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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
November 16, 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.   Item deleted

8.   Accept and file notification of continuing contracts received during the period of November 4, 2010 through November 09, 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 claim of State Farm Insurance as subrogee of Christopher O'Grady, Claim No. 011-035, and refer to County Counsel

11.   Reject claim of Mark William Negherbon, Claim No. 011-037, and refer to County Counsel

12.   Reject claim of Richard Eugene Negherbon, Claim No. 011-038, and refer to County Counsel

13.   Adopt ordinance amending Chapter 12.10 and repealing Chapter 13.38 of the Santa Cruz County Code to adopt the 2010 California Building Standards Code (approved in concept November 9, 2010 - item 45); approve Technical Amendments to the 2010 Building Standards Codes, revised to include additional findings, as recommended by the Planning Director

14.   Adopt ordinance adding Section 2.37.108 to the Santa Cruz County Code Regarding Local Business Preference (approved in concept November 9, 2010 - item 47)

15.   Authorize the Auditor-Controller to sign the contract amendment with Caporicci and Larson, Inc., a Subsidiary of Marcum, LLP, reflecting a change of name only, as recommended by the Auditor-Controller

16.   Direct the Auditor-Controller to transfer the warrants listed in the amount of $18,391.99 to the general fund, as recommended by the Auditor-Controller

17.   Approve contract with Barrios Unidos for an amount not-to-exceed $47,450 and take related actions, as recommended by the Chief Probation Officer

18.   Approve revisions to the County Procedures Manual relating to local business preference and take related actions, as recommended by the County Administrative Officer

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

20.   Accept notification of two vacancies on the Board of Law Library Trustees, with nominations for appointment to be received on December 7, 2010, and final appointments to be considered on December 14, 2010, as recommended by Chairperson Campos

21.   Approve appointment of Kathy Agnone to the Domestic Violence Commission, representing the City of Santa Cruz Commission for the Prevention of Violence Against Women, as recommended by Chairperson Campos

 

HEALTH AND SOCIAL SERVICES

22.   Approve amended California Mental Health Services Authority (CalMHSA) Joint Powers Authority Agreement and take related actions, as recommended by the Director of Health Services

23.   Adopt resolution accepting and appropriating unanticipated revenues, approve personnel changes, direct staff to return with grant associated contracts on December 7, 2010 and take related actions, as recommended by the Director of Health Services

24.   Approve the deferral of the Annual Report on Hospital Services and Access to Care until December 14, 2010, as recommended by the Director of Health Services

 

LAND USE AND PUBLIC PROJECTS

25.   Accept and file report on the Energy Upgrade California Program; authorize Planning staff to participate in the Local Government Advisory Committee and take related actions, as recommended by the Planning Director and County Counsel

26.   Authorize Planning staff to forward the County's CalHOME Owner-Occupied Housing Rehabilitation Program Guidelines to the State Department of Housing and Community Development, adopt resolution accepting and appropriating unanticipated revenue in the amount of $250,000 and take related actions, as recommended by the Planning Director

27.   Schedule a public hearing on Tuesday, December 7, 2010 at 9:00 a.m. or thereafter, to consider the Planning Commission's recommended amendments to County Code Chapter 13.10 and 13.20 regarding shade and hoop structures and take related actions, as recommended by the Planning Director

28.   Schedule a public hearing on Tuesday, December 7, 2010 at 9:00 a.m. or thereafter, to consider Application Number 101028 - a proposal to rezone Assessor's Parcel Number 029-071-38 on Chanticleer Avenue from R-1-6-D-L (Residential, One Unit Per 6000 square feet-Designated Park Site Combining Zone District-Historic Landmark Combining Zone District) to PR-L (Parks, Recreation and Open Space -Historic Landmark Combining Zone District); and to rezone Assessor's Parcel Number 029-071-68 on Chanticleer Avenue from R-1-6-D (Residential, One unit per 6000 square feet-Designated Park Site Combining Zone District) to PR (Parks, Recreation and Open Space) district, as recommended by the Planning Director

29.   Approve plan line for Thirtieth Avenue between Scriver Street and Portola Drive; and direct Public Works to include plan line for this portion of Thirtieth Avenue in the Master Plan Line file, as recommended by the Director of Public Works

30.   Approve reimbursement agreement between the City of Capitola and the County of Santa Cruz to reimburse the County for costs associated with pavement resurfacing on 41st Avenue within City limits for the 2010 RDA Overlay Project; adopt resolution accepting and appropriating unanticipated revenue in the amount of $9,969.79 from the City of Capitola for construction of the RDA Overlay Project; and take related action, as recommended by the Director of Public Works

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

31.   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

In Home Supportive Services Public Authority Negotiator: Director of Human Services and Director of Personnel
Employee Organization: In Home Supportive Services Public Authority Employees

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Southern end of Johan's Beach Drive, in the unincorporated area of Santa Cruz County, CA
Assessor's Parcel Number: 028-212-13
Under Negotiation: Terms of Sale
Negotiating Parties: Travis Cary, Chief Property Agent and Property Owners Yuan Daw and Jean Tsai

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Farm Bureau of Santa Cruz County v. County of Santa Cruz et. al., Santa Cruz Superior Court Case No. 164486 ("Atkinson Litigation")

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*****

32.   The Board of Supervisors shall recess in order to permit the Board of Directors of the County Flood Control and Water Conservation District, Zone 7 to convene and carry out a regularly scheduled meeting (agendas are located on the table at the front of the Board Chambers)
a. Zone 7 Agenda of November 16, 2010
b. 1: Oral Communications Sign-In Sheet of November 16, 2010
c. 1.1: Minutes of June 14, 2010
d. 1.2: Letter of the District Engineer dated November 2, 2010 RE: Pajaro River Flood Risk Reduction Project Status Report
e. 1.3: Letter of the District Engineer dated November 2, 2010 RE: Northwest Hydraulic Consultants Pajaro River Contract Amendment
f. 1.4: Letter of the District Engineer dated November 2, 2010 RE: Post-Summit Fire Sedimentation Monitoring in the Corralitos/Salsipuedes Creeks Drainage Area
g. 1.5: Letter of the District Engineer dated November 2, 2010 RE: Zone 7 Transfer of Reserve Funds
h. 1.6: Letter of the District Engineer dated November 2, 2010 RE: Proposed Pajaro River Bench Excavation Project Status Report
i. 1.7: Written Correspondence of November 16,. 2010
33.   Public hearing to consider the Planning Commission's recommendation to amend County Code Section 13.10.681 to remove the owner-occupancy requirement associated with accessory dwelling units located on property owned by public agencies that are providing housing to special populations
a. Letter of the Planning Director, dated October 15, 2010
b. CEQA Notice of Exemption
c. Resolution
d. Strike-through copy of ordinance
e. Proposed Ordinance
f. Planning Commission Resolution
g. Planning Commission Minutes
34.   Public hearing to consider the recommendation of the Planning Commission to approve an amendment adding Section 13.10.235, entitled "Minor Exceptions", to Chapter 13.10 of the Santa Cruz County Code, establishing a discretionary review process to all consideration of minor exceptions from certain zoning site standards
a. Letter of the Planning Director, dated November 3, 2010
b. Resolution approving the proposed ordinance amendment
c. Proposed Ordinance
d. Resolution approving amendment to fee schedule
e. CEQA Notice of Exemption
f. Planning Commission Resolution
g. Planning Commission Staff Report
h. Planning Commission Minutes
35.   Public hearing on the proposed formation of the East Cliff Drive 5th Avenue to 18th Avenue, Underground Utility District Number 19
a. Letter of the Director of Public Works, dated November 4, 2010
b. Resolution
c. Location Map
36.   Public hearing to consider amendments to the Unified Fee Schedule
a. Letter of the County Administrative Officer, dated November 4, 2010
b. Proposed 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).

37.   Consider appointment of Barbie Gomez to the Artificial Turf Committee, as a representative of the Parks and Recreation Commission, for a term to expire July 31, 2011
a. Letter of Supervisor Campos, dated October 26, 2010
38.   Consider appointment of Linda Wilshusen to the Artificial Turf Committee, as an at-large representative of a neighborhood organization in the unincorporated part of the County, for a term to expire July 31, 2011
a. Letter of Supervisor Coonerty, dated October 26, 2010
b. Application ( on file with the Clerk of the Board)
39.   Consider appointment of Ned Spencer, Calla Schmidt, Edward Murrer and Katherine Sweet to the Artificial Turf Committee, as at-large representatives in the categories indicated, for terms to expire July 31, 2011
a. Letter of Supervisor Leopold, dated October 26, 2010
b. Applications (on file with the Clerk of the Board)
40.   Consider appointment of Patrick Kelley to the Artificial Turf Committee, as an at-large representative of a neighborhood organization in the unincorporated part of the county, for a term to expire July 31, 2011
a. Letter of Supervisor Pirie, dated October 26, 2010
b. Application (on file with the Clerk of the Board)
41.   Consider appointment of David Mercer and Dr. Michael Coulson to the Artificial Turf Committee, as at-large representatives in the categories indicated, for terms to expire July 31, 2011
a. Letter of Supervisor Stone, dated October 26, 2010
b. Application (on file with the Clerk of the Board)
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.