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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
December 9, 2008

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.   Accept claims as approved by the Auditor-Controller (on file with the Clerk of the Board)

7.   Approve minutes of November 18, 2008, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of November 20, 2008 through December 3, 2008 and approved upon adoption of the 2008-2009 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.   Approve the Proposition 172 Maintenance of Effort (MOE) calculation for 2008-2009 to certify that the County exceeds the Proposition 172 MOE by $32.2 million; and direct the County Administrative Officer to execute and forward the 2008-2009 certification to the Auditor-Controller, as recommended by the County Administrative Officer

11.   Approve a change order to the contract with Ralph Larsen & Son, Inc. in the amount of $89,565 for various changes to duct work and connections to the main sewer and natural gas lines at the animal services facility; and authorize the County Administrative Officer to execute the change order, as recommended by the County Administrative Officer

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

13.   Approve Transfer of Responsibility Agreements and Joint Occupancy Agreements for the County Administration Building and the Main County Courthouse, including the Jury Assembly Modular; and take related action, as recommended by the County Administrative Officer

14.   Accept the Statement of Vote for the November 4, 2008 Presidential General Election (on file with the Clerk of the Board), as recommended by the County Clerk

15.   Declare certain used County Vehicles to be surplus and direct the Acting Director of General Services to arrange for their disposition, as recommended by the Acting Director of General Services

16.   Approve Memorandum of Understanding (MOU) between the Correctional Officer Unit; and adopt resolutions Implementing Provisions of the Agreement, as recommended by the Personnel Director

17.   Authorize the Chief Probation Officer to submit an extension grant proposal to the California Endowment Healthy Returns Initiative, as recommended by the Chief Probation Officer

18.   Adopt resolution to establish a 0.23% per annum simple interest rate on Tenant's Rental Security Deposits effective January 1, 2009 and take related actions, as recommended by the Treasurer-Tax Collector

19.   Approve reappointment of Julia Hill to the Board of Law Library Trustees for a term to expire December 31, 2009, as recommended by Supervisor Beautz

20.   Approve appointment of Erika Ismerio to the Child Care Planning Council, as a discretionary appointee, for a term to expire April 1, 2009, as recommended by Supervisor Pirie

21.   Approve the appointment of Sandra Baron to the Fish and Game Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

22.   Approve appointment of James M. Maxwell t the Civil Service Commission for a term to expire December 31, 2011, as recommended by Supervisor Pirie

23.   Accept nomination of Ward Alksne and Steven R. Tronick for appointment to the Hazardous Materials Appeals Commission, as at-large members representing industry and the general public, respectively, for terms to expire April 1, 2011, with final appointment to be considered on December 16, 2008, as recommended by Supervisor Coonerty

24.   Approve appointment of Ann B. Jenkins to the Historic Resources Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

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

26.   Accept notification of an at-large vacancy on the In-Home Supportive Services Advisory Commission, for a consumer representative, with nominations to be received on December 16, 2008, and final appointment to be considered on January 13, 2009, as recommended by Chairperson Pirie

27.   Approve appointment of Lt. John Wilson to the Emergency Management Council, as the representative of the City of Scotts Valley, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

28.   Approve the request for transfer of budget appropriations of $22,000 within Public Health's 2008-2009 budget and approve the fixed asset purchase of a lead paint Analyzer in the amount of $22,000, as recommended by the Director of Health Services

29.   Authorize payment of invoices over one year old totaling $13,380.91, as recommended by the Director of Health Services

 

LAND USE AND PUBLIC PROJECTS

30.   Authorize a contract amendment with RBF Consulting in the amount of $20,005 to complete the EIR for the Atkinson Lane property, as recommended by the Planning Director

31.   Adopt resolution to approve changes to the Affordable Housing Guidelines concerning the methodology used to establish income eligibility determinations, as recommended by the Planning Director

32.   Accept the improvements and approve the final cost of $255,842.92 for the Swanton Road Storm Damage Repair Project and take related actions, as recommended by the Director of Public Works

33.   Accept the improvements and approve the final cost of $109,435 for the Eureka Canyon Road Culvert Retrofit and take related action, as recommended by the Director of Public Works

34.   Accept and file report on the Storm Water Management Program Permit Process and direct Public Works to report back on or before January 13, 2009, with the recommendations for appropriate action, as recommended by the Director of Public Works

35.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $8,983.80 from the City of Capitola for their portion of the Storm Water Management Plan (SWMP); approve amendment to agreement with Eisenberg, Olivieri and Associates, Inc., for coordination of the SWMP to meet the National Pollutant Discharge Elimination System, Phase II stormwater permit by increasing compensation by $46,000 for a not-to-exceed amount of $219,500; and take related action, as recommended by the Director of Public Works

36.   Accept the improvements and approve the final cost of $1,611,781.45 for the 2008 Pavement Management Slurry Seal Project and take related actions, as recommended by the Director of Public Works

37.   Approve the independent contractor agreement with PaleoResource Consultants F & F GeoResource Associates, Inc., for paleontological resource mitigation and monitoring services for the East Cliff Drive Bluff Protection Project in the not-to-exceed amount of $55,350.38; and take related action, as recommended by the Director of Public Works

38.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, approve the amendment to agreement with Gutierrez Consultants, Inc., in the amount of $30,000 for grant assistance; and authorize the District Engineer to sign the agreement on behalf of the District, as recommended by the District Engineer

38.1   Adopt resolution approving the Preliminary Engineer's Report on the proposed assessment district for the Rolling Woods Sewer Improvements; and schedule a public hearing on January 27, 2009, at 9:00 a.m. or thereafter on the proposed assessment district and the maximum proposed assessment; and direct the Clerk of the Board to take related action, as recommended by the Director of Public Works

 

REDEVELOPMENT AGENCY

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, authorize the Redevelopment Agency Administrator to work with the Santa Cruz Metropolitan Transit District to identify bus stops within the Redevelopment Agency area where sheltering inserts have not been replaced, and allocate an amount not-to-exceed $20,000 total in order to purchase inserts through the Santa Cruz Metropolitan Transit District, as recommended by Supervisor Beautz

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve Agency financing totaling $62,600 for the cost of public art for the Live Oak Resource Center Project and take related actions, as recommended by the Redevelopment Agency Administrator

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve agency financing of a property easement acquisition in the amount of $19,500 for the East Cliff Drive Bluff Protection Project and take related actions, as recommended by the Redevelopment Agency Administrator

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve contract amendment with SSA Landscape Architects in the amount of $16,942 for additional services for the renovation of Floral Park and take related actions, as recommended by the Redevelopment Agency Administrator

43.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve and adopt the Santa Cruz County 2009 Investment Policy, as recommended by the Redevelopment Agency Administrator

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, authorize funding of a contract amendment with RBF Consulting for the Atkinson Lane property in the amount of $20,005, as recommended by the Redevelopment Agency Administrator

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, direct the Planning Director to implement program modifications to RDA housing programs concerning the method of calculating assets and income anomalies for income eligibility determinations, as recommended by the Redevelopment Agency Administrator

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing in the amount of $60,055.16 for paleontological mitigation and monitoring services by PaleoResource Consultants for the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator

 

ADDENDA

46.1   Approve appointment of Supervisor Ellen Pirie to serve on the Santa Cruz Metropolitan Transit District Board of Directors, effective January 5, 2009, for a four year term, as recommended by Supervisor Beautz

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

47.   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

Thousand Oaks Neighbors v. County of Santa Cruz, Board of Supervisors for the County of Santa Cruz, and DOES 1 through 15, BK Properties, Powers Land Planning, and DOES 16 through 30, Real Parties in Interest, Santa Cruz County Superior Court Case Number CV 159119

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel
Employee Organization: Law Enforcement Representation Unit, Operating Engineers, Local 3

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address: Road Right-of-Way Abandonment at 110 Geoffrey Drive, Santa Cruz; Assessor's Parcel Number: 028-156-22; Under Negotiation: Price and terms of payment; Negotiating Parties: John Kriegsman, Real Property Agent and Karen Stuart, Purchasers



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*****

48.   Public hearing to consider adoption of the McGregor Park Master Plan
a. Letter of the Director of Parks, Open Space and Cultural Services, dated December 1, 2008
b. Attachment 1: McGregor Park Proposed Draft Master Plan
c. Attachment 2: McGregor Park Proposed Draft Master Plan Elevations
d. Attachment 3: McGregor Park Proposed Park Elements

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).

49.   10:00 A.M. SCHEDULED ITEM

Presentation honoring Assembly Member John Laird

a. Letter of Chairperson Pirie, dated November 25, 2008
50.   Consider presentation of public art project for the Live Oak Resource Center and consider approval of contract with Marilyn Kuksht as the artist
a. Letter of the Director of Parks, Open Space, and Cultural Services, dated November 10, 2008
b. Proposed Resolution
c. ADM29 Request for Approval of Agreement
d. Independent Artist Agreement
51.   Public hearing to consider Application Number 07-0002 (Doron & Melanie Fishbin, trustees), to amend the Seacliff Village Plan language for Site 4-b, and to construct a 3 story, 12 room hotel, with restaurant, gymnasium, and associated improvements
a. Letter of the Planning Director, dated October 22, 2008
b. Mitigated Negative Declaration
c. Resolution amending the Seacliff Village Plan
d. Findings
e. Conditions
f. Planning Commission Resolution Number 97-08
g. Planning Commission Minutes of October 8, 2008 public hearing
h. Planning Commission Staff Report of October 8, 2008 (on file with the Clerk of the Board)
i. Correspondence: Letter of Peter Pethoe, dated November 16, 2008
52.   Continued public hearing to consider the 2009 Growth Goal
(continued from September 23, 2008, Item No. 49)
a. Letter of the Planning Director, dated November 4, 2008
b. Proposed Resolution
c. 2009 Growth Goals Report
d. Planning Commission Staff Report dated October 22, 2008 (on file with the Clerk of the Board)
53.   Continued public hearing on the proposed 2008-2009 service charges for Annexation Number 02-2008, Canterbury Drive and Searidge Road, to County Service Area Number 9, Zone A, Residential Lighting (continued from November 25, 2008, Item No. 37)
a. Letter of the Director of Public Works, dated November 25, 2008
b. Proposed Resolution
c. Certification of the Votes Cast

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).

54.   Consider a proposed ordinance amending Section 2.14 of the Santa Cruz County Code Relating to Powers and Duties of the Public Works Director; and Section 2.18, Relating to the County Surveyor; and consider an associated resolution to amend Personnel Regulations
a. Letter of the Personnel Director, dated December 1, 2008
b. Proposed Ordinances (strike-through version)
c. Proposed Ordinances (clean version)
d. Proposed Resolution
55.   Public hearing to consider amendments to the Unified Fee Schedule
a. Letter of the County Administrative Officer, dated November 25, 2008
b. Proposed Resolution
c. Exhibit A: Proposed revisions of various County departments
d. Exhibit B: Proposed revisions for the Planning Department

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).

56.   1:30 P.M. SCHEDULED ITEM

Consider proposed eminent domain action for the East Cliff Drive Bluff Stabilization Project, 32nd to 36th Avenues and at 41st Avenue; and consider adoption of a resolution to institute eminent domain proceedings

a. Letter of the Director of Public Works, dated November 25, 2008
b. Resolution with Exhibit A and Site Map
57.   1:30 P.M. SCHEDULED ITEM

Public hearing to consider the recommendation of the Planning Commission regarding a Rezoning, General Plan Amendment, Riparian Exception and Planned Unit Development Permit for Assessor's Parcel Number 029-021-47, located in the Live Oak planning area, 550 feet west of the Soquel Avenue/Mattison Lane intersection, to designate the parcel for higher-density residential development in accordance with the requirements of the Housing Element of the County's General Plan

a. Letter of the Planning Director, dated November 18, 2008
b. Proposed Resolution
c. Proposed Ordinance adopting Rezoning
d. Proposed Ordinance adopting PUD Permit
e. Proposed Ordinance adopting PUD Permit (strike through version)
f. Findings
g. Assessor's Parcel Map
h. Rezoning and General Plan Amendment Maps
i. CEQA Mitigated Negative Declaration
j. CEQA Initial Study (on file with the Clerk of the Board)
k. Planning Commission Resolution
l. Planning Commission Minutes of November 19, 2008
m. Planning Commission Staff Report (on file with the Clerk of the Board)
58.   1:30 P.M. SCHEDULED ITEM

Public hearing to consider the Planning Commission's recommendations regarding Application Number 08-0005, a proposal to rezone one parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district, on property located approximately 1,000 feet southwest of the end of Rider Road; Assessor's Parcel Number: 107-061-01; Applicant: Joseph Culver; Property Owner: California Polytechnic State University Foundation

a. Letter of the Planning Director, dated November 18, 2008
b. Ordinance Amending Chapter 13.10 of the County Code
c. CEQA Notice of Exemption
d. Assessor's Parcel Map
e. Planning Commission Resolution Number 98-08
f. Planning Commission Staff Report dated August 6, 2008
g. Planning Commission Minutes of October 8, 2008

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).

59.   1:30 P.M. SCHEDULED ITEM

Consider ordinance adding Chapter 7.58 and repealing Chapter 7.59 of the Santa Cruz County Code relating to Managed Medical Care Commission by Adding Merced County

a. Letter of the Director of Health Services, dated December 2, 2008
b. Proposed Ordinance (clean version)
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.