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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
June 6, 2006

9:00
  • Roll Call
  • Consent Agenda
  • Oral Communications
  • Scheduled and Regular Departmental Items
 12:00
  • Lunch
10:30
  • Recess
10:45
  • Scheduled and Regular Departmental Items

  1. Roll Call

  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 - Any person may address the Board during its Oral Communications period. Presentations must not exceed three (3) minutes in length, and individuals may speak only once during Oral Communications. All Oral Communications must be directed to an item not listed on today's Consent or Regular Agenda, and must be within the jurisdiction of the Board. Board members will not take actions or respond immediately to any Oral Communications presented, but may choose to follow up at a later time, either individually, or on a subsequent Board of Supervisor's Agenda. Oral Communications will normally be received by the Board for a period not to exceed thirty (30) minutes. If, at the end of this period, additional persons wish to address the Board under Oral Communications, the Oral Communications period may be continued to the last item on the Regular Agenda.

TRANSLATION SERVICES/SERVICIOS DE TRADUCCION
Spanish language translation is available on an as needed basis. Please make advance arrangements with the Clerk of the Board, in Room 500, or by telephone at (831) 454-2323.

Las sesiones de la Mesa Directiva de los Supervisores del Condado pueden ser traducidas del inglés al español y del español al inglés. Por favor haga arreglos anticipadamente con la Secretaria de la Mesa Directiva de los Supervisores en el cuarto número 500, o por teléfono al número (831) 454-2323.

ACCOMMODATIONS FOR PERSONS WITH DISABILITIES
If you are a person with a disability and wish to attend the meeting and you require special assistance in order to participate, please contact the Clerk of the Board at (831) 454-2323 (TDD number (831) 454-2123) at least 72 hours in advance of the meeting in order to make arrangements. Persons with disabilities may request a copy of the agenda in an alternative format. As a courtesy to those affected, please attend the meeting smoke and scent free. Note: The Board of Supervisors meetings are broadcast live on Comcast Cable Services, Channel 26. Agenda documents may be reviewed at the Office of the Clerk of the Board, Room 500, Governmental Center, and at the Santa Cruz Main Library.

******CONSENT AGENDA******

 

GENERAL GOVERNMENT

6.   Accept claims as approved by the Auditor-Controller

7.   Approve minutes of May 16, 2006 and May 23, 2006, as recommended by the Clerk of the Board

 

ADDENDA

8.   Accept and file notification of continuing contracts received during the period of May 18, 2006 through May 31, 2006 and approved upon adoption of the 2005/2006 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board

 

GENERAL GOVERNMENT

9.   Approve the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waive a detailed reading of said ordinances, as recommended by County Counsel

10.   Adopt Ordinance Amending Sections 1.05.130 and 1.05.140 and Adding Section 1.05.150 to the Santa Cruz County Code Relating to Claims for Money Damages (approved "in concept" on May 16, 2006, Item No. 56)

11.   Reject the claim of Mavis Musitelli, Claim No. 506-083, and refer to County Counsel

12.   Approve transfer of $9,000 in fixed asset funds within the Mosquito and Vector Control, County Service Area (CSA) No. 53 to provide additional funding for the purchase of an all-terrain vehicle and trailer, as recommended by the Agricultural Commissioner

13.   Adopt various resolutions related to the benefit assessment rates for the South and North County Mosquito and Vector Control County Service Area No. 53, including preliminary approval of the engineer's report (on file with the Clerk) for the North County District; schedule a public hearing on June 20, 2006 to consider the 2006/2007 benefit assessments; and take related actions, as recommended by the Agricultural Commissioner

14.   Accept and file report on Transient Occupancy Tax reviews, as recommended by the Auditor-Controller

15.   Accept and file Volume II, Departmental Line Item Budget Detail (on file with the Clerk), for the 2006/2007 Proposed Budget, as recommended by the County Administrative Officer

16.   Adopt schedule for 2006/2007 Budget Hearings, as recommended by the County Administrative Officer

17.   Request the Chair to send letters to Congressional representatives requesting their support to make the retirement provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 permanent by removing the 2010 sunset date, as recommended by the Deferred Compensation Advisory Commission

18.   Deny claim for refund of property taxes, as recommended by the County Counsel

19.   Approve subscription plan amendment in the amount of $23,280 between Lexis-Nexis and the County of Santa Cruz for fiscal year 2006/2007, and authorize the District Attorney to sign the subscription plan amendment on behalf of the County, as recommended by the District Attorney

20.   Approve transfer of funds in the amount of $20,939 from the Pajaro Dunes Fire Station Assessment District Maintenance Fund to the Pajaro Dunes Fire/County Service Area (CSA) No. 4 Fund to pay for the purchase and installation of the above-ground fuel tank at the Pajaro Dunes Fire Station, and take related actions, as recommended by the Emergency Services Administrator

21.   Approve contract amendments with Pajaro Valley Prevention and Student Assistance and Santa Cruz Community Counseling Center increasing their respective compensation by $5,000 each from an amount not-to-exceed $75,000 to an amount not-to-exceed $80,000 for contract period October 1, 2005 through September 30, 2006, and authorize the Chief Probation Officer to sign amendments on behalf of the County, as recommended by the Chief Probation Officer

22.   Defer report on jail overcrowding issues to Budget Hearings, as recommended by the Sheriff-Coroner and Chief Probation Officer

23.   Approve transfer of funds from Public Safety Equipment to Fixed Assets to purchase two Orion GPS tracking units for a cost of $14,637.45, as recommended by the Sheriff-Coroner

24.   Approve transfer of funds in the amount of $80,000 and adopt resolution accepting and appropriating unanticipated revenues in the amount of $87,783 within the Sheriff's Detention Bureau to offset anticipated expenses at the Main Jail, as recommended by the Sheriff-Coroner

25.   Approve appointment of Keith Johnson to the Equal Employment Opportunity Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

26.   Adopt resolution opposing the passage of House of Representatives (H.R.) 4437, the Border Protection, Anti-Terrorism, and Illegal Immigration Control Act, as recommended by Supervisors Stone and Wormhoudt (complete text of H.R. 4437 on file with the Clerk)

27.   Accept notification of two at-large vacancies on the Child Care Planning Council, for representatives of consumers, with nominations for appointment to be received on June 20, 2006, and final appointments to be made August 1, 2006, as recommended by Chair Stone

28.   Accept notification of at-large vacancy on the Water Advisory Commission for a representative of private or mutual water companies, with nominations for appointment to be received on June 20, 2006, and final appointment to be made August 1, 2006, as recommended by Chair Stone

29.   Accept nomination of various persons for reappointment to the Workforce Investment Board, as at-large representatives in the categories indicated, for terms to expire June 30, 2010, with final appointments to be made June 13, 2006, as recommended by Chair Stone

30.   Direct County Counsel to prepare an ordinance amending County Code Chapter 2.116, relative to the Long Term Care Interagency Commission, as outlined, and return to the Board on August 1, 2006, with proposed modifications, as recommended by Chair Stone

 

HEALTH AND SOCIAL SERVICES

31.   Accept and file report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

32.   Accept and file report on Centers for Medicare and Medicaid Services (CMS) actions related to Locality 99, request the Chair of the Board send a letter to the Medicare Payment Advisory Commission, and direct the Health Services Agency to report back with updated information and further recommendations no later than December 12, 2006, as recommended by the Health Services Agency Director

33.   Authorize expenditures of $23,070 from Zone 4 of the Flood Control and Water Conservation District for contributions to fish monitoring and water education efforts, as described in this report, as recommended by the Health Services Agency Director

34.   Authorize staff to continue to work with the Santa Cruz County Resource Conservation District and other partner agencies towards submittal of the full grant application for the State Water Resources Control Board's Consolidated Grant Program and take related action, as recommended by the Health Services Agency Director and the Director of Public Works

35.   Accept and file status report on the 2006 Continuum of Care Funding Application, as recommended by the Human Resources Agency Director

36.   Approve resolution authorizing the Multipurpose Senior Services Program for July 1, 2006 through June 30, 2007; and authorize the Human Resources Agency Director to execute the contract with the California Department of Aging in the amount of $777,451 for fiscal year 2006/2007, on behalf of the County, as recommended by the Human Resources Agency Director

37.   Accept and file the 2005 Annual Report of the Children's Network (on file with the Clerk); adopt resolution accepting unanticipated revenue from the Community Based Child Abuse Prevention program (CBCAP) in the amount of $2,298 for fiscal year 2005/2006 and appropriate these funds as detailed; approve and authorize the Human Resources Agency (HRA) Director to sign various amendments to current contracts; and authorize the HRA Director to take related actions, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

38.   Accept and file report on Large Family Child Care Homes and Agricultural Uses, as recommended by the Planning Director

39.   Accept low bid of Granite Construction Company in the amount of $763,763 for the Capitola Avenue Improvements, State Highway One to Soquel Drive, and authorize the award of contract; adopt resolution accepting and appropriating unanticipated revenue in the amount of $20,988 from the Soquel Creek Water District (SCWD); approve reimbursement agreement between SCWD and the County of Santa Cruz for costs related to the SCWD items on the project, as recommended by the Director of Public Works

40.   Adopt resolution in support of an application to the California Integrated Waste Management Board for the Household Hazardous Waste Grant for fiscal year 2006/2007, as recommended by the Director of Public Works

41.   Accept and file report on the three 2006 storm damage federal aid emergency projects, Bear Creek Road and Soquel San Jose Road and direct Public Works to return with a project status report on June 20, 2006, as recommended by the Director of Public Works

42.   Adopt resolution certifying the County maintained road mileage, and take related action, as recommended by the Director of Public Works

43.   Approve road closure and permit for the La Selva Beach 4th of July Parade, and direct Public Works to issue the parade permit, as recommended by the Director of Public Works

44.   Adopt resolution approving and accepting terms and conditions of the contracts/rights-of-entry for the Fourteenth Avenue Improvement Project, East Cliff Drive to Merrill Street; make findings that the improvements are of benefit to the project area; authorize the Director of Public Works to sign the contracts/rights-of-entry; and approve payment of claims, as recommended by the Director of Public Works

45.   Approve amendment to the Contribution Agreement between the State of California and County of Santa Cruz for the State Route 17 retaining wall repair work at El Rancho Drive in order to extend the term of the agreement and adopt the associated resolution; and take related action, as recommended by the Director of Public Works

46.   Approve the 4th of July beach access road closures and direct the Public Works Department to provide and assist the California Highway Patrol and Sheriff's Office with road closure barricades and detour signs, as recommended by the Director of Public Works

47.   Continue consideration of the Capital Improvement Program (CIP) to the individual departmental budget hearings, and direct Public Works Department to present a Final 2006/2007 CIP on December 12, 2006 incorporating all changes that the Board adopts as a part of the 2006/2007 Budget hearings, as recommended by the Director of Public Works

48.   Continue the bid opening for the 2005/2006 Rubberized Sealcoat project until 2:15 p.m. on August 3, 2006, in the Public Works conference room and direct Public Works to return on August 15, 2006 with a recommendation for award of the project, as recommended by the Director of Public Works

49.   Authorize payment in the amount of $429.60 to Jemco Business Machines, Incorporated for repair of a fax/copy machine for the Buena Vista Landfill, as recommended by the Director of Public Works

50.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, authorize staff to continue working with other partnering agencies to submit a Step 2 grant application for Proposition 50, Chapter 8 funds; authorize the expenditure of $4,652.72 for the District's portion of grant consultant's work on the application; and authorize the District Engineer to sign the Memorandum of Agreement on behalf of the District, as recommended by the District Engineer

51.   Accept and file report regarding AgriCulture as the lead agency for the 2006 State Fair Display, as recommended by the Director of Parks, Open Space and Cultural Services

52.   Accept the Highlands Park Tennis Court Resurface project as complete; approve final cost in the amount of $48,000; and authorize the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

53.   Adopt resolution scheduling a public hearing on Tuesday, August 1, 2006, on the morning agenda, at 9:00 a.m. or thereafter, on the benefit assessment/service charge report for County Service Area 9E, Streetscape Maintenance, and direct the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator

 

REDEVELOPMENT AGENCY

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing in the amount of $979,390.78 for the cost of construction for the Capitola Avenue Improvement Project and take related actions, as recommended by the Redevelopment Agency Administrator

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing in the amount of $17,550 of property acquisitions required for the Fourteenth Avenue Improvement Project and take related actions, as recommended by the Redevelopment Agency Administrator

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve independent contractor agreement with Spacious Living Construction, Incorporated for general contractor services related to property management in an amount not-to-exceed $20,000 and authorize the Agency Administrator to sign the contract, as recommended by the Redevelopment Agency Administrator

******CLOSED SESSION AGENDA******

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

57.   SCHEDULE A CLOSED PERSONNEL AND LITIGATION SESSION TO BE HELD AT THE CONCLUSION OF THE BOARD'S CONSENT OR REGULAR AGENDA, OR AT ANY OTHER TIME DURING THE COURSE OF THE MEETING ANNOUNCED BY THE CHAIRPERSON OF THE BOARD

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Case Name/No.: James Cunningham v. County of Santa Cruz, et al.
Santa Cruz County Superior Court Case No. CV 150139

Case Name/No.: Rene Medina v. Santa Cruz County, et al.
Santa Cruz County Superior Court Case No. CV 150377

Case Name/No.: Pete Pearson, et al. v. County of Santa Cruz, et al.
Santa Cruz County Superior Case No. CV 145357

Case Name/No.: Joint Application of California-American Water Company, et al., for an Order Authorizing the Sale by Thames GmbH of up to 100% of the Common Stock of American Water Works Company, Inc. Resulting in a Change of Control of California-American Water Company and For Such Related Relief as May be Necessary to Effectuate Such Transaction. Public Utilities Commission Application No. 06-05-025

Case Name/No.: Ernestina Saldana, et al. v County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 149432; Sixth District Court of Appeal Case No. H028899

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property address: 187-A San Andreas Road, Watsonville APN 052-191-52
Property Owner: County of Santa Cruz
Proposed Buyer: The Regents of the University of California, a California Public Corporation
Negotiating Party: Peter Porfido, Public Works

REPORT OF COUNTY COUNSEL - will be given at the conclusion of the closed session on any reportable action(s) taken in the closed session.

*****REGULAR AGENDA*****

58.   Consider report on Genetically Engineered Food Crops in Santa Cruz County
a. Letter of the Health Services Agency Director of May 24, 2006
b. Report
c. Attachments
d. Various Correspondences
59.   10:45 A.M. SCHEDULED ITEM

Public hearing to consider Application No. 05-0252 (Commercial Development - Mini-Storage facility and Honda car dealership, Rezoning and General Plan Amendment); APNs: 030-061-18, 19 and 20 (located on the north side of Soquel Drive, about 400 feet west from 41st Avenue, at 3711 and 3801 Soquel Drive in Soquel); Applicant: John Swift, Hamilton-Swift Land Use Consultants; Property Owners: Steven and Lesa John; Rob Marani - Store More

a. Letter of the Planning Director of May 16, 2006
b. Resolution Changing the General Plan
c. Ordinance
d. Mitigated Negative Declaration
e. Findings
f. Conditions
g. Planning Commission Resolution
h. Planning Commission Minutes
i. Planning Commission Staff Report (on file with the Clerk)
j. Project Plans (on file with the Clerk)
k. Letter of Jane E. Simpson dated May 30, 2006
60.   10:45 A.M. SCHEDULED ITEM

Public hearing to consider the Planning Commission recommendation on proposed General Plan amendment and rezoning affecting three parcels along Greenbrae Lane and five parcels along Carriker Lane on the north side of Soquel Drive between 41st Avenue and Rodeo Gulch

a. Letter of the Planning Director of May 19, 2006
b. Resolution Approving Land Use Designation Amendments
c. Ordinance Amending Chapter 13.10 of Santa Cruz County Code
d. Zoning Plan Amendment Findings
e. Negative Declaration
f. Initial Study
g. Planning Commission Resolution Recommending Land Use Designation Amendments
h. Planning Commission Minutes of April 26, 2006
i. Location Map
j. Vicinity Map
k. Current General Plan Land Use Designation
l. Proposed General Plan Land Use Designation
m. Current Zoning
n. Proposed Zoning
o. Existing Uses
p. Letter of Jane E. Simpson dated May 30, 2006
61.   Continued public hearing to consider ordinance amendments to Chapter 7.64 and 12.10 relating to Swimming Pool, Spa and Hot Tub Barriers regulations
a. Letter of the Planning Director of May 12, 2006
b. Letter of Donald C. Burns of May 23, 2006 with attachments
62.   Continued public hearing on the certification of the ballots for the benefit assessment of County Service Areas No. 36, Forest Glen, Zone A (2nd District) and No. 51, Hopkins Gulch (5 District)
a. Letter of the Director of Public Works of May 24, 2006
b. Resolution authorizing and levying assessments (2)
c. Certification of Votes Cast (2)
63.   Public hearing on proposed 2006/2007 sewer miscellaneous service charge reports for Sanitation County Service Area (CSA) No. 5, Sand Dollar Beach and Canon Del Sol: CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach
a. Letter of the Director of Public Works of May 24, 2006
b. Resolution Confirming Service Charge Report
c. Summary of Service Charges
64.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing on 2006/2007 Davenport County Sanitation District sewer and water service charge report
a. Letter of the District Engineer of May 24, 2006
b. Resolution confirming water and sewer service charge report
c. Summary of service charges
d. Loan options for Davenport Water
65.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing on 2006/2007 Freedom County Sanitation District sewer service charge report
a. Letter of the District Engineer of May 24, 2006
b. Resolution confirming water and sewer service charge report
c. Summary of service charges

Regarding public hearing items: If any person challenges an action taken on the foregoing matter(s) in court, they may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the Board of Supervisors at or prior to the public hearing.

The time limit for seeking judicial review of any decision approving or denying an application for a permit, license or other entitlement, or revoking a permit, license or other entitlement is governed by Code of Civil Procedure Section 1094.6 and is no later than the 90th day following the date on which the decision is made (unless a shorter time limit is specified for the type of action by State or Federal law, in which case the shorter time limit shall apply).

66.   Consider adopting in concept proposed ordinance amending Section 2.92.020 of the Santa Cruz County Code relating to the membership of the Hazardous Materials Advisory Commission
a. Letter of County Counsel of May 30, 2006
b. Proposed Ordinance (redline)
c. Proposed Ordinance (clean)
67.   Consider, in concept, ordinance correcting a clerical error in Section 9.57.040 of the Santa Cruz County Code relating to abandoned vehicles on streets and highways and place ordinance on the June 20, 2006 agenda for final adoption
a. Letter of County Counsel of May 26, 2006
b. Proposed Ordinance
        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.