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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
November 20, 2007


9:00
  • Roll Call
  • Consent Agenda
  • Oral Communications
  • Scheduled and Regular Departmental Items
12:00
  • Lunch
10:30
  • Recess
1:30
  • Scheduled and Regular Departmental Items
10:45
  • Scheduled and Regular Departmental Items
3:15
  • Recess

  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.   Item Deleted

7.   Approve minutes of October 29, 2007 and November 6, 2007, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of October 25, 2007 through November 14, 2007 and approved upon adoption of the 2007-2008 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.   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.   Reject the claim of Pacific Bell Phone Company, Claim Number 708-020, and refer to County Counsel

11.   Reject the Application to file a late claim on behalf of David Richard Imboden, Claim Number 708-022, and refer to County Counsel

12.   Reject the Application to file a late claim on behalf of George C. and Dora Dianne Hall, Claim Number 708-023, and refer to County Counsel

13.   Approve extension of lease for the Agricultural Commissioner's Office at 175 Westridge Drive, Watsonville; and authorize the Agricultural Commissioner to sign, as recommended by the Agricultural Commissioner

14.   Accept and file Treasurer Quarterly Cash Count as of September 5, 2007, as recommended by the Auditor-Controller

15.   Schedule jurisdictional hearing on December 11, 2007 at 9:00 a.m. or thereafter, to consider an appeal of the Planning Commission's approval of a development permit for Application Number 06-0156 (546 Beach Drive, Aptos, CA), as recommended by the Clerk of the Board

16.   Authorize payment of $4,160.75 to defense attorney Howard Van Elgort for prior year indigent legal defense services, as recommended by the County Administrative Officer

17.   Approve recommended revisions to the Policy and Procedure Manual, as recommended by the County Administrative Officer

18.   Approve two gross pay adjustments in the amount of $590.40 and $561.76, as recommended by the County Clerk

19.   Authorize payment of an invoice over one year old totaling $678.21, as recommended by the County Clerk

20.   Accept the status report on the Energy Efficiencies Project at the Government Center Complex and direct General Services to return on or before March 25, 2008 with a further status report, as recommended by the Director of General Services

21.   Declare used County vehicles to be surplus and authorize the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

22.   Authorize the Chair of the Board to sign the Census 2010-Local Update of Census Addresses (LUCA) Program registration form and authorize participating County staff to sign required confidentiality agreement and associated documents; authorize the Information Services Department to direct the LUCA review and update Census Bureau's files as required; authorize the Information Services Department to apply for the LUCA program, as recommended by the Information Services Director

23.   Ratify fire ordinances from the autonomous fire protection districts (on file with the Clerk), as recommended by the General Services Director

24.   Adopt the 2008 CalPERS Public Employee's Medical and Hospital Care Act (PEMHCA) resolutions to implement and change the 2008 County contributions for medical coverage for various employee groups, as recommended by the Deputy Personnel Director

25.   Approve revisions to the Equal Employment Opportunity Commission By-Laws, as recommended by the Equal Employment Commission and the Deputy Personnel Director (continued from November 6, 2007, item number 27)

26.   Approve resolution determining industrial disability retirement for a safety member, as recommended by the Deputy Personnel Director

27.   Approve Memorandum of Understanding between SEIU Long Term Care Workers Union 6434 and In-Home Supportive Services Public Authority; adopt resolution to implement provisions of the agreement; approve the request to transfer budget appropriations; approve the submission of the In-Home Supportive Services rate package to the State, and take related actions, as recommended by the Deputy Director of Personnel and the Human Resources Agency Director

28.   Approve contract amendment with the W. Haywood Burns Institute in the additional amount of $18,000 to purchase additional professional services related to the Disproportionate Minority Confinement grant, as recommended by the Chief Probation Officer

29.   Accept and file the Treasurer's monthly Cash Report and Transaction Report for the period ending October 31, 2007, as recommended by the Treasurer-Tax Collector

30.   Approve appointment of John Willett to the Fire Department Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

31.   Accept notification of at-large vacancy on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on December 4, 2007, and final appointment to be considered on December 11, 2007, as recommended by Chairperson Beautz

 

HEALTH AND SOCIAL SERVICES

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

33.   Approve Santa Cruz County Five-Year Comprehensive Economic Development Strategy Plan (on file with the Clerk); authorize the Human Resources Agency Workforce Investment Board to submit the Santa Cruz County Five-Year Comprehensive Economic Development Strategy Plan to the Economic Development Administration for final approval and make any adjustments to the Plan required by the Economic Development Administration for such approval, as recommended by the Human Resources Agency Director

34.   Adopt resolution accepting and appropriating $183,441 of unanticipated State Safe and Drug-Free Schools and Communities grant revenue into the Alcohol and Drug Program budget; approve addition of 1.0 full-time equivalent (FTE) Program Coordinator; and approve agreements with Andrew Davis in the amount of $17,000 for program evaluation and planning services, and Community Action Board in the amount of $50,165 for parolee re-entry planning grant services and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

35.   Approve lease agreement with Pacific Avenue Land, LLC in the amount of $425 per month and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

36.   Authorize two gross pay adjustments in the amounts of $734.06 and $403.86, as recommended by the Health Services Agency Director

37.   Accept and file report on Health Services Agency (HSA) contracting procedures and direct Health Services Agency Director to return with additional information relating to HSA contracting procedures on December 11, 2007, as recommended by the Health Services Agency Director

38.   Schedule public hearing on Tuesday, December 11, 2007 at 9:00 a.m. or thereafter, to consider proposed revisions to County Code Chapter 7.70, Water Wells, and direct the Clerk of the Board to publish the required notice, as recommended by the Health Services Agency Director

 

LAND USE AND PUBLIC PROJECTS

39.   Accept and file draft Association of Monterey Bay Area Governments Regional Housing Needs Allocation Plan, and take related actions, as recommended by the Planning Director

40.   Defer consideration of Revisions to the Historic Preservation Ordinance to a Board Hearing in March 2008, as recommended by the Planning Director

41.   Schedule public hearing on Tuesday, December 11, 2007 at 9:00 am or thereafter, to consider Application Number 06-0589 (Whalen), a proposed Lot Line Adjustment, General Plan amendment, rezoning, and Agricultural Land Conservation contracts affecting Assessor's Parcel Numbers 088-081-07 and 088-081-08, and take related action, as recommended by the Planning Director

42.   Schedule public hearing on Tuesday, December 11, 2007 at 9:00 am or thereafter, to consider Application Number 06-0651 (Powers for BK Properties LP), to create a 10 unit townhouse development, and take related actions, as recommended by the Planning Director

43.   Schedule public hearing on Tuesday, December 11, 2007 at 9:00 am or thereafter, to consider Application Number 05-0388 (Powers for Corte Cabrillo LLC), to create a 28 unit townhouse development, and take related actions, as recommended by the Planning Director

44.   Accept and file report on the 2007-2008 storm damage repair projects; approve amended Page 13 of the 2007-2008 Road Budget to include Trout Gulch Road, Lockhart Gulch Road, and Highland Way as additional storm damage contract projects, as recommended by the Director of Public Works

45.   Accept and file report on the County Pavement Management Program and the benefit assessment fee; approve the list of roadways for the 2008 Pavement Management Seal Coat project; direct Public Works to return on or before February 19, 2008 with the County Service Area 9D benefit assessment proposed fee increase schedule, as recommended by the Director of Public Works

46.   Adopt resolution approving the filing of a grant application (on file with the Clerk) for funds from the Bicycle Transportation Account Program in the amount of $450,000 for the Calabasas Road Bicycle and Pedestrian Safety Improvement Project, as recommended by the Director of Public Works

47.   Approve Reimbursement Agreement between the City of Capitola and the County of Santa Cruz, in the amount of $23,000 plus administrative costs, for work related to overlaying the City's portion of Sommerfeld Avenue; adopt resolution accepting and appropriating unanticipated revenue in the amount of $24,150 from the City of Capitola, and take related action, as recommended by the Director of Public Works

48.   Defer report on roadside vegetation management update; direct Public Works to return in late January 2008 with a presentation on the Integrated Vegetation Management work plan, a progress report following the third year of the spraying moratorium, and an update on our continuing discussions with the local fire agencies, as recommended by the Director of Public Works

49.   Accept and file report regarding possible acquisition of the Pleasure Point Roadhouse Property (2-3905 East Cliff Drive, APN 032-181-08) as a future park site, and take related actions, as recommended by the Redevelopment Agency Administrator and the Director of Parks, Open Space and Cultural Services

 

ADDENDA

49.1   Approve 2008 Board meeting schedule and adopt resolution establishing June 16, 2008 through June 26 2008 as that period of time during which budget hearings for fiscal year 2008-09 will be held, as recommended by Chairperson Beautz


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

50.   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

Claim Name/Number: Kenneth Wunderlich, Jeanette Englehart v. County of Santa Cruz, Santa Cruz County Assessor, and DOES 1-10, Santa Cruz Superior Court Case Number CV154719

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Deputy Director of Personnel
Employee Organization: District Attorney and Child Support Attorneys Association

Agency Negotiator: Deputy Director of Personnel
Employee Organization: Middle Management Association

Agency Negotiator: Deputy Director of Personnel
Employee Organization: Unrepresented Employees

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address: 40 Moran Way, Santa Cruz CA
Assessor's Parcel Number: 028-302-04
Property Owners: Myrna L. Parks and Edgar J. Lamkin
Negotiating Parties: Betsy Lynberg, Redevelopment Agency Administrator; Ken Hill, Chief Real Property Agent

Property Street Address: 2-3905 East Cliff Drive, Santa Cruz CA
Assessor's Parcel Number: 032-181-08
Property Owner: Leila Naslund, Trustee
Negotiating Parties: Betsy Lynberg, Redevelopment Agency Administrator; Ken Hill, Chief Real Property Agent


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*****

51.   Consider presentation from the Second Harvest Food Bank and establish November 13, 2007 through December 7, 2007 as the period for contributions to the Food Drive, as recommended by the County Administrative Officer
a. Letter of County Administrative Officer dated November 7, 2007


52.   Consider presentation by County Superintendent of Schools concerning the "State of Schools Status Report"
a. Letter of Chairperson Beautz dated November 8, 2007
b. Letter of County Superintendent of Schools Michael C. Watkins dated November 1, 2007
c. Power Point presentation pages
d. Two-page summaries (nineteen in total)
e. Annual Reports (on file with the Clerk)


53.   Continued public hearing to consider Election Results for the Proposed 2008-2009 Benefit Assessment Rate Increase for County Service Area Number 48, County Fire (continued from November 6, 2007, item 63)
a. Letter of the General Services Director dated November 13, 2007
b. Certification of Votes Cast


54.   Continued public hearing to consider adoption of ordinance amendments to Chapter 12.10 of the County Code for the purpose of adopting the 2007 California Building Standards Code, also known as Title 24 of the California Code of Regulations, and local amendments (continued from November 6, 2007, item number 64)
a. Letter of the Planning Director dated November 13, 2007
b. Resolution approving amendments and findings to the 2007 Building Standards Code
c. Strikethrough of Ordinance with annotation and findings
d. Proposed Ordinance (clean copy)
e. Copy of existing Chapter 12.10
f. CEQA Notice of Exemption
g. 2007 California Codes (on file with Clerk)


55.   Continued public hearing to consider the recommendation of the Historic Resources Commission whether to designate certain structures in Live Oak as historic resources and add them to the County's Inventory of Historic Resources
a. Minute Order of November 26, 2007
b. Letter of Planning Director dated October 31, 2007
c. Consultant's letter concerning Assessor's Parcel Number 028-161-12, 2-1610 East Cliff (Sunny Cove Motel)
d. Additional information submitted by owner of Assessor's Parcel Number 028-161-12, 2-1610 East Cliff (Sunny Cove Motel)


56.   Public hearing to consider amendments to the Unified Fee Schedule
a. Minute Order of November 29, 2007


57.   Public hearing to consummate purchase of real property situated at the northwest intersection of Mc Gregor Drive and Searidge Road (portion of Assessor's Parcel Number 038-081-36)
a. Letter of Director of Parks, Open Space and Cultural Services dated November 5, 2007
b. Resolution
c. Maps

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).

58.   Consider the annual report on hospital issues and access to care services; direct the Health Services Agency to report back to the Board in November 2008 on hospital services and data collected for Access to Care contracts in the year 2007
a. Minute Order of November 26, 2007
b. Letter of Health Services Agency Director dated November 6, 2007
c. Attachments A-1 through A-3 - Charity Care Policy
d. Attachment B - OSHPD trends
e. Attachment C - Sutter Report


59.   Consider the report on Elderday and Salud Para La Gente's finances and direct the Health Services Agency to report back at the last meeting in May 2008 regarding any changes which may put the Elderday or the Salud Para La Gente clinics at risk
a. Minute Order of November 29, 2007
b. Letter of Health Services Agency Director dated October 30, 2007
c. Letter of Auditor-Controller dated November 1, 2007
d. Fiscal Year 2007-2008 budget (on file with the Clerk)
e. Fiscal Year 2006-2007 Final Budget/Costs (on file with the Clerk)


60.   1:30 P.M. SCHEDULED ITEM

Consider report directing the Water Resources Division Director to send a letter to the Pajaro Valley Water Management Agency (PVWMA) General Manager requesting submittal by March 25, 2008 of a proposed plan of action to secure necessary financing to fully address groundwater overdraft in the Pajaro Groundwater Basin; direct the Water Resources Division Director to provide a report and recommendation on April 15, 2008 for the Board to consider whether to initiate the process to declare a groundwater emergency and take other necessary actions to address the groundwater overdraft in the Pajaro Groundwater Basin

a. Letter of the Health Services Agency Director and the Water Resources Division Director dated November 20, 2007
b. Letter of Chris Berry, Chairperson of the Water Advisory Commission dated November 13, 2007
c. Electronic Correspondence of Douglas Deitch dated November 20, 2007
d. Letter of Douglas Deitch dated November 15, 2007


61.   1:30 P.M. SCHEDULED ITEM

Consider report regarding issues related to affordable housing in the rural areas of the County

a. Minute Order of November 20, 2007, Item No. 61
b. Letter of the Planning Department of November 8, 2007
c. Copy of Santa Cruz County Code Chapter 17.01: Growth Management RE: Measure J


62.   1:30 P.M. SCHEDULED ITEM

AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, conduct a public hearing to review and consider amendments to the Implementation Plan for the Live Oak/Soquel Redevelopment Project Area

a. Letter of Redevelopment Agency Director dated
b. Summary of Capital Projects completed to date
c. Summary of Affordable Housing Projects completed to date
d. Resolution Adopting Amended 2005-2009 Implementation Plan with Proposed Amended Plan attached
e. Proposed Amended Implementation Plan - Clean Version
f. Live Oak/Soquel Redevelopment Plan (on file with Clerk)


63.   1:30 P.M. SCHEDULED ITEM

Consider appointment of Steven R. Tronick to the Hazardous Materials Advisory Commission, as an at-large representative in the category of "chemistry or chemical engineering," for a term to expire April 1, 2011

a. Letter of Supervisor Coonerty dated October 24, 2007
b. Application (on file with the Clerk)


        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.