Santa Cruz County Board of Supervisors Minutes: 9/13/2011

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2011, NUMBER 21
Tuesday, September 13, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eight people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 23, 2011, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 18, 2011 through September 7, 2011 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 the claim of Daniel and Denise Fullen, Claim No. 112-007a, and referred to County Counsel

11.   REJECTED the claim of Elizabeth Pitzer, Claim No. 112-017, as insufficiently filed, and referred to County Counsel

12.   REJECTED the claim of Denhoy-Snug Harbor - c/o Law Office of David Spangenberg, Claim No. 112-018, and referred to County Counsel

13.   REJECTED the claim of James Jackson, Claim No. 112-019, and referred to County Counsel

14.   REJECTED the claim of Wayne Wyckoff, Claim No. 112-021, and referred to County Counsel

15.   ADOPTED RESOLUTION NO. 272-2011 fixing and levying the 2011-2012 tax rates, as recommended by the Auditor-Controller

16.   DIRECTED the Auditor-Controller to transfer the stale dated warrant issued to Cellular One in the amount of $1,175 to the General Fund, as recommended by the Auditor-Controller

17.   APPROVED County response to 2010-2011 Grand Jury Final Report and approved related actions, as recommended by the County Administrative Officer
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18.   DEFERRED report on tree planting to September 20, 2011, as recommended by the County Administrative Officer

18.1.   APPROVED Memoranda of Understanding to amend the Joint Occupancy Agreement between the County and the Administrative Office of hte Court to recognize the Superior Court's use of a portion of the Atrium for Court Security, and the County's use of approximately 250 square feet of office space on the second floor of the Administrative Building, and authorized the Chairperson of the Board of Supervisors to sign the MOUs on behalf of the County, as recommended by the County Administrative Officer

19.   ADOPTED RESOLUTION NO. 273-2011 appointing members In-Lieu of Election to the Board of Directors of the Alba Park, Recreation and Parkway District; ADOPTED RESOLUTION NO. 274-2011 appointing members In-Lieu of Election to the Board of Directors of the Opal Cliffs Recreation Department; ADOPTED RESOLUTION NO. 275-2011 appointing members In-Lieu of Election to the Board of Directors of the Salsipuedes Sanitary District; ADOPTED RESOLUTION NO. 276-2011 appointing members In-Lieu of Election to the Board of Directors of the Depot Hill Geological Hazard Abatment District; ADOPTED RESOLUTION NO. 277-2011 appointing members In-Lieu of Election to the Board of Directors of the Place De Mer Geological Hazard Abatement District; accepted notification that applications for the vacant position existing on the Salsipuedes Sanitary District will be forwarded to the Board of Supervisors for an appointment to be made prior to November 8, 2011, as recommended by the County Clerk

20.   ACCEPTED AND FILED the District Attorney's Annual Report to the Legislative Analyst's Office for the 2010-2011 Real Estate Fraud Program, as recommended by the District Attorney

21.   ACCEPTED the status report for the updated automatic aid agreement with Santa Clara County and directed staff to return on or before October 4, 2011 with the final agreement for approval and with a status report on Santa Clara County compensation to Santa Cruz Fire for emergency response into the remaining unprotected areas on or before December 13, 2011, as recommended by the Director of General Services

22.   APPROVED plans and specifications for the Emeline Server Room Air Conditioning Upgrade Project; directed General Services to advertise for bids and set the bid opening on October 11, 2011, as recommended by the Director of General Services

22.1.   ADOPTED RESOLUTION NO. 278-2011 approving non-industrial disability retirement for a safety member, as recommended by the Director of Personnel

23.   ADOPTED RESOLUTION NO. 279-2011 providing for the extension of the fee portion of the Abandoned Vehicle Abatement program, as recommended by the Sheriff-Coroner

24.   APPROVED reappointment of Bob Stokes to the Santa Cruz County Flood Control and Water conservation District - Zone 7 Board of Directors, as a non-voting member, for a term to expire April 1, 2015, as recommended by Supervisor Caput

24.1.   ADOPTED RESOLUTION NO. 280-2011 recognizing the rights of individuals to grow and consume their own food products and to enter into private contracts with other individuals to board animals for food, as recommended by Supervisors Coonerty and Pirie

24.2.   ADOPTED RESOLUTION NO. 281-2011 in support of Propostion 1481, the Oil Extraction Tax to Rescue Education Proposition Initiative Statute, as recommended by Supervisors Coonerty and Pirie

24.3.   DIRECTED the County Administrative Officer to convene a Task Force to discuss long-term financing for the GEMMA program, identify funding sources, and explore expansion of the GEMMA model, with a report back to the Board on or before January 24, 2012, and appointed Supervisors Coonerty and Leopold to serve as the Board's representatives to the Task Force, as recommended by Supervisors Coonerty and Leopold

25.   ADOPTED RESOLUTION NO. 282-2011 requesting that the Governor declare a statewide emergency resulting from the infestation of Dreissenid mussels into various water bodies of California, and further urging that the State of California take all necessary actions to ensure that Dreissenid mussels do not advance into other areas of the state, as recommended by Chairperson Stone

26.   APPROVED appointment of Ron Pomerantz to the Housing Authority Board of Commissioners, as the representative of the Community Action Board of Santa Cruz County, Incorporated, for a term to expire September 13, 2015, as recommended by Chairperson Stone

27.   APPROVED the Conflict of Interest Code for Pacific Collegiate School, as recommended by Chairperson Stone

28.   ACCEPTED the Low Income Health Plan implementation progress report; directed staff to continue revenue agreement negotiations with the State and return on November 15, 2011 with a status report; authorized the Director of Health Services to sign the Low Income Health Plan Contract and approved related actions, as recommended by the Director of Health Services

29.   APPROVED agreement with New Life Community Services for alcohol and drug treatment services in the amount of $10,867 and approved related actions, as recommended by the Director of Health Services

30.   APPROVED lease agreement with Janus of Santa Cruz for the use of County owned space at 1010 Emeline, Santa Cruz CA, and approved related actions, as recommended by the Director of Health Services

31.   AUTHORIZED the County Administrative Officer to issue an ambulance operator's license to American Medical Response West for 2011-2012, as recommended by the Director of Health Services

32.   ACCEPTED AND FILED report on the status of the State Department of Transportation (CalTrans) Community-Based Transportation Planning Grant application to conduct Phase II of the Santa Cruz County Sustainable Community and Transit Corridors Plan; and approved related action, as recommended by the Planning Director

33.   ACCEPTED the low bid from Earthworks Paving Contractors, Inc. in the amount of $113,284 for the County Service Area No. 26, Hidden Valley Road project; authorized award of contract; and approved related actions, as recommended by the Director of Public Works

34.   APPROVED final map of Tract 1555, Harbor Townhomes; authorized the Director of Public Works to sign the Subdivision Agreement; and approved related actions, as recommended by the Director of Public Works

35.   APPROVED permit conditions for the 2011 Golden State Challenge event on October 2 and October 3, 2011 and approved related actions, as recommended by the Director of Public Works

36.   DEFERRED approval of the two water utility agreements for the 2011 Pavement Management Project and directed staff to return with the proposed agreements on or before November 15, 2011, as recommended by the Director of Public Works

37.   DEFERRED report on the County's pavement condition to November 8, 2011, as recommended by the Director of Public Works

38.   RATIFIED independent contractor agreement with Pacific Geotechnical Engineering for initial site assessment of the debris flow on Nelson Road; authorized a lump sum payment in the amount of $15,634.78 and approved related actions, as recommended by the Director of Public Works

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT - ZONE 7A, APPROVED transfer of funds in the amount of $35,000 from the Pajaro River Flap Gate Culvert project to the Bowker Road/La Casa Court Storm Drain project; approved amendment to agreement with Bowker Drainage LLC, increasing the contract by $35,000 for a not-to-exceed reimbursement total of $275,000, for additional project related costs and approved related actions, as recommended by the District Engineer

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: All County Employee Organizations and Associations

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

41.   Continued public hearing to consider adoption of an ordinance adding Chapter 5.48 to the Santa Cruz County Code relating to the reduction of single-use plastic and paper carry-out bags;

(1) reopened public hearing and continued to take testimony;

(2) closed public hearing;

(3) adopted RESOLUTION NO. 283-2011 adopting the Mitigated Negative Declaration for addition of Chapter 5.48 to the Santa Cruz County Code relating to the ban of single-use plastic carryout bags and the reduction of single-use paper carryout bags;

(4) adopted "in concept" ordinance adding Chapter 5.48 to the Santa Cruz County Code Relating to the Reduction of Single-use Plastic and Paper Carryout Bags in unincorporated Santa Cruz County to return on September 20, 2011 for final adoption;

(5) directed the Clerk of the Board to take related action; and

(6) directed Public Works to return on or before September 30, 2012, with a report on the implementation of the new ordinance
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42.   CONTINUED public hearing to consider Redistricting of Supervisorial Boundaries;

(1) accepted and filed report on the Redistricting of supervisorial boundaries;

(2) approved September 16, 2011 at 5:00 p.m. PDT as the date and time for which redistricting plans must be received for consideration by the Board of Supervisors; approved the Public Hearing schedule as now proposed in the letter of the County Administrative Officer of September 6, 2011; and directed the Clerk of the Board to notice the Public Hearing for purposes of adopting a Redistricting Plan for Tuesdays, September 20, 2011;

(3) direction made to provide direction to staff as may be appropriate, so that staff may develop an ordinance to amend the County Code Chapter 2.04 with new boundaries, with metes and bounds, legal descriptions, maps and a listing of County parcels by Supervisorial District; and

(4) opened the public hearing, took testimony, and continued the Public Hearing to Tuesday, September 20, 2011 at 10:45 a.m.
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43.   Public hearing held to consider the 2012 Growth Goal;

(1) opened the public hearing on the setting of the Year 2012 Growth Goal;

(2) refered this matter to the Planning commission for consideration and recommendation; and

(3) continued the public hearing to December 6, 2011, with direction to staff to return with the recommendation of the Planning Commission and a resolution for final action by the Board
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44.   CONSIDERED Ordinance repealing the temporary moratorium on the establishment of vacation rental uses in the Live Oak Designated Area of the Coastal Zone;

(1) ADOPTED ORDINANCE NO. 5101 repealing the temporary moratorium on the establishement of vacation rental uses in the Live Oak Designated Area of the Costal Zone
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45.   CONSIDERED Ordinance repealing the temporary moratorium on the establishment of medical marijuana in the Coastal Zone;

(1) ADOPTED ORDINANCE NO. 5102 repealing the temporary moratorium on the establishment of medical marijuana establishments in the Coastal Zone
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46.   APPROVED appointment of Denise M. O'Laughlin to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2014
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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