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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
October 21, 2003

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

7:00

  • Recess
  • Zone 7 Meeting-Watsonville

  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 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

7.   Approve minutes of October 7, 2003, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of October 2, 2003 through October 15, 2003 and approved upon adoption of the 2003/2004 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 Clive Frank Boustred, No. 304-029A, and refer to County Counsel

11.   Reject the claim of Richard Clive Boustred, No. 304-029B, and refer to County Counsel

12.   Reject the claim of William Frank Boustred, No. 304-029C, and refer to County Counsel

13.   Reject the claim of InfoTelesys, Incorporated, Nevis, No. 304-029D, and refer to County Counsel

14.   Reject the claim of Kompomash, No. 304-029E, and refer to County Counsel

15.   Reject the claim of Mega Micro Technology International (MMTI), No. 304-029F, and refer to County Counsel

16.   Reject the claim of InfoTelesys, Incorporated, Nevada, No. 304-029G, and refer to County Counsel

17.   Reject the claim of Get IT Real, Incorporated, Nevada, No. 304-029H, and refer to County Counsel

18.   Reject the claim of Christ's Gold, Corporation Nevis, No. 304-029I, and refer to County Counsel

19.   Reject the claim of Live, Incorporated Nevis, No. 304-029J, and refer to County Counsel

20.   Reject the claim of InfoTelesys, Incorporated Japan, No. 304-029K, and refer to County Counsel

21.   Reject the claim of David Rathjen Sr., David Rathjen Jr., Steven Rathjen, No. 304-030, and refer to County Counsel

22.   Reject the claim of Robert A. Glass, No. 304-031, and refer to County Counsel

23.   Adopt Ordinance Repealing Chapter 5.60 of the Santa Cruz County Code Relating to the Regulation of Disclosures of Confidential Consumer Information (approved "in concept" on October 7, 2003, Item No. 59)

24.   Schedule a public hearing on Tuesday, November 18, 2003, on the morning agenda at 9:00 a.m. or thereafter to consider adoption of ordinance adding Chapter 5.41 to the Santa Cruz County Code relating to point-of-sale station registration; set annual registration fees for point-of-sale systems; and direct the Clerk of the Board to take related action, as recommended by the Agricultural Commissioner

25.   Accept and file Audit Report on the Mentally Ill Offender Crime Reduction Grant for the fiscal years ended June 30, 2000 through 2003, as recommended by the Auditor-Controller

26.   Adopt resolution extending the date for filing statements of the rates of taxation and the assessed valuation with the State Controller from November 1st to December 1st of each year, as provided by Government Code Section 29109, as recommended by the Auditor-Controller

27.   Approve agreement in the amount of $8,316 between Lexis-Nexis and the County of Santa Cruz for Internet access to legal research libraries and services, as recommended by County Counsel

28.   Approve fiscal year 2003/2004 Santa Cruz Auto Theft Reduction Task Force (SCARE) Program; approve agreements with City of Santa Cruz and City of Watsonville; and take related actions, as recommended by the District Attorney

29.   Adopt resolutions accepting and appropriating $632,373 in 2003 Domestic Preparedness grant funds in the Anti-Terrorism Approval Authority budget and $7,000 in the Emergency Services budget and take related actions, as recommended by the Emergency Services Administrator

29.1   Authorize the Emergency Services Administrator to execute a grant agreement with the California Department of Forestry and Fire Protection in the amount of $88,901 to fund the first phase of the Fuel Management Habitat Conservation project, as recommended by the Emergency Services Administrator

30.   Award contract to Kase Pacific Construction Company in the amount of $36,480 for the Water Street Sidewalk Repair and Courthouse Rear Landing Replacement project; authorize the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; authorize the General Services Director to approve change orders and encumber $3,648 in addition to the contract amount to cover change order expenditures; and take related actions, as recommended by the Director of General Services

31.   Accept the Exterior Portland Cement Plaster Component of the Building Envelope Repairs project at the Health and Human Services Building as complete; approve final cost in the amount of $148,826; and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

32.   Accept the Sheriff Reception Counter and Office Remodeling project as complete; approve final cost in the amount of $133,448; and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

33.   Approve plans and specifications (on file with the Clerk) for the Rountree Water Systems Improvements project; direct the General Services Department to advertise for bids; and set the bid opening on November 18, 2003 at 10:45 a.m., as recommended by the Director of General Services

33.1   Accept funds in the amount of $60,000 from the California Department of Forestry; authorize the Director of Information Services to enter into a Cooperative Agreement in the amount of $152,956.24 between the Association of Bay Area Governments (AMBAG) and the County of Santa Cruz for the Regional Ortho-photography Project; adopt resolution accepting and appropriating unanticipated revenue in the amount of $152,956.24; and take related actions, as recommended by the Information Services Director

34.   Authorize the Santa Cruz County Probation Department to apply to the Robert Wood Johnson Foundation for funding for treatment improvement activities under the Reclaiming Futures initiative; direct the Chief Probation Officer to report back to the Board upon successful award of funding for approval to accept funds; and take related actions, as recommended by the Chief Probation Officer

35.   Accept and file status report regarding foster care expenditures, as recommended by the Chief Probation Officer and the Health Services Agency and Human Resources Agency Directors

36.   Accept and file status report on Juvenile Detention, Court Commitments and Detention Alternatives, and direct the Chief Probation Officer to provide a status report at the first Board meeting in February 2004, as recommended by the Chief Probation Officer

37.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $134,686 from the Annie E. Casey Foundation and authorize the Chief Probation Officer to execute the grant award Letter of Agreement, as recommended by the Chief Probation Officer

38.   Accept Treasurer's monthly Cash and Transaction Reports for the period ending September 30, 2003 and take related action, as recommended by the Treasurer-Tax Collector

39.   Approve appointment of Gretchen Dokey to the Women's Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

40.   Approve appointment of William Ruskin to the Fire Department Advisory Commission, as the representative of CDF/County Fire, as recommended by Chairperson Pirie

41.   Approve Highway 1 Construction Authority Joint Exercise of Powers Agreement, which authorizes the County of Santa Cruz to participate in a Highway 1 Construction Authority, and authorize the Chairperson to execute the agreement on behalf of the County, as recommended by Chairperson Pirie

42.   Reappoint Supervisor Beautz as the Board's representative to the California State Association of Counties Board of Directors, and reappoint Supervisor Campos as the alternate, for one year term of office commencing on the first day of the CSAC Annual Conference in November, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

43.   Accept and file report on the need to continued the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

44.   Adopt resolution accepting and appropriating unanticipated revenue for the Public Health Communicable Disease Program in the amount of $14,200; approve Acceptance of Award with the California Department of Health Services, Tuberculosis Control Branch in the amount of $14,200; authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

45.   Accept and file report on Clinic and MediCruz operations; direct the Health Services Agency to return by the last meeting in April 2004 with a further progress report on recommendations; and direct the Health Services Agency to provide recommendations on night and after hours access to clinics on November 25, 2004, as recommended by the Health Services Agency Director

46.   Authorize submission of grant application to the California Healthcare Foundation "Local Coverage Expansion Initiative" to support efforts to establish universal healthcare coverage for children in Santa Cruz County, as recommended by the Health Services Agency and Human Resources Agency Directors

 

LAND USE AND PUBLIC PROJECTS

47.   Schedule a public hearing on Tuesday, November 18, 2003 on the morning agenda, at 9:00 a.m. or thereafter to consider the proposal to rezone Assessor's Parcel Numbers 089-121-82 and 83 from the Special Use (SU) and Public Facilities (PF) zone districts to the Timber Production (TP) zone district; requires Rezoning; the property is located on the southeast side of Bear Creek Road just north of Hopkins Gulch on the east side of Bear Creek Estates #4, Boulder Creek, as recommended by the Planning Director

48.   Schedule a public hearing on Tuesday, November 18, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the proposal to rezone Assessor's Parcel Number 107-081-12 from the Special Use (SU) zone district to the Timber Production (TP) zone district; requires a rezoning; property is located on the south side of Rider Road about 0.7 miles west from Eureka Canyon Road at 333 Rider Road, Corralitos, as recommended by the Planning Director

49.   Accept and file report on General Plan and ordinance amendments related to the park site acquisition process, as recommended by the Planning Director

50.   Accept and file report on Request for Proposals (RFP) for consultant services for survey and evaluation of historic significance of certain properties in the Live Oak Planning area, as recommended by the Planning Director

51.   Approve independent contractor agreement with Monica Burke Consulting for a not-to-exceed amount of $25,650 for project development and grant writing services for the San Lorenzo Valley conjunctive use project feasibility study and pilot project, and authorize the District Engineer to sign the agreement on behalf of the County, as recommended by the District Engineer

52.   Accept and file status report on the continuation of agricultural land uses on the Coast Dairies Ranch and direct the Planning Department to return with a status report on or before May 25, 2004, as recommended by the Director of Public Works and the Planning Director

53.   Approve use of $8,500 in the 2001 Series B Lease Revenue Bonds savings for the additional cost of equipment, as recommended by the Director of Public Works

54.   Approve plan line for Gross Road from Coffee Lane to Capitola city limits and direct Public Works staff to include the plan line for this portion of Gross Road in the Master Plan Line file, as recommended by the Director of Public Works

55.   Approve contract change order in the amount of $60,075 for the 2002/2003 Pavement Management Digout Project Phase II; authorize the Chairperson of the Board to sign the change order on behalf of the County; and take related actions, as recommended by the Director of Public Works

56.   Approve independent contractor agreement with the Volunteer Centers of Santa Cruz County to provide graffiti abatement services in the not-to-exceed amount of $78,000, and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

57.   Approve road closures and parade for the Soquel High School Homecoming Parade scheduled for October 25, 2003, and direct the Public Works Department to issue the parade permit, as recommended by the Director of Public Works

 

REDEVELOPMENT AGENCY

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, authorize reimbursement of loan interest expenses to South County Housing as part of the assistance to the Pajaro Lane Affordable Housing project, as recommended by the Redevelopment Agency Administrator

59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, authorize the expenditure of $43,960 for participation in Association of Bay Area Government's (AMBAG) air photo project, as recommended by the Redevelopment Agency Administrator

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

60.   SCHEDULE A CLOSED PERSONNEL AND LITIGATION SESSION AT THE CONCLUSION OF THE BOARDS 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
Case Name/No.: Arreola, et al v. County of Monterey, et al. Monterey County Superior Court Case No. 105611

Case Name/No.: Monterey County Water Resources Agency v. County of Santa Cruz, et al. San Benito County Superior Court Case No. 228382

Claim Name/No: Progressive as subrogee of Etienne Thomas Claim No. 203-024

Claim Name/No: Lucyanne Kostreba Claim Nos. 1109122, 5200596

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property street address (APN if no street address):
APN 40-181-06, 07 and 09
Negotiating parties (not agents): Scott Loichinger, Public Works, and Steve Carmichael

Addenda:
ADDITIONAL ITEM TO CLOSED PERSONNEL AND LITIGATION SESSION:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation to be considered pursuant to subdivision (b) of Government Code Section 54956.9 for one potential case

REPORT OF COUNTY COUNSEL - will be given at the conclusion of the closed session on any reportable action(s) taken in the closed session.

 

ADDENDA

60.1   Authorize the Chairperson to send a letter to Assembly Member John Laird asking him to introduce legislation to allow the County to recoup our defense fees when we are successful in defending our Mobile Home Rent Control Ordinance, as recommended by Supervisor Beautz

*****REGULAR AGENDA*****

61.   Consider selection of Vice-Chairperson
a. Letter of Supervisor Pirie of October 14, 2003
62.   Consider proposed ordinance amending Santa Cruz County Code Sections 10.04.165 and 10.04.300, and adding Section 10.04.305 relating to prohibited activities in park facilities and park facility closures
a. Letter of the Director of Parks, Open Space and Cultural Services of September 29, 2003
b. Ordinance (strike-out/underline version)
c. Ordinance (clean copy)
63.   Continued public hearing to consider the Coastal Commission's modifications to the Wireless Communication Facilities Ordinance (WCF)
a. Letter of the Planning Director of October 6, 2003
b. Coastal Commission August 6, 2003 Staff Report
c. Coastal Commission Staff Report Addendum
d. Minute Order of October 21, 2003 Item No. 63
64.   Public hearing to consider ordinance amending Chapter 9.42 of the County Code related to Soquel Parking and Business Improvement Area
a. Letter of the Redevelopment Agency Administrator of October 7, 2003
b. Attachment 1 - Ordinance
c. Attachment 2 - Title 9 of the Santa Cruz County Code
d. Minute Order of October 21, 2003 Item No. 64

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).

65.   Consider proposed ordinance amending Chapter 4.50 of the Santa Cruz County Code by deleting section 4.50.020 to conform to the monetary limit for the cancellation of taxes and/or supplemental and escape assessments and consider related actions
a. Letter of the County Assessor of October 8, 2003
b. Ordinance (strike-out)
c. Ordinance (clean copy)
66.   Consider reappointment of Ann L. Butler to the Assessment Appeals Board, as an at-large representative, in accordance with County Code Section 2.98.030, for a term to expire September 1, 2006
a. Letter of the Supervisor Pirie of September 18, 2003
b. Application
67.   10:45 A.M. SCHEDULED ITEM

Bid opening for the Parking Lot Paving - 265 Water Street Project

a. Letter of the Director of General Services of September 23, 2003
b. Bidders List Item No. 67
68.   1:30 P.M. SCHEDULED ITEM

Consider public art component for the Polo Grounds County Park

a. Presentation by Susanna Arias
b. Letter of the Director of Parks, Open Space and Cultural Services of September 25, 2003
c. Exhibit 1 - Call to Artists
d. Exhibit 2 - Register Pajaronian Article
e. Exhibit 3 - Contract
f. Exhibit 4 - Photo of Art (on file with the Clerk)
g. Attachment A: Scope of Work
h. Attachment B: Payment of Schedule
69.   1:30 P.M. SCHEDULED ITEM

Continued public hearing to consider a proposal to:1) Create a subdivision for nine single-family lots and a remainder parcel to be dedicated for a biotic conservation easement; 2) Change the existing zoning of "SU" (Special Use) to "R-1-6" (Single-family Residential, minimum lot size 6,000 square feet) zone district for the area to be subdivided into residential lots and to the "PR" (Parks, Recreation and Open Space) zone district for the conservation easement parcel; and 3) Change the General Plan land use designation of "Urban Low Density Residential" to "Resource Conservation" on the conservation easement parcel, for property located at the northern terminus of Benson Avenue about 2,100 feet northeast from Thurber Lane in the Santa Cruz Gardens area of Live Oak

a. Letter of the Planning Director of August 7, 2003
b. General Plan Amendment Resolution
c. Rezoning Ordinance
d. Findings
e. Subdivision Permit Conditions
f. Environmental Impact Report and Initial Study (on file with the Clerk)
g. Mitigation Monitoring and Reporting Program
h. Project Plans (on file with the Clerk)
i. Planning Commission Minutes of January 29, 2003
j. Planning Commission Minutes of March 26, 2003
k. Planning Commission Staff Report of January 29, 2003
l. Planning Commission Staff Report of March 26, 2003
m. Memo from Robert DeWitt of July 17, 2003
n. Letter to Jim and Cathy Bagdasarian of May 7, 2003
o. Letter to Jerry and Marilee Rosenthal of May 7, 2003
p. Various Correspondences
70.   1:30 P.M. SCHEDULED ITEM

Public Hearing on the Draft Housing Element

a. Letter of the Planning Director of October 8, 2003
b. Letter of the Santa Cruz County Child Care Planning Council dated September 12, 2003
c. Letter of the Latino Affairs Commission dated October 2, 2003

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).

70.1   REQUEST TO ADD LATE ITEM TO THE CONSENT AGENDA, and that the Board of Supervisors determine by a two-thirds vote of its membership that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted and add late item as follows:
It is recommended that the Board of Supervisors continue the October 28, 2003 meeting to November 4, 2003, due to a scheduling conflict
a. Letter of Request to Add Late Item to the Agenda dated October 21, 2003
b. Letter of the County Administrative Officer of October 21, 2003
71.   7:00 P.M. SCHEDULED ITEM

The Board of Supervisors will 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 regularly scheduled meeting (agendas are located on the table at the front of Watsonville City Council Chambers 215 Union, Watsonville)

a. Zone 7 Agenda of October 21, 2003
b. Memo of Chairman Campos of August 22, 2003
c. Action Summary Minutes of June 17, 2003
d. Letter of the District Engineer of October 14, 2003
e. Amendment to Agreement
f. ADM29 Contract No. 32892
g. Certificate of Liability Insurance
h. Certificate of Workers' Compensation Insurance
i. Letter of the District Engineer of October 6, 2003
j. Letter of the District Engineer of October 15, 2003
k. Letter of the Director of Public Works of October 15, 2003
l. Letter of the District Engineer of October 15, 2003
m. Attachment 1: Letter of the Director of Public Works dated September 18, 2003
n. City of Watsonville Resolution No. 148-03
o. Attachment 2: Zone 7 Fees & Scope of Possibilities for DWR Estimated Fees
p. Attachment 3: Letter of the Director of Public Works of October 2, 2003
q. Attachment 4: Letter of the County Counsel of October 1, 2003
        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.