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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
April 10, 2012


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 March 6, 2012 and March 20, 2012, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of March 15, 2012 through April 4, 2012, and approved upon adoption of the 2011-2012 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 Jose Guadalupe Olivares, Claim No. 112-065, and refer to County Counsel

11.   Reject claim of Steven Cross, Claim No. 112-066, and refer to County Counsel

12.   Reject claim of K & S Properties, Claim No. 112-064, and refer to County Counsel

13.   Adopt ordinance adding Chapter 7.23 to the Santa Cruz County Code Establishing Minimum Standards for the Recycling of Electronic Waste (approved in concept March 20, 2012 - item 65)

14.   Adopt resolutions confirming previously established benefit assessments and setting a public hearing on Tuesday, May 22, 2012 at 9:00 a.m. or thereafter to consider proposed benefit assessment rate reports for Mosquito Abatement/Vector Control - County Service Area No. 53, as recommended by the Agricultural Commissioner

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

16.   Defer report on County role in protecting local homeowners facing foreclosure to May 15, 2012, as recommended by the County Administrative Officer and County Counsel

17.   Accept the Notice of Completion for the 1020 Emeline Server Room Air Conditioning Upgrade Project in Santa Cruz, CA; approve the final cost of $31,840 and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

18.   Accept the Notice of Completion for the Medium and Minimum Security Energy Conservation Improvement Project in Watsonville, CA; approve the final cost of $109,402 and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

19.   Adopt resolutions approving the California Department of Forestry and Fire Protection Volunteer Fire Assistance Program Agreement 7FG11160, authorizing the County Fire Chief to sign and execute the agreement, and accepting and appropriating Volunteer Fire Assistance Grant Program funds of $6,008 in to the Santa Cruz County Fire Department County Service Area No. 4 Pajaro Dunes budget, as recommended by the Director of General Services

20.   Approve plans and specifications (on file with the Clerk of the Board) for the Santa Cruz Veterans Memorial Building Hazardous Materials Abatement/Interior Demolition Project; direct General Services to advertise for bids and set the bid opening on May 3, 2012 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

21.   Adopt resolution re-authorizing the Juvenile Justice Coordinating Council through June 30, 2012, as recommended by the Chief Probation Officer

22.   Approve appointment of Rosario Navarro to the Child Care Planning Council, as a Public Agency Representative (Category 3), for a term to expire April 1, 2015, as recommended by Supervisor Caput

23.   Adopt resolution supporting the passage of Assembly Bill 1589, and take related action, as recommended by Supervisor Coonerty

24.   Adopt resolution in support of Assembly Bill 1648, and take related action, as recommended by Supervisor Coonerty

25.   Approve appointment of Colin Noyes to the Fish and Game Advisory Commission, for a term to expire April 1, 2015, as recommended by Supervisor Coonerty

26.   Approve reappointment of Jim Marshall to the First 5 Commission, for a term to expire April 1, 2013, as recommended by Supervisor Coonerty

27.   Adopt resolution supporting the passage of Assembly Bill 2332 and take related action, as recommended by Supervisors Leopold and Stone

28.   Direct the Planning Director to review the materials submitted by the Arts Commission concerning the development of a policy to require a percentage of private development costs for public art projects and provide a draft ordinance for Board consideration on August 14, 2012, as recommended by Supervisor Leopold

29.   Accept nomination of Liseth Guizar for appointment to the Domestic Violence Commission, as an at-large representative of the Latino community, for a term to expire April 1, 2015, with final appointment to be considered on April 17, 2012, as recommended by Supervisor Pirie

30.   Adopt resolution supporting the passage of Assembly Bill 1961, as recommended by Supervisor Stone

 

HEALTH AND SOCIAL SERVICES

31.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $2,500 into the Fish and Game budget; approve transfer of appropriations; approve allocations recommended by the County Fish and Game Advisory Commission in the total amount of $15,000, and authorize the Auditor-Controller to disburse funds, as recommended by the Director of Health Services

32.   Approve State revenue agreement with the California Department of Public Health in the amount of $250,000 for Supplemental Nutrition Assistance Program Education Plan services, as recommended by the Director of Health Services

33.   Authorize the Health Service Agency to submit two grant applications to support the Family Preservation Court, including applications to the Office of Juvenile Justice Delinquency Planning and the Administration for Children and Families, as recommended by the Director of Health Services

34.   Approve amendment to the agreement between the Health Services Agency and the Health Improvement Partnership of Santa Cruz County in the amount of $14,300 for planning and implementation services and take related actions, as recommended by the Director of Health Services

 

LAND USE AND PUBLIC PROJECTS

35.   Approve contract with Community Tree Service in the amount of $23,900 for the abatement of a dangerous structure located at 406 Murray Avenue in Aptos, CA, as recommended by the Planning Director

36.   Approve budget realignment to maximize grant funds for the Monterey Bay Unified Air Pollution Control District AB2766 Motor Vehicle Emission Reduction Program Grant, as recommended by the Directors of Planning and General Services

37.   Accept low bid from Conley General Engineering, Inc., in the amount of $138,000 for the 2012 Culvert Replacement Project; authorize award of contract and take related action, as recommended by the Director of Public Works

38.   Accept low bid from Conley General Engineering, Inc., in the amount of $180,624.40 for the Hames Road Storm Damage Repair Project; authorize award of contract and take related action, as recommended by the Director of Public Works

39.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $22,798 and authorize the purchase of 10 handheld and 26 mobile radios, as recommended by the Director of Public Works

40.   Adopt resolution in support of the "Felton Remembers Parade" on May 26, 2012, and take related action, as recommended by the Director of Public Works

41.   Adopt resolution for right of way acquisitions for the Schulties Road Storm Damage Repair Project and take related action, as recommended by the Director of Public Works

42.   Adopt resolution authorizing the expenditure of up to $5,000 total compensation to secure property rights for the Calabasas Road Improvements Project and take related action, as recommended by the Director of Public Works

43.   Approve plans and specifications (on file with the Clerk of the Board) and engineer's estimate for the 2012 Pavement Management Project and authorize calling for bids; set the bid opening on May 9, 2012 at 2:15 p.m. in the Public Works Conference Room; direct staff to return on or before May 22, 2012 with a recommendation for award of contract and take related action, as recommended by the Director of Public Works

44.   Approve plans and specifications (on file with the Clerk of the Board) and engineer's estimate for the Upper Porter Street/Soquel San Jose Road Improvements and authorize calling for bids; set the bid opening on May 3, 2012 at 2:15 p.m. in the Public Works Conference Room; direct staff to return on or before May 22, 2012 with a recommendation for award of contract and take related action, as recommended by the Director of Public Works

45.   Approve Request for Statement of Qualifications and Request for Solid Waste Engineering and Consulting Services and take related action, as recommended by the Director of Public Works

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

47.   Authorize the installation of one 70-watt residential street light on Webster Street in the Live Oak area, as recommended by the Director of Public Works

48.   Defer status report on the Transportation Improvement Area fees until May 8, 2012, as recommended by the Director of Public Works

 

ADDENDA

48.1   Adopt resolution supporting the passage of Senate Bill 1538, and take related action, as recommended by Supervisors Stone and Coonerty

48.2   Direct the Health Services Agency to return on April 17, 2012 with a further update on the Behavioral Health Unit project, as recommended by the Director of Health Services

 

EXECUTIVE SESSION

49.   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 - ANTICIPATED LITIGATION

Initiation of litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION

Significant exposure to litigation to be considered pursuant to subdivision (b)(1) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

City of Scotts Valley v. County of Santa Cruz, et al., San Mateo Superior Court No. CIV467230 Court of Appeal, First Appellate District, Division One, No. A126357

Lambert v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV171919

Wycoff v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV173184

Lichen Oaks Ranch LLC v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV173247

Claim of Shannon McFarland (Claim No. 112-031) (expected filing)

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*****

50.   Presentation by David Swanger, Santa Cruz County Poet Laureate
a. Letter of Supervisor Coonerty, dated March 21, 2012


51.   Consider report on Secure Communities
a. Letter of the Sheriff-Coroner, dated March 16, 2012


52.   Public Hearing to consider approval in concept of ordinance amending Chapter 17.10 of the Santa Cruz County Code to provide for modification of the method used to meet the affordable housing obligation and to authorize the Planning Director to allow the Existing Unit Conversion Program to provide units to be built outside of the Planning Area
a. Letter of the Planning Director, dated March 23, 2012
b. Proposed ordinance (clean and strike-through versions)
c. Proposed Ordinance (clean copy)

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).

53.   Consider approval in concept of ordinance amending Santa Cruz County Code Chapter 5.46, Environmentally Acceptable Packaging, and related actions
a. Letter of the Director of Public Works, dated March 7, 2012
b. Proposed ordinance (clean and strike-through versions)
c. CEQA Notice of Exemption


54.   Continued public hearing to consider the 2011 General Plan Annual Report (continued from March 20, 2012 - item 64)
a. Letter of the Planning Director, dated March 22, 2012
b. Materials from the March 20, 2012 Board of Supervisors meeting


55.   Public Hearing to consider ordinance incorporating two Coastal Commission suggested modifications to amendments to the County's Fence Regulations in Santa Cruz County Code Chapters 13.10 and 13.20 regarding public view shed protection and the definition of hedge. Chapters 13.10 and 13.20 are coastal implementing ordinances
a. Minute Order of April 10, 2012, Item No. 055


56.   Public Hearing to consider Application No. 101087 (Vieira Enterprises, Inc.), consisting of a Coastal Development Permit, amendments to existing development permits and adoption of an ordinance amending Santa Cruz County Code Chapter 13.10 to rezone a 58-space mobile home park (Assessor's Parcel Numbers 028-091-05 and 028-091-22 from RM4-MH to RM3-MH for consistency with the existing density. The project includes demolition of an accessory structure and addition of a new mobile home space, recognition of the conversion of the manager's dwelling to a rental unit within the mobile home park, and repair and stabilization of an access road within the park, located at 2565 Portola Drive in the Live Oak Planning Area
a. Letter of the Planning Director, dated March 21, 2012
b. Proposed resolution
c. Proposed ordinance
d. Site Plans and Elevations
e. Planning Commission Resolution
f. Planning Commission Staff Report
g. Planning Commission Minutes
h. Correspondence


57.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, conduct a public hearing to consider adoption of resolutions authorizing issuance of 2012 Lease Revenue Bonds for Refinancing 2002 Lease Revenue Bonds relating to Santa Cruz Regional 9-1-1; approve the Preliminary Official Statement and related actions
a. Letter of the County Administrative Officer, dated April 3, 2012
b. Proposed resolutions, with attachments
c. Official Statement (on file with the Clerk of the Board)

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).

58.   Consider adoption of resolution of intention to amend contract between the County and the Public Employees' Retirement Systems (CalPERS) and approval in concept of an ordinance authorizing amendment to the contract between the County and CalPERS to provide second tier retirements for the Local Sheriff and County Peace Officer Groups and related actions
a. Letter of the Director of Personnel, with attachments, dated March 20, 2012
b. Proposed resolution
c. 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.