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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2011, NUMBER 22
Tuesday, September 20, 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 - 15 people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   ITEM DELETED

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 8, 2011 through September 14, 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
LCo(P)CaS  Supervisor Pirie abstained on the Senior Legal Services contract because her husband is employed there.

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 Neil DeMera, Claim No. 011-088U, and referred to County Counsel

11.   REJECTED the claim of Blane and Margaret Warhurst, Claim No. 011-088V, and referred to County Counsel

12.   REJECTED the claim of Daniel M. Finkel, Claim No. 011-088W, and referred to County Counsel

13.   ADOPTED ORDINANCE NO. 5103 adding Chapter 5.48 to the Santa Cruz County Code relating to the reduction of single-use plastic and paper carry-out bags

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

15.   ADOPTED RESOLUTION NO. 284-2011 approving the 2011-2012 budget for County Funds and Special Districts Governed by the Board of Supervisors per Exhibit A; canceled various appropriations due to insufficient funding or contingency balances that exceed legal limitations as outlined; adopted RESOLUTION NO. 285-2011 establishing 2011-2012 appropriation limits for the County and Board Governed Special Districts; approved transfers of appropriations and adopted RESOLUTION NO. 286-2011 through 288-2011 accepting unanticipated revenue from the previous fiscal year as outlined and approved related action, as recommended by the Auditor-Controller

16.   CONTINUED TO OCTOBER 25, 2011 consideration to accept and file report on proposal to plant 25,000 trees by 2014

17.   APPROVED the Santa Cruz County Tourism Marketing District Annual Report for 2011-2012 and approved related actions, as recommended by the County Administrative Officer

17.1.   AUTHORIZED payment of an invoice over one year old in the amount of $3,000 to Biggam, Christensen, and Minsloff for indigent legal services, as recommended by the County Administrative Officer

18.   RATIFIED authorization for the District Attorney to sign a Certification of Assurance of Compliance and submit the application to the California Emergency Management Agency in the amount of $188,307 for the 2011-2012 Anti-Drug Abuse Enforcement Program, as recommended by the District Attorney

19.   SEE ITEM NO. 49.1 REGULAR AGENDA

20.   ADOPTED RESOLUTION NO. 289-2011 naming Authorized Agents to execute any necessary grant actions and authorized the Emergency Services Manager to submit the Federal 2011 Homeland Security Grant Program application on behalf of the Santa Cruz County Operational Area, as recommended by the Director of General Services

21.   APPROVED the agreement with the County of Santa Cruz Superior Court for custodial and warehouse services for fiscal year 2011-2012 and approved related actions, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 290-2011 accepting and appropriating unanticipated revenue in that amount of $19,000 from the Health Services Agency for the purchase of fixed assets, as recommended by the Director of Information Services

23.   APPROVED appointment of Enrique Sahagun to the Deferred Compensation Advisory Commission, as recommended by the Director of Personnel

24.   AUTHORIZED extension of three Probation Aide positions through June 30, 2012, as recommended by the Chief Probation Officer

25.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending August 31, 2011, as recommended by the Treasurer-Tax Collector

26.   ADOPTED RESOLUTION NO. 291-2011 urging Governor Brown to veto Senate Bill 292 relating to development regulations, as recommended by Supervisor Coonerty

27.   APPROVED appointment of Claudia Llamas Padilla to the Latino Affairs Commission for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

28.   ACCEPTED low bid and awarded contract in the amount of $214,800 to Don Chapin Company for the Polo Grounds County Park Groundwater Recharge Enhancement Project and approved related actions, as recommended by the Directors of Health Services and Public Works

29.   APPROVED the Proposition 84 sub-grantee agreement between the Regional Water Management Foundation and Santa Cruz County Health Services Agency and authorized related actions; approved and authorized distribution of consultant services Request for Proposals for the development of a project prioritization framework for the Santa Cruz Integrated Regional Water Management Plan and directed staff to return on or before December 6, 2011 with a proposed consultant services contract, as recommended by the Director of Health Services

30.   APPROVED the Request for Proposals for consultant services to develop the Santa Cruz County Sustainable Community and Transit Corridors Plan and approved related action, as recommended by the Planning Director

31.   ACCEPTED AND FILED report on the Fluorescent Lamp and Battery Retail Take Back Program and directed staff to return on or before October 25, 2011 with a proposed contract, as recommended by the Director of Public Works

32.   ACCEPTED the improvements and approved the final cost of $178,283.97 for the County Service Area No. 5 Sand Dollar Force Main Replacement Project, as recommended by the Director of Public Works

33.   ACCEPTED the improvements and approved the final cost of $345,849.42 for the Rolling Woods Sewer Improvements and approved related actions, as recommended by the Director of Public Works

34.   ACCEPTED the low bid from Earthworks Paving Contractors, Inc., in the amount of $146,646 for the 2011 County Service Area Resurfacing Project and authorized award of contract; authorized transfer of $14,400 if needed to the various County Service Areas and approved related actions, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 292-2011 accepting and appropriating unanticipated revenue in the amount of $46,250 from Green Waste Recovery, Inc.; approved contract amendment with Save our Shores, extending the scope and term of contract to June 30, 2012 and increasing the amount to a not-to-exceed total of $46,250 for providing public education for the Green Schools Program and approved related actions, as recommended by the Director of Public Works

36.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED RESOLUTION NO. 293-2011 accepting and appropriating unanticipated revenue in the amount of $92,165 for the Davenport Water Treatment System Improvements project; approved contract Change Order No. 19 in the amount of $20,241 and Contract Change Order No. 21 in the amount of $57,479.51 and approved related actions, as recommended by the District Engineer

37.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED the transfer of $120,000 from Small Line Rehabilitation to the Los Arboles Lift Station Project, as recommended by the District Engineer

38.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, APPROVED independent contractor agreement with Community Tree Service in the not-to-exceed amount of $37,700 for vegetation maintenance operations along the Pajaro River through June 30, 2012, and approved related action, as recommended by the District Engineer

38.1.   ACCEPTED AND FILED report on the proposed purchase of 1388 Green Valley Road (Assessor's Parcel Number 109-101-09) for the cost of unpaid taxes and directed staff to return with an update during 2012-2013 budget hearings, as recommended by the Interim Parks Director

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Castillo, Cesario, Maria Sosa, and Brenda Sosa v. Denhoy-Snug Harbor LLC, County of Santa Cruz, Santa Cruz County Flood Control and Water Conservation District, Santa Cruz County Superior Court Case No. CV170201

AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD,

CONFERENCE WITH LABOR NEGOTIATOR

In Home Supportive Services Public Authority Negotiator: Directors of Human Services and Personnel

Employee Organization: In Home Supportive Services Public Authority Employees

REPORT OF COUNTY COUNSEL - No report given


REGULAR AGENDA

40.   CONSIDERED adoption of a resolution recognizing Binational Health Week in Santa Cruz County;

ADOPTED RESOLUTION NO. 294-2011 recognizing Binational Health Week in Santa Cruz County;


CaPLCoS  

41.   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 5, to convene and carry out a regularly scheduled meeting

42.   CONSIDERED status report and "definition of the project" for proposed changes to land use regulations regarding nonconforming structutres and uses, commercial changes of use and selected parking provisions, altered wall provisions, minor revisions to Design Review regulations and revisions to thresholds for geologic review;

(1) provided the public with an opportunity to comment on the proposals and draft ordinances;

(2) provided input on the proposals to staff, and/or;

(3) accepted the proposed draft ordinance language as the "project description" for the purpose of environmental review, and for authorization to release a CEQA document on the proposed changes; and

(4) directed staff to return to the Planning Commission with CEQA documentation and proposed Draft ordinance language.
LPCoCaS  

43.   Public hearing held to consider the Planning Commission's recommendations regarding an application to rezone a property from the Special Use Zone District (SU) to the Timber Production Zone District (TP) on property located at the end of an unnamed right of way approximately 1/4 mile east of Highway 9 in Boulder Creek; Application Number: 111070; Assessor's Parcel Number:087-054-04

Applicant: Larry Holmes; Property Owner: Lester and Mildred Holmes;

closed public hearing;

(1) certified that the proposal is exempt from the requirements of the California Environmental Quality Act (CEQA); and

(2) ADOPTED ORDINANCE NO. 5104 amending County Code Chapter 13.10 to change the zoning on APN 087-054-04 from the Special Use zone district to the Timber Production zone district
PCoLCaS  

44.   Public hearing held to consider the Planning Commission's recommendations regarding an application to rezone a property from the Special Use Zone District (SU) to the Timber Production Zone District (TP) on property located at the end of an unnamed right of way about 1,500 feet north of its intersection with Laurel Glen Road (1003 Laurel Glen Road), at about 950 feet north of the intersection of Laurel Glen Road and Breckenridge Lane; application Number: 111066; Assessor's Parcel Number: 103-011-08; Applicant: Dean Mc Daniels; Property Owner: Dean Mc Daniels;

closed public hearing;

(1) certified that the proposal is exempt from the requirements of the California Environmental Quality Act (CEQA); and

(2) ADOPTED ORDINANCE NO. 5105 amending County Code Chapter 13.10 to change the zoning on APN 103-011-08 from the Special Use zone district to the Timber Production zone district
CoLPCaS  

45.   Public hearing held to consider Application No. 111074, a proposal to develop a new County Behavioral Health Unit facility and Evaluation Services unit on a 1.49-acre parcel, rezone the parcel from Service Commercial (C-4) to Public Facility (PF) and Community Commercial (C-2), and amend the General Plan designation from Service Commercial (C-S) to Public Facility/Institutional (PF) and Community Commercial (C-C). The property is located on the corner of Soquel Avenue and Capitola Road Extension at 2220-2280 Soquel Avenue on Assessor's Parcel Number 026-011-06;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 295-2011 making findings and adopting the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program (MMRP) in compliance with the provisions of the CEQA; and amending the General Plan land use designation from Service Commercial (C-S) to Public Facility/Institutional (PF) and Community Commercial (C-C);

(2) ADOPTED ORDINANCE NO. 5106 rezoning APN 026-011-06 from Service Commercial (C-4) to Public Facility (PF) and Community Commercial (C-2); and

(3) approved Development Permit with the Conditions of Approval, and agreed to incorporate the conditions into the scope of work proposed under Application No. 111074
PCaLCoS  

46.   Public hearing held to consider ordinance adding Chapter 7.39 to the Santa Cruz County Code regarding requirement, construction, use, permits, fees, and regulation of public sewers;

(1) opened public hearing to take public testimony on the proposed ordinance adding Chapter 7.39 to the Santa Cruz County Code regarding requirements, construction, use, permits, fees, and regulation of public sewers;

(2) closed public hearing;

(3) approved "in concept" ordinance adding Chapter 7.39 to the Santa Cruz County Code regarding requirements, construction, use, permits, fees, and regulation of public sewers to return on October 4, 2011 for final adoption; and

(4) directed the District Engineer to return on or before October 25, 2011, for approval of the sewer systerm management plan.
CoPLCaS  

47.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinance adding and amending District Code regarding Definitions, Plans, Specifications and Construction, Private Sanitary Sewer System Maintenance and Repair, and Enforcement Response and Fines;

(1) opened public hearing to take public testimony on the proposed ordinance amending and adding sections to the Davenport County Sanitation District Code regarding definitions, plans, specifications and construction, and private sanitary sewer system maintenance and repair, and enforcement response and fines;

(2) closed public hearing;

(3) approved "in concept" Ordinance No.77 amending and adding sections to the Davenport County Sanitation District Code regarding definitions, plans, specifications and construction, and private sanitary sewer system maintenance and repair, and enforcement response and fines and to return on October 4, 2011 for final adoption; and

(4) directed the District Engineer to return on or before October 25, 2011, for approval of the sewer system management plan
CoLPCaS  

48.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinance adding and amending District Code Sections regarding Definitions, Plans, Specifications and Construction, Private Sanitary Sewer System Maintenance and Repair, and Enforcement Response and Fines;

(1) opened public hearing to take public testimony on the proposed ordinance amending and adding sections to the Freedom County Sanitation District Code regarding definitions, plans, specifications and construction, and private sanitary sewer system maintenance and repair, and enforcement response and fines;

(2) closed public hearing;

(3) approved "in concept" Ordinance No. F-13 amending and adding sections to the Freedom County Sanitation District Code regarding definitions, plans, specifications and construction, and private sanitary sewer system maintenance and repair, and enforcement response and fines to return on October 4, 2011 for final adoption; and

(4) directed the District Engineer to return on or before October 25, 2011, for approval of the sewer system management plan
LPCoCaS  

49.   CONSIDERED approval of Memorandum of Understanding for the General Representation Unit and adopt resolution implementing provisions of the agreement; considered actuarial studies for reduction to other post-employment benefits for employees of various bargaining units;

(1) approved MOU for the General Representation Unit;

(2) ADOPTED RESOLUTION NO. 296-2011 implementing the provisions of the General Representation Unit contract;

(3) authorized the Personnel Director to sign General Representation Unit MOU;

(4) authorized the Personnel Director, the Auditor-Controller and the County Administrative Officer to take all necessary administrative steps to effectuate administrative and benefit changes to implement the provisions of the General Representation Unit MOU;

(5) accepted and filed the OPEB actuarial studies for the Middle Management Unit, District Attorney/Child Support Attorney Unit, and Unrepresented Employees;

(6) directed the Personnel Director to return on October 25, 2011 with the Middle Management Association MOU; and

(7) directed the Personnel Director to return on October 25, 2011 with the changes outlined in the OPEB actuarial studies for the Middle Management Association, the District Attorney/Child Support Attorney Association and Unrepresented Employees pursuant to SB 1123
PLCoCaS  

49.1.   ACCEPTED report on service delivery options in 2012-2013 for County Service Area No. 48 and directed staff to return on December 13, 2011 with an update on the State budget and associated impacts on CAL Fire and further discussion of service delivery options for the Santa Cruz County Fire Department, as recommended by the Director of General Services
LCoPcaS  

50.   Continued public hearing to consider Redistricting of Supervisorial Boundaries;

(1) opened public hearing to take public testimony;

(2) closed public hearing;

(3) Motion made to accept and file report on the Redistricting of Supervisorial boundaries; adopt in concept ordinance amending Chapter 2.04 of the Santa Cruz County code, establishing the 2011 Supervisorial District (MOTION FAILED due to lack of a second)

(4) Motion made to accept and file report on the Redistricting of Supervisorial boundaries, with the additional direction to adopt Redistricting Plan 2 and direct staff to return on October 4, 2011 with a revised ordinance incorporating Plan 2
CoPLCaS  

51.   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 7:30 p.m. in the Watsonville City Council Chambers, located at 275 Main Street, Fourth Floor, Watsonville CA

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.