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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
May 20, 2003


9:00
  • Roll Call
  • Consent Agenda
  • Oral Communications
  • Scheduled and Regular Departmental Items
12:00
  • Lunch
10:30
  • Recess
10:45
  • Scheduled and Regular Departmental Items

  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.   Accept claims as approved by the Auditor-Controller

7.   Approve minutes of April 29, 2003 and May 6, 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 the Title and Various Sections of Chapter 2.45 of the Santa Cruz County Code Changing the Name of the Children and Families Commission to the First 5 Commission (approved "in concept" on May 6, 2003, Item No. 42)

11.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, adopt Ordinance Amending District Code Title 3, Chapter 3.08, Article II, Sections, 3.08.160 through 3.08.180 Water Service Charges and adopt Ordinance Amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges (approved "in concept" on May 6, 2003, Item No. 39)

12.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, adopt Ordinance Amending District Code Title 3, Chapter 3.08, Article III Section 3.08.150 Sewer Service Charges (approved "in concept" on May 6, 2003, Item No. 40)

13.   Reject the claim of Claudia Lynch, No. 204-099, and refer to County Counsel

14.   Reject the claim of Mountain Cable and Communications, Incorporated, No. 203-100, and refer to County Counsel

15.   Reject the claim of Wendell Burgess, No. 203-101, and refer to County Counsel

16.   Deny the application to file a late claim on behalf of Gary Peffley, No. 203-103A, and refer to County Counsel

17.   Deny the application to file a late claim on behalf of Gary Peffley, No. 203-103B, and refer to County Counsel

18.   Approve amendment to agreement with Appleby and Company, Incorporated in the amount of $15,500 to provide for building permit assessment processing; adopt resolution accepting and appropriating unanticipated revenue in the amount of $15,500; and take related actions, as recommended by the Assessor

19.   Authorize the Auditor-Controller to proceed with necessary actions to secure the 2003/2004 Tax and Revenue Anticipation Notes, in an amount not-to-exceed $38,000,000; adopt resolution authorizing the sale of the Notes; place a copy of the official statement and offering on file with the Clerk of the Board; and request that the Auditor-Controller return during budget hearings with further information, as recommended by the Auditor-Controller

20.   Approve realignment of funds and purchase of fixed assets, as recommended by the Director of Child Support Services

21.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $100,000 from the State Victim Compensation and Government Claims Board, for processing of reimbursement claims for victims of violent crime, as recommended by the District Attorney

22.   Approve and authorize the Auditor-Controller to issue a warrant in the amount of $1,255.78 to the District Attorney for reimbursement of purchase of training equipment, as recommended by the District Attorney

23.   Approve and authorize the District Attorney to submit fiscal year 2003/2004 re-applications (on file with the Clerk) to funding agencies for the Anti-Drug Abuse Program in the amount of $277,665, the Violence Against Women Vertical Prosecution Program in the amount of $138,416; and renewal of the joint powers agreement with the Victims Compensation and Government Claims Board in the amount of $221,511, as recommended by the District Attorney

24.   Approve request to transfer $35,000 from the Elections Department's revenue accounts to salaries and benefits to meet estimated expenditures through the end of the fiscal year, as recommended by the County Clerk-Recorder

25.   Approve plans, specifications (on file with the Clerk) for the fuel Dispensing System Modification project; direct the General Services Department to advertise for bids; and set the bid opening on June 10, 2003 at 10:45 a.m., as recommended by the Director of General Services

26.   Approve plans and specifications (on file with the Clerk) for the Pajaro Dunes Fire Station Underground Tank Removal project; direct the General Services Department to advertise for bids; and set the bid opening on June 10, 2003 at 10:45 a.m., as recommended by the Director of General Services

27.   Accept and file status report on Foster Care Expenditures and direct the Chief Probation Officer, and the Human Resources Agency and Health Services Agency Directors to provide an update on June 24, 2003 regarding fiscal year 2002/2003 foster care expenditures and efforts to control these expenditures, as recommended by the Chief Probation Officer

28.   Authorize the Probation Department to participate in the Watsonville Police Department's application for Federal Juvenile Justice and Delinquency Prevention grant funding, as recommended by the Chief Probation Officer

29.   Authorize the Probation Department to apply for the Federal Office of Justice Programs Drug Court augmentation grant and authorize the County Administrative Officer to sign the letter designating the Probation Department as the official applicant, as recommended by the Chief Probation Officer

30.   Authorize the Chief Probation Officer to participate in the Pajaro Valley Prevention and Student Assistance agency's application for Federal Juvenile Justice and Delinquency grant funding, as recommended by the Chief Probation Officer

31.   Approve amendments to contract with Redwood Toxicology Laboratory, Incorporated in the amount of $81,420 and take related action, as recommended by the Chief Probation Officer

32.   Accept and file the Treasury Oversight Commission Compliance Audit for the year ending June 30, 2002, as recommended by the Treasurer-Tax Collector

33.   Accept and file report of the County's investment activities and holdings for the quarter ending March 31, 2003, as recommended by the Treasurer-Tax Collector

34.   Authorize the Auditor-Controller to distribute excess proceeds from the March 8, 2003 auction, as recommended, and direct the County Tax Collector to notify all claimants by first class mail, postage prepaid, as recommended by the Treasurer-Tax Collector

35.   Accept Treasurer's monthly cash report and transaction report for the period ending April 30, 2003 and take related action, as recommended by the Treasurer-Tax Collector

35.1   Defer report on medical marijuana identification card program to June 10, 2003, as recommended by the Health Services Agency Director

36.   Approve appointment of Michelle Finch to the Domestic Violence Commission, as recommended by Chairperson Pirie

37.   Approve reappointment of Angelica Diaz to the Latino Affairs Commission, as an at-large representative of the City of Watsonville, for a term to expire April 1, 2007, as recommended by Chairperson Pirie

38.   Approve appointment of Carmen B. Perez and Ivonne Munoz to the Latino Affairs Commission, as at-large representatives of the City of Santa Cruz, for terms to expire April 1, 2007, and April 1, 2005, respectively, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

39.   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

40.   Approve agreement with Decade Software Company, LLC, in the amount of $28,840 for environmental health data management services effective July 1, 2002 through June 30, 2007 and authorize the Health Services Agency Director to sign the agreement, as recommended by the Health Services Agency Director

41.   Authorize the Health Services Agency to submit a grant application to the Federal Office of Justice Programs for $500,000 over a three-year period to develop a Juvenile Drug Court program; and take related actions, as recommended by the Health Services Agency Director

42.   Authorize the Health Services Agency to negotiate agreements with the Community Action Board of Santa Cruz County, Incorporated, Population Services International, Hope Ministries, Stellar Products, and Kim Hart, for youth alcohol and drug prevention services funded with State grant funds, effective May 20, 2003; and direct the Health Services Agency to return for approval of the agreements, as recommended by the Health Services Agency Director

43.   Adopt resolution scheduling a public hearing on Tuesday, June 10, 2003, on the morning agenda, at 9:00 a.m. or thereafter, on the proposed benefit assessment/service charges and proposed 2003/2004 Assessment/Service Charge Reports for County Service Area No. 12, Wastewater Management and direct the Clerk of the Board to take related actions, as recommended by the Health Services Agency Director

44.   Accept and file status report on greater Pasatiempo Area Sewage Disposal improvements, with a further report on June 24, 2003, as recommended by the Health Services Agency Director

45.   Accept and file report on the use of emergency rooms by public inebriates and direct the Health Services Agency and the Sheriff to return during 2003/2004 budget hearings, with recommendations on ways to reduce the use of emergency rooms by public inebriates, as recommended by the Health Services Agency Director and the Sheriff-Coroner

46.   Authorize the Auditor-Controller to make payments to the State Employment Development Department for the Human Resources Agency's share of space at the Capitola Career Center; approve sublease agreements (on file with the Clerk) with Cabrillo College, Santa Cruz County Office of Education, Pajaro Valley Unified School District/Adult School, and the Center for Employment Training; authorize the Human Resources Agency Director to sign the agreements; and authorize the Human Resources Agency Director to take related actions, as recommended by the Human Resources Agency Director

47.   Approve contract amendments with Pajaro Valley Prevention and Student Assistance, Incorporated to increase mental health funding by $15,000 and with Santa Cruz Community Counseling Center/Youth Services to decrease mental health funding by $15,000; authorize the Human Resources Agency Director to sign the amendments; and authorize the Human Resources Agency Director to make minor modifications to the contracts and amendments, as recommended by the Human Resources Agency Director

48.   Accept and file the fiscal year 2002/2003 annual report (attachments on file with the Clerk) on Community Programs, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

49.   Schedule a public hearing on Tuesday, June 17, 2003 on the afternoon agenda, at 1:30 p.m. or thereafter to consider proposal to rezone Assessor's Parcel Number 062-011-33 from Special Use ("SU") zone district to the Timber Production ("TP") zone district (requires a Rezoning and Local Coastal Plan Amendment. The property is located on the north side of Thayer Road approximately 2,500 feet west of Bonny Doon Road at 640 Thayer Road), as recommended by the Planning Director

50.   Authorize the Planning Director to execute a contract with Green Drake Engineering for an amount not-to-exceed $13,000 to conduct an alternate site analysis for a proposed cell tower facility; authorize the Planning Director to execute an agreement for Conduct of Independent Review with the project applicant; and approve a standardized Agreement for Conduct of Independent Review for future projects, as recommended by the Planning Director

51.   Schedule a public hearing on Tuesday, June 10, 2003 on the morning agenda, at 9:00 a.m. or thereafter to consider a recommendation of the Historic Resources Commission to designate certain structures in Aptos Village as historic resources and add them to the County's Historic Resources Inventory, as recommended by the Planning Director

52.   Approve plans, specifications (on file with the Clerk) and engineer's estimate for the Carlton Road at Coward Creek Storm Damage Repair project; authorize calling for bids; set the bid opening on June 10, 2003 at 10:45 a.m.; and take related action, as recommended by the Director of Public Works

53.   Approve plans, specifications (on file with the Clerk) and engineer's estimate for the Green Valley Road Storm Damage Repair project; set the bid opening on June 17, 2003 at 10:45 a.m.; and direct the Clerk of the Board to take related action, as recommended by the Director of Public Works

54.   Adopt resolution for right-of-way acquisition for the Brommer Street Improvement Project, Phase II; make findings that the improvements are of benefit to the project; and approve payment of claims, as recommended by the Director of Public Works

55.   Approve independent contractor agreement with GeoSyntec Consultants, Incorporated for construction quality assurance during the construction of Buena Vista Landfill Expansion, Module 4A in the not-to-exceed amount of $168,000 and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

56.   Adopt resolution approving grant applications for the Safe Route to School Program funding in the amount of $100,000 for Sims Road (Brook Knoll Elementary School), $100,000 for Amesti Road (Amesti Elementary School), $75,000 for Calabasas Road (Calabasas Elementary School), and $100,000 for College Road (Lakeview Middle School and St. Francis High School), as recommended by the Director of Public Works

57.   Adopt resolution scheduling a public hearing on Tuesday, June 3, 2003 on the morning agenda, at 9:00 a.m. or thereafter on the proposed benefit assessment/service charge report for County Service Area No. 57, Graham Hill, Drainage and Sanitation and direct the Clerk of the Board to take related action, as recommended by the Director of Public Works

58.   Accept and file report on groundwater monitoring consultant selection for the Department of Public Works Roy Wilson Maintenance Yard; direct Public Works to return on June 3, 2003 with a contract selection, as recommended by the Director of Public works

59.   Approve road closures and event for the Felton Community Hall All-Out August event scheduled for August 2, 2003, and direct the Public Works Department to issue the road closure permit, as recommended by the Director of Public Works

60.   Adopt resolution approving the submission of grant applications to the Monterey Bay Unified Air Pollution Control District for the Motor Vehicle Emission Reduction Grant Program, and appoint the Director of Public Works and the Department of Public works administrating agency applicant to execute and submit all documents, as recommended by the Director of Public Works

61.   Adopt resolution authorizing the Director of Public Works to submit regional applications for Use Oil Block Grants to the California Integrated Waste Management Board on behalf of the County of Santa Cruz and participating city jurisdictions through June 30, 2008, as recommended by the Director of Public Works

62.   Adopt resolution in support of the County's submission of an application to the California Integrated Waste Management Board for a Local Government Waste Tire Cleanup Grant and authorize the Director of Public Works to take actions to secure grant funding from the California Integrated Waste Management Board, as recommended by the Director of Public Works

63.   Accept and file report on the Environmental Enhancement and Mitigation Program grant funds for the Geyer Quarry property acquisition, as recommended by the Director of Public Works

64.   Accept certification of the results of County Service Area (CSA) No. 25, Viewpoint Road (2nd District); direct the Director of Public Works to retain ballots for at least six months; and adopt resolution authorizing and levying an assessment for road maintenance and operations within the CSA for 2003/2004 fiscal year and each year following, as recommended by the Director of Public Works

65.   Approve Contract Change Order No. 6 in the amount of $32,625.34 for the Browns Valley Road Bridge Replacement project; and authorize the Chairperson to sign the change order on behalf of the County, as recommended by the Director of Public Works

66.   Accept and file report on the Bonny Doon Road - Liddell Creek Storm Damage Repair, as recommended by the Director of Public Works

67.   Accept low bid of Pavex Construction in the amount of $269,200 for the Graham Hill Road at Treetop Drive Left Turn Lane Project; authorize the award of the contract; and authorize the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

68.   Accept and file the Proposed 2003/2004 Capital Improvement Program (CIP) document (on file with the Clerk) and schedule a study session on the Proposed CIP for June 10, 2003, as recommended by the Director of Public Works and the County Administrative Officer

69.   Approve road closure for Aptos 4th of July Parade and direct Public Works to issue the parade permit, as recommended by the Director of Public Works

70.   Approve revisions to the authorized 2001 Series B Lease Revenue Bonds equipment list, as recommended by the Director of Public Works

71.   Defer consideration of the Buena Vista Landfill Gas Power Project status report to on or before June 10, 2003, as recommended by the Director of Public Works

72.   Approve road closures and race for the Thirty-First Annual Wharf-to-Wharf Race for July 27, 2003, and direct the Public Works Department to issue the race permit, as recommended by the Director of Public Works

73.   Approve 4th of July beach access road closures and direct the Public Works Department to provide and assist the California Highway Patrol and Sheriff's Office with road closure barricades and detour signs, as recommended by the Director of Public Works

74.   Approve road closure and La Selva Beach 4th of July Parade, and direct Public Works to issue the parade permit, as recommended by the Director of Public Works

75.   Approve plans, specifications (on file with the Clerk) and engineer's estimate for the Public Works Maintenance Yards Under Dispenser Containment Boxes and Fuel Pumps Installation; authorize calling for bids; set the bid opening on June 10, 2003 at 10:45 a.m.; and take related action, as recommended by the Director of Public Works

76.   Approve gross pay adjustment in the amount of $660.80 for one Transportation Planner IV and authorize the Auditor-Controller take related action, as recommended by the Executive Director of the Santa Cruz County Regional Transportation Commission

 

REDEVELOPMENT AGENCY

77.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, accept and file status report on Second Unit Loan Program and take related actions, as recommended by the Redevelopment Agency Administrator

78.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve funds for the acquisition of property necessary for the construction of the Brommer Street Sidewalk Improvement project (17th to 38th Avenues) and take related actions, as recommended by the Redevelopment Agency Administrator

79.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, accept proposed 2003/2004 Agency Budget and take related actions, as recommended by the Redevelopment Agency Executive Director (material available May 19, 2003)


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

80.   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.: Deborah Johnson, John Dougall v. Michelle McKinny, San Lorenzo Valley Unified School District ("SLVUSD") and DOES 1 through 25, inclusive; and Related Cross-Actions Santa Cruz Superior Court Case No. CV 141619

Case Name/No.: Jeanne Rodriguez v. County of Santa Cruz, Kathryn Canlis, in her individual capacity as District Attorney of the County of Santa Cruz, The County of Santa Cruz, and DOES 1 through 20 Santa Cruz Superior Court Case No. CV 144497

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

80.1   Accept nomination of Al Haynes for reappointment to the Water Advisory Commission, as an at-large representative of public water purveyors, for a term to expire April 1, 2007, with final appointment to be made June 3, 2003, as recommended by Chairperson Pirie

80.2   Direct Public Works to waive disposal fees for unusable school district computer equipment during the current period of downsizing and to coordinate with the affected school districts to appropriately arrange timely disposal of the computer equipment, as recommended by Supervisors Almquist and Wormhoudt


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

81.   Public hearing to consider the suggested modification by the California Coastal Commission to the Seacliff Village Plan
a. Letter of the Planning Director of May 5, 2003
b. Resolution accepting the Coastal Commission suggested modifications to the Seacliff Village Plan
c. Coastal Commission letter dated March 10, 2003
d. Coastal Commission staff report prepared February 22, 2003
e. Various Correspondences


82.   Public hearing to consider recommendation of the Planning Commission to amend County Code Chapter 16.50 to incorporate elements of a model right-to-farm ordinance into existing Agricultural Land Preservation and Protection ordinance
a. Letter of the Planning Director of May 9, 2003
b. Resolution Approving Amendments to Chapter 16.50 and Section 14.01.407.5
c. Ordinance amending County Code Chapter 16.50 and Section 14.01.407.5
d. Notice of Exemption from CEQA
e. Planning Commission Resolution
f. Planning Commission recommended draft
g. APAC Resolution
h. APAC recommended draft
i. Board conceptually approved draft
j. Correspondence
k. 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).

83.   Consider report on the 2002 (Year 1 of 3) Marijuana Suppression Program and related action
a. Letter of Sheriff-Coroner of April 23, 2003
b. Resolution
c. Mission Statement
d. Grant Application (on file with Clerk)


84.   Consider adoption of resolutions relating to 2003/2004 sewer service charges for County Service Area (CSA) No. 20, Trestle Beach
a. Letter of the Director of Public Works
b. Resolution Establishing Service Charges
c. Resolution setting hearing
d. Notice of Public Hearing
e. Letter of D. Harry W. Garschagen dated May 15, 2003


85.   Continued consideration of resolutions relating to 2003/2004 sewer service charges for County Service Area (CSA) No.7, Boulder Creek
a. Letter of the Director of Public Works
b. Resolution Establishing Service Charges
c. Resolution setting hearing
d. Notice of Public Hearing


85.1   Consider adoption of resolution of intention and adoption of ordinance to initiate contract amendment with the Public Employee's Retirement System to provide for two years additional service credit pursuant to Government Code Section 20903
a. Letter of the Personnel Director
b. Attachments


86.   Consider the County Administrative Officer's budget for the County of Santa Cruz for fiscal year 2003/2004 as the basis for deliberations during budget hearings; set Monday, June 16, 2003 as the date to begin public hearings on the proposed budget; and take related actions
a. Letter of the County Administrative Officer (available Monday, May 19, 2003)
b. Proposed Budget (available Monday, May 19, 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.