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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
April 21, 2009

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.   Item deleted

8.   Accept and file notification of continuing contracts received during the period of April 9, 2009 through April 15, 2009 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.   Adopt ordinance amending various sections of Chapter 9.08 of the Santa Cruz County Code (Speed Limits) (approved in concept April 14, 2009 - item number 76)

11.   Approve resolution accepting and appropriating unanticipated revenue in the amount of $64,500 from the California Department of Food and Agriculture (CDFA) for Light Brown Apple Moth detection and trapping activities performed in fiscal year 2008-2009 and authorize the Agricultural Commissioner to sign agreement with CDFA for Light Brown Apple Moth detection and trapping activities, as recommended by the Agricultural Commissioner

12.   Approve the replacement of $398.00 in specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

13.   Accept and file status report on County Code document management services, as recommended by the County Administrative Officer

14.   Commence the renewal process for Charter Communications cable franchise for what is known as the South County Cable Franchise Area; authorize the County Administrative Officer to work with Special Counsel on the selection of the consultants needed for a review of Charter's performance to negotiate and sign appropriate agreements, as recommended by the County Administrative Officer

15.   Ratify authorization for the County Clerk to apply for funding in the amount of $250,000 under the federal Voting Access for Individuals with Disabilities (VOTE) grant program; approve participation in the VOTE grant program for the period June 1, 2009 through December 31, 2010; adopt resolution approving the County to enter into a contract in the amount of $250,000 with the Secretary of State's Office to receive VOTE grant funds and take related actions, as recommended by the County Clerk

16.   Approve revised by-laws of the Domestic Violence Commission and take related action, as recommended by the District Attorney

17.   Accept the Notice of Completion for the Moran Way Fence Project at 40 Moran Way, Santa Cruz, California; approve the final cost of $18,170 and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

18.   Accept status report on County Fire emergency service calls related to responding into Santa Clara unincorporated area, and take related actions, as recommended by the Director of General Services

19.   Accept status report on the CAL Fire engine company move to McDermott Station; authorize transfer of $65,000 of appropriations in Contingencies to Services and Supplies; adopt resolution accepting and appropriating unanticipated revenue in the amount of $23,558.21 for McDermott fire station repairs and upgrades; direct staff to return with a further status report on or before June 23, 2009, as recommended by the Director of General Services

20.   Approve a transfer of funds in the amount of $20,000 from the Pajaro Dunes Fire Station Assessment District Maintenance Fund to the Pajaro Dunes Fire/CSA 4 Fund for the replacement of the roof at the Pajaro Dunes Fire Station, as recommended by the Director of General Services

21.   Adopt resolution accepting and appropriating insurance proceeds in the amount of $10,682.31 for repairs required as a result of 2008 fire damage to the Bonny Doon Fire Station on Martin Road, as recommended by the Director of General Services

22.   Approve plans and specifications (on file with the Clerk of the Board) for the Buena Vista Landfill Roof Repair and Repainting Project; direct the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on May 19, 2009, as recommended by the Director of General Services

23.   Approve plans and specifications (on file with the Clerk of the Board) for the 640 Capitola Road Termite Abatement Project; direct the General Services Department to advertise for bids and set the bid opening for 3:00 p.m. on May 26, 2009, as recommended by the Director of General Services

24.   Adopt resolution to amend classification and salary resolution 279-75 to abolish obsolete classifications and add a new classification, as recommended by the Director of Personnel

25.   Accept and file status report on Juvenile Hall Capital Facility Grant Proposal and direct the Chief Probation Officer to return with a further report should there be significant changes to funding decisions made by the Corrections Standards Authority, as recommended by the Chief Probation Officer

26.   Authorize the Chief Probation Officer to sign and submit the Juvenile Justice Crime Prevention Act Application for Continuation Funding for the Comprehensive Multi-Agency Juvenile Justice Plan and direct Probation to return on May 12, 2009 with the Juvenile Justice Plan, as recommended by the Chief Probation Officer

27.   Authorize the Chief Probation Officer to submit proposals for funding under the Edward Byrne Memorial Competitive Grant Program, as recommended by the Chief Probation Officer

28.   Authorize the Sheriff-Coroner to apply for the Edward Byrne Memorial Competitive Grant Program in the amount of $176,875 and take related actions, as recommended by the Sheriff-Coroner

29.   Accept and file the Treasurer's monthly Cash Report and Transaction Report for the period ending March 31, 2009, as recommended by the Treasurer-Tax Collector

30.   Adopt resolution supporting the passage of Senate Bill 4, which would ban smoking in State beaches and parks, as recommended by Supervisor Coonerty

31.   Adopt resolution opposing the passage of Assembly Bill 481 relating to Mobile Home Rent Control, as recommended by Supervisors Coonerty and Leopold

 

HEALTH AND SOCIAL SERVICES

32.   Accept and file report on efforts to mitigate groundwater overdraft in the Pajaro Groundwater Basin and direct the Water Resources Division Director to provide a report in October 2009 on the status of these efforts and whether the Board should further consider declaring a groundwater emergency in the Pajaro Groundwater Basin, as recommended by the Director of Health Services

33.   Approve gross pay adjustment in the amount of $1,198.08, as recommended by the Director of Human Services

 

LAND USE AND PUBLIC PROJECTS

34.   Schedule public hearing on Tuesday, May 12, 2009 at 9:00 a.m. or thereafter to consider the recommendation of the Planning Commission regarding the General Plan Amendment, Rezoning, Planned Unit Development Permit, and Coastal Development Permit for Assessor's Parcel Number 042-011-06 (Poor Clares Housing Site) and take related action, as recommended by the Planning Director

35.   Adopt resolution approving and accepting the terms and conditions of the Seacliff Utility Underground District No. 18 right-of-way property acquisition agreements; approve payment of claims and take related actions, as recommended by the Director of Public Works

36.   Approve amendment to agreement with PaleoResource Consultants F & F GeoResource Associates, Inc., increasing the amount by $28,736.50 to $84,086.88 for additional work associated with the salvage and curation of a significant whale fossil located within the limits of the East Cliff Bluff Protection project and take related actions, as recommended by the Director of Public Works

37.   Approve the permit conditions for the Annual Strawberry Fields Forever Bicycle Ride and direct the Department of Public Works to issue the event permit, as recommended by the Director of Public Works

38.   Accept the improvements and approve the final cost of $137,306.12 for the 17th Avenue Drainage Improvements project and take related action, as recommended by the Director of Public Works

39.   Approve amendment to the agreement with senior and youth programs transportation provider, Discovery Tours, increasing the amount by $8,000, with no increase in cost to the County, and take related actions, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, direct the Planning Department Director to include $36,000 in Redevelopment Agency Housing Funds to provide for extended housing assistance for the Transitional Housing Plus Program (THP+) for fiscal year 2009-2010 and to enter into a contract with the Santa Cruz Community Counseling Center for program operations; authorize $15,000 in Redevelopment Agency Housing Funds to the Human Services Department for housing costs associated with THP+ participants for fiscal year 2008-2009 and take related actions, as recommended by the Planning Director

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve additional financing in the amount of $31,179.10 for paleontological mitigation and monitoring services by PaleoResource Consultants F& F GeoResource Associates, Inc. for the East Cliff Drive Protection Project, as recommended by the Redevelopment Agency Administrator

 

ADDENDA

41.1   Direct the Chairperson of the Board to submit the name of Supervisor Mark Stone to the Speaker of the Assembly as the County's nominee to the California Coastal Commission, Central Coast Region, as recommended by Supervisor Campos

41.2   Approve an additional Advance Enrollment Voluntary Time Off with Accrual (AVTO) Program enrollment period in fiscal year 2008-2009 for SEIU Local 521, as recommended by the Director of Personnel

41.3   Reject the claim of Daphne Winkler, Claim No. 809-064, as insufficiently filed and refer to County Counsel

41.4   Reject the claim of Mark A. Beverly, Claim No. 809-067, as insufficiently filed and refer to County Counsel

41.5   Reject the claim of Guadalupe De Los Santos, Claim No. 809-068, as insufficiently filed and refer to County Counsel

41.6   Accept the low bid from MGE Underground in the amount of $346,091 for the Rolling Woods Sewer Improvements Project; authorize award of contract and take related actions, as recommended by the Director of Public Works

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

42.   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

Steven Travis, Stanley M. Sokolow v. County, Supreme Court Case No. S109597; Sixth Appellate District Case No. H021541; Santa Cruz County Superior Court Case No. CV136570

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel
Employee Organization: All Bargaining Units


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*****

43.   Consider appointment of Phil Wowak as Sheriff-Coroner
a. Letter of Supervisor Coonerty, dated April 15, 2009
b. Resolution
44.   Consider nomination of Sean Saldavia for appointment as Assessor-Recorder
a. Letter of Supervisor Coonerty, dated April 15, 2009
45.   Consider appointment of Glenn Shaller to the Workforce Investment Board, as an at-large representative of labor, for a term to expire June 30, 2010
a. Letter of Neal Coonerty, dated March 30, 2009
46.   Public hearing to consider proposed parking maintenance and operation fees for the Soquel Village Parking and Business Improvement Area for fiscal year 2009-2010; adopt resolution establishing 2009-2010 parking maintenance and operation fees
a. Letter of the Redevelopment Agency Administrator, dated April 7, 2009
b. Resolution

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).

47.   10:00 A.M. SCHEDULED ITEM

Presentation recognizing members of the community participating in the Volunteer Initiative Program and the Sheriff's Volunteer Program

a. Letter of Supervisor Coonerty, dated April 15, 2009
48.   10:00 A.M. SCHEDULED ITEM

Consider award of Green Business Certification to businesses in Santa Cruz County

a. Letter of the Director of Public Works, dated April 9, 2009
49.   10:45 A.M. SCHEDULED ITEM

Consider presentation on the economic impact of Human Services Programs

a. Letter of the Director of Human Services, dated April 6, 2009
50.   Public hearing to consider the recommendation of the Planning Commission regarding the Planned Unit Development Permit, Rezoning, and General Plan Amendment for Assessor's Parcel Numbers 037-101-02, 037-061-66, and a portion of 037-061-04 (Erlach Housing Site)
a. Letter of the Planning Director, dated April 2, 2009
b. Resolution
c. Rezoning Ordinance
d. Planned Unit Development Permit
e. Planned Unit Development Permit (strike-through copy)
f. Findings
g. Assessor's Parcel maps
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. Draft Planning Commission minutes
m. Planning Commission staff report (on file with the Clerk of the Board)
51.   1:30 P.M. SCHEDULED ITEM

Public hearing to consider Application 07-0310, a proposal to convert the existing Alimur Mobile home Park from a rental occupied park to an ownership park

a. Letter of the Planning Director, dated April 8, 2009
b. Site Plan (Vesting Tentative Map)
c. Findings
d. Planning Commission staff report
e. Planning Commission minutes of February 25, 2009
f. Comments and correspondence not included in Planning Commission staff report
g. Letter of Rahn Garcia, Chief Deputy County Counsel, dated April 7, 2009
h. Additional related correspondence
i. Attorney Casparian submitted into record letter dated April 21, 2009 of Law Offices Gilchrist & Rutter
j. Attorney Casparian submitted to record letter of the Board of Supervisors dated March 18, 2009, Item No. 41.1

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).

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.