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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
October 8, 2002

1. Roll Call
   Moment of Silence and Pledge of Allegiance

2. Consideration of Late Additions to the Agenda

3. Additions and Deletions to the Consent Agenda; and Action on the Consent Agenda

4. 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.

5. Additions and Deletions to Regular Agenda

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.

******CONSENT AGENDA******

GENERAL GOVERNMENT

6.	Approve claims as submitted by the Auditor-Controller
7.	Approve minutes of September 24, 2002, as recommended by the Clerk of the Board
8.	Accept and file notification of continuing contracts received during the period of September 26, 2002 through October 2, 2002 and approved upon adoption of the 2002/2003 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 Evangelina Garcia, No. 203-023, and refer to County Counsel
11.	Reject the claim of John Talbot, No. 203-026, and refer to County Counsel
12.	Approve various budgetary transfers and realignment of appropriations for fiscal year 2001/2002; adopt resolution accepting and appropriating $1,645.474 in unanticipated revenue into the Health Services Agency budget; adopt resolution accepting and appropriating $4,114,210 in unanticipated revenue into the Custodial Funds budget; and adopt resolution accepting and appropriating $4,114,210 into the Custodial Funds budget, as recommended by the Auditor-Controller
13.	Adopt resolution extending the date of approval of the Final Budget of the County of Santa Cruz and Special Districts for which the Board of Supervisors is the governing board for the fiscal year 2002-2003 to October 22, 2002, as recommended the Auditor-Controller
14.	Approve the County's response to the 2001/2002 Grand Jury Final Report and take related action, as recommended by the County Administrative Officer
15.	Approve contract amendment with Salas O'Brien extending the contract's ending date to 90 days after completion of project construction, as recommended by the Director of General Services
16.	Approve plans and specifications (on file with the Clerk) for the Mesa Village Sheriff's Office Service Center; direct the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on November 5, 2002, as recommended by the Director of General Services
17.	Authorize the General Services Department to enter into an agreement with Norment Security Group for the acquisition and installation of an intercom system and the upgrade of electronic control panels at the Jail, at a cost not-to-exceed $123,562.25 and adopt resolution accepting and appropriating $21,407.25 in unbudgeted SLESF Trust funds, as recommended by the Director of General Services
18.	Item deleted
19.	Adopt resolution to amend the classification plan and salary resolution to establish classifications, as recommended by the Personnel Director
20.	Adopt resolution determining Disability Retirement status of Safety employee, as recommended by the Personnel Director
21.	Accept nomination of Michael Bradshaw for appointment to the Long Term Care Interagency Commission, as an at-large representative of local independent living centers, for a term to expire April 1, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Almquist
21.1	Endorse efforts of the Links Group in its application for an AmeriCorps grant to provide family support and child abuse prevention services in Santa Cruz County, as recommended by Supervisor Almquist
22.	Accept nomination of James G. McKenna for reappointment to the Santa Cruz County Resource Conservation District Board of Directors for a term to expire November 24, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Pirie
22.1	Accept nomination of Roberta K. Smith for reappointment to the Santa Cruz County Resource Conservation District Board of Directors for a term to expire November 24, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Wormhoudt
23.	Accept notification of at-large vacancy on the Housing Authority Board of Commissioners, for a tenant member, with nominations for appointment to be received on October 22, 2002, and final appointment to be made November 4, 2002, as recommended by Chairperson Beautz

HEALTH AND SOCIAL SERVICES

24.	Accept and file report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director
25.	Approve amendments to revenue agreements with Santa Cruz Community Counseling Center, Janus of Santa Cruz and Triad Community Services for drinking driver program services and fees; and schedule a public hearing on October 22, 2002, on the morning agenda, at 9:00 a.m. or thereafter to consider revisions to the Unified Fee Schedule regarding drinking driver program tracking and transfer fees, as recommended by the Health Services Agency Director
26.	Authorize submission of the Local Public Health Preparedness and Response to Bioterrorism Application for Funding, Plan and Budget to the California DHS; adopt resolution accepting and appropriating unanticipated revenue in the amount of $403,214; and take related actions, as recommended by the Health Services Director
27.	Accept and file report on maintaining critical child welfare services; approve the addition of 5.0 FTE Social Worker I's, 1.0 FTE Social Work Supervisor II, and 1.0 FTE Senior Mental Health Client Specialist to the Health Services Agency budget and direct the Personnel Department to expedite the classification of these positions effective no later than October 26, 2002; approve resolution accepting and appropriating State funds to finance program costs; and direct the Health Services Agency and Human Resources Agency Directors to take related actions, as recommended by the Health Services Agency and Human Resources Agency Directors
28.	Accept and file final Community Programs Facility Study; direct the Human Resources Agency to return with further recommendations consistent with the final Community Programs Facility Study on November 5, 2002, as recommended by the Human Resources Agency Director
29.	Approve Santa Cruz County Cash Access Plan for the Electronic Benefit Transfer (EBT) system; direct the Human Resources Agency Director to recommend acceptance of the Cash Access Plan to the Health and Human Services Data Center and the California Department of Social Services; accept and file the report on the status of the implementation of EBT in Santa Cruz County; and direct the Human Resources Agency Director to return on or before departmental budget hearings in June 2003 to report on EBT implementation, as recommended by the Human Resources Agency Director

LAND USE AND PUBLIC PROJECTS

30.	Defer report on illegal second units and program for legalization to November 26, 2002, as recommended by the Planning Director
31.	Adopt resolution for right-of-way acquisition for Lake and Fifth Avenues Improvement project and approve payment of claim, as recommended by the Director of Public Works
32.	Approve Independent Contractor Agreement with the Pajaro Valley Unified School District for construction of an all weather track using recycled waste tires for a not-to-exceed amount of $7,000 and authorize the Director of Public Works to sign the contract, as recommended by the Director of Public Works
32.1	Approve resolution accepting the transfer of ownership of Assessor's Parcel Number 030-341-01, 08 and 09 (Anna Jean Cummings Park site) from the Redevelopment Agency to the County of Santa Cruz, as recommended by the Redevelopment Agency Administrator
33.	Accept and file report on Harkins Slough Road Bridge project; approve amendment to agreement with Mark Thomas and Company, Incorporated increasing the contract by $65,398.21 for a not-to-exceed total of $527,177.49 for additional environmental review work related to Lee Road and utility service relocation for the project; authorize the Director of Public Works to sign the agreement on behalf of the County; approve amended revenue agreement with Pajaro Valley Unified School District in the increased amount of $79,091.99; authorize the Director of Planning to sign the agreement on behalf of the County; and direct Public Works to return to the Board on or before December 10, 2002 with a report on the status of the project, as recommended by the Directors of Planning and Public Works

REDEVELOPMENT AGENCY

33.1	AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing of property acquisitions for the Lake and Fifth Avenue Improvement project, as recommended by the Redevelopment Agency Administrator
33.2	AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, accept the Anna Jean Cummings Park project as complete; approve final cost in the amount of $3,505,502.47; adopt resolution authorizing the transfer of Assessor's Parcel Number 030-341-01, 08 and 09 to the County of Santa Cruz; and take related actions, as recommended by the Redevelopment Agency Administrator

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

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

34.

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.: Gabriel Neubauer v. County of Santa Cruz, WCAB 91471, Rehab Appeal 02-K-10082 Case Name/No.: Alan Johnson v. County of Santa Cruz, U.S. District Court Case No. C 02 0441 JW Case Name/No.: Arreola, et al v. Monterey County, et al., Monterey Superior Court No. 105611; Monterey County Water Resources Agency v. County of Santa Cruz, et al., San Benito County Superior Court, Case No. 228382 Case Name/No.: Charter Communications, et al. v. County of Santa Cruz N.D. Federal Court Case No. C-99-1874 EAL Case Name/No.: Johnson v. McKinny, County of Santa Cruz Superior Court Case No. CV 141619 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 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Position title/description: County Counsel 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

34.1	AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, schedule a public hearing on November 19, 2002, on the morning agenda, at 9:00 a.m. or thereafter to review progress on the Live Oak - Soquel Redevelopment Plan and the Five Year Implementation Plan, as recommended by the Redevelopment Agency Administrator
34.2	Item deleted
34.3	Accept and file Probation Department Progress Report to the Board of Corrections for the Crime Prevention Act of 2000 (Assembly Bill 1913) Programs, as recommended by the Chief Probation Officer
34.4	Accept nomination of Tom Lukens for appointment to the Santa Cruz County Resource Conservation District Board of Directors for a term to expire November 24, 2006, with final appointment to be made October 22, 2002, as recommended by Supervisor Pirie
34.5	Adopt resolution supporting the passage of Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, on the November, 2002 ballot, as recommended by Supervisor Almquist
34.6	Direct the Chairperson to write to the California Regional Water Quality Control Board requesting that a monitoring system be established with regard to the discharge of MTBE and TBA into Carbonera Creek, overseen by the County Environmental Health Department and operated at the cost of Shell, and in the intervening time order Shell to continue trucking the effluent, and take related action, as recommended by Supervisor Almquist

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

35.	Presentation honoring California Children's Services for meeting the needs of children with special physical health care needs for 75 years a. Proclamation
36.	Public hearing to consider ordinance amending Chapter 7.92 of the Santa Cruz County Code relating to the Fire Code a. Letter of the Emergency Services Administrator of September 25, 2002 b. Attachment 1 - Draft Ordinance (with highlighted changes) c. Attachment 2 - Proposed Ordinance Regarding public hearing items: If any person challenges an action taken on the foregoing matter(s) in court, they may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the Board of Supervisors at or prior to the public hearing. The time limit for seeking judicial review of any decision approving or denying an application for a permit, license or other entitlement, or revoking a permit, license or other entitlement is governed by Code of Civil Procedure Section 1094.6 and is no later than the 90th day following the date on which the decision is made (unless a shorter time limit is specified for the type of action by State or Federal law, in which case the shorter time limit shall apply).
37.	Consider proposed amendment to Santa Cruz County Code Section 19.01.070 relating to Code Compliance Appeals a. Letter of the Planning Director of September 24, 2002 b. Minute Order of March 12, 2002 c. County Code Section 19.01.070 d. County Code Section 19.01.070 as amended
38.	Consider ordinance amending Chapter 9.08 of the Santa Cruz County Code relating to speed limits a. Letter of the Director of Public Works of September 26, 2002 b. Old Ordinance c. New Ordinance d. Traffic and Engineering Report (on file with the Clerk)
39.	Consider ordinance amending Chapter 9 of the Santa Cruz County Code relating to stop intersections a. Letter of the Director of Public Works of September 26, 2002 b. Ordinance (strikeout version) c. Proposed Ordinance d. Location maps
40.	Consider appointment of Karen O'Brien to the Workforce Investment Board, as an at-large representative of business, in accordance with County Code Chapter 2.110, Section 20, for a term to expire June 30, 2006 a. Letter of Supervisor Almquist of September 19, 2002 b. Application of Karen O'Brien dated August 20, 2002 c. Statement of Qualifications of Karen O'Brien dated August 20, 2002
41.	Consider report of County Counsel regarding Cal-American Water Works acquisition a. Letter of County Counsel b. Various Correspondences

ADDENDA

41.1	Consider recommendations regarding continuation of access to Ben Lomond Dam for community recreation purposes a. Letter of Supervisor Almquist of October 4, 2002
42.	1:30 P.M. SCHEDULED ITEM Public hearing to consider the Planning Commission's recommendation on County -initiated General Plan land use designation change and Zoning Ordinance amendment for three properties in the Aptos Planning Area a. Letter of the Planning Director of September 20, 2002 b. Resolution c. Ordinance d. Initial Study and Negative Declaration e. Map of Aptos Area f. Map of Assessor's Parcel No. 039-111-76 g. Map of Assessor's Parcel No. 041-221-35 h. Map of Assessor's Parcel No. 041-233-22 i. Planning Commission Resolution j. Planning Commission Staff Report k. Planning Commission Minutes
43.	1:30 P.M. SCHEDULED ITEM Public hearing for special consideration of a proposal to increase production capacity at the RMC Pacific Materials Davenport Cement Plan from 875,000 tons annually to 980,000 tons annually. Requires a Commercial Development Permit and a Coastal Permit to amend 88-0188. Application No. 02-0159; Assessor's Parcel No. 058-071-04; Owner RMC Pacific Materials; Applicant: Jack Ritchey a. Letter of the Planning Director b. Zoning Administrator Staff Report from August 16, 2002 c. Comments and Correspondence d. Various Correspondences 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.