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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
June 9, 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.   Item deleted

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 chapter 8.04 of the Santa Cruz County Code relating to the control of election campaign contributions (approved in concept June 2, 2009 - item 61.1)

11.   Adopt ordinance amending sections 2.98.010, 2.98.020, 2.98.040, and 2.98.050 of the Santa Cruz County Code relating to the establishment of a second Assessment Appeals Board (approved in concept June 2, 2009 - item 70)

12.   Adopt ordinance repealing chapter 2.100 and section 12.12.080; and amending sections 7.92.108.1, 12.10.150; subdivision (b) of section 12.10.215; 12.10.435; 12.12.010; 12.12.020; and 12.12.050 of the Santa Cruz County Code relating to the hearing of building, accessibility, and fire code appeals (approved in concept June 2, 2009 - item 73.1)

13.   Reject the claim of Scott Sherman, Claim No. 809-075, and refer to County Counsel

14.   Reject the claim of Ethan Shenkman, Claim No. 809-076, and refer to County Counsel

15.   Reject the claim of San Jose Mercury News (attn: Marshall Anstandig), Claim No. 809-079, as insufficiently filed, and refer to County Counsel

16.   Reject the claim of City of Santa Cruz, Claim No. 809-080, and refer to County Counsel

17.   Reject the claim of Frank and Nancy Walraven, Claim No. 809-082, and refer to County Counsel

18.   Authorize the Auditor-Controller to proceed with necessary actions to secure the 2009-2010 Tax and Revenue Anticipation Notes not-to-exceed a total of $50,000,000; adopt resolution authorizing the sale of 2009-2010 Tax and Revenue Anticipation Notes, as recommended by the Auditor-Controller

19.   Authorize the Auditor-Controller to work with the Department of Child Support Services to pre-pay rent costs so that expense may be claimed on a cash basis for 2008-2009, as recommended by the Director of Child Support Services

20.   Accept and file annual report on the Integrated Pest Management Program and approve recommendation to amend the Integrated Pest Management Policy; direct the County Administrative Officer to return in June 2010 with the annual 2009 Integrated Pest Management Program Report, as recommended by the County Administrative Officer

21.   Authorize the payment of $4012.50 to attorney Steven Wright for indigent defense services, as recommended by the County Administrative Officer

22.   Adopt resolution authorizing the District Attorney to sign and submit agreement with the Victim Compensation and Government Claims Board for Victim/Witness Assistance Center's Funeral/Burial and Domestic Violence Relocation Revolving Fund for the period July 1, 2009 through June 30, 2011, as recommended by the District Attorney

23.   Approve amendment to agreement with RRM, Inc., for extraction well system installation at the Fleet Operations Center and take related actions, as recommended by the Director of General Services

24.   Approve amendment to agreement with Corporate Express to reflect the change in corporate name to Staples, Inc; approve extension of existing office supplies contract with Corporate Express/Staples for up to an additional six-month period through December 31, 2009, as recommended by the Director of General Services

25.   Authorize the County Fire Chief to sign the Matching Funds agreements for 2008-2009 for fire service equipment and take related actions, as recommended by the Director of General Services

26.   Authorize the emergency repair of the fire alarm system at the County Government Center and authorize the Auditor Controller to process payment in an amount not-to-exceed $36,657 to First Alarm, as recommended by the Director of General Services

27.   Authorize submission of grant applications (on file with the Clerk of the Board) to the Monterey Bay Unified Air Pollution Control District for four projects to reduce vehicle emissions totaling $369,400, as recommended by the Director of General Services

28.   Award contract to Monterey Peninsula Engineering in the amount of $133,523 for the Anna Jean Cummins Park Parking Lot Expansion Project and take related actions, as recommended by the Director of General Services

29.   Accept and file the 2008-2009 Equal Employment Opportunity Annual Report, as recommended by the Director of Personnel and the Equal Employment Opportunity Officer

30.   Authorize the Chief Probation Officer to submit a proposal for funding under the Office of Juvenile Justice and Delinquency Prevention Fiscal Year 2009 Second Chance Juvenile Mentoring Initiative, as recommended by the Chief Probation Officer

31.   Authorize the Chief Probation Officer to submit a proposal for funding under the Office of Juvenile Justice and Delinquency Prevention Fiscal Year 2009 Gang Prevention Youth Mentoring Program, as recommended by the Chief Probation Officer

32.   Approve gross pay adjustments for two Corrections employees in the amount of $4,240.03, as recommended by the Sheriff-Coroner

33.   Authorize the Sheriff-Coroner to submit an application to the Monterey Bay Unified Air Pollution Control District for the Motor Vehicle Emission Reduction Grant Program to purchase two electric vehicles in the amount of $16,000 to be used at Cabrillo College, as recommended by the Sheriff-Coroner

34.   Approve appointment of Taylor Dial to the Housing Advisory Commission for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

35.   Accept nomination of Jeff Trapp for appointment to the Hazardous Materials Advisory Commission, as an at-large representative in the category of fire protection, for a term to expire April 1, 2013, with final appointment to be considered June 16, 2009, as recommended by Supervisor Stone

36.   Adopt resolution in opposition to the Governor's proposal to close most of California State Parks and direct the Chairperson to send a letter to the Governor stating our objection to this proposal, as recommended by Supervisor Stone

 

HEALTH AND SOCIAL SERVICES

37.   Authorize payment to Dominican Hospital for inpatient physicians services in the amount of $75,000, as recommended by the Director of the Health Services Agency

38.   Accept and file the fiscal year 2008-2009 annual report on Community Programs, as recommended by the Director of Human Services

 

LAND USE AND PUBLIC PROJECTS

39.   Accept and file status report on the Green Building Program and take related actions, as recommended by the Planning Director

40.   Approve the use of Zayante Sandhills Conservation Bank credits to mitigate for 4,413 square feet of impact to the Zayante Sandhills Habitat caused by the construction of accessibility improvements at the Salvation Army Camp in Scotts Valley, as recommended by the Planning Director

41.   Schedule public hearing on Tuesday, August 11, 2009, at 9:00 a.m. or thereafter, to consider Coastal Commission suggested modifications to density bonus ordinance amendments and take related action, as recommended by the Planning Director

42.   Accept the improvements and approve the final cost of $238,026.81 for the 2008 Sidewalk Infill South Rodeo Gulch Road, 24th Avenue, 7th Avenue, Portola Drive, Paul Sweet Road and Soquel Drive Project and take related action, as recommended by the Director of Public Works

43.   Accept the improvements and approve the final cost of $37,964 for the Pinecrest Drive County Service Area No. 46 Road Repair Project and take related action, as recommended by the Director of Public Works

44.   Approve independent contractor agreement with Cascadia Consulting Group in an amount not-to-exceed $63,420 for a waste characterization study to identify composition and source of refuse entering the County landfill; approve agreement with the City of Scotts Valley and the County of Santa Cruz for partnership in the waste characterization study; and authorize the Director of Public Works to waive disposal fees for users of the County disposal facilities for self-hauled disposal loads selected for the study; and take related actions, as recommended by the Director of Public Works

45.   Approve the independent contractor agreement with Haro, Kasunich Associates Inc. in the not-to-exceed amount of $33,976 to conduct a geotechnical investigation for the Cabrillo College Drive Improvement Project, Park Avenue to Twin Lakes Baptist Church; make findings; and take related actions, as recommended by the Director of Public Works

46.   Direct Public Works to return with a new Request for Proposals to solicit new concrete crushing and grinding services on or before August 18, 2009, as recommended by the Director of Public Works

47.   Adopt resolution scheduling public hearing on Tuesday, August 4, 2009 at 9:00 a.m. or thereafter, to consider the benefit assessment/service charge report for County Service Area 9E - Streetscape Maintenance and direct the Clerk of the Board to take related action, as recommended by the Redevelopment Agency Administrator

 

REDEVELOPMENT AGENCY

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve Agency funds in the amount of $146,876 for the cost of construction of the Anna Jean Cummings Park Parking Lot Expansion Project and take related actions, as recommended by the Redevelopment Agency Administrator

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve Agency funds in the amount of $36,863.96 for the cost of a contract with Haro Kasunich Associates, Inc. for geotechnical engineering services for the Cabrillo College Drive Improvement Project, as recommended by the Redevelopment Agency Administrator

******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 LABOR NEGOTIATOR

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

City of Scotts Valley v. County of Santa Cruz, et al., Santa Cruz Superior Court No. CV157460

UACC Midwest, Inc. and United Cable Television of Santa Cruz, Inc. v. City of Santa Cruz, County of Santa Cruz, Northern District Federal Court No. C-84-7546 SI


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.   Public hearing to consider County Service Area (CSA) 4 and CSA 48 fire protection assessment service charge reports for fiscal year 2009-2010, as recommended by the Director of General Services
a. Letter of the Director of General Services, dated May 21, 2009
b. Resolution
52.   Public hearing to consider approval of resolutions establishing the 2009-2010 assessment/service charges and confirming the proposed 2009-2010 assessment/service charge reports for County Service Area No. 12 - Wastewater Management
a. Letter of the Director of Health Services, dated May 27, 2009
b. Resolutions
53.   Public hearing to consider the recommendation of the Planning Commission regarding the Planned Unit Development (PUD) Permit, Riparian Exception, Rezoning, and General Plan Amendment for Assessor's Parcel Numbers 048-211-25 and 048-221-09 (Atkinson Lane Housing Site), and to consider the certification of an Environmental Impact Report (EIR) prepared for the proposed project
a. Letter of the Planning Director, dated May 29, 2009
b. Area map
c. Resolution certifying EIR
d. Findings for PUD, Riparian Exception, and CEQA
e. Resolution approving General Plan Amendment, Riparian Exception
f. Rezoning ordinance
g. Planned Unit Development permit (clean copy)
h. Planned Unit Development permit (strike-through copy)
i. Assessor's parcel maps
j. Rezoning and General Plan Amendment maps
k. CEQA Notice of Determination
l. CEQA Environmental Impact Report (on file with the Clerk of the Board)
m. Planning Commission resolution
n. Draft Planning Commission minutes
o. Planning Commission staff report
p. Correspondence
54.   Public hearing to consider Application Number 09-0062 (County of Santa Cruz for BK Properties LP), to amend the General Plan land use designation, rezone the property, and take related actions
a. Letter of the Planning Director, dated April 29, 2009
b. Categorical Exemption (CEQA determination)
c. Resolution
d. Ordinance
e. Findings
f. Planning Commission Resolution No. 06-09
g. Planning Commission minutes of April 29, 2009
h. Planning Commission staff report from November 14, 2007 agenda

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).

55.   Study session on proposed 2009-2010 Capital Improvement Program
a. Letter of the Director of Public Works, dated May 28, 2009
56.   Consider appointment of Greg Harden to the Hazardous Materials Advisory Commission, as a representative of labor, for a term to expire April 1, 2013
a. Letter of Chairperson Coonerty, dated May 13, 2009
b. Application (on file with the Clerk)
57.   1:30 P.M. SCHEDULED ITEM

Continued public hearing to consider the recommendation of the Planning Commission regarding the Planned Unit Development Permit, Coastal Development Permit, Rezoning, Local Coastal Program Land Use Plan/General Plan Amendment, and amendment to the Seacliff Village Plan for Assessor's Parcel Number 042-011-06 (Poor Clares Housing Site)

a. Letter of the Planning Director, dated May 29, 2009
b. Rezoning ordinance
c. Planned Unit Development/Coastal Development Permit ordinance (clean copy)
d. Planned Unit Development/Coastal Development Permit (strike-through copy)
e. Findings
f. Assessor's parcel maps
g. Rezoning and General Plan Amendment maps
h. CEQA initial study
i. CEQA Mitigated Negative Declaration
j. Planning Commission resolution
k. Planning Commission staff report
l. Draft Planning Commission minutes
m. Correspondence
n. Staff report from the Board of Supervisor's agenda of May 12, 2009 - item 68
o. Electronic Correspondence of Rebecca Downing dated June 5, 2009

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.