Santa Cruz County Board of Supervisors Minutes: 4/5/2011

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2011, NUMBER 9
Tuesday, April 5, 2011

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 Closed Personnel and Litigation Session: Item No. 40 CONFERENCE WITH REAL PROPERTY NEGOTIATOR 5300 Soquel Ave, Santa Cruz CA Assessor's Parcel Number: 029-021-55 Under negotiation: price and terms of payment Negotiating Parties: Travis Cary, Chief Real Property Agent and Bay Federal 5400 Soquel Ave, Santa Cruz, CA Assessor's Parcel Number: 029-021-56 Under negotiation: price and terms of payment Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation 5200 Soquel Ave, Santa Cruz, CA Assessor's Parcel Number: 029-021-57 Under negotiation: price and terms of payment Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation 2400 Chanticleer Avenue, Santa Cruz, CA Assessor's Parcel Number: 029-021-58 Under negotiation: price and terms of payment Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation Parking Lot Only, Santa Cruz, CA Assessor's Parcel Number: 029-021-59 Under negotiation: price and terms of payment Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - nine people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of March 8, 2011, and March 15, 2011, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 17, 2011 through March 30, 2011 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.   ADOPTED ORDINANCE NO. 5088 adding Chapter 5.60 to the Santa Cruz County Code relating to the licensing of tobacco retailers

11.   ACCEPTED AND FILED report on the redistricting of Supervisorial boundaries, as recommended by the County Administrative Officer

12.   APPROVED gross pay adjustments for two extra help employees in the total amount of $243.73, as recommended by the County Clerk

13.   ACCEPTED AND FILED report on the need to continue the state of local emergency relative to the March 11, 2011 Tsunami event, as recommended by the Director of General Services

14.   ACCEPTED the Notice of Completion for the 1430 Freedom Boulevard Office Remodel Project; approved final cost of $278,201.55 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

15.   APPROVED contract with ENGEO, Incorporated in the not-to-exceed amount of $27,975 for geotechnical services for the Veteran's Memorial Building Project and approved related action, as recommended by the Director of General Services

16.   APPROVED plans and specifications for the 522 Capitola Road Extension Gemma Accessory Dwelling Unit Conversion and Repair Project; directed General Services to advertise for bids and set the bid opening on May 13, 2011 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

17.   APPROVED plans and specifications for the 1080 Emeline Clinic Remodel Project; directed General Services to advertise for bids and set the bid opening on April 27, 2011 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

18.   APPROVED agreements with ChargePoint America for the zero cost purchase of an electric vehicle charging station and a Master Services Subscription Agreement, and approved related actions, as recommended by the Director of General Services

19.   APPROVED contract with National Council on Crime and Delinquency in the amount of $76,662 and approved related actions, as recommended by the Chief Probation Officer

20.   APPROVED amendment to contract with the Community Action Board - Gemma Program, amending the scope of work to include Medi-Cal Administrative Activities provided to program participants and approved related actions, as recommended by the Chief Probation Officer

21.   ACCEPTED AND FILED report on jail overcrowding issues and approved related actions, as recommended by the Sheriff-Coroner and the Chief Probation Officer

21.1.   APPROVED request of the Sheriff-Coroner, in conjunction with the General Services Department and County Counsel, to return with an agreement for design services for the Center for Public Safety for consideration and approval on April 12, 2011, and approved related actions, as recommended by the Sheriff-Coroner

22.   ACCEPTED nomination of Erik Edmonds for appointment to the In-Home Supportive Services Advisory Commission, as an at-large representative of consumers, for a term to expire April 1, 2015, with final appointment to be considered on April 12, 2011, as recommended by Supervisor Coonerty

22.1.   ADOPTED RESOLUTION NO. 111-2011 supporting the passage of Senate Bill 580, which would enact strong, statewide policy that protects State park resources, as recommended by Supervisor Coonerty

22.2.   SEE ITEM NO. 47.1 REGULAR AGENDA

22.3.   ADOPTED RESOLUTION NO. 112-2011 supporting the passage of Senate Bill 444, which expressly set forth in law the authority for local decision-makers to use the results of a resident survey as evidence when determining the validity of a proposed mobilehome park conversion, and approved related action, as recommended by Supervisors Pirie and Leopold

22.4.   ADOPTED RESOLUTION NO. 113-2011 defending the 14th Amendment and urging that the Arizona Legislature not accept, vote for, or advocate reconfiguration of the 14th Amendment, as recommended by Supervisor Caput

23.   APPROVED appointment of Jim Lang to the Parks and Recreation Commission for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

24.   ACCEPTED notification of an at-large vacancy on the Housing Authority Board of Commissioners, with nominations for appointment to be received on May 3, 2011 and final appointment to be considered on May 17, 2011, as recommended by Chairperson Stone

25.   ACCEPTED notification of an at-large vacancy on the Housing Authority Board of Commissioners, for a tenant representative over 62 years of age, with nominations for appointment to be received on May 3, 2011 and final appointment to be considered on May 17, 2011, as recommended by Chairperson Stone

25.1.   ADOPTED RESOLUTION NO. 114-2011 supporting the passage of Senate Bill 2 in the First Extraordinary Session, and approved related action, as recommended by Chairperson Stone

26.   ACCEPTED nomination of Kristin Long for appointment to the Domestic Violence Commission, as an at-large representative, for a term to expire April 1, 2015, with final appointment to be considered on April 12, 2011, as recommended by Chairperson Stone

27.   APPROVED the deferral of the status report on the Behavioral Health Unit until April 12, 2011, as recommended by the Director of Health Services

28.   APPROVED amendments to mental health service agreements with Volunteer Center, increasing the amount by $19,088 for a not-to-exceed total of $1,321,715, and with Nadhan, Inc. for locked skilled nursing beds at $140 per bed per day; and approved related actions, as recommended by the Director of Health Services

29.   ACCEPTED AND FILED the Children's Network Annual Report, as recommended by the Director of Human Services

30.   APPROVED the purchase of a replacement single production scanner in the amount of $8,050 and transfer of funds to the fixed asset account, as recommended by the Director of Human Services

31.   ACCEPTED AND FILED report on the County's Williamson Act contracts; declined to participate in the program provided under Senate Bill 863, and directed staff to develop information for any new proposed Conservation Contract regarding the loss of property tax revenue that would occur if the new contract was approved, as recommended by the Planning Director

32.   ACCEPTED the improvements and approved the final cost of $309,240.64 for the Glenwood Drive Storm Damage Repair Project and approved related action, as recommended by the Director of Public Works

33.   ADOPTED RESOLUTION NO. 115-2011 confirming previously approved increase in benefit assessments for County Service Area (CSA) No. 2 - Place de Mer; adopted RESOLUTION NO. 116-2011 confirming previously approved increase in benefit assessments for CSA No. 5 - Sand Dollar/Canon del Sol; adopted RESOLUTION NO. 117-2011 confirming previously approved increase in benefit assessments for CSA No. 7 - Boulder Creek; adopted RESOLUTION NO. 118-2011 confirming previously approved increase in benefit assessments for CSA No. 10 - Rolling Woods;

adopted RESOLUTION NO. 119-2011 confirming previously approved increase in benefit assessments for CSA No. 41 - Loma Prieta; adopted RESOLUTION NO. 120-2011 confirming previously approved increase in benefit assessments for CSA No. 43 - Bonita Encino; adopted RESOLUTION NO. 121-2011 confirming previously approved increase in benefit assessments for CSA No. 44 - Sunbeam Woods;

adopted RESOLUTION NO. 122-2011 confirming previously approved increase in benefit assessments for CSA No. 51 - Hopkins Gulch; adopted RESOLUTION NO. 123-2011 confirming previously approved increase in benefit assessments for CSA Nos. 57D and 57S - Graham Hill (Woods Cove); and adopted RESOLUTION NO. 124-2011 the reduced rate for CSA No. 20 - Trestle Beach; adopted RESOLUTION NO. 125-2011 setting May 3, 2011 at 9:00 a.m. or thereafter, as the date and time for a public hearing on the proposed benefit assessment/service charge reports for various County Service Areas and directed the Clerk of the Board to approved related actions, as recommended by the Director of Public Works

34.   APPROVED plans, specifications, and engineer's estimate for the East Cliff Parkway Project - 32nd Avenue to 41st Avenue and authorized calling for bids; set the bid opening on May 5, 2011 at 2:15 p.m. in the Public Works conference room; directed staff to return on May 17, 2011 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

35.   APPROVED re-allocation of funds in the amount of $16,000 to purchase a large color format plotter, as recommended by the Director of Public Works

36.   DELETED ITEM

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED a public hearing on Tuesday, May 3, 2011 at 9:00 a.m. or thereafter to consider a modification to the Affordable Housing Preservation Program guidelines, as recommended by the Planning Director

38.   AS THE BOARD OF SUPERVISORS AND THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED the Draft Relocation Plan for the Capitola Road Neighborhood Commercial/Public Facilities Site and approved related action, as recommended by the Redevelopment Agency Administrator

39.   AS THE BOARD OF SUPERVISORS AND THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DEFERRED consideration of third party agreements for projects included in the First Payment Schedule of the Amended and Restated Cooperation Agreement; with direction that the County Administrative Officer return on May 3, 2011 with the third party agreement for approval

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

CONFERENCE WITH LEGAL COUNSEL

United Veterans Council v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV167145

AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD,

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

5300 Soquel Ave, Santa Cruz CA

Assessor's Parcel Number: 029-021-55

Under negotiation: price and terms of payment

Negotiating Parties: Travis Cary, Chief Real Property Agent and Bay Federal

5400 Soquel Ave, Santa Cruz, CA

Assessor's Parcel Number: 029-021-56

Under negotiation: price and terms of payment

Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

5200 Soquel Ave

Assessor's Parcel Number: 029-021-57

Under negotiation: price and terms of payment

Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

2400 Chanticleer Avenue, Santa Cruz, CA

Assessor's Parcel Number: 029-021-58

Under negotiation: price and terms of payment

Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

Parking Lot Only, Santa Cruz, CA

Assessor's Parcel Number: 029-021-59

Under negotiation: price and terms of payment

Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

41.   Public hearing held to consider the Housing Advisory Commission and Planning Commission recommendations on a proposal to amend Santa Cruz County Code Chapter 13.10 regarding regulations for vacation rentals and to considered an urgency ordinace to implement a temporary moratorium on the establishment of vacation rental use in the coastal zone of the unincorporated area of the County for 45 days;

(1) conducted public hearing on the proposed vacation rental ordinance;

(2) expressed an intention to adopt the proposed vacation rental ordinance (Attachment 2) with the following changes to the version recommended by the Planning Commission: a) clarify the language in the ordinance to read, 'all zone districts that allow residential uses' in the appropriate sections; b) clarify the criteria for renewal or non-renewal; c) revisit the signage requirements to include a minimum size or street visibility requirement; d) modify the last sentence of section K relating to violations of the ordinance to read, Evidence of significant violations includes copies of citations, written warnings, and other documentation; e) clarify that a permit can be revoked and what the grounds for revocation are, such as repeated violations of this ordinance or failure to pay Transient Occupancy Tax; f) add the language on from the Planning Commission recommendations on page 408, last sentence of section 13, '...or other documents which substantiate allegations of significant violations' to the ordinance; g) modify the language on the urgency ordinance, page 424, on the fourth line under the eighth whereasadd the word new, so the sentence reads '...therefore it is appropriate to establish a moratorium on new vacation rentals.' and consistent with that, in section one, modify the sentence to read, '...a moratorium against the establishment of any new vacation rentals' and; h) refer this matter back to the Commission at its April 13, 2011 meeting for report and recommendation;

(3) ADOPTED ORDINANCE NO. 5089, as an urgency measure, establising a temporary moratorium on the establishment of vacation rentals in the coastal zone (Attachment 3) as amended above;

(4) continued this public hearing to May 3, 2011, at 9:00 a.m. or thereafter, to consider the proposed vacation rental ordinance (Attachment 2), and;

(5) directed the Clerk of the Board to provide the appropriate public notice of the hearing.
LCoPcaS

42.   Public hearing held on the dissolution of previously created zones within the County Service Area (CSA) No. 46 - Pinecrest Drive, and on proposed 2011-2012 benefit assessments for CSA No.13A - Oak Flat Road; CSA No. 24 - Pineridge; CSA No. 32 - View Circle; CSA No. 35 - Country Estates; CSA No. 46 - Pinecrest Drive; and CSA No. 50 - The Vineyard;

(1) opened public hearing, to hear objections or protests, to the dissolution of previously created zones within County Service Area 46, Pinecrest Drive;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 126-2011 to dissolve previously created zones within County Service Area No. 46, Pinecrest Drive;

(4) opened public hearing, to hear objections or protests, to the proposed benefit assessments for CSA No. 13A, Oak Flat Road; CSA No. 24, Pineridge; CSA No. 32, View Circle; CSA No. 35, Country Estates; CSA No. 46, Pinecrest Drive; and CSA 50, The Vineyard;

(5) requested submittal of all ballots for the proposed 2011/2012 benefit assessments for CSA No. 13A, Oak Flat Road; CSA No. 24, Pineridge; CSA No. 32, View Circle; CSA No. 35, Country Estates; CSA No. 46, Pinecrest Drive; and CSA 50, The Vineyard;

(6) closed public testimony portion of the public hearing; and

(7) continued the public hearing to May 3, 2011, to allow for tabulation and certification of the ballots
CaPLCoS

43.   Public hearing held to consider the 2010 Annual General Plan Report;

closed public hearing;

(1) accepted and filed the 2010 Annual General Plan Report; and

(2) directed Planning staff to provide copies of the Report to the Office of Planning and Research and the Department of Housing and Community Development, as required by State Law
LCoPCaS

44.   Public hearing held to consider Planning Commission recommendation on a proposal to amend Santa Cruz County Code Chapter 13.10 regarding regulations for fences, walls, and corner sight clearance triangles in required yards;

(1) conducted public hearing on the proposed fence ordinance;

(2) expressed an intention to adopt the fence ordinance with changes as determined by the Board and referred any changes the Board intends to make to the version of the ordinance that was recommended by the Planning Commission back to the Commission at its April 27, 2011 meeting for report and recommendation with the additional direction that the Planning Commission review the situations in which an eight foot fence would be requested in a front yard; and

(3) continued public hearing to May 17, 2011, at 9:00 a.m. or thereafter to consider the proposed fence ordinance for final adoption, including adoption of the Negative Declaration and direction to submit the ordinance to the Coastal Commission
PLCoCaS

45.   APPROVED appointment of Maria Arreola to the Area Developmental Disabilities Board VII, as an at-large representative, for a term to expire January 1, 2014
PLCoCaS

46.   APPROVED appointment of James Parker to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2014
CaPLCoS

47.   CONSIDERED an ordinance amending Section 2.02.060 of the Santa Cruz County Code by adding new Subdivisions E and F relating to cap on increases to compensation for members of the Board of Supervisors;

MOTION to approve "in concept" ordinance amending Section 2.02.060 of the Santa Cruz County Code by adding new Subdivisions E and F relating to cap on increases to compensation for members of the Board of Supervisors; MOTION FAILED due to lack of a second.

47.1.   ADOPTED RESOLUTION NO. 128-2011 supporting the passage of Assembly Bill 1081, which would modify California's Memorandum of Agreement with the U.S. Immigration and Customs Enforcement Agency to honor the decisions by local jusridictions by making Secure Communities an "opt-in" program, and approved related action, as recommended by Supervisors Caput and Stone
LCoPCaS

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