Santa Cruz County Board of Supervisors Minutes: 2/24/2015

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2015, NUMBER 5
Tuesday, February 24, 2015

ACTION SUMMARY MINUTES

VOTING KEY: L = Leopold, F = Friend, Co = Coonerty, Ca = Caput, M = McPherson; 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 No. 45.1 and Item No. 45.2 DELETED from the Consent Agenda: Item No. 26 ADDED to the Regular Agenda: Item No. 51.1 (renumbered Item No. 26)
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - fourteen people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller-Treasurer-Tax Collector

7.   APPROVED minutes of February 10, 2015, as recommended by the Clerk of the Board

8.   DELETED ITEM

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. 5199 adding Chapter 10.24 to the Santa Cruz County Code relating to Jail Security

11.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending December 31, 2014, as recommended by the Auditor-Controller-Treasurer-Tax Collector

12.   APPROVED and adopted the County of Santa Cruz 2015 Investment Policy, as recommended by the Auditor-Controller-Treasurer-Tax Collector

13.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending January 31, 2015, as recommended by the Auditor-Controller-Treasurer-Tax Collector

14.   ACCEPTED AND FILED status report regarding the process for evaluating the unmet needs of the community in terms of parks, open space, active and passive recreation, natural resource presentation, enhancement and conservation, including a report back on April 21, 2015, as recommended by the Convener, Open Space Project and the County Administrative Officer

15.   ACCEPTED AND FILED request for deferral of consideration of draft surveillance technology use policy, as recommended by the County Counsel

16.   AUTHORIZED payment in the amount of $10,060 to Earthworks Paving Contractors, Inc. for the removal and replacement of damaged pavement and gutters at the Santa Cruz County Government Center parking lot, as recommended by the Director of General Services

17.   AUTHORIZED purchase of a 1977 Cessna 172N aircraft by the Sheriff's Office and approved transfer of $53,887 in appropriations within the Sheriff's Office Budget, as recommended by the Director of General Services

18.   ADOPTED RESOLUTION NO. 27-2015 amending Salary Resolution No. 279-75 and adopted RESOLUTION NO. 28-2015 amending Resolution No. 247-76 to implement various personnel actions, as recommended by the Personnel Director

19.   ADOPTED RESOLUTION NO. 29-2015 approving the membership and reauthorizing the Juvenile Justice Coordinating Council through June 30, 2015; and directed the Probation Department to return on April 21, 2015 with the Multi-Agency Juvenile Justice Plan and Funding Application for the Board of State and Community Corrections Juvenile Justice Crime Prevention Act Program, as recommended by the Chief Probation Officer

20.   APPROVED the Invitation for Bids for competitive pricing for toxicology and other testing services; directed General Services to advertise for bids; and set the bid due date for April 7, 2015, as recommended by the Sheriff-Coroner

21.   APPROVED purchase of KBM Workspace furniture in the amount of $207,695 for necessary office furniture for Building C in the Center for Public Safety, and adopted RESOLUTION NUMBER 30-2015 through RESOLUTION NUMBERS 33-2015 accepting and appropriating unanticipated revenue from various Trust funding in the amounts of $7,333 (Abandoned Vehicle Abatement), $61,451 (Gang Task Force-Cal-MMET), $33,797 (Civil Trust), and $105,114 (Small and Rural County Crime Prevention) to pay for these purchases, as recommended by the Sheriff-Coroner

22.   ADOPTED RESOLUTION NO. 34-2015 supporting the passage of Assembly Bill 48, which would ban the sale of cigarettes with "filters", as recommended by Supervisor Leopold
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23.   APPROVED request to postpone the submission of the Children's Network annual report until July 2015, as recommended by Supervisor Leopold

24.   APPROVED appointment of Liz Taylor-Selling to the Emergency Management Council for a term to expire April 1, 2017, as recommended by Supervisor McPherson

25.   ACCEPTED notification of at-large vacancies on various County advisory bodies, as outlined, with nominations for appointment to be received on March 17, 2015, and final appointments to be considered on March 24, 2015, as recommended by Chairman Caput

26.   DELETED ITEM

27.   APPROVED the revised Emergency Medical Services (EMS) Program Medical Director Services master agreement, increasing the hourly rate to $110, and allowing updated contract terms, and authorized the Director of Health Services to sign; approved an amended version of the revised Emergency Medical Services Program Medical Director Services master agreement, with an effective date of December 1, 2014, and authorized the Director of Health Services to sign, as recommended by the Director of Health Services

28.   APPROVED the Co-Applicant Agreement with the County of Santa Cruz Integrated Community Health Centers Co-Applicant Commission, and approved related actions and authorized the Director of Health Services to sign, as recommended by the Director of Health Services

29.   ACCEPTED AND FILED report on planned timeline and public participation strategy for the County Housing Element update, as recommended by the Planning Director

30.   ACCEPTED AND FILED report on Accessory Dwelling Units and directed the Planning Director to return in or before August 2015 with a review of potential amendments to the existing regulations, and strategies to support the role that Accessory Dwelling Units (ADU) can play in providing affordable housing in the County; with the additional direction not to change the owner occupancy requirement in the ADU program

31.   RATIFIED approval of Rental Agreement for Swan Lake Unit 108 (APN: 027-401-08) with a private party, as recommended by the Planning Director

32.   ACCEPTED AND FILED report on proposed amendments to the County's Wireless Communication Facilities (WCF) Regulations, directed the Planning Department to schedule public hearings before the Planning Commission and Board of Supervisors to consider currently drafted amendments to the WCF Ordinance (January 27, 2015, Item 34) which have been reviewed by an Initial Study, as recommended by the Planning Director

33.   ACCEPTED AND FILED report on posting Vacation Rental contact information on the Planning Department Website, as recommended by the Planning Director

34.   ACCEPTED AND FILED report on Percent for the Arts in Private Development, as recommended by the Directors of Parks and Planning

35.   APPROVED revisions to the Arts Commission by-laws, and approved Just In Time process for community-initiated public art projects, and approved related action, as recommended by the Director of Parks, Open Space and Cultural Services

36.   ADOPTED RESOLUTION NO. 35-2015 approving contract agreement with the California Governor's Office of Emergency Services to complete storm drainage improvements in Rio Del Mar Flats area, and authorized the Director of Public Works to sign the agreement on behalf of the County, and approved related action, as recommended by the Director of Public Works

37.   ADOPTED RESOLUTION NO. 36-2015 confirming previously approved Consumer Price Index increases in benefit assessment rates for County Service Area No. 2, Place de Mer; adopted RESOLUTION NO. 37-2015 confirming previously approved Consumer Price Index increases in benefit assessment rates for County Service Area No. 5, Sand Dollar; adopted RESOLUTION NO. 38-2015 confirming previously approved Consumer Price Index increases in benefit assessment rates for County Services Area No. 7, Boulder Creek; adopted RESOLUTION NO. 39-2015 confirming previously approved Consumer Price Index increases in benefit assessment rates for County Service Area No. 10, Rolling Woods; adopted RESOLUTION NO. 40-2015 confirming previously approved Consumer Price Index increases in benefit assessment rates for County Service Area No. 20, Trestle Beach; adopted RESOLUTION NO. 41-2015 setting April 14, 2015, at 9:00 a.m. or thereafter as the date and time for a public hearing on the proposed benefit assessment/service charge reports; and approved related actions, as recommended by the Director of Public Works

38.   APPROVED agreement with Geosyntec Consultants, Inc., to provide solid waste consulting engineering services for development of storm water pollution prevention plans for the Buena Vista Landfill, and Ben Lomond Transfer Station in the not-to-exceed amount of $25,159, and approved related action, as recommended by the Director of Public Works

39.   APPROVED amendment to agreement with Geosyntec Consultants, Inc., for solid waste engineering and environmental services for Buena Vista Landfill Module 5 construction by increasing compensation by $29,999 for a not to exceed amount of $169,839, and approved related actions, as recommended by the Director of Public Works

40.   ADOPTED RESOLUTION NO. 42-2015 in support of the "Felton Remembers Parade" scheduled for May 23, 2015, and approved related action, as recommended by the Director of Public Works

41.   APPROVED amendment to agreement with Quincy Engineering, Inc., for construction management and quality assurance services for Buena Vista Module 5 construction project by increasing compensation by $179,500 for a not to exceed amount of $429,500, and approved related action, as recommended by the Director of Public Works

42.   DEFERRED report on long-range planning for recycling and solid waste services until March 10, 2015, as recommended by the Director of Public Works

43.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday, May 5, 2015, at 9:00 a.m. or thereafter to consider adoption of an ordinance amending District Code Title 3, Article II, Section 3.08.160 through 3.08.180, for water service charges and District Code Title 4, Article III, Section 4.08.160 through 4.08.180, for sewer service charges for Davenport County Sanitation District sewer and water service charges for 2015/2016, and approved related actions, as recommended by the District Engineer

44.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, SCHEDULED a public hearing on Tuesday May 5, 2015, at 9:00 a.m. or thereafter to consider adoption of an ordinance amending Title 5, Article III, Section 3.08 of the District Code for sewer service charges for 2015/16 in the Freedom County Sanitation District, and approved related actions, as recommended by the District Engineer

45.   AS THE BOARD OF DIRECTORS OF THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT-ZONE 6, ADOPTED RESOLUTION NO. 43-2015 approving agreement with the California Governor's Office of Emergency Services to complete storm drainage improvement in Rio Del Mar Flats area, and authorized the District Engineer to sign the agreement on behalf of the District, and approved related action, as recommended by the District Engineer

45.1.   APPROVED appointment of Videll Gonzales 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 begin on April 1, 2015, and to expire on April 1, 2019, as recommended by Supervisor Caput

45.2.   ACCEPTED AND FILED the Emergency Medical Care Commission report for calendar years 2013/2014, and approved related action, as recommended by Chairman Caput

46.   AS THE BOARD OF SUPERVISORS, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Rena Petri v. County of Santa Cruz, Government Tort Claim No. 415-047

Estate of Bradley G. Dreher, et al. v. County of Santa Cruz, et al., United States District Court Case No. CV-13-02482 PSG

Dale Hammons v. County of Santa Cruz, WCAB Case Numbers ADJ3800150 and ADJ3707514

Aptos Council v. County of Santa Cruz and Board of Supervisors of the County of Santa Cruz, et al., Santa Cruz Superior Court Case No. CV 178868

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

47.   PRESENTATION of awards and proclamations to those employees who achieved excellence in the execution of their duties and responsibilities

48.   AS THE BOARD OF SUPERVISORS FOR THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, consider adoption of resolutions approving the issuance of the Santa Cruz County Redevelopment Successor Agency's 2015 Tax Allocation Refunding Bonds, Series A and Series B, and related actions;

(1) ADOPTED RESOLUTION NO. 44-2015 confirming the issuance of Tax Allocation Refunding Bonds, 2015 Series A, pursuant to an Indenture of Trust, approving a bond purchase agreement and a preliminary official statement and providing other matters relating thereto; and

(2) ADOPTED RESOLUTION NO. 45-2015 confirming the issuance of taxable Tax Allocation Refunding Bonds, 2015 Series B, pursuant to an Indenture of Trust, approving a bond purchase agreement and a preliminary official statement and providing other matters relating thereto
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49.   Public hearing held to Renew Santa Cruz County Tourism Marketing District;

(1) opened public hearing, to accept comments from the public and any protests from properties subject to District Assessments;

(2) closed public hearing;

(3) if any protests are received, request the County Clerk to make a final tabulation;

(4) approved the Management District Plan;

(5) ADOPTED RESOLUTION NO. 46-2015 approving the renewal of the Tourism Marketing District; and

(6) directed the Clerk of the Board to record a notice, a map of the boundary of the assessment area, and a list of the lodging properties to be assessed, pursuant to Streets and Highways Code Section 36627; and

(7) with the additional directions: (a) to waive any irregularity in the form or content of any written protest permitted by Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36623(b); (b) to cap the assessment rate increases, by the change in the Consumer Price Index at no more than 3 percent; and (c) to amend the term or duration of the Tourism Marketing District (TMD) from ten to seven years, so that the duration of the TMD renewal shall commence upon July 1, 2015 and shall terminate on June 30, 2022
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50.   CONTINUED public hearing to consider proposal to amend County Code Sections 13.10.215 "Zoning plan amendment", 13.10.475-478"Regional Housing Need R-Combining District", and Chapters 17.10 "Affordable Housing Requirements" and 17.12 "Residential Density Bonuses and Affordability Incentives", and considered affordable housing impact fee alternatives;

(1) MOTION by Supervisor McPherson, seconded by Supervisor Coonerty:

(A) ACCEPTED recommendations 1 through 10 that are consistent with the staff components, with the addition that the affordable housing impact fees and permit fees will both be waived for all deed-restricted Accessory Dwelling Units build for rental or purchase as follows:

(1) For rental housing, no inclusionary zoning requirement to provide on-site affordable units;

(2) Rental housing projects would be subject to a $2 per habitable square foot affordable housing impact fee, including those ADUs which are constructed as market rate rental units;

(3) Non-residential projects would be subject to a $2 per square foot affordable housing impact fee;

(4) Residential addition projects and any deed-restricted affordable housing units, are exempt from affordable housing requirements;

(5) Residential projects that include on-site inclusionary units will qualify for density bonuses based on all of the units in the project;

(6) Sales prices of on-site inclusionary units will be calculated to be affordable for households earning up to 110% of Area Median Income (AMI);

(7) Projects on lands that the County approves to be rezoned from non-residential to residential use will be subject to the standard applicable 15% on-site or impact fee requirements as apply to other projects;

(8) “R-Combining District” sites will be subject to the standard applicable 15% on-site or impact fee requirements, unless the County or other funding entity provides incentives or funding accepted by the builder;

(9) The County should contact state legislators to explore ability for the County to increase the documentary transfer tax for the purpose of generating funding for affordable housing.

(10) Support for all new developments to be subject to an affordable housing requirement – either payment of AHIF or construction of affordable units on site, depending on size of project; and

(B) APPROVED the following fee structure: Builders of projects with 1 to 4 units will pay affordable housing impact fees per habitable square foot of each unit based on the following non-tiered structure:

.Up to 2,000 sq. ft. $2.00

.2,001-2,500 sq. ft. $3.00

.2,501-3,000 sq. ft. $5.00

.3,0001-4,000 sq. ft. $10.00

.4,001+ sq. ft. $15.00

This fee schedule to take effect on one unit projects as part of adopting the Unified Fee Schedule during Budget Hearings this June. Therefore would become effective middle or end of August of 2015;

(C) DIRECTED the staff to review the Affordable Housing Ordinance, including the fee structure, in two years after adoption and report back to the Board; and

(D) DIRECTED the staff to study an additional incentive for building Accessory Dwelling Units and report back to the Board in August as part of their over-all analysis of ADU regulations and fees to include that if a primary residence this is to take a look at this-if a primary residence is built with a deed-restricted ADU on the same property as part of one project, the affordable housing impact fees for the main dwelling unit may be waived.

(2) MOTION by Supervisor McPherson, seconded by Supervisor Coonerty:

ACCEPTED the recommendation of the Housing Advisory Commission and Planning Commission to give builders the ability to choose whether they pay a $15 per habitable square foot impact fee or provide 15% of the units as on-site deed-restricted; with the additional direction to staff to report back on the impact of the developer fee option in 2 years in conjunction with the review of the Affordable Housing Ordinance;

(3) Motion by Supervisor Coonerty, seconded by Supervisor McPherson:

APPROVED staff recommendation 3 (page 662) as follows:

(a) ADOPTED ORDINANCE NO. 5200 amending Chapters 17.10 Affordable Housing Requirements, and 17.12 Residential Density Bonuses and Affordability Incentives, and 13.10.475-478 and 13.10.215 (Attachment 1);

(b) ADOPTED RESOLUTION NO. 47-2015 directing the Planning Department to send the proposed amendments to Sections 13.10.475-478 and 13.10.215 to the California Coastal Commission for certification (Attachment 2)(Exhibit A) showing strike-through of proposed amendments to 13.10 only);

(c) ADOPTED RESOLUTION NO. 48-2015 adopting amendments to the Santa Cruz County Density Bonus Guidelines (Attachment 3)(Exhibit A) and Affordable Housing Guidelines (Exhibit B);

(d) ADOPTED RESOLUTION NO. 49-2015 establishing Affordable Housing Impact Fees and deleting existing Affordable Housing In-Lieu Fees (Attachment 4); and

(e) DIRECTED staff to return with an Affordable Housing Impact Fee Expenditure Plan for Board consideration on April 21, 2015 with the further direction that each of those ordinances and resolutions should incorporate the revisions just approved by the Board.

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51.   APPROVED appointment of Maria Arreola to the In-Home Supportive Services Advisory Commission, as an at-large representative of providers, for a term to expire April 1, 2015, and thereafter for a term to expire April 1, 2019
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51.1.   CONSIDERED report on Phase II of the Strategic Plan for Substance Use Disorder Treatment and Intervention for the Health Services Agency's (HSA) Alcohol and Drug Program;

(1) ACCEPTED AND FILED report on Phase II of the Strategic Plan for Substance Use Disorder Treatment and Intervention for the Health Services Agency's Alcohol and Drug Program; and

(2) DIRECTED the Health Services Agency to return in May 2015 with a further report on the Strategic Plan, along with recommendations for short and long-term planning
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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