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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
December 15, 2009

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 (on file with the Clerk of the Board)

7.   Item deleted

8.   Accept and file notification of continuing contracts received during the period of December 3, 2009 through December 8, 2009 and approved upon adoption of the 2009-2010 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 Adept Consulting Services, Claim No. 910-040, and refer to County Counsel

11.   Reject the claim of Brent Leavitt, Claim No. 910-043, and refer to County Counsel

12.   Reject the claim of Frank B. Garcia, Claim No. 910-046, and refer to County Counsel

13.   Reject the claim of Vincent John LoFranco, Claim No. 910-047, and refer to County Counsel

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

15.   Accept and file report and find there is a need to continue the state of emergency relative to the Swine Influenza A (H1N1), as recommended by the County Administrative Officer

16.   Approve the Proposition 172 Maintenance of Effort (MOE) calculation for 2008-09 to certify that the County exceeds the Prop 172 MOE by $31.1 million; and direct the County Administrative Officer to execute and forward the 2009-2010 certification to the Auditor-Controller, as recommended by the County Administrative Officer

17.   Accept and file financial report by the District Attorney's Office related to the Victim Compensation and Government Claims Board agreement for the period of July 1, 2009 through June 30, 2012, as recommended by the District Attorney

18.   Authorize County Service Area No. 4-Pajaro Dunes Fire to purchase a Type One fire engine in fiscal year 2009/2010; authorize the County Fire Chief to sign the Interlocal Contract for Cooperative Purchasing; authorize the fifty percent Pre-Payment Discount and the Demo discount; and take related actions, as recommended by the Director of General Services

19.   Authorize the sole source justification for the Sheriff Detention Jail Door Retrofit work and direct the Sheriff's Office to return on or before January 26, 2010 with a negotiated contract with American Alarm for the first phase of jail door retrofit work, as recommended by the Director of General Services

20.   Defer report on the modified automatic aid agreement with Santa Clara County and the development of an agreement with Santa Clara County for the remaining uncovered areas on or before the last meeting in February 2010, as recommended by the Director of General Services

21.   Approve an extension of the existing office supplies contract with Staples, Inc., for an additional sixty day period through March 1, 2010, and direct General Services to provide an office supply contract for your Board's approval on or before February 23, 2010, as recommended by the Director of General Services

22.   Adopt resolution certifying the Board's approval of agreement with the California Department of Forestry and Fire Protection; approve contract and operational agreement with the California Department of Forestry and Fire Protection for fire protection services in County Service Areas 4 and 48 for fiscal year 2009/2010 in the amount of $3,291,571; and take related actions, as recommended by the Director of General Services

23.   Authorize County Fire to purchase a Type One fire engine in place of a water tender as specified during the 2009/2010 budget hearings, as recommended by the Director of General Services

24.   Approve the Memorandums of Understanding between the California Department of Motor Vehicles and the Assessor, the Treasurer-Tax Collector and the Information Services Department; and take related actions, as recommended by the Director of Information Services

25.   Accept and file the Treasurer's monthly Investment Transaction Report for the period ending November 30, 2009, as recommended by the Treasurer-Tax Collector

26.   Adopt resolution authorizing the Treasurer-Tax Collector to enter into and execute an agreement with the California Franchise Tax Board Court Ordered Debt Program for the collection of money owed to the Santa Cruz County Superior Court, as recommended by the Treasurer-Tax Collector

 

HEALTH AND SOCIAL SERVICES

27.   Approve amendment to the agreement with The Center to Promote Healthcare Access for electronic application enrollment services and authorize the Director of Health Services to sign, as recommended by the Director of Health Services

28.   Accept the Water Resources Program Status Report and direct the Health Services Agency Director to provide a follow-up annual report on County water management activities in December, 2010, as recommended by the Director of Health Services

29.   Approve Master Agreement for veterans advocacy services at a rate of $35.00 per hour; and authorize the Director of Health Services to sign, as recommended by the Director of Health Services

30.   Approve amendment to the lease agreement with Pacific Coast Development, for space at 12 West Beach in Watsonville, at a monthly square foot cost of $1.30 plus utilities and janitorial, and authorize the Health Services Agency Director to sign; and approve amendments to the lease agreement with Pacific Coast Development for space at 18 West Beach in Watsonville, at a monthly square foot cost of $1.30 plus utilities and janitorial, and authorize the Human Services Department Director to sign, as recommended by the Director of Human Services and the Director of Health Services

31.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $1,768,265 from the Temporary Assistance for Needy Families Emergency Contingency Fund (TANF ECF) for services to CalWORKS participants and other low-income families; approve the TANF ECF contracts and amendments; and authorize the Director of Human Services to sign, as recommended by the Director of Human Services

 

LAND USE AND PUBLIC PROJECTS

32.   Schedule public hearing on Tuesday, January 12, 2010, at 9:00 a.m. or thereafter, to consider the recommendation of the Planning Commission regarding the October 2009 Housing Element and take related action, as recommended by the Planning Director

33.   Item deleted

34.   Accept and file report on the Cabrillo College Pedestrian Overcrossing; and direct Public Works to return on or before March 23, 2010, for approval to advertise a request for proposals to prepare a seismic stability analysis for the Cabrillo College Pedestrian Overcrossing, as recommended by the Director of Public Works

35.   Accept and file the final 2009/2010 Capital Improvement Program document and direct the Department of Public Works to return on or before May 18, 2010, with the proposed 2010/2011 Capital Improvement Program document, as recommended by the Director of Public Works

36.   Adopt resolution for right-of-way acquisitions for the Rolling Woods Sewer Improvement project; authorize the Director of Public Works to sign the agreements on behalf of the County; and approve payment of the claims, as recommended by the Director of Public Works

37.   Approve amendment to agreement with PaleoResource Consultants F&F Georesource Associates, Inc., for additional work associated with the curation and reporting of a second significant whale fossil and other small fossils located within the limits of the East Cliff Drive Bluff Protection Project by increasing the contract $13,915.50 for a not-to-exceed amount of $98,002.38; and take related action, as recommended by the Director of Public Works

38.   Approve Contract Change Order in the amount of $3,507 required for completion of the 2009 Slurry Seal Project; accept the improvements and approve the final cost of $63,961 for the project; and authorize the Clerk of the Board to take related action, as recommended by the Director of Public Works

39.   Approve independent contractor agreement with Soil Control Lab for County and various sanitation County Service Areas water and wastewater treatment plant lab testing in the not-to-exceed amount of $53,900 per fiscal year; and take related action, as recommended by the Director of Public Works

40.   Approve amendment to agreement with Green Waste Recovery Inc., for a change in the terms of the performance bond from a four-year term to a one-year term with an annual renewal; and take related action, as recommended by the Director of Public Works

41.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, approve amendment to agreement with Williams Tree Service, Inc., for tree maintenance, emergency tree removal and work along the Salsipuedes River by increasing the contract for fiscal year 2009/2010 by $50,000 for a total not-to-exceed amount of $115,000, as recommended by the District Engineer

42.   Accept the Anna Jean Cummings Park Slide Replacement Project as completed; approve the final cost of the project in the amount of $235,717.58; and authorize the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

43.   Accept the Simpkins Family Swim Center renovation project as completed; approve the final cost in the amount of $1,874,268; and authorize the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve an Independent Contractor Agreement with SSA Landscape Architects, Inc. for design services for the Chanticleer Avenue Park Project in an amount not-to-exceed $403,038; and take related actions, as recommended by the Redevelopment Agency Administrator

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, accept and file report on the status of paleontological resources and approve additional funding in the amount of $14,959.16 for mitigation and monitoring services by PaleoResource Consultants for the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator

 

ADDENDA

45.1   Adopt resolution authorizing a grant application for Energy Efficiency and Conservation Block Grant (EECBG) funding through the California Energy Commission and authorize the General Services Director to execute all necessary documents associated with the grant; and direct that staff return with appropriate recommendations after the grant is considered by the State, as recommended by the Director of General Services

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

46.   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

Karen Sue Sallovitz v. Gabriella Magana, Deputy Nielson, Shawna Brim, Santa Cruz County Sheriff Department, Unnamed Security Officer 1, and DOES 1-10, Santa Cruz Superior Court Case No. CV 158872

Elan and Reverend Oracle v. Santa Cruz County Planning Department; Tom Burns; and DOES 1-25, inclusive, U.S. District Court, Northern District of California, San Jose Division Case No. C09-00373 JF

Myrna Perez v. Daniel Robeson and County of Santa Cruz, Santa Cruz County Superior Court Case No. CV 161642

Bert Nabor v. County of Santa Cruz, Workers' Compensation Claim Numbers 2008186336; 2008186251; 2007178533; 2006155591; and 2003084893

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*****

47.   The Board of Supervisors shall recess in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5 to convene and carry out a regularly scheduled meeting (agendas are located on the table in front of the Board Chambers)
a. Agenda of December 15, 2009
b. 1: Oral Communications Sign-In Sheet of December 15, 2009
c. 1.1: Letter of the District Engineer dated December 3, 2009 RE: Schedule of Zone 5 Meetings for 2010
d. 1.2: Letter of the District Engineer dated December 3, 2009 RE: First Quarterly Report of 2009/2010 Zone 5 Expansion Construction Revenue
e. 1.3: Letter of the District Engineer dated December 3, 2009 RE: Fourth Quarterly Report of 2008/2009 Zone 5 Expansion Construction Revenue
48.   Continued public hearing to consider a grant submittal to the Community Development Block Grant (CDBG) Program-Planning and Technical Assistance Allocation
a. Letter of the Planning Director, dated December 3, 2009
b. Proposed Resolution
c. Summary Project Description
49.   Public hearing to consider the recommendation of the Planning Commission to approve minor "clean-up" ordinance amendments to Chapters 5.08, 12.02, 13.10, 13.20, 14.01, 16.42, and 18.10 of the Santa Cruz County Code
a. Letter of the Planning Director, dated November 30, 2009
b. Proposed Resolution
c. Proposed Ordinance (strike-out copy)
d. Proposed Ordinance (clean copy)
e. Table summarizing amendments
f. CEQA Notice of Exemption
g. Text of State Law
h. Planning Commission Resolution
i. Planning Commission Staff Report
j. Planning Commission Minutes
50.   Public hearing to consider the recommendation of the Planning Commission to amend County Code Chapter 17.12, Residential Density Bonuses and Affordability Incentives, to reflect minor changes in State law, and to adopt the Santa Cruz County Density Bonus Guidelines
a. Letter of the Planning Director, dated November 30, 2009
b. Proposed Resolution
c. Proposed Ordinance (strike-out copy)
d. Proposed Ordinance (clean copy)
e. Revised Density Bonus Guidelines
f. CEQA Notice of Exemption
g. Government Code Section 65915
h. Planning Commission Resolution
i. Planning Commission Staff Report
j. Planning Commission Minutes
51.   Public hearing to consider a report concerning CaliforniaFIRST (also known as Solar Santa Cruz) and adopt resolutions to authorize the County of Santa Cruz to join the California Communities CaliforniaFIRST Program and to approve the collaborative lead agency bidder Sacramento County to apply for and receive funding on behalf of County of Santa Cruz
a. Letter of the Planning Director, dated November 12, 2009
b. Resolution to join CaliforniaFIRST
c. Resolution to approve Sacramento County apply for funding on behalf of Santa Cruz County
d. Authorized Improvements
e. CaliforniaFIRST Program Report

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).

52.   Consider appointment of Sonja Brunner to the Housing Authority Board of Commissioners, as an at-large tenant representative, for a term to expire December 15, 2011
a. Letter of Supervisor Leopold, dated December 2, 2009
b. Application (on file with the Clerk of the Board)
53.   Consider appointment of Dr. Margery Regalado Rodriguez to the Board of Directors of the Community Action Board, as an at-large County appointee, for a term to expire January 7, 2013
a. Letter of Supervisor Leopold, dated December 2, 2009
b. Application (on file with the Clerk of the Board)
54.   Consider reappointment of Heidi Simonson and Julia Hill to the Board of Law Library Trustees for terms to expire December 31, 2010
a. Letter of Supervisor Pirie, dated December 2, 2009
b. Letter of Julia Hill, dated December 1, 2009
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.