Santa Cruz County Board of Supervisors Minutes: 3/20/2012

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2012, NUMBER 7
Tuesday, March 20, 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 62.1, 62.2, 62.3 and 62.4
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 February 28, 2012, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 1, 2012 through March 14, 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 the Claim of Lisa Silga, Claim No. 112-060, and referred to County Counsel

11.   REJECTED the Claim of Holzman and Daw, Inc., Claim No. 112-061, and referred to County Counsel

12.   REJECTED the Claim of Christian Hudson, Claim No. 112-062, and referred to County Counsel

13.   REJECTED the Claim of Joseph Barrera, Claim No. 112-063, and referred to County Counsel

14.   APPROVED the extension of three limited term Agricultural Biologist Aide positions in budget unit 103210 for Fiscal Year 2011-2012, as recommended by the Agricultural Commissioner

15.   ACCEPTED AND FILED the Comprehensive Annual Financial Report and the Single Audit Report of the County of Santa Cruz for the fiscal year ended June 30, 2011, as recommended by the Auditor Controller

16.   APPROVED transfer of appropriations in the amount of $6,000 from Index 574000 rents and leases to Index 572000 fixed assets and approved the purchase of a replacement touch-screen intercom unit in Juvenile Hall, as recommended by the Chief Probation Officer

17.   ACCEPTED AND FILED report on Community Corrections Partnership Plan, as recommended by the Chief Probation Officer and Sheriff-Coroner

18.   ADOPTED RESOLUTION NO. 36-2012 ordering the elections called by school districts to be consolidated with the June 5, 2012 Presidential Primary Election, as recommended by the County Clerk

19.   ACCEPTED the Notice of Completion for the 1080 Emeline Chiller and Cooling Tower Replacement Project in Santa Cruz. Approved the final cost of $180,066 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

20.   ACCEPTED the Notice of Completion for the Polo Grounds County Park Groundwater Recharge Enhancement Project in Aptos. Approved the final cost of $226,218.73 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

21.   ACCEPTED status report on the development of a new agreement with Santa Clara County which would provide compensation to Santa Cruz County Fire for emergency response into those remaining areas that are not included in any fire protection district and return on or before June 12, 2012 with a further status report, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 37-2012 proclaiming the week of March 25, 2012 through March 31, 2012 as "Tsunami Awareness and Preparedness Week" in Santa Cruz County, as recommended by the Director of General Services

23.   ADOPTED RESOLUTION NO. 38-2012, amending salary Resolution No. 279-75, to implement various personnel actions, as recommended by the Personnel Director

24.   DELETED ITEM

25.   APPROVED the contract amendment with American Alarm Company, Inc. to increase the encumbrance to $206,500, as recommended by the Sheriff-Coroner

26.   APPROVED the contract amendment with BMI Imaging Systems, Inc. to complete the document scanning and indexing in the amount of $22,801; and adopted RESOLUTION NO. 39-2012 accepting unanticipated revenue in the amount of $22,801 from Drug Asset Forfeiture Trust Funds, as recommended by the Sheriff-Coroner

27.   APPROVED Memorandum of Understanding between the Sheriff's Office and Superior Court for court security services and authorized the Chairperson to sign the MOU, as recommended by the Sheriff-Coroner

28.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending February 29, 2012, as recommended by the Treasurer-Tax Collector

29.   APPROVED reappointment of Toni Campbell to the First 5 Commission, for a term to expire April 1, 2013, as recommended by Supervisor Leopold

30.   APPROVED reappointment of Dr. Salem Magarian to the First 5 Commission, for a term to expire April 1, 2013, as recommended by Supervisor Pirie

31.   APPROVED reappointment of Richard J. Jevons to the Mental Health Advisory Board, for a term to expire April 1, 2015, as recommended by Supervisor Pirie

32.   SEE ITEM NO. 75.2 REGULAR AGENDA

33.   APPROVED reappointment of Faris Sabbah to the First 5 Commission, for a term to expire April 1, 2013, as recommended by Supervisor Caput

34.   APPROVED reappointment of Kathy Frandle to the First 5 Commission, for a term to expire April 1, 2013, as recommended by Supervisor Stone

35.   APPROVED reappointment of Ann Andrews to the Mental Health Advisory Board, for a term to expire April 1, 2015, as recommended by Supervisor Stone

36.   SEE ITEM NO. 75.1 REGULAR AGENDA

37.   ACCEPTED AND FILED the Water Advisory Commission report for calendar years 2010 and 2011, and approved related action, as recommended by Chair Leopold

38.   ACCEPTED AND FILED report on appointments to the Oversight Board of the Santa Cruz County Redevelopment Successor Agency Successor, made by outside appointing authorities, as recommended by Chair Leopold

39.   ACCEPTED AND FILED annual report on ambulance diversions and hospital restricted status and requested the Health Services Agency return with a annual report in March of 2013, as recommended by the Director of Health Services

40.   ACCEPTED AND FILED report and directed the Health Services Agency to return with an additional update no later than September 11, 2012, as recommended by the Director of Health Services

41.   AUTHORIZED the Health Services Agency Alcohol and Drug Program to submit a grant proposal to the Federal Substance Abuse and Mental Health Services Administration for $50,000 per year for four years to strengthen community coalitions to prevent alcohol abuse among youth, as recommended by the Director of Health Services

42.   ACCEPTED AND FILED the Santa Cruz County 2011 Comprehensive Economic Development Strategy Plan Update and authorized the Workforce Investment Board to submit the 2011 Comprehensive Economic Development Strategy Update to the Economic Development Administration for final approval, as recommended by the Director of Human Services

43.   APPROVED amendment to the existing agreement with the Parents Center, increasing the amount by $16,677; and authorized the Director of Human Services to execute agreement, as recommended by the Director of Human Services

44.   APPROVED amendment to the Community Programs contract with Family Service Agency of the Central Coast for FY 2011-12, consolidating the funds remaining in Survivor's Healing Center's FY11-12 contract in the amount of $5,512 for a combined contract total of $53,417; approved the transfer of budget appropriations in the amount of $5,512 from Survivor's Healing Center to Family Service Agency of the Central Coast; and authorized the Director of Human Services to execute the contract amendment, as recommended by the Director of Human Services

45.   SCHEDULED public hearing on Tuesday, April 10, 2012 at 9:00 a.m. or thereafter to consider two Coastal Commission suggested modifications to proposed amendments to the County's fence regulations in County Code Chapters 13.10 and 13.20 regarding public viewshed protection and the definition of hedge and approved related actions, as recommended by the Planning Director

46.   SCHEDULED public hearing on Tuesday, April 10, 2012 at 9:00 a.m. or thereafter to consider the recommendation of the Planning Commission to approve Application Number 101087 (Vieira Enterprises, Inc.), to rezone a 58-space mobilehome park from RM4-MH to RM3-MH for consistency with the existing density, demolish an accessory structure and add one new mobilehome space, and to recognize the conversion of the manager's dwelling to a rental unit within the mobilehome park, and to repair and stabilize an access road within the park, located at 2565 Portola Drive in the Live Oak Planning area, as recommended by the Planning Director

47.   ACCEPTED the improvements and approved the final cost of $96,506.47 for the County Service Area No. 26, Hidden Valley Road Improvements project and approved related action, as recommended by the Director of Public Works

48.   ACCEPTED the improvements and approved the final cost of $246,094.29 for the Schulties Road Storm Damage Repair Project and approved related action, as recommended by the Director of Public Works

49.   ADOPTED RESOLUTION NO. 40-2012 authorizing the submittal of a grant application for Pest Management Alliance grant funds for integrated management of roadside and levee vegetation, as recommended by the Director of Public Works

50.   ADOPTED RESOLUTION NO. 41-2012 approving the submittal of a grant application for funds from the State Safe Routes to School Program for a bike lane and pedestrian safety improvement project near Valencia Elementary School, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 42-2012 of intention to modify boundaries of the Entrance Zone within County Service Area (CSA) No. 55, Riverdale Park and to create an additional zone within CSA No. 55, Riverdale Park and set Tuesday, May 8, 2012 at 9:00 a.m. or thereafter as the date and time for the public hearing; accept and approved engineer's report for CSA No. 55, Riverdale Park; adopted RESOLUTION NO. 43-2012 of intention to authorized and levy a new or increased assessment for road maintenance and operations; approved notice of public hearing, ballot procedures, and ballots for the proposed 2012/2013 assessment; set Tuesday, May 8, 2012 at 9:00 a.m. for a public hearing; and approved related action, as recommended by the Director of Public Works

52.   APPROVED independent contractor agreement with Pacific Crest Engineering, Inc., to perform soil and materials testing, and inspection services for various construction projects in the not-to-exceed amount of $10,000, and approved related action, as recommended by the Director of Pubic Works

53.   APPROVED agreement with Peninsula Open Space Trust and Sempervirens Fund allowing appropriate County employees to enter their property for the purpose of conducting periodic inspections of the property's water infrastructure, and approved related action, as recommended by the Director of Public Works

54.   APPROVED permit conditions for the 2012 Amgen Tour of California Bike Race on May 14, 2012, and approved related action, as recommended by the Director of Public Works

55.   APPROVED permit conditions for the 2012 Mountain Charlie Challenge Bike Ride event on May 5, 2012, and directed Public Works Department to issue the ride permit upon receipt of the $111 processing fee, as recommended by the Director of Public Works

56.   AUTHORIZED the Chairperson of the Board to send a letter to Governor Jerry Brown requesting reconsideration for California Disaster Assistance Act funding for the County's March 2011 Storms Event, as recommended by the Director of Public Works

57.   APPROVED plans and specifications and engineer's estimate for the Soquel San Jose Road Storm Damage Repair Project; authorized calling for bids and set the bid opening on April 19, 2012 at 2:15 p.m. in the Public Works conference room; directed staff to return on May 8, 2012 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

58.   APPROVED amendment to agreement with Stearns, Conrad and Schmidt, Inc., dba SCS Field Services increasing scope of work to include preparation of annual reports for the County's landfills in compliance with state and federal greenhouse gas regulations increasing budget for non-routine maintenance and repairs, and by increasing compensation by $13,000 per fiscal year for a not-to-exceed amount of $105,000, and approved related actions, as recommended by the Director of Public Works

59.   ADOPTED RESOLUTION NO. 44-2012 authorizing submittal of grant application to the California Department of Fish and Game in the amount of $286,500 for Road-Related Sediment Reduction Projects in the San Lorenzo River Watershed, as recommended by the Director of Public Works

60.   APPROVED program supplement to County-State Agreements for various bridge replacement projects and a bridge scour repair project; adopted RESOLUTION NUMBER 45-2012 through RESOLUTION NUMBER 50-2012 authorizing execution of program supplements, and approved related action, as recommended by the Director of Public Works

61.   APPROVED independent contractor agreement with Gene Bregman and Associates in the not-to-exceed amount of $24,000 to conduct public opinion survey; directed Public Works to return on or before May 22, 2012 with the results of the public opinion survey; and approved related action, as recommended by the Director of Public Works

62.   AS THE BOARD OF SUPERVISORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, APPROVED the Amended Enforceable Obligation Payment Schedule, and approved the Amended Recognized Obligation Payment Schedule, as recommended by the County Administrative Officer

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

62.2.   DEFERRED report on status of Williamson Act to May 15, 2012, as recommended by the Planning Director

62.3.   ADOPTED RESOLUTION NO. 51-2012 appointing Greg Jones as the County Surveyor, and directed the Public Works Department and Personnel Department to take related actions, as recommended by the Director of Public Works

62.4.   DIRECTED County Counsel, no later than April 2, 2012, to submit the County's protest to the Public Utilities Commission to the petition submitted by PG&E to exercise its right to turn off power to its customers who have significant concerns with the company's vegetation management plans for their property, and further authorized County Counsel, on the County's behalf, to join any other protests related to this issue as deemed appropriate by County Counsel, as recommended by Supervisors Coonerty and Stone

63.   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

REPORT OF COUNTY COUNSEL - no report given.

REGULAR AGENDA

64.   Public hearing held to consider the 2011 General Plan Annual Report;

(1) opened public hearing on the 2011 General Plan Annual Report;

(2) accepted and filed report; and

(3) due to a noticing issue, continued public hearing to April 10, 2012 for final action on this item.
PCoCaSL

65.   Public hearing held to consider proposed ordinance adding Chapter 7.23 to the Santa Cruz County Code establishing minimum standards for the recycling of electronic waste;

(1) opened public hearing, to take testimony, regarding the proposed ordinance adding Chapter 7.23 to the Santa Cruz County Code establishing minimum standards for the recycling of electronic waste;

(2) closed public hearing;

(3) approved "in concept" ordinance adding Chapter 7.23 to the Santa Cruz County Code establishing minimum standards for the recycling of electronic waste to return on April 10, 2012 for final adoption

CaSPCoL

66.   Continued public hearing to consider proposed amendments to Chapters 12.10, 13.10, 13.11,16.10 and 18.10 of the Santa Cruz County Code and related amendments to the General Plan/Local Coastal Program to provide new regulations for nonconforming uses and structures, revise "altered wall" provisions, update regulations for certain commercial uses and selected parking standards, amend Geologic Hazard Regulations regarding when the County is authorized to require geologic review, update the Level 4 permit approval process and "clean-up" selected code provisions; and to adopt a resolution to establish Administrative Guidelines for Evaluating Modification of Existing Structures;

MOTION to approve staff recommendations with the following changes:

(1) reopened public hearing;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 52-2012 (Attachment 1) adopting the Negative Declaration (Attachment 2), submitting the ordinance (Exhibit A to Attachment 1) and General Plan/Local Coastal Program amendment (Exhibit B to Attachment 1) to the California Coastal Commission;

(4) ADOPTED ORDINANCE NO. 5119 (Exhibit A to Attachment 1) to amend Chapter 12.10 of the Santa Cruz County Code to Delete the Administrative Amendment Defining "Structure"; to amend Chapter 13.10 to Delete the Existing Provisions Governing Non-Conforming Uses and Structures and Adopt New Provisions, Amend Various Provisions to Facilitate Commercial Uses, Update Selected Parking Regulations, and Correct Errors, Omissions and References; to Amend Chapter 13.11 to Clarify Building Design Review Criteria; to Amend Chapter 16.10 to Update the Definition of Development as it Pertains to Geologic Hazards; and to Amend Chapter 18.10 to Modify Appeals and Level IV Permit Procedures;

(5) Adopted the proposed General Plan/Local Coastal Program Amendments (Exhibit B to Attachment 1);

(6) ADOPTED RESOLUTION NO. 53-2012 (Attachment 2) for the purpose of adopting the proposed Administrative Guidelines (Exhibit A to Attachment 2);

(7) with the additional directions to: (a) incorporate option listed on page 435 modifying Section 13.10.261(c)1 to require an Administrative Site Permit for additons up to 50% of the square footage of the existing building and a Conditional Use Permit (Level V approval) for additions greater than 50% of the square footage of the existing building; (b) delete 13.10.260(c)(5) and remove 13.10.260(c)(4) from the ordinance; (c) reduce the percentage of major structural components that change required Administrative Site Development Permit to 65% instead of 75%;

(8) staff recited the following additional recommendations on record:

(a) On page 437, delete “as defined by this chapter" and add, "or located within riparian corridors or sensitive habitats” after the words “existing critical structure or facility."

Supervisor Pirie requested motion be divided to reduce the percentage of major structural components that would trigger the requirement for an Administrative Site Development Permit.

MOTION to reduce the percentage of major structural components that change required Administrative Site Development Permit to 65% instead of 75%;

(1) SCaPCoL
(2) SCapcoL

67.   CONSIDERED adoption of resolution approving proposed amendments to the Measure J Affordable Housing Guidelines and to the Affordable Housing Preservation Program;

(1) ADOPTED RESOLUTION NO. 54-2012 amending the Affordable Housing Guidelines (Exhibit A to the resolution) to incorporate the changes summarized in the Letter of the Planning Director dated March 8, 2012;

(2) authorized the Planning Director to take actions as needed to modify the Swan Lake affordability restrictions to allow owners to participate in the Investor-Owner program; and

(3) authorized the Planning Director to reconvey affordability restrictions through "short sale" escrows as described in the letter of the Planning Director dated March 8, 2012
PCocaSL

68.   CONSIDERED report on the proposed Zero Waste EcoPark;

(1) accepted and filed report and presentation on the status of the proposed Zero Waste EcoPark project; and

(2) directed Public Works to provide annual updates on plans for the EcoPark and other Recycling and Solid Waste operations
CoS/P/CaL

69.   APPROVED appointment of Terry A. Medina to the Oversight Board of the Watsonville Redevelopment Successor Agency, as the County's public member representative
SCo/P/CaL

70.   APPROVED appointment of Cynthia Mathews to the Oversight Board of the Santa Cruz City Redevelopment Successor Agency, as the County's public member representative
CoS/P/CaL

71.   APPROVED appointment of Jack Dilles to the Oversight Board of the Scotts Valley Redevelopment Successor Agency, as the County's public member representative
SCa/P/CoL

72.   APPROVED appointment of Gayle Ortiz to the Oversight Board of the Capitola Redevelopment Successor Agency, as the County's public member representative
CoCa/P/SL

73.   APPROVED appointments of members of the Board of Supervisors to serve on various Oversight Boards of Successor Agencies for former Redevelopment Agencies in the Cities of Capitola, Santa Cruz, Scotts Valley, and Watsonville, as outlined
CoCa/P/SL

74.   APPROVED appointment of Supervisor John Leopold, Reed Geisreiter, and Susan Rozario to the Santa Cruz County Redevelopment Successor Agency Oversight Board, in the categories indicated
CaCo/P/SL

75.   APPROVED reappointment of Cecilia Espinola, Giang T. Nguyen, Michael C. Watkins, and Supervisor Mark W. Stone to the First 5 Commission, as at-large representatives, for terms to expire April 1, 2013
SCo/P/CaL

75.1.   ADOPTED RESOLUTION NO. 55-2012 supporting the bills that comprise the "California Homeowner Bill of Rights," and directed the Chair to contact the County's legislative delegation to urge their support and also to urge that the legislation, when adopted, not prevent further action by local governments interested in enacting additional programs of support for vulnerable homeowners, as recommended by Supervisor Leopold
SCo/P/CaL

75.2.   DIRECTED the County Administrative Officer to gather input from the County's Seniors Commission, the In-Home Supportive Services Advisory Commission, County Counsel, the Human Services Department and District Attorney Bob Lee and return to the Board on or before June 12, 2012, with a report concerning the need and usefulness of a proposed ordinance for licensing caregivers for the elderly; with the additional direction to include the Seniors Council
CoS/P/CaL

76.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 7, to convene and carry out a regularly scheduled meeting at 7:00 p.m. in the Watsonville City Council Chambers, located at 275 Main Street, Fourth Floor, Watsonville CA

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