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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
September 14, 2010


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.   Approve minutes of August 17, 2010 and August 24, 2010, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of August 19, 2010 through September 8, 2010 and approved upon adoption of the 2010-2011 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 Cynthia Ambar Lee, Scotty Mitchell, Karen Mitchell, David Eshleman, Connie Eshleman, Bruce Gordon, Marie Beauchemin (erroneously sued herein as Marie Gordon), Wendy Baron, Robert G. Kinzie and Sandra L. Kinzie, Claim No. 011-013, and refer to County Counsel

11.   Adopt resolution fixing and levying the 2010-2011 Tax Rates, pursuant to the State Constitution, as recommended by the Auditor-Controller

12.   Authorize the Auditor to issue replacement warrants in the total amount of $409.40 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

13.   Accept the Statement of the Vote for the June 8, 2010 Statewide Primary Election (on file with the Clerk of the Board) and declare the winner for each contest under Board jurisdiction, as recommended by the County Clerk

14.   Accept the Statements of Vote for the June 22 and August 17 Special Vacancy elections (on file with the Clerk of the Board), as recommended by the County Clerk

15.   Adopt resolution appointing the unopposed special district candidates who have filed Declarations of Candidacy for the November 2, 2010 District Election, as recommended by the County Clerk

16.   Adopt resolution ordering the elections called by school districts, special districts, and cities be consolidated with the November 2, 2010 Gubernatorial General Election, as recommended by the County Clerk

17.   Adopt the County Local Hazard Mitigation Plan for 2010-2015 as approved by the Federal Emergency Management Agency, as recommended by the Director of General Services

17.1   Approve contract with TBWB Strategies for County Service Area No. 48 public education and outreach services, as recommended by the Director of General Services

18.   Award contract in the amount of $1,275,200 to Elite Landscaping, Inc., for the Felt Street Project and take related actions, as recommended by the Director of General Services

19.   Award contract to Zipcar, Inc., for the community car share program and take related actions, as recommended by the Director of General Services

20.   Declare certain used County vehicles to be surplus and direct staff to arrange for their disposition, as recommended by the Director of General Services

21.   Accept the proposed ordinances updating Fire Codes for autonomous fire protection districts of Aptos/La Selva, Ben Lomond, Boulder Creek, Branciforte, Central, Felton, Pajaro Valley, Scotts Valley and Zayante; direct the Office of Emergency Services/County Fire staff to transmit any comments the County may have to the autonomous fire districts by October 1, 2010; and direct staff to return on October 26, 2010 with the autonomous fire protection districts' adopted ordinances for acceptance, modification, or denial, as recommended by the Director of General Services

22.   Approve denial of industrial disability retirement determination for a safety member, as recommended by the Director of Personnel

23.   Approve industrial disability retirement determination for a safety member, as recommended by the Director of Personnel

24.   Approve an extension of the Middle Management Association Memorandum of Understanding (MOU), implement provisions of the Middle Management agreement and approve health care provisions related to unrepresented group and the District attorney/Child Support Attorney Association, as recommended by the Director of Personnel

25.   Accept and file report on transportation of juveniles to court, as recommended by the Chief Probation Officer

26.   Approve a contract amendment with Behavior Interventions Incorporated, increasing the contract amount by $4,704 for a new not-to-exceed total of $30,704, for additional electronic monitoring services, and take related action, as recommended by the Chief Probation Officer

27.   Approve an Operating Transfer from Probation Index 574100-6100 to the General Services Department Fleet Operations Index 3335000-2463 in the amount of $10,000 to purchase a replacement Girlzpace Grant van and take related actions, as recommended by the Chief Probation Officer

28.   Accept and file the Treasurer's monthly Investment Transaction Report for the period ending August 31, 2010, as recommended by the Treasurer-Tax Collector

29.   Adopt resolution supporting the Land Trust of Santa Cruz County's request to the California Department of Conservation for the agricultural easement conservation of the Pista farmland, as recommended by Supervisor Pirie

30.   Approve appointment of Denise Ward to the Arts Commission for a term to expire April 1, 2013, as recommended by Supervisor Pirie

 

HEALTH AND SOCIAL SERVICES

31.   Approve agreement in the amount of $78,860 with Children and Family Futures for Federal Administration for Childrens and Families grant evaluation services and take related actions, as recommended by the Director of Health Services

32.   Authorize the County Administrative Officer to issue an ambulance operator's license to American Medical Response West for 2010-2011, as recommended by the Director of Health Services

 

LAND USE AND PUBLIC PROJECTS

33.   Direct staff to process an ordinance amendment to County Code Section 13.10.681 regarding removal of the requirements for owner-occupancy and a homeowners exemption for properties with an accessory dwelling unit that are owned by public agencies and provide housing to special needs populations, as recommended by the Planning Director

34.   Authorize the Planning Director to sign a contract amendment with Hansen Information Technologies in the amount of $6,439.80 and take related actions, as recommended by the Planning Director

35.   Accept and file report on the Aptos Village Plan railroad crossing improvements and direct Public Works to return with a further status report on October 5, 2010, as recommended by the Director of Public Works

36.   Accept and file the annual report of the National Pollutant Discharge Elimination system, Phase II and take related actions, as recommended by the Director of Public Works

37.   Accept and file the final report on the Scott Creek Bridge Emergency Rehabilitation Project, as recommended by the Director of Public Works

38.   Approve reimbursement agreements with City of Santa Cruz Water Department in the amount of $32,159.40 and the Soquel Creek Water District in the amount of $17,039.93; adopt resolutions for unanticipated revenue in the amount of $32,159.40 from the City of Santa Cruz Water Department and $17,039.93 from the Soquel Creek Water District; make related findings; accept the low bid of Pavex Construction in the amount of $908,413.50 for the RDA Overlay Project; authorize the award of the contract; and authorize the Director of Public Works to sign the agreements and contract on behalf of the County, as recommended by the Director of Public Works

39.   Approve road closures and permit for the Soquel High School Homecoming Parade scheduled for October 15, 2010, direct Public Works Department to issue the parade permit, as recommended by the Director of Public Works

40.   Authorize a total expenditure of $1,165 for the County of Santa Cruz's portion of the Monterey Bay regional storm water pollution prevention television advertisements, as recommended by the Director of Public Works

41.   Authorize payment in the amount of $12,254.69 to Hope Services, Inc. for providing recycling labor for construction and demolition waste recovery operations in the 2009/2010 fiscal year, as recommended by the Director of Public Works

42.   Accept and file report on the status of the proposed Zero Waste EcoPark and direct staff to return with a further report on or before March 1, 2011, as recommended by the Director of Public Works

43.   Authorize the County Administrative Officer to sign a Lending Agreement with the Santa Cruz Museum of Natural History to temporarily loan for display paleontological resources discovered during construction of the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator and the County Administrative Officer

 

REDEVELOPMENT AGENCY

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY BOARD OF DIRECTORS, accept and file report on the Gemma House Improvement Project concerning installation of solar improvements and the potential for converting a habitable accessible structure to an accessory dwelling unit, and take related action, as recommended by the Planning Director

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve Agency funds totaling $1,109,583.33 for the cost of the 2010 Redevelopment Agency Overlay Project and take related actions, as recommended by the Redevelopment Agency Administrator

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve the contract amendment in the amount of $47,040 with Whitson Engineers for additional services for the East Cliff Drive Parkway Project and take related actions, as recommended by the Redevelopment Agency Administrator

47.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve funding for the Felt Street Park construction contract in the amount of $1,351,460 and take related actions, as recommended by the Redevelopment Agency Administrator

 

ADDENDA

47.1   Approve the extension of one Planner IV/I position from October 1, 2010 to June 30, 2011 to support Planning Department regulatory reform and permit streamlining effort, as recommended by the Planning Director


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

48.   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

Alexandra Pomianowski, an incompetent, by and through her Guardian ad Litem, Deborah Herting v. County of Santa Cruz; Steven Michael Peters; Ford Motor Company, Santa Cruz Superior Court Case No. CV165777

Robert George v. Dan Brierly; John Doe; and Richard Roe, individually and in their capacities as deputy sheriffs for the County of Santa Cruz, the true names and exact numbers of whom are unknown at this time; Phil Wowak; County of Santa Cruz, a municipal corporation; DOES 1 to 50, U.S. District Court, Northern District, San Jose Division Case No. CV10-01379 PVT

Save Our Seacliff, an unincorporated association, Petitioner v. County of Santa Cruz, Board of Supervisors of the County of Santa Cruz, and DOES 1 through 15, Respondents, Dominican Health Services, a California Corporation, and DOES 16 through 30, Real Parties in Interest, Santa Cruz Superior Court case No. CV 164562


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*****

49.   The Board of Supervisors shall recess in order to permit the Board of Directors of the County Flood Control and Water Conservation District, Zone 5 to convene and carry out a regularly scheduled meeting (agendas are located on the table at the front of the Board Chambers).
a. Zone 5 Agenda of September 14, 2010
b. Item No. 1: Oral Communications Sign-In Sheet of September 14, 2010
c. Item No. 1.1: Action Summary Minutes of June 22, 2010
d. Item No. 1.2: Letter of the District Engineer dated August 30, 2010 RE: Fourth Quarterly Report of 2009/2010 Zone 5 Expansion Construction Revenue
e. Item No. 1.3: Letter of the District Engineer dated August 30, 2010 RE: Stormwater Management Program Implementation Monterey Bay Regional Stormwater Pollution Prevention, Television Advertisements


50.   Consider report regarding an approach and timeline for phase two of Community Programs funding analysis and recommendations (continued from June 14, 2010 Budget Hearing item no. 3)
a. Minute Order of September 15, 2010


51.   Consider adoption in concept of an ordinance amending and updating the County Fire Code (Chapter 7.92) and adopting a resolution setting a public hearing on Tuesday, October 26, 2010 at 9:00 a.m. or thereafter to consider adoption of the International Fire Code 2009 Edition and the California Fire Code 2010 Edition, with amendments
a. Letter of the Director of General Services, dated September 1, 2010
b. Proposed ordinance
c. Resolutions


52.   Consider report of County Counsel outlining various options regarding PG& E's SmartMeter technology, including a temporary moratorium on the installation of additional SmartMeters
a. Letter of County Counsel, dated September 8, 2010, with attachments
b. Proposed ordinance


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.