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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
November 19, 2002

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
    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

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.   Approve claims as submitted by the Auditor-Controller

7.   Approve minutes of November 5, 2002, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of October 31, 2002 through November 13, 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.   Adopt Ordinance Amending Chapter 9 of the Santa Cruz County Code Relating to Stop Intersections (approved "in concept" November 5, 2002, Item No. 51)

11.   Adopt Ordinance Amending Chapter 9 of the Santa Cruz County Code Relating to Multi-Way Stop Intersections (approved "in concept" October 5, 2002, Item No. 52)

12.   Direct the Auditor-Controller to issue a replacement warrant in the amount of $77.10, as recommended by the Auditor-Controller

13.   Adopt resolution establishing the 2002-2003 appropriations limitations for the County and Special Districts Governed by the Board of Supervisors, as recommended by the Auditor-Controller

14.   Approve revenue agreement with the Santa Cruz Metropolitan Transit District (SCMTD) and authorize the Auditor-Controller to sign the agreement for payroll services, as recommended by the Auditor-Controller

15.   Defer report on SPCA disallowed costs until December 10, 2002, as recommended by the Auditor-Controller

16.   Approve the request for compensation at the rate of $95 per hour in the Special Circumstance case of People v. Enrique Perez Colin, as recommended by the County Administrative Officer

17.   Defer the report on the suspension of reimbursement for State mandated costs and the report on the impact of Human Resource Agency reductions on County Counsel until December 10, 2002, as recommended by the County Administrative Officer

18.   Adopt resolution appointing Dana McRae as County Counsel of the County of Santa Cruz, as recommended by the County Administrative Officer

19.   Approve the Dependent Care Reimbursement Plan Amendment for Tax Year 2003, as recommended by the Personnel Director

20.   Adopt resolution setting the Medical Plan Contributions for various employee groups under the Public Employees' Medical and Hospital Care Act, as recommended by the Personnel Director

20.1   Adopt resolution determining Disability Retirement status of Richard Thomas, a Safety employee, as recommended by the Personnel Director

20.2   Approve renewal of health Services Agency Professional and general liability policy, as recommended by the Health Services Agency Director and the Personnel Director

21.   Reject the claim of Lance Clifford, No. 203-034, and refer to County Counsel

22.   Reject the claim of Adrian O. Adams, No. 203-035A, and refer to County Counsel

23.   Reject the claim of Adrian Adams, No. 203-035B, and refer to County Counsel

24.   Reject the claim of Adrian Adams, No. 203-035C, and refer to County Counsel

25.   Reject the claim of Adrian Adams, No. 203-035D, and refer to County Counsel

26.   Reject the claim of Nancy Lechner, No. 203-036, and refer to County Counsel

27.   Reject the claim of Bradley Robinson, No. 203-037, and refer to County Counsel

28.   Reject the claim of Lorri Nieto, No. 203-045, and refer to County Counsel

29.   Defer approval of contract amendment with Motorola/Printrak for the replacement of the California Law Enforcement Telecommunications System Message Switch until December 10, 2002, as recommended by the Sheriff-Coroner

30.   Approve contract change orders for equipment and power upgrades in the amount of $13,185 for the Sheriff's Mobile Data Computing System; authorize the Sheriff-Coroner to sign the change orders; and approve the associated transfer of funds in the amount of $13,185, as recommended by the Sheriff-Coroner

31.   Adopt Resolution Approving the Sale of Tax-Defaulted Property at Public Auction, as recommended by the Treasurer-Tax Collector

32.   Accept nomination of Mike Blaesser for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2004, with final appointment to be made December 10, 2002, as recommended by Supervisor Beautz

33.   Accept notification of two at-large vacancies on the Children and Youth Commission, representing persons under age 18 and providers, with nominations for appointment to be received on December 10, 2002, and final appointment to be made January 7, 2003, as recommended by Chairperson Beautz

34.   Accept notification of at-large vacancy on the Workforce Investment Board, representing economic development agencies, with nominations for appointment to be received December 10, 2002, and final appointment to be made January 7, 2003, as recommended by Chairperson Beautz

 

HEALTH AND SOCIAL SERVICES

35.   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

36.   Accept and file report on State budget impacts on health services; adopt resolution canceling estimated revenues and appropriations of $180,275 in Health Services Agency budget; approve budget modifications to address state Children's System of Care funding reductions; and direct Mental Health to work with Human Resources Agency and Probation Department on youth issues, as recommended by the Health Services Agency Director

37.   Adopt resolution accepting and appropriating $37,204 in unanticipated California Healthcare for Indigents Program (CHIP) revenue into the Medi-Cruz budget, as recommended by the Health Services Agency Director

38.   Defer report on Health Improvement Project until November 26, 2002, as recommended by the Director of Health Services

39.   Authorize Health Services Agency to sign grant agreements with the federal Center for Substance Abuse Treatment and the State Department of Alcohol and Drug Programs for adolescent residential treatment and Drug Court funding; authorize the Health Services Agency to negotiate contracts and contract amendments; adopt resolutions accepting and appropriating $470,912 into the Health Services Agency and Probation budgets; and take related personnel actions, as recommended by the Health Services Agency Director and Chief Probation Officer

40.   Adopt resolution appointing Melva Simmons to the Office of Public Guardian of Santa Cruz County, as recommended by the Humam Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

41.   Schedule a public hearing on December 10, 2002, on the afternoon agenda, at 1:30 p.m. or thereafter to consider the proposal to rezone Assessor's Parcel Number 098-151-02 from the Special use ("SU") zone district to the Timber Production ("TP") zone district, as recommended by the Planning Director

42.   Schedule a public hearing on December 10, 2002, on the afternoon agenda, at 1:30 p.m. or thereafter to consider the proposal to rezone Assessor's Parcel Number 089-531-12 from the Special Use ("SU") zone district to the Timber Production ("TP") zone district, as recommended by the Planning Director

42.1   Approve allocation of Fish and Game funds in the amount of $5,500 recommended by the Fish and Game Advisory Commission, as recommended by the Planning Director

43.   Approve 2002/2003 Advanced Planning Work Program, as recommended by the Planning Director

44.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $6,782.35 and authorize the Planning Director to enter into a Purchase Order agreement to provide consultant services, as recommended by the Planning Director

45.   Accept progress report on FishNet 4C Implementation Plan; direct staff to incorporate implementation actions into work programs, and take related actions, as recommended by the Planning Director

46.   Accept and file report on State accessibility requirements as they relate to existing parking lots and new residential structures and refer the matter of ordinance changes for inclusion in the next update of the Planning Department Work Program, as recommended by the Planning Director

47.   Approve independent contractor agreement with Kinnetic Laboratories/ToxScan in a not-to-exceed amount of $20,560 for storm water treatment system monitoring for the 30th, 32nd, and 33rd Avenue Storm Drain, Sanitary Sewer and Sidewalk Improvements, and authorize the Director of Public Works to sign the independent contractor agreement, as recommended by the Director of Public Works

47.1   Authorize the Chairperson of the Board to send a letter of support to the California Department of Transportaion regarding the necessity of maintaining the Highway 1 Emeline Avenue off-ramp in the Highway 1/17 Merge Lanes Project, as recommended by the Director of Public Works

48.   Approve amendment to agreements for transportation, recycling and disposal of electronic products waste with Philip Transportation and Remediation, Incorporated for a not-to-exceed amount of $210,000 and with United Datatech Distributors for a not-to-exceed amount of $90,000, and authorize the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

49.   Adopt resolution authorizing Public Works to apply for Environmental Enhancement and Mitigation Program grant funds for the Geyer property acquisition, and direct Public Works to return on or before May 20, 2003, to report on the outcome of the grant application, as recommended by the Director of Public Works

50.   Accept and file report on the Local Hiring of Apprenticeship Ordinance and direct Public Works to return on January 28, 2003 with an updated report, as recommended by the Director of Public Works

51.   Accept and file report on future recommended underground utility projects, as recommended by the Director of Public Works

52.   Accept improvements and approve the final cost in the amount of $37,710 for the Larkin Valley Road Storm Damage Repair project and take related action, as recommended by the Director of Public Works

53.   Approve Contract Change Order No. 2 in the amount of $31,265 for the 2001/2002 Pavement Management Overlay Project for County Service Area (CSA) No. 33, Redwood Drive, Supervisorial District 2; authorize the Chairperson of the Board to sign the contract change order; and take related action, as recommended by the Director of Public Works

54.   Approve independent contractor agreements for the Public Works Solid Waste and Recycling Services section and authorize the Director of Public Works to sign the agreements with Inland Industrial Tire, for large tire repair and replacement services for a not-to-exceed cost of $45,000; Dixon and Son Tires, Incorporated, for truck and fleet tire services for a not-to-exceed cost of $18,000, as recommended by the Director of Public Works

55.   Accept improvements and final cost in the amount of $198,699.74 for the 2001/2002 Pavement Management Slurry Seal Project and take related action, as recommended by the Director of Public Works

56.   Approve amendment to agreement with Ecology Action of Santa Cruz for a not-to-exceed amount of $30,000 for fiscal year 2002/2003 for the Used Oil Recycling Block Grant Program and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

 

REDEVELOPMENT AGENCY

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY approve an agreement with Shangrila Landscape, Incorporated, in the amount of $28,500 for the Capitola Road Landscape Establishment Period contract and take related actions, as recommended by the Redevelopment Agency Administrator

58.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY approve Agency financing of an agreement with Kinnetics Laboratories, Incorporated for storm water monitoring in the amount of $22,000 and take related actions, as recommended by the Redevelopment Agency Administrator

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

59.   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.: Nancy Coe v. County of Santa Cruz, Superior Court
Case No. 139334

Case Name/No.: Alan Johnson v. County of Santa Cruz, et al., Santa Cruz Superior
Court No. 1416708; Sixth Appellate District Case No. H 025045; U.S. District Court Case No. C 020441 JW

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 LABOR NEGOTIATOR
Agency Negotiator: Personnel Director
Employee Organization: All

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

59.1   Direct County Counsel to review the Personal Privacy Ordinance adopted by San Mateo County and return to the Board of Supervisors on December 10, 2002, with any comments on the proposed language that are appropriate in a form suitable for potential adoption, as recommended by Supervisor Almquist

59.2   Direct County Counsel to send a letter urging the First District Court of Appeal to publish its opinion in Finley-Tassajara Corporation v. County of Contra Costa, Case No. A097392, as recommended by County Counsel

59.3   Accept notification of at-large vacancy on the Board of Directors of the Santa Cruz Metropolitan Transit District, with nominations for appointment to be received on December 10, 2002, and final appointment to be made January 7, 2003, as recommended by Chairperson Beautz

59.4   Direct the Planning Department to move forward with an appeal of the Islandia property timber harvest proposal if it is approved, as soon as it is approved, as recommended by Supervisor Almquist

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

60.   Consider the County's participation in the Second Harvest Food Bank Holiday Food Drive for 2002, as well as, continued participation on an annual basis and establish November 2, 2002 through December 12, 2002 as the period for contributions to the Food Drive at County facilities
a. Letter of County Administrative Officer of November 4, 2002
61.   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 scheduled meeting (agendas are located on the table at the front of the Board Chambers)
a. Proceedings of the Board of Directors dated Novemberf 19, 2002
b. Action Summary Minutes dated August 27, 2002
c. Action Summary Minutes dated June 25, 2002
d. Action Summary Minutes dated June 18, 2002
e. Pajaro River Interim Management Plan dated November 4, 2002
f. Letter of Wittwer and Parkin, Attorneys, dated May 21, 2002
g. Letter of Monterey County Counsel dated May 22, 2002
h. Letter of Zone 7 dated June 11, 2002
62.   AS THE BOARD OF DIRECTORS FOR THE REDEVELOPMENT AGENCY Public Hearing on status of implementing Live Oak-Soquel Redevelopment Plan and 1999 Implementation Plan
a. Letter of the Redevelopment Agency Administrator of November 1, 2002
b. Redevelopment Plan (on file with Clerk of the Board)
c. Summary of Capital Projects Completed to Date
d. Summary of Housing Projects Completed to Date
e. 1999 Implementation Plan (as amended in 2000)
f. Summary of Public Input (from Summer 2000 Meetings)
g. Resolution with Proposed Implementation Plan revisions
h. Letter of Redevelopment Agency dated November 14, 2002
i. Letter of Catherine Rucker with Petitions dated November 18, 2002

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).

63.   Continued hearing on proposed ordinance amending the provisions of the Santa Cruz County Code which apply to hearing officers; approve amendments to County Hearing Officer contracts and authorize the County Administrative Officer to execute the amended contracts (continued from November 5, 2002, No. 50)
a. Letter of County Counsel of October 15, 2002
b. Proposed Ordinance
c. Contract
64.   Consider reappointment of Martha Martinez to the Housing Authority Board of Commissioners, as an at-large tenant representative, for a term to expire November 19, 2004
a. Letter of Supervisor Wormhoudt of October 30, 2003
b. Application
65.   Consider reappointment of Frank W. Cappuro to the Pajaro Valley Water Managment Agency Board of Directors, pursuant to the provisions of Water Code Appendix Section 124-402, for a term to expire November 19, 2004
a. Letter of Supervisor Campos of October 23, 2002
b. Application
c. Letter of Nita Gizdich, President, Santa Cruz County Farm Bureau of October 29, 2002
d. Letter of Nancy Isakson, Consultant for Pajaro Valley Citizens of November 5, 2002
66.   1:30 P.M. SCHEDULED ITEM

Jurisdictional hearing to consider the Planning Commission's determination that the use proposed under Application 01-0151 is consistent with the allowed uses in the Residential Agriculture zone district and with the Rural-Residential General Plan designation. The property is located on the east side of Freedom Boulevard at the intersection with Valencia Road, Aptos

a. Letter of the Planning Director of November 5, 2002
b. RACA Appeal Letter of October 31, 2002
c. Planning Commission Staff Report of October 9, 2002
d. Correspondence
e. Planning Commission Minutes of October 9, 2002
f. Board Packet for Item 52.1 of November 5, 2002
g. Location Map
h. Letter of Deborah Gozzo dated November 19, 2002

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.