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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
April 8, 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
  • 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 March 25, 2003, as recommended by the Clerk of the Board

8.   Item deleted

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 Subdivision D of Section 1.12.070 of the Santa Cruz County Code Relating to Hearing Officers (approved "in concept" on April 1, 2003, Item No. 38)

11.   Reject the claim of Edward C. "Chris" Wilder, No. 203-090, and refer to County Counsel

12.   Reject the claim of Deborah Linzer, No. 203-093, and refer to County Counsel

13.   Reject the claim (on file with the Clerk) of Kari Scott, a minor, by and through her guardian Heather McDaniel, No. 203-087, and refer to County Counsel

14.   Approve amendment to contract with Dwight L. Herr to increase the agreement by an amount not-to-exceed $12,000 and authorize County Counsel to sign the amendment, as recommended by County Counsel

15.   Adopt resolution amending the Santa Cruz County Deferred Compensation Plan to include extra-help employees, as recommended by the County Administrative Officer

16.   Defer report on the possible consolidation of the offices of Auditor-Controller, Treasurer-Tax Collector/Clerk Recorder and Assessor, to on or before May 6, 2003, as recommended by the County Administrative Officer

17.   Adopt resolution in support of the Monterey Bay Sanctuary Scenic Trail and take related actions, as recommended by the County Administrative Officer

18.   Accept and file report on the Zayante Fire Protection District's proposed Urban-Wildland Interface Code, with a report back on October 28, 2003, and take related actions, as recommended by the Emergency Services Administrator

19.   Adopt resolution accepting and appropriating $136,324 in Domestic Preparedness Program Grant funds, as recommended by the Emergency Services Administrator

20.   Approve Change Order to Contract No. 2-2833 for the 1400 Emeline Health and Human Services Building repairs in the amount of $15,717.63, as recommended by the Director of General Services

21.   Adopt resolution re-authorizing the Juvenile Justice Coordinating Council through June 2004 and direct the Probation Department to return on April 29, 2003 with a report on the Juvenile Justice Plan and the Juvenile Justice Crime Prevention Act, as recommended by the Chief Probation Officer

22.   Approve grant award with the State Office of Criminal Justice Planning to provide for an in-custody residential substance abuse treatment program in the amount of $294,358; authorize the Chairperson and the Sheriff-Coroner to sign the grant award document; authorize the Sheriff-Coroner to enter into and sign a contract with the implementing agency, Pajaro Valley Prevention and Student Assistance, Incorporated; and adopt resolution accepting and appropriating $294,358 in unanticipated revenue, as recommended by the Sheriff-Coroner

23.   Direct the Health Services Agency Director to prepare a report that would provide information on the advisability and feasibility of implementing Laura's Law in Santa Cruz County, as outlined, and take related action, as recommended by Supervisor Almquist

24.   Adopt resolution to defend Civil Liberties and the Bill of Rights through opposition to the USA Patriot Act, as recommended by Supervisor Almquist

25.   Approve appointment of Thomas D. Davis to the Seniors Commission for a term to expire April 1, 2005, as recommended by Supervisor Almquist

26.   Approve appointment of Bill Rodoni to the North Coast Beaches Advisory Committee, representing the interests of North Coast Farmers, for a term to expire December 31, 2003, as recommended by Supervisor Wormhoudt

27.   Approve appointment of Ray Pereyra to the Latino Affairs Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

28.   Approve appointment of Aurelio Gonzalez to the Housing Authority Board of Commissioners, as the representative nominated by the City of Watsonville, for a term to expire April 8, 2007, as recommended by Chairperson Pirie

29.   Approve reappointment of Scott Carson as the representative of the City of Capitola on the Hazardous Materials Advisory Commission, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

30.   Approve appointment of Gillian Greensite to the Domestic Violence Commission, as the representative of the Santa Cruz Commission for the Prevention of Violence Against Women, as recommended by Chairperson Pirie

31.   Approve reappointment of Charles Gluck as the representative of the City of Watsonville on the Hazardous Materials Advisory Commission, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

32.   Approve reappointment of Carole Mulford to the Children and Youth Commission, as the representative of the County Office of Education, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

33.   Approve appointment of Dixie Mitchell-Clow to the Domestic Violence Commission, as the representative of the County Women's Commission, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

34.   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

35.   Approve submission of federal grant application (on file with the Clerk), "Initiative to End Chronic Homelessness", (Going Home Program), as recommended by the Health Services Agency and Human Resources Agency Directors

36.   Accept and file Health Insurance Portability and Accountability ACT (HIPAA) Implementation Report; adopt resolution to declare the County of Santa Cruz a hybrid covered entity under the provisions of the HIPAA Act of 1996; direct County Counsel, Personnel, Health Services and Human Resources Agencies to continue efforts with compliance and implementation of the requirements of the HIPAA Act of 1996; and authorize the Health Services Agency Director to implement appropriate policies and procedures, as necessary, to meet the requirements of the Final HIPAA Privacy Rule, as recommended by the Health Services Agency Director

37.   Authorize change in fixed asset purchase of one refrigerated incubator; authorize fixed asset purchase of replacement refrigerated centrifuge at a cost not-to-exceed $10,000; and approve transfer of appropriations, as recommended by the Health Services Agency Director

 

LAND USE AND PUBLIC PROJECTS

38.   Authorize the Planning Director to sign a contract with Thomas Reid Associates in the amount of $168,934, including any subsequent amendments that may be necessary to complete the Environmental Impact Report (EIR) for the Bonny Doon Quarry Expansion project, and to sign the revenue contract with the applicant to provide funds for this work, as recommended by the Planning Director

39.   Defer report on County Code Volume II update to May 6, 2003, as recommended by the Planning Director

40.   Approve Federal Funding Program Supplement for $100,000 in revenue for the Monterey Bay Sanctuary Scenic Trail Interpretive Sign Study project; adopt resolution authorizing execution of an agreement between the State of California and the County of Santa Cruz; authorize the Director of Public Works to sign the original and duplicate original of the Program Supplement on behalf of the County; and take related actions, as recommended by the Director of Public Works

41.   Adopt resolution scheduling a public hearing on Tuesday, April 29, 2003, on the morning agenda, at 9:00 a.m. or thereafter on the proposed benefit assessment/service charge reports for various County Service Areas (CSA); direct the Clerk of the Board to take related action; adopt Resolution of Intention to modify benefit assessments for CSA No. 54, Summit West, as recommended by the Director of Public Works

42.   Approve amendment to agreement with EcoSystems West for various Public Works projects by increasing the hourly rate, and authorize the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

43.   Accept the improvement for the Redwood Road Storm Damage Repair project; approve final cost in the amount of $173,932.71; and take related action, as recommended by the Director of Public Works

44.   Adopt resolution authorizing the Soquel San Jose Road emergency storm repair; authorize Public Works to submit the repair plans and specifications, which calls for waiving advertising for the bidding process per Public Contract Code Sections 20134 and 22050, to select qualified local contractors for a competitive bid due by 10:30 a.m., Friday, April 18, 2003; and direct Public Works to return on April 29, 2003 for presentation of the low bid for review and award of contract, as recommended by the Director of Public Works

45.   Approve plans, specifications (on file with the Clerk), and engineer's estimate for construction of Buena Vista Landfill Entrance Facility Improvements, Phase I; authorize the calling for bids; set the bid opening for 10:45 a.m. on Tuesday, May 20, 2003; and take related actions, as recommended by the Director of Public Works

46.   Approve amendment to agreement with Monica Burke Consulting in the increased amount of $14,204 for Northern and Coastal California Water Bond Initiative Coalition Consulting services for a not-to-exceed amount of $86,019; authorize the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

47.   Accept and file report on the take back ordinance on electronic waste, and return on June 10, 2003 with a draft ordinance and recommendations on how to implement a local electronics waste take-back ordinance, as recommended by the Director of Public Works

48.   Approve County-State Agreement for $581,043 in revenue for funding the Union Pacific Railroad crossing on State Park Drive; adopt resolution authorizing execution of an agreement between the State of California and the County of Santa Cruz; authorize the Director of Public Works to sign the original and duplicate original agreement on behalf of the County; and take related action, as recommended by the Director of Public Works

49.   Direct Public Works staff to finalize plans and preparations for meetings pertaining to the relinquishment of the Pajaro River Levee Project-Public Process, as recommended by the Director of Public Works

50.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT direct Public Works staff to finalize plans and preparations for meetings pertaining to the relinquishment of the Pajaro River Levee Project-Public Process, as recommended by the District Engineer

51.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT direct Public Works staff to finalize plans and preparations for meetings pertaining to the relinquishment of the Pajaro River Levee Project-Public Process, as recommended by the District Engineer

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, approve independent contractor agreement with RAMLIT Associates for a not-to-exceed amount of $60,000 for water resources consulting services; authorize the Director of Public Works to sign the independent contractor agreement on behalf of the County, as recommended by the Director of Public Works and the Planning Director

53.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, approve the annual industrial wastewater pretreatment report and take related action, as recommended by the District Engineer

54.   Schedule a public hearing on Tuesday, May 6, 2003, on the morning agenda, at 9:00 a.m. or thereafter to request to the California Debt Limit Allocation Committee an allocation of Tax-Exempt Bond Authority issued through California Statewide Communities Development Authority to finance the Villa Del Paraiso project, as recommended by the Redevelopment Agency Administrator


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

55.   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.: City of Capitola, et al v. Papadakis, AMBAG, et al. Santa Cruz Superior Court Case No. CV 145398

Case Name/No.: County of Santa Cruz v. City of San Jose, et al., Santa Clara Superior Court No. CV 794209

Case Name/No.: Buena Vista Community Association v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV 134742

ADDENDA ITEM TO CLOSED PERSONNEL AND LITIGATION
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Acting Personnel Director
Employee organization: D.A. Inspectors' Unit

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

55.1   Adopt resolution in support of Senate Bill 1070 authorizing emergency state funding for federal automation penalties, as recommended by the Director of Child Support Services


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

56.   Consider report on the application of the Living Wage for non-profit organizations
a. Letter of the Human Resources Agency Director of April 2, 2003
b. Attachment 1
c. Letter of Human Care Alliance dated April 4, 2003
d. E-Mail of Chris Johnson-Lyons dated April 8, 2003


57.   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 rescheduled meeting (agendas are located on the table at the front of the Board Chambers)
a. Agenda of Zone 7 dated April 8, 2003
b. Action Summary Minutes dated January 14, 2003
c. Appointment to the Pajaro River Watershed Flood Prevention Authority Board of Directors dated April 8, 2003
d. Pajaro River Watershed Flood Prevention Authority
e. Payment for Services for the Pajaro River Levee Reconstruction Project
f. Letter of Zone 7 dated March 4, 2003
g. 2003/04 Zone 7 Assessment Rates
h. Letter of City of Watsonville dated January 29, 2003


58.   Consider ordinance adding Chapter 8.57 to the Santa Cruz County Code relating to the sale of aerosol paint containers and marking pens capable of defacing property
a. Letter of Supervisor Pirie of April 2, 2003
b. Proposed ordinance
c. Letter of John and Karen Hibble, Executive Directors of Aptos Chamber of Commerce, dated April 4, 2003


59.   1:30 P.M. SCHEDULED ITEM

Public hearing to consider Application Number 01-0445, a proposal to create 20 single-family lots ranging in size from 4,310 square feet to 6,447 square feet on a 3.1 acre site where a former convalescent home is to be removed, and to rezone the eastern half of Assessor's Parcel Number 029-381-17 from the Public Facility (PF) zone district to the Residential Single Family (R-1-4) zone district; requires a Rezoning, a Subdivision, a Residential Development Permit, and Preliminary Grading Approval for 1,700 cubic yards; the property is located in Live Oak on the west side of Mattison Lane, approximately one quarter mile south of Highway 1, at 2555 Mattison Lane; Applicant: Pacific Rim Planning Group; Owner: Ruth Batterson, Trustee

a. Letter of the Planning Director of March 25, 2003
b. Findings
c. Conditions of Approval
d. Planning Commission Resolution No. 6-03
e. Ordinance amending Chapter 13.10 of the County Code
f. Staff Report to the Planning Commission of February 12, 2003
g. Minutes of Planning Commission hearing of February 12, 2003
h. Project Plans (on file with the Clerk)
i. 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.