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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2011, NUMBER 18
Tuesday, August 2, 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.   REMOVED from the closed personnel and litigation session, Item No. 43: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Crompton, Robert, Dana Crompton, Andrew Kell, and Stephanie Crocker v. Denhoy-Snug Harbor, LLC, a California Limited Liability Company, County of Santa Cruz, a public entity, Santa Cruz County Flood Control and Water Conservation District, a public entity, and DOES 1-99, inclusive, Santa Cruz Superior Court Case No. CV170030

4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - 25 people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 14, 2011, June 20, 2011, June 21, 2011, June 22, 2011, June 23, 2011, June 24, 2011, June 27, 2011, June 28, 2011, and June 30, 2011, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 23, 2011 through July 27, 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.   ADOPTED ORDINANCE NO. 5097 amending Chapter 6.08 of the Santa Cruz County Code by adding section 6.08.024 related to vaccination certificate requirements and duty of authorized person administering antirabies vaccination

11.   REJECTED the claim of Alan and Donna Fontaine, Claim No. 011-088M, and referred to County Counsel

12.   REJECTED the claims of Denhoy-Snug Harbor, LLC c/o Robert Johnson, Esq., Claim Numbers 011-092C, 011-09D, and 011-092E, and referred to County Counsel

12.1.   REJECTED the claim of Julia Tani, Claim Number 011-109, and referred to County Counsel

13.   DENIED claim for refund of property taxes by Alliance Member Services, as recommended by County Counsel

14.   DENIED claim for refund of property taxes by Nonprofits' Insurance Alliance of California, as recommended by County Counsel

15.   ACCEPTED AND FILED Treasurer's Quarterly Cash Count, as recommended by the Auditor-Controller

16.   APPROVED the position restorations as a result of the Advanced Voluntary Time Off Program, as recommended by the County Administrative Officer

17.   AUTHORIZED payment of an invoice to over one year old totaling $510.00 to Biggam, Christensen, and Minsloff for indigent legal services, as recommended by the County Administrative Officer

18.   APPROVED revised position deletion date for one position in the Child Support Services Department, as recommended by the Director of Child Support Services

19.   ADOPTED RESOLUTION NO. 245-2011 and ratified authorization for the District Attorney to submit an application to the California Department of Insurance in the amount of $98,326 for the 2011-2012 Automobile Insurance Fraud Program, as recommended by the District Attorney

20.   APPROVED agreement in the amount of $94,930 with the City of Watsonville for reimbursment of task force-related expenditures related to the Santa Cruz County Auto Theft Reduction Task Force; authorized the District Attorney to sign the agreement; directed the Auditor-Controller to reimburse the City of Watsonville for expenditures incurred per the agreement and approved related actions, as recommended by the District Attorney

21.   RATIFIED authorization for the District Attorney and the County Administrative Officer to sign a Certification of Assurance of Compliance and submit an application to the California Emergency Management Agency in the amount of $203,706 for the 2011-2012 Victim/Witness Assistance Program, as recommended by the District Attorney

22.   ACCEPTED the Notice of Completion for the Election Polling Site Improvement Project; approved the final cost of $43,600 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

23.   SEE ITEM NO. 49.1 REGULAR AGENDA

24.   APPROVED the lease agreement with AT&T Capital Services, Inc. for Cisco Smartnet maintenance services and approved related actions, as recommended by the Director of Information Services

25.   APPROVED amendment to agreement with the County of Santa Clara Probation Ranches, increasing the amount by $35,000 for a not-to-exceed total of $50,000, as recommended by the Chief Probation Officer

26.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending June 30, 2011, as recommended by the Treasurer-Tax Collector

27.   APPROVED appointment of Colleen McMahon-Sepulveda to the Alcoholism and Drug Abuse Commission for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

28.   APPROVED reappointment of Donald Cooley to the Santa Cruz County Flood Control and Water Conservation District - Zone 7 Board of Directors, as non-voting member, for a term to expire April 1, 2013, as recommended by Supervisor Pirie

29.   ACCEPTED AND FILED annual report of the Equal Employment Opportunity Commission and approved related action, as recommended by Chairperson Stone

30.   APPROVED reappointment of Aurelio F. Gonzales to the Housing Authority Board of Commissioners, as the reprsentative nominated by the City of Watsonville, for a term to expire August 2, 2015, as recommended by Chairperson Stone

31.   CONFIRMED appointment of Leeann Juan to the Domestic Violence Commission, as the representative of the Women's Commission, for a term to expire April 1, 2013, as recommended by Chairperson Stone

32.   DIRECTED staff to return on August 23, 2011 for approval of a revenue agreement with First 5 of Santa Cruz County to provide funding for Families Together, as recommended by the Director of Human Services

33.   ADOPTED RESOLUTION NO. 246-2011 revising Resolution No. 239-2011 approving associate membership in the California Rural Home Mortgage Finance Authority Homebuyers Fund (CRHMFA) Joint Powers Authority; approved revised Joint Powers Agreement with CRHMFA to provide energy retrofit loans and grants to qualified homeowners, as recommeded by the Planning Director

34.   APPROVED deletion of 1.0 vacant Typist Clerk position and the restoration of .4 FTE Planning Technician, .25 Records Clerk, .25 Imaging Technician, and .15 Sr. Building Permit Technician positions in the Planning Department, at no additional cost to the County, as recommended by the Planning Director

35.   APPROVED submission of grant application to the State Department of Housing and Community Development for $700,000 in HOME funds for First Time Homebuyer and Tenant Based Rental Assistance Programs and adopted RESOLUTION NO. 247-2011 in support of the application, as recommended by the Planning Director

36.   ACCEPTED low bid from Granite Construction in the amount of $1,751,354 for the 2011 Pavement Management Project; authorized award of contract and approved related actions, as recommended by the Director of Public Works

37.   ADOPTED RESOLUTION NO. 248-2011 requesting that Caltrans permit the 2011 Big Kahuna Triathalon and approved related actions, as recommended by the Director of Public Works

38.   APPROVED independent contractor agreement with 21st Century Environmental Management of California, LP to provide transportation, recycling, and disposal services for the County's Household Hazardous Waste Collection Program in an amount not-to-exceed $130,000 per fiscal year through June 30, 2015, and approved related action, as recommended by the Director of Public Works

39.   APPROVED Program Supplement Agreement and authorized the Director of Public Works to sign the agreement on behalf of the County; adopted RESOLUTION NO. 249-2011 authorizing execution of an agreement between the State of California and the County of Santa Cruz for funding of the Old County Road Bridge Replacement Project, as recommended by the Director of Public Works

40.   APPROVED Program Supplement Agreement and authorized the Director of Public Works to sign the agreement on behalf of the County; adopted RESOLUTION NO. 250-2011 authorizing execution of an agreement between the State of California and the County of Santa Cruz for funding of the Quail Hollow Bridge Replacement Project, as recommended by the Director of Public Works

41.   APPROVED road closures and permit for the Aptos High School Homecoming Parade on September 28, 2011, and approved related actions, as recommended by the Director of Public Works

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED progress report for the Leadership in Our Neighborhoods Pilot Program, as recommended by the Redevelopment Agency Administrator

43.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, 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 for one potential case

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: All County Employee Organizations and Associations

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

REPORT OF COUNTY COUNSEL - no report given


REGULAR AGENDA

44.   Public hearing held to consider an agreement with the United States Fish and Wildlife Service to implement an Interim Programmatic Habitat Conservation Plan for conservation of the Zayante Sandhills;

closed public hearing;

(1) ADOPTED the CEQA Negative Declaration;

(2) ENTERED into the Sandhills IPHCP Implementing Agreement with the USFWS;

(3) AUTHORIZED the Planning Director to approve the use of credits from the mitigation bank for small residential projects outside of the IPHGCP area;

(4) DIRECTED the Planning Director to negotiate with the principals of the Zayante Sandhills Conservation Bank to amend the operating agreement to include authority to approve all small residential projects; and

(5) with the additional direction to modify recommendation number 3 to read: "AUTHORIZED the Planning Director to approve the use of credits from the mitigation bank for small residential projects, one dwelling or additions to a single dwelling unit outside of the IPHCP area."
CoLPCaS  

45.   Public hearing held on proposed agreement, lease, and easement conveyance of a portion of Assessor's Parcel Number 041-201-04, Polo Grounds Park;

(1) opened public hearing, to hear final public testimony and considered any alternative proposals for leasing and conveying easements for the property; and closed public hearing;

(2) ADOPTED RESOLUTION NO. 251-2011 approving the agreement, lease, and easement conveyance, authorizing the Chair of the Board to execute the easements deeds necessary to convey the easements, and authorizing the Director of Public Works to execute the agreement, lease, and any related documents necessary to complete the transaction; and

(3) DIRECTED the Chief Real Property Agent to deposit the proceeds of the agreement and lease into the Aptos Park Dedication District (Fund Number 21125)
PLCoCaS  

46.   Public hearing held confirming the 2011-2012 Assessment Report for County Service Area No. 9E - Streetscape Maintenance;

(1) opened public hearing, to hear objections or protests, to the proposed 2011/2012 assessment for County Service Area No. 9E, Streetscape Maintenance;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 252-2011 confirming the 2011/2012 Assessment Report for County Service Area No. 9E, Streetscape Maintenance
PLCoCaS  

47.   Public hearing held on the proposed 2011-2012 Service Charge Report for County Service Area No. 11 - Parks Debt Service;

(1) opened public hearing, to hear objections or protests, to the proposed 2011-2012 service charge report for County Service Area No. 11-Parks Debt Service;

(2) closed public hearing; and

(3) ADOPTED RESOLUTION NO. 253-2011 confirming the 2011-2012 service charge report for County Service Area No. 11 - Parks Debt Service
PLCoCaS  

48.   Public hearing held to consider a proposal to adopt a resolution entering into a 20-year Williamson Act contract to create a Farmland Security Zone on three parcels (Assessor's Parcel Numbers 051-731-13 and 051-481-01, located off of Highway 129 in Watsonville and Assessor's Parcel Number 052-581-09, located off West Beach Road in Watsonville) and to adopt an ordinance to rezone each parcel to include the P Combining District;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 254-2011 approving the Agricultural Land Conservation (Williamson Act) contract and certifying that the project qualifies for a Categorical Exemption from the requirements of California Environmental Quality Act under Section 15317;

(2) ADOPTED ORDINANCE NO. 5098 amending Chapter 13.10 of the Santa Cruz County Code to rezone the subject properties from the CA and CA-W zone districts to the CA-P and CA-W-P zone districts;

(3) AUTHORIZED the Board Chair to sign the Land Conservation Contract; and

(4) DIRECTED the Planning Director to return on or before October 25, 2011 with a status report on Assembly Bill 1265 and its effect on the County's Williamson Act program
LPCoCaS  

49.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, CONSIDERED issuance of 2011 Certificates of Participation (Multiple Facilities Project 2011) in an amount not-to-exceed $6,000,000;

(1) AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, ADOPTED RESOLUTION NO. 255-2011 approving the form and authorizing the execution of certain lease financing documents in connection with the offering and sale of certificates of participation relating thereto, and authorizing and directing certain actions with respect thereto (Attachment 1);

(2) AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, ADOPTED RESOLUTION NO. 256-2011 approving the form and authorizing the execution of certain lease financing documents in connection with the offering and sale of certificates of participation relating thereto, and authorizing and directing certain actions with respect thereto (Attachment 2); and

(3) APPROVED the Preliminary Official Statement (Attachment 3)
PColCaS  

49.1.   ACCEPTED update on the Santa Cruz Veteran's Memorial Building repair project and directed staff to return on or before August 23, 2011 with negotiated contract documents for Vanir Construction Management Services Inc. to provide phased design and project management services for the completion of repairs to the Santa Cruz Veterans Memorial Building, as recommended by the Director of General Services
CaCoLPS  

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.