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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2008, NUMBER 32
Tuesday, December 9, 2008

 

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, Co = Coonerty, Ca = Campos, S = Stone; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.   All Supervisors present
2.   Moment of Silence and Pledge of Allegiance
3.   ADDED TO THE CONSENT AGENDA: Item No. 46.1
4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 18, 2008, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 20, 2008 through December 3, 2008 and approved upon adoption of the 2008-2009 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.   APPROVED the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waived a detailed reading of said ordinances, as recommended by County Counsel

10.   APPROVED Proposition 172 Maintenance of Effort (MOE) calculation for 2008-2009 to certify that the County exceeds the Proposition 172 MOE by $32.2 million; and directed the County Administrative Officer to execute and forward the 2008-2009 certification to the Auditor-Controller, as recommended by the County Administrative Officer

11.   APPROVED change order to the contract with Ralph Larsen & Son, Inc. in the amount of $89,565 for various changes to duct work and connections to the main sewer and natural gas lines at the animal services facility; and authorized the County Administrative Officer to execute the change order, as recommended by the County Administrative Officer

12.   APPROVED semi annual revisions to the Policy and Procedure Manual, as recommended by the County Administrative Officer

13.   APPROVED Transfer of Responsibility Agreements and Joint Occupancy Agreements for the County Administration Building and the Main County Courthouse, including the Jury Assembly Modular; and adopted RESOLUTION NO. 294-2008 accepting and appropriating unanticipated revenue from the State in the amount of $33,131 for the County Administration Building (CFP) and in the amount of $70,063 for the Main County Courthouse, as recommended by the County Administrative Officer

14.   ACCEPTED the Statement of Vote for the November 4, 2008 Presidential General Election, as recommended by the County Clerk

15.   DECLARED certain used County Vehicles to be surplus and directed the Acting Director of General Services to arrange for their disposition, as recommended by the Acting Director of General Services

16.   APPROVED Memorandum of Understanding (MOU) for the Correctional Officer Unit; adopted RESOLUTION NO. 295-2008 Fixing the Employer's Contribution Under the Public Employee's Medical and Hospital Care Act for participation by members of the Correctional Officers Representation Unit; and adopted RESOLUTION NO. 296-2008 Amending Salary Resolution No. 279-75 Implementing Provisions of the Agreement, as recommended by the Personnel Director

17.   AUTHORIZED the Chief Probation Officer to submit an extension grant proposal to the California Endowment Healthy Returns Initiative, as recommended by the Chief Probation Officer

18.   CONTINUED TO DECEMBER 16, 2008 consideration to adopt resolution to establish a 0.23% per annum simple interest rate on Tenant's Rental Security Deposits effective January 1, 2009

19.   APPROVED reappointment of Julia Hill to the Board of Law Library Trustees for a term to expire December 31, 2009, as recommended by Supervisor Beautz

20.   APPROVED appointment of Erika Ismerio to the Child Care Planning Council, as a discretionary appointee, for a term to expire April 1, 2009, as recommended by Supervisor Pirie

21.   APPROVED appointment of Sandra Baron to the Fish and Game Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

22.   APPROVED appointment of James M. Maxwell to the Civil Service Commission for a term to expire December 31, 2011, as recommended by Supervisor Pirie

23.   ACCEPTED nomination of Ward Alksne and Steven R. Tronick for appointment to the Hazardous Materials Appeals Commission, as at-large members representing industry and the general public, respectively, for terms to expire April 1, 2011, with final appointment to be considered on December 16, 2008, as recommended by Supervisor Coonerty

24.   APPROVED appointment of Ann B. Jenkins to the Historic Resources Commission for a term to expire April 1, 2011, as recommended by Supervisor Campos

25.   APPROVED appointment of Grace Berg to the Equal Employment Opportunity Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

26.   ACCEPTED notification of an at-large vacancy on the In-Home Supportive Services Advisory Commission, for a consumer representative, with nominations to be received on December 16, 2008, and final appointment to be considered on January 13, 2009, as recommended by Chairperson Pirie

27.   APPROVED appointment of Lt. John Wilson to the Emergency Management Council, as the representative of the City of Scotts Valley, as recommended by Chairperson Pirie

28.   APPROVED the request for transfer of budget appropriations of $22,000 within Public Health's 2008-2009 budget and approved the fixed asset purchase of a lead paint analyzer in the amount of $22,000, as recommended by the Director of Health Services

29.   AUTHORIZED payment of invoices over one year old totaling $13,380.91, as recommended by the Director of Health Services

30.   AUTHORIZED a contract amendment with RBF Consulting in the amount of $20,005 to complete the EIR for the Atkinson Lane property, as recommended by the Planning Director
S(Ca)BCoP  (Supervisor Campos abstained due to a conflict of interest)

31.   ADOPTED RESOLUTION NO. 297-2008 approving changes to the Affordable Housing Guidelines concerning the methodology used to establish income eligibility determinations, as recommended by the Planning Director

32.   ACCEPTED the improvements and approved the final cost of $255,842.92 for the Swanton Road Storm Damage Repair Project and approved related actions, as recommended by the Director of Public Works

33.   ACCEPTED the improvements and approved the final cost of $109,435 for the Eureka Canyon Road Culvert Retrofit and approved related action, as recommended by the Director of Public Works

34.   ACCEPTED AND FILED report on the Storm Water Management Program Permit Process and directed Public Works to report back on or before January 13, 2009, with the recommendations for appropriate action, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 298-2008 accepting and appropriating unanticipated revenue in the amount of $8,983.80 from the City of Capitola for their portion of the Storm Water Management Plan (SWMP); approved amendment to agreement with Eisenberg, Olivieri and Associates, Inc., for coordination of the SWMP to meet the National Pollutant Discharge Elimination System, Phase II stormwater permit by increasing compensation by $46,000 for a not-to-exceed amount of $219,500; and approved related action, as recommended by the Director of Public Works

36.   ACCEPTED the improvements and approved the final cost of $1,611,781.45 for the 2008 Pavement Management Slurry Seal Project and approved related actions, as recommended by the Director of Public Works

37.   APPROVED the independent contractor agreement with PaleoResource Consultants F & F GeoResource Associates, Inc., for paleontological resource mitigation and monitoring services for the East Cliff Drive Bluff Protection Project in the not-to-exceed amount of $55,350.38; and approved related action, as recommended by the Director of Public Works

38.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, APPROVED amendment to agreement with Gutierrez Consultants, Inc., in the amount of $30,000 for grant assistance; and authorized the District Engineer to sign the agreement on behalf of the District, as recommended by the District Engineer

38.1.   ADOPTED RESOLUTION NO. 299-2008 approving the Preliminary Engineer's Report on the proposed assessment district for the Rolling Woods Sewer Improvements; and scheduled a public hearing on January 27, 2009, at 9:00 a.m. or thereafter on the proposed assessment district and the maximum proposed assessment; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Redevelopment Agency Administrator to work with the Santa Cruz Metropolitan Transit District to identify bus stops within the Redevelopment Agency area where sheltering inserts have not been replaced, and allocate an amount not-to-exceed $20,000 total in order to purchase inserts through the Santa Cruz Metropolitan Transit District, as recommended by Supervisor Beautz

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency financing totaling $62,600 for the cost of public art for the Live Oak Resource Center Project and approved related actions, as recommended by the Redevelopment Agency Administrator

41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED agency financing of a property easement acquisition in the amount of $23,000 for the East Cliff Drive Bluff Protection Project and approved related actions, as recommended by the Redevelopment Agency Administrator

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract amendment with SSA Landscape Architects in the amount of $16,942 for additional services for the renovation of Floral Park and approved related actions, as recommended by the Redevelopment Agency Administrator

43.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED and adopted the Santa Cruz County 2009 Investment Policy, as recommended by the Redevelopment Agency Administrator

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED funding of a contract amendment with RBF Consulting for the Atkinson Lane property in the amount of $20,005, as recommended by the Planning Director
S(Ca)BCoP  (Supervisor Campos abstained due to a Conflict of Interest)

45.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, DIRECTED the Planning Director to implement program modifications to RDA housing programs concerning the method of calculating assets and income anomalies for income eligibility determinations, as recommended by the Planning Director

46.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $60,055.16 for paleontological mitigation and monitoring services by PaleoResource Consultants for the East Cliff Drive Bluff Protection Project, as recommended by the Redevelopment Agency Administrator

46.1.   SEE ITEM NO. 59.1 REGULAR AGENDA

47.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Thousand Oaks Neighbors v. County of Santa Cruz, Board of Supervisors for the County of Santa Cruz, and DOES 1 through 15, BK Properties, Powers Land Planning, and DOES 16 through 30, Real Parties in Interest, Santa Cruz County Superior Court Case Number CV 159119

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organization: Law Enforcement Representation Unit, Operating Engineers, Local 3

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address: Road Right-of-Way Abandonment at 110 Geoffrey Drive, Santa Cruz; Assessor's Parcel Number: 028-156-22; Under Negotiation: Price and terms of payment; Negotiating Parties: John Kriegsman, Real Property Agent and Karen Stuart, Purchasers

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

48.   Public hearing held to consider adoption of the McGregor Park Master Plan;

(1) opened public hearing;

(2) closed public testimony portion of the public hearing;

(3) adopted the recommended Master Plan for McGregor Park; and

(4) directed Parks staff to submit the necessary design documents to initiate the Master Plan Development Permit Process
SBCoCaP  

49.   Presentation made honoring Assembly Member John Laird

50.   CONSIDERED presentation of public art project for the Live Oak Resource Center and considered approval of contract with Marilyn Kuksht as the artist;

(1) approved the selection of Marilyn Kuksht as the public artist for the Live Oak Resource Center public art project;

(2) approved agreement with Marilyn Kuksht in the amount not-to-exceed $60,000 for public art work at the Live Oak Resource Center building;

(3) authorized the Parks Director to sign the contract and take related actions as needed to complete the public art component on behalf of the County; and

(4) ADOPTED RESOLUTION NO. 300-2008 accepting and appropriating unanticipated revenue in the amount of $7,600 from the Redevelopment Agency for the Live Oak Resource Center Public Art Program
BCaCoSP  

51.   Public hearing held to consider Application Number 07-0002 (Doron & Melanie Fishbin, trustees), to amend the Seacliff Village Plan language for Site 4-b, and to construct a 3 story, 12 room hotel, with restaurant, gymnasium, and associated improvements;

closed public hearing;

(1) certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act (CEQA);

(2) ADOPTED RESOLUTION NO. 301-2008 Amending the Seacliff Village Plan;

(3) approved Coastal Development Permit, Commercial Development Permit, and Roadway/Roadside Exception No. 07-002; and

(4) directed the Planning Department to submit the amendments of the Seacliff Village Plan to the Coastal Commission for certification as part of the final Coastal rounds of the year
BCaCoSP  

52.   Continued public hearing to consider the 2009 Growth Goal;

(1) reopened and completed the public hearing on the setting of the Year 2009 Growth Goal;

(2) ADOPTED RESOLUTION NO. 302-2008 adopting a Year 2009 Growth Rate Goal of 0.5% for the unincorporated portion of the County, with associated findings; and

(3) certified the CEQA Notice of Exemption
BCocaSP  

53.   Continued public hearing on the proposed 2008-2009 service charges for Annexation Number 02-2008, Canterbury Drive and Searidge Road, to County Service Area Number 9, Zone A, Residential Lighting;

closed public hearing;

(1) accepted the certification of the results of County Service Area No. 9A, Residential Lighting Annexation Number 02-2008, Canterbury Drive and Searidge Road election and directed the Director of Public Works to retain the ballots for at least six months following the certification;

(2) ADOPTED RESOLUTION NO. 303-2008 authorizing and levying an assessment for residential lighting service and maintenance within County Service Area Number 9A, residential lighting service and maintenance within County Service Area Number 9A, Residential Lighting Annexation Number 02-2008, Canterbury Drive and Searidge Road for the 2008/2009 fiscal year and each year following; and

(3) authorized the activation of four 70-watt, standard residential street lights for Annexation Number 02-2008
CaBCoSP  

54.   CONSIDERED proposed ordinance amending Section 2.14 of the Santa Cruz County Code Relating to Powers and Duties of the Public Works Director; and Section 2.18, Relating to the County Surveyor; and considered an associated resolution to amend Personnel Regulations;

(1) ADOPTED RESOLUTION NO. 304-2008 Amending Section 164 of the County Personnel Regulations;

(2) approved "in concept" Ordinance Amending Section 2.14.010 of the Santa Cruz County Code Regarding Powers and Duties of the Director of Public Works to return on December 16, 2008 for final adoption;

(3) approved "in concept" Ordinance Amending Section 2.18.010 of the Santa Cruz County Code Regarding Appointment of Land Surveyor to return on December 16, 2008 for final adoption; and

(4) approved "in concept" Ordinance Amending Section 2.18.020 of the Santa Cruz County Code Regarding Record of Survey Examination Fee to return on December 16, 2008 for final adoption
CoSBCaP  

55.   Public hearing held to consider amendments to the Unified Fee Schedule;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 305-2008 Revising the Unified Fee Schedule
BCoCaSP  

56.   CONSIDERED proposed eminent domain action for the East Cliff Drive Bluff Stabilization Project, 32nd to 36th Avenues and at 41st Avenue; and considered adoption of a resolution to institute eminent domain proceedings;

(1) conducted a hearing on the proposed eminent domain action for the East Cliff Drive Bluff Stabilization Project 32nd to 36th Avenues and at 41st Avenue;

(2) ADOPTED RESOLUTION NO. 306-2008 authorizing County Counsel to institute eminent domain proceedings to obtain immediate possession of the required property interests; and

(3) directed the Clerk of the Board to return a certified copy of the Resolution to Real Property
BSCoCaP  

57.   Public hearing held to consider the recommendation of the Planning Commission regarding a Rezoning, General Plan Amendment, Riparian Exception and Planned Unit Development Permit for Assessor's Parcel Number 029-021-47, located in the Live Oak planning area, 550 feet west of the Soquel Avenue/Mattison Lane intersection, to designate the parcel for higher-density residential development in accordance with the requirements of the Housing Element of the County's General Plan;

(1) closed public hearing;

(2) ADOPTED RESOLUTION NO. 307-2008 approving the General Plan Amendment as part of the final "Round" of 2008 General Plan Amendments;

(3) ADOPTED ORDINANCE NO. 5026 Rezoning Assessors Parcel Number 0219-021-47 to RM-2-5;

(4) ADOPTED ORDINANCE NO. 5027 granting a Planned Unit Development as allowed by Santa Cruz County Code relating to establishment of development standards for Assessors Parcel Number: 029-021-47; with an additional direction in Exhibit B, Planned Unit Development, Conditions of Approval, Section 3-Developable Area Requirements, subsection (c) Site Design, small Roman Numeral five (v) to delete the words "a wooden fence preferred for the southern property line. Screening features other than vegetation shall not exceed 6 feet in height" and replace with "materials and height to be established during the Level VII Design Review process taking into account noise and privacy issues";

(5) approved the Planned Unit Development Permit, Development Permit, Riparian Exception findings; and

(6) certified the Mitigated Negative Declaration under the California Environmental Quality Act
CoB(Ca)SP  Supervisor Campos abstained because of a conflict of interest

58.   Public hearing held to consider the Planning Commission's recommendations regarding Application Number 08-0005, a proposal to rezone one parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district, on property located approximately 1,000 feet southwest of the end of Rider Road; Assessor's Parcel Number: 107-061-01; Applicant: Joseph Culver; Property Owner: California Polytechnic State University Foundation;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 5028 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Number 107-061-01 from the Residential Agriculture zone district to the Timber Production zone district; and

(2) certified the California Environmental Quality Act (CEQA) Exemption
CaBCoSP  

59.   CONSIDERED Ordinance adding Chapter 7.58 and repealing Chapter 7.59 of the Santa Cruz County Code relating to Managed Medical Care Commission by Adding Merced County;

approved "in concept" ordinance revising Chapter 7.58 to the County Code establishing the Santa Cruz-Monterey-Merced Managed Medical Care Commission and repealing existing Chapter 7.59 related to the Santa Cruz-Monterey Managed Medical Care Commission to return on December 16, 2008 for final adoption
CaBCoSP  

59.1.   APPROVED appointment of Supervisor Ellen Pirie to serve on the Santa Cruz Metropolitan Transit District Board of Directors, effective January 5, 2009, for a four year term, as recommended by Supervisor Beautz
BCacosP  

999.   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.