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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
May 3, 2011


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.   Approve minutes of March 29, 2011, April 5, 2011, and April 12, 2011, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of April 7, 2011 through April 27, 2011 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 Lynn Guio, Claim No. 011-077, and refer to County Counsel

11.   Reject the claim of Wesley James Lewis, Claim No. 011-078, and refer to County Counsel

12.   Reject the claim of Abel Mekkoudi and Abel Mekkoudi dba The Avenue, Claim No. 011-079, and refer to County Counsel

13.   Reject the claim of Raymond R. Hurt, Claim No. 011-080, and refer to County Counsel

14.   Reject the claim of John and Lina Respass, Claim No. 011-081, and refer to County Counsel

15.   Accept the County Administrative Officer's Budget for the County of Santa Cruz for fiscal year 2011-2012 as the basis for deliberations during budget hearings; set Monday, June 20, 2011 as the date to begin public hearings on the proposed budget and take related actions, as recommended by the County Administrative Officer (material available Friday, April 29, 2011)

16.   Approve the .Gov Domain Registration agreement and authorize the Chairperson of the Board to sign the agreement, as recommended by the Director of Information Services

16.1   Approve the equipment agreement at 1080 Emeline and take related action, as recommended by the Director of Information Services

17.   Accept and file report on the need to continue the state of local emergency relative to the March 2011 Storms event, as recommended by the Director of General Services

18.   Accept report on a local preference addition in the evaluation criteria of professional services contracts and direct staff to provide appropriate language in the County Policies and Procedures June 2011 update, as recommended by the Director of General Services

19.   Adopt resolutions confirming previously established benefit assessments for County Service Area (CSA) No. 48 - County Fire and CSA No. 4 - Pajaro Dunes, and setting Tuesday, June 14, 2011 for a public hearing on the proposed 2011-2012 Fire Protection Assessment service charge reports for CSA 48 and CSA 4, and take related actions, as recommended by the Director of General Services

20.   Approve plans and specifications (on file with the Clerk of the Board) for the Historic Miller House Remodel Project at 1975 Chanticleer Avenue, Santa Cruz CA; direct staff to advertise for bids and set the bid opening on May 20, 2011 at 2:15 p.m. in the General Services Department, as recommended by the Director of General Services

21.   Approve plans and specifications (on file with the Clerk of the Board) for the Watsonville Health Center Remodel Project; direct General Services to advertise for bids and set the bid opening on May 25, 2011 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

22.   Approve rejection of bids for the 1400 Emeline Air Handling and HVAC Control Upgrade Project, as recommended by the Director of General Services

23.   Approve agreement with Emeryville Occupational Medical Center in the amount of $19,625 for medical screenings, exams, and services for County Service Area (CSA) No. 48 - County Fire and CSA No. 4 - Pajaro Dunes, and take related actions, as recommended by the Director of General Services

24.   Defer report on architectural services for the Center for Public Safety Project and request the Sheriff's Office to return with a status report as soon as practical, as recommended by the Sheriff-Coroner

25.   Accept and file the Treasurer's monthly Investment Transaction Report for the period ending March 31, 2011, as recommended by the Treasurer-Tax Collector

26.   Approve amendment to agreement with Community Bridges and transfer appropriations in the amount of $21,365.10 from Mountain Community Resources to Community Bridges and take related actions, as recommended by the Chief Probation Officer

27.   Approve contract with Santa Cruz County Office of Education in the amount of $20,000 and take related action, as recommended by the Chief Probation Officer

28.   Approve appointment of Dan E. Chauvet to the Commission on Disabilities for a term to expire April 1, 2015, as recommended by Supervisor Caput

29.   Approve reappointment of Isabel Alvarado Dees to the Equal Employment Opportunity Commission for a term to expire April 1, 2015, as recommended by Supervisor Caput

30.   Accept nomination of Richard F. Schmale for appointment to the Housing Authority Board of Commissioners, as an at-large tenant representative over the age of 62, for a term to expire May 17, 2013, with final appointment to be considered on May 17, 2011, as recommended by Supervisor Coonerty

31.   Adopt resolution in support of Senate Bill 173, relating to health care coverage, mammograms, and take related actions, as recommended by Supervisor Coonerty

32.   Approve reappointment of Paula Ann Samarron to the Equal Employment Opportunity Commission for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

33.   Accept and file annual report of the Animal Nuisance Abatement Appeals Commission and take related action, as recommended by Chairperson Stone

34.   Accept and file annual report of the Assessment Appeals Board (Panels I and II) and take related action, as recommended by Chairperson Stone

35.   Accept and file annual report of the Fire Department Advisory Commission and take related action, as recommended by Chairperson Stone

 

HEALTH AND SOCIAL SERVICES

36.   Defer the annual Emergency Management Council's Coordinating Committee Work Plan Report on county-wide disaster preparedness efforts until May 24, 2011, as recommended by the Directors of Health Services and General Services

37.   Approve agreement with University of California Davis Board of Regents in the amount of $31,000 for Leaps and Bounds staff training in parenting education/therapy, as recommended by the Director of Human Services

37.1   Approve regulatory changes and the revised grant levels in the General Assistance program effective July 1, 2011, as recommended by the Director of Human Services

 

LAND USE AND PUBLIC PROJECTS

38.   Accept and file report on the County's Community Development Block Grant (CDBG) Programs; direct Planning and Economic Development staff to return when the State Department of Housing and Community Development modifies the CDBG Program; schedule a public hearing on Tuesday, May 24, 2011 at 9:00 a.m. or thereafter to consider potential Planning and Technical Assistance Grant applications and take related actions, as recommended by the Planning Director and the Redevelopment Agency Administrator

39.   Approve a gross pay adjustment in the amount of $979.20 for an employee in the Planning Department, as recommended by the Planning Director

40.   Approve the use of Zayante Sandhills Conservation Bank credits to mitigate for approximately 924 square feet of impact to the Zayante Sandhills Habitat caused by the construction of a detached garage in Scotts Valley, as recommended by the Planning Director

41.   Approve the use of Zayante Sandhills Conservation Bank credits to mitigate for approximately 840 square feet of impact to the Zayante Sandhills Habitat caused by the construction of a room addition to an existing single-family dwelling in Ben Lomond, as recommended by the Planning Director

42.   Accept the improvements and approve the final cost of $426,511.54 for the Eureka Canyon Road Culvert Replacement project and take related action, as recommended by the Director of Public Works

43.   Accept the certification of the vote results for County Service Area (CSA) No. 13A - Oak Flat Road; CSA No. 24 - Pineridge; CSA No. 32 - View Circle; CSA No. 35 - County Estates; CSA No. 46 - Pineridge Drive; and CSA No. 50 - The Vineyard; direct the Director of Public Works to retain the ballots for at least six months following the certification; and adopt resolutions authorizing and levying an assessment for road maintenance and operations within CSA No. 13A - Oak Flat Road; CSA No. 24 - Pineridge; CSA No. 32 - View Circle; CSA No. 35 - County Estates; CSA No. 46 - Pineridge Drive; and CSA No. 50 - The Vineyard, as recommended by the Director of Public Works

44.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $27,240 from the Cities of Santa Cruz, Capitola, and Scotts Valley; approve independent contractor agreement in the not-to-exceed amount of $50,000 with Mercury Disposal Systems, Inc. for the recycling of fluorescent light bulbs through June 30, 2011, and take related actions, as recommended by the Director of Public Works

45.   Adopt resolution supporting passage of Senate Bill 515, the Battery Stewardship Act and take related action, as recommended by the Director of Public Works

46.   Adopt resolution supporting passage of Senate Bill 558, regarding polystyrene foam food service containers and take related action, as recommended by the Director of Public Works

47.   Adopt resolution approving and accepting the terms and conditions of the property acquisition agreement for Eaton Street Improvements Project; approve payment of claim in the amount of $2,500 for the agreement and take related action, as recommended by the Director of Public Works

48.   Approve amendment to agreement with Peterson Tractor Company, Inc., increasing the compensation by $25,000 for a not-to-exceed total of $185,000 for heavy equipment and fleet services and take related action, as recommended by the Director of Public Works

49.   Approve Contract Change Order No. 5 in the amount of $60,007.65 for the Green Valley Road/Airport Boulevard/Holohan Traffic Signal Improvement Project and take related action, as recommended by the Director of Public Works

50.   Approve road closures and permit for the Thirty-Ninth Annual Wharf-to-Wharf Race on July 24, 2011 and take related action, as recommended by the Director of Public Works

51.   Approve road closures and permit for the Aptos 4th of July Parade and take related action, as recommended by the Director of Public Works

52.   Approve road closures and permit for the La Selva Beach 4th of July Parade, and take related action, as recommended by the Director of Public Works

53.   Approve plans and specifications (on file with the Clerk of the Board) and engineer's estimate for the Davenport Drinking Water Improvement Project - Phase II and authorize calling for bids; set the bid opening on June 2, 2011 at 2:15 p.m. in the Public Works conference room; direct Public Works to return on June 21, 2011 with a recommendation for award of contract and take related action, as recommended by the Director of Public Works

54.   Approve plans and specifications (on file with the Clerk of the Board) and engineer's estimate for the Highland Way Storm Damage Repair Project and authorize calling for bids; set the bid opening on May 26, 2011 at 2:15 p.m. in the Public Works conference room; direct Public Works to return on June 14, 2011, with a recommendation for award of contract and take related action, as recommended by the Director of Public Works

55.   Authorize the installation of a 70-watt residential street light on Paget Avenue, as recommended by the Director of Public Works

56.   Defer approval of the proposed independent contractor agreement for design and engineering services for the San Lorenzo Bridge Replacement Project until on or before May 24, 2011, as recommended by the Director of Public Works

57.   Ratify Immediate Right of Entry Agreement; adopt resolution approving and accepting the terms and conditions of the Immediate Right of Entry agreement for the Nelson Road temporary bypass, and take related action, as recommended by the Director of Public Works

58.   Ratify submittal of an application to the California Department of Resources Recycling and Recovery (CalRecycle) for a Household Hazardous Waste grant in the amount of $49,480 and adopt resolution authorizing the submittal of applications for grant funds from CalRecycle, as recommended by the Director of Public Works

59.   Adopt resolution authorizing the Cultural Council of Santa Cruz County to be the designated representative to the California Arts Council, as recommended by the Director of Parks, Open Space, and Cultural Services

60.   Approve the rental agreement for Harvey West Clubhouse for use by Veterans for Memorial Day Activities and authorize the County Administrative Officer to sign the agreement, as recommended by the Director of Parks, Open Space, and Cultural Services

 

REDEVELOPMENT AGENCY

61.   AS THE BOARD OF SUPERVISORS AND THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve an agreement with ESA PWA in the amount of $79,888 for surf monitoring services as required by the Coastal Commission permit for the East Cliff Drive Bluff Protection project and take related action, as recommended by the Redevelopment Agency Administrator

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, award a contract to Sherman Construction in the amount of $16,328 for repairs to a Measure J unit at 201 Amador and take related actions, as recommended by the Planning Director

 

ADDENDA

62.1   Authorize the Chairperson of the Board to send a letter to the California Emergency Management Agency requesting reconsideration of California Disaster Assistance Act funding for the March 2011 Storms Event and direct the Public Works Director to seek support for this request from our local State legislative representatives and Governor Brown, as recommended by the Director of Public Works

62.2   Approve Third amendment to the agreement with the Redevelopment Agency of the City of Scotts Valley and the Redevelopment Agency of the County of Santa Cruz pursuant to Community Redevelopment law and Health and Safety Code Section 33000, et seq. and the City of Scotts Valley and the County of Santa Cruz dated November 14, 1990, and designate the Santa Cruz County Library Joint Powers Authority pursuant to the 1990 agreement, as recommended by County Counsel

62.3   Adopt resolution for zero property tax exchange for Local Agency Formation Commission #938 - Pine Tree Lane/Kovalik Reorganization to Santa Cruz County Sanitation District, as recommended by the County Administrative Officer


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

63.   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 County Employee Organizations and Associations

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
5300 Soquel Avenue, Santa Cruz, CA
Assessor's Parcel Number: 029-021-55
Under Negotiation: price and terms of payment
Negotiating Parties: Travis Cary, Chief Real Property Agent and Bay Federal

5400 Soquel Avenue, Santa Cruz, CA
Assessor's Parcel Number: 029-021-56
Under Negotiation: price and terms of payment
Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

5200 Soquel Avenue, Santa Cruz, CA
Assessor's Parcel Number: 029-021-57
Under Negotiation: price and terms of payment
Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

2400 Chanticleer Avenue, Santa Cruz, CA
Assessor's Parcel Number: 029-021-58
Under Negotiation: price and terms of payment
Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

Parking Lot Only, Santa Cruz, CA
Assessor's Parcel Number: 029-021-59
Under Negotiation: price and terms of payment
Negotiating Parties: Travis Cary, Chief Real Property Agent and Green Valley Corporation

AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD,
CONFERENCE WITH LABOR NEGOTIATOR
In Home Supportive Services Public Authority Negotiator: Directors of Human Services and Personnel
Employee Organization: In Home Supportive Services Public Authority Employees


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*****

64.   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 7, to convene and carry out a special meeting (agendas are located on the table in front of the Board Chambers)
a. Zone 7 Agenda
b. 1.1: Letter of the District Engineer dated April 20, 2011 RE: Pajaro River Bench Excavation Project Amendment to Agreement
c. 1.2: Letter of the District Engineer dated April 20, 2011 RE: Pajaro River Flood Risk Reduction Project, Contract for Public Outreach and for Proposition 1E Grant Award
d. Independent Contractor Agreement with David Dickson Consulting
e. 1.3:
f. 1.4: Written Correspondence


65.   Continued public hearing to consider a proposed Medical Marijuana Cooperative Ordinance applicable to unincorporated areas of Santa Cruz County and to consider a one year extension of a moratorium in County coastal zone areas only, to temporarily prohibit medical marijuana dispensaries and production houses (continued from April 12, 2011 - item 53)
a. Letter of the Planning Director, dated April 15, 2011
b. Proposed resolution
c. Ordinance to adopt medical marijuana regulations
d. Ordinance to extend moratorium in Coastal Zone
e. CEQA Exemption
f. Materials from the Board meeting of April 12, 2011 - item 53


66.   Public hearing to consider repealing Santa Cruz County Code Chapter 7.28, Article IV, sections 170-250, relating to Apple Maggot Control
a. Letter of the Agricultural Commissioner, dated April 20, 2011
b. Proposed ordinance


67.   Public hearing to consider the submittal of a Community Development Block Grant Disaster Recovery Initiative Planning Grant application
a. Letter of the Planning Director, dated April 20, 2011
b. Proposed resolution


68.   Public hearing to consider the proposed 2011-2012 benefit assessment/service charge reports for various County Service Areas
a. Letter of the Director of Public Works, with attachment, dated April 20, 2011
b. Proposed resolution


69.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, conduct public hearing to consider proposed ordinance amending District Code establishing 2011-2012 sewer service charges
a. Letter of the District Engineer, dated April 20, 2011
b. Ordinance F-14 (clean and strike-through copies)
c. Notice of public hearing


70.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, conduct a public hearing to consider modifications to the Affordable Housing Preservation Program Guidelines to allow for leases of Redevelopment Agency owned property to income eligible tenants
a. Letter of the Planning Director, dated April 13, 2011

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).

71.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, consider status report on Redevelopment Agency third party agreements, consider actions to implement Supplement Agreements for Redevelopment Agency financed contracts and consider approval of budget adjustments
a. Letter of the Redevelopment Agency Administrator, with attachments


72.   1:30 P.M. SCHEDULED ITEM

Public hearing to consider the Planning Commission's report and recommendations on proposed modifications to the proposed Vacation Rental Ordinance and to consider extending the temporary moratorium against the establishment of new vacation rentals in the coastal zone for an additional 10 months and 15 days

a. Letter of the Planning Director, dated April 20, 2011
b. Proposed resolution
c. CEQA Notice of Determination and Negative Declaration
d. Comment letter on Negative Declaration
e. CEQA Notice of Exemption
f. Proposed ordinance (clean and strike-through copies)
g. Urgency ordinance extension in the Live Oak Designated Area only
h. Urgency ordinance in the coastal zone
i. Links to previously meeting material and public correspondence
j. Correspondence

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).

        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.