Mark William Negherbon, Claim No. 011-037, and referred to County Counsel

12.   REJECTED claim of Richard Eugene Negherbon, Claim No. 011-038, and referred to County Counsel

13.   SEE ITEM NO. 41.2 REGULAR AGENDA

14.   ADOPTED ORDINANCE NO. 5078 adding Section 2.37.108 to the Santa Cruz County Code Regarding Local Business Preference; with an additional direction that staff return in December 2010 with a report on the possibility of adding a point mechanism for evaluating professional service contracts

15.   AUTHORIZED the Auditor-Controller to sign the contract amendment with Caporicci and Larson, Inc., a Subsidiary of Marcum, LLP, reflecting a change of name only, as recommended by the Auditor-Controller

16.   DIRECTED the Auditor-Controller to transfer the warrants listed in the amount of $18,391.99 to the general fund, as recommended by the Auditor-Controller

17.   APPROVED contract with Barrios Unidos for an amount not-to-exceed $47,450 and approved related actions, as recommended by the Chief Probation Officer

18.   APPROVED revisions to the County Procedures Manual relating to local business preference and approved related actions, as recommended by the County Administrative Officer

19.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending October 31, 2010, as recommended by the Treasurer-Tax Collector

20.   ACCEPTED notification of two vacancies on the Board of Law Library Trustees, with nominations for appointment to be received on December 7, 2010, and final appointments to be considered on December 14, 2010, as recommended by Chairperson Campos

21.   APPROVED appointment of Kathy Agnone to the Domestic Violence Commission, representing the City of Santa Cruz Commission for the Prevention of Violence Against Women, as recommended by Chairperson Campos

22.   APPROVED amended California Mental Health Services Authority (CalMHSA) Joint Powers Authority Agreement and approved related actions, as recommended by the Director of Health Services

23.   ADOPTED RESOLUTION NO. 293-2010 accepting and appropriating unanticipated revenues, approved personnel changes, directed staff to return with grant associated contracts on December 7, 2010 and approved related actions, as recommended by the Director of Health Services

24.   DEFERRED the Annual Report on Hospital Services and Access to Care until December 14, 2010, as recommended by the Director of Health Services

25.   ACCEPTED AND FILED report on the Energy Upgrade California Program; authorized Planning staff to participate in the Local Government Advisory Committee and approved related actions; with an additional direction for a presentation in January 2011 on the Energy Upgrade California Program

26.   AUTHORIZED Planning staff to forward the County's CalHOME Owner-Occupied Housing Rehabilitation Program Guidelines to the State Department of Housing and Community Development, adopted RESOLUTION NO. 294-2010 accepting and appropriating unanticipated revenue in the amount of $250,000 and approved related actions, as recommended by the Planning Director

27.   SCHEDULED a public hearing on Tuesday, December 7, 2010 at 9:00 a.m. or thereafter, to consider the Planning Commission's recommended amendments to County Code Chapter 13.10 and 13.20 regarding shade and hoop structures and approved related actions, as recommended by the Planning Director

28.   SCHEDULED a public hearing on Tuesday, December 7, 2010 at 9:00 a.m. or thereafter, to consider Application Number 101028 - a proposal to rezone Assessor's Parcel Number 029-071-38 on Chanticleer Avenue from R-1-6-D-L (Residential, One Unit Per 6000 square feet-Designated Park Site Combining Zone District-Historic Landmark Combining Zone District) to PR-L (Parks, Recreation and Open Space -Historic Landmark Combining Zone District); and to rezone Assessor's Parcel Number 029-071-68 on Chanticleer Avenue from R-1-6-D (Residential, One unit per 6000 square feet-Designated Park Site Combining Zone District) to PR (Parks, Recreation and Open Space) district, as recommended by the Planning Director

29.   APPROVED plan line for Thirtieth Avenue between Scriver Street and Portola Drive; and directed Public Works to include plan line for this portion of Thirtieth Avenue in the Master Plan Line file, as recommended by the Director of Public Works

30.   APPROVED reimbursement agreement between the City of Capitola and the County of Santa Cruz to reimburse the County for costs associated with pavement resurfacing on 41st Avenue within City limits for the 2010 RDA Overlay Project; adopted RESOLUTION NO. 295-2010 accepting and appropriating unanticipated revenue in the amount of $9,969.79 from the City of Capitola for construction of the RDA Overlay Project; and approved related action, as recommended by the Director of Public Works

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

CONFERENCE WITH LABOR NEGOTIATOR

In Home Supportive Services Public Authority Negotiator: Director of Human Services and Director of Personnel

Employee Organization: In Home Supportive Services Public Authority Employees

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Southern end of Johan's Beach Drive, in the unincorporated area of Santa Cruz County, CA

Assessor's Parcel Number: 028-212-13

Under Negotiation: Terms of Sale

Negotiating Parties: Travis Cary, Chief Property Agent and Property Owners Yuan Daw and Jean Tsai

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Farm Bureau of Santa Cruz County v. County of Santa Cruz et. al., Santa Cruz Superior Court Case No. 164486 ("Atkinson Litigation")

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

32.   The Board of Supervisors recessed in order to permit the Board of Directors of the County Flood Control and Water Conservation District, Zone 7 to convene and carry out a regularly scheduled meeting

33.   Public hearing held to consider the Planning Commission's recommendation to amend County Code Section 13.10.681 to remove the owner-occupancy requirement associated with accessory dwelling units located on property owned by public agencies that are providing housing to special populations;

closed public hearing;

(1) certified the CEQA Notice of Exemption;

(2) ADOPTED RESOLUTION NO. 296-2010 regarding the proposed amendments to County Code Section 13.10.681 that would remove the requirements for owner-occupancy and a homeowners exemption for properties with a Second Unit, for those that are owned by public agencies and provide housing to special populations;

(3) ADOPTED ORDINANCE NO. 5079 Amending Subsection (E) of Section 13.10.681 of the Santa Cruz County Code Relating to Second Units; and

(4) directed Planning Staff to submit the proposed ordinance amendments to the Coastal Commission as part of the next Coastal "Rounds" package
PLCoSCa

34.   Public hearing held to consider the recommendation of the Planning Commission to approve an amendment adding Section 13.10.235, entitled Minor Exceptions, to Chapter 13.10 of the Santa Cruz County Code, establishing a discretionary review process to allow consideration of minor exceptions from certain zoning site standards;

opened public hearing and received public testimony;

continued public hearing to January 25, 2011 at 9:00 am or thereafter;

with the additional direction that staff continue to work on the CEQA and other legal issues raised and incorporate the comments received from the public and this Board into their revised recommendations.
SLPCoCa

35.   Public hearing held on the proposed formation of the East Cliff Drive 5th Avenue to 18th Avenue, Underground Utility District Number 19;

(1) opened public hearing, to hear objections or protests, to the proposed formation of the East Cliff Drive, 5th Avenue to 18th Avenue, Underground Utility District Number 19;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 299-2010 declaring East Cliff Drive, 5th Avenue to 18th Avenue, to be an underground utility district
LCoPSCa

36.   Public hearing held to consider amendments to the Unified Fee Schedule;

closed public hearing;

ADOPTED RESOLUTION NO. 300-2010 Revising the Unified Fee Schedule
PCoLSCa

37.   APPROVED appointment of Barbie Gomez to the Artificial Turf Committee, as a representative of the Parks and Recreation Commission, for a term to expire July 31, 2011
PCoLSCa

38.   APPROVED appointment of Linda Wilshusen to the Artificial Turf Committee, as an at-large representative of a neighborhood organization in the unincorporated part of the County, for a term to expire July 31, 2011
PCoLSCa

39.   APPROVED appointment of Ned Spencer, Calla Schmidt, Edward Murrer and Katherine Sweet to the Artificial Turf Committee, as at-large representatives in the categories indicated, for terms to expire July 31, 2011
PCoLSCa

40.   APPROVED appointment of Patrick Kelley to the Artificial Turf Committee, as an at-large representative of a neighborhood organization in the unincorporated part of the county, for a term to expire July 31, 2011
PCoLSCa

41.   APPROVED appointment of David Mercer and Dr. Michael Coulson to the Artificial Turf Committee, as at-large representatives in the categories indicated, for terms to expire July 31, 2011
PCoLSCa

41.1.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 4, 2010 through November 09, 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
CoL(P)SCa Supervisor Pirie Abstained due to a Conflict of Interest

41.2.   ADOPTED ORDINANCE NO. 5081 amending Chapter 12.10 and repealing Chapter 13.38 of the Santa Cruz County Code to adopted the 2010 California Building Standards Code; approved Technical Amendments to the 2010 Building Standards Codes, revised to include additional findings, as recommended by the Planning Director
PLCoSCa

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