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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
September 23, 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

  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 September 9, 2003, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of September 11, 2003 through September 17, 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 Verick Mason, No. 304-014, and refer to County Counsel

11.   Reject the claim of Jesus Munoz Garcia, No. 304-016, and refer to County Counsel

12.   Reject the claim of Ingrid Wagnaar, No. 304-018, and refer to County Counsel

13.   Reject the claim of Brian Segarini, No. 304-019A, as insufficiently filed, and refer to County Counsel

14.   Reject the claim of Brian Segarini, No. 304-019B, as insufficiently filed, and refer to County Counsel

15.   Approve recommendation to request the Auditor to issue replacement warrants in the total amount of $106.29 to replace specified uncashed and staledated warrants, as recommended by the Auditor-Controller

16.   Approve response to 2002/2003 Grand Jury report and request the Chair forward the response to the Presiding Judge, as recommended by the County Administrative Officer

17.   Accept and file report on options for the possible consolidation of the County's fiscal offices, and direct the County Administrative officer to provide a further report in January 2004, as recommended by the County Administrative Officer

18.   Continue the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services to November 18, 2003, as recommended by the County Administrative Officer

19.   Adopt resolution authorizing the District Attorney to reapply to the State Department of Insurance for $66,697 of funding in fiscal year 2003/2004 for the Auto Insurance Fraud program, as recommended by the District Attorney (grant application on file with the Clerk)

20.   Approve and ratify the emergency repair of the elevator located at 1020 Emeline Avenue, Santa Cruz at a cost of $35,570, as recommended by the Director of General Services

21.   Approve a two year parking lease extension with the University of California Santa Cruz to provide parking for County employees and County vehicles, as recommended by the Director of General Services

22.   Approve plans and specifications (on file with the Clerk) for the Parking Lot Paving - 265 Water Street project; direct the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on October 21, 2003, as recommended by the Director of General Services

23.   Adopt resolution accepting and appropriating $168,760 in data processing fees; approve transfer of funds from the Plant Acquisition/Technology and Productivity Fund to the Auditor-Controller's budget index; and ratify a change order in the amount of $6,200 in Intellitime Systems Corporation to fund the roll-out of the Web-based time card project county-wide, as recommended by the Information Services Department Director

24.   Authorize the Information Services Director to apply for federal funds in the amount of $13,792 and to take related actions to provide for Geographic Information Services (GIS) staff and Planning staff review of Digital Flood Map Project for the Federal Emergency Management Agency (FEMA), as recommended by the Information Services Director

25.   Approve Fourth Amendment to lease agreement with Six C's - East Lake Village Shopping Center, Incorporated, as recommended by the Chief Probation Officer

26.   Authorize the Auditor-Controller to distribute excess proceeds from the June 27, 2001 Chapter 8 Auction, and take related actions, as recommended by the Treasurer-Tax Collector

27.   Accept Treasurer's monthly cash report and transaction report for the period ending August 31, 2003 and take related action, as recommended by the Treasurer-Tax Collector

28.   Approve appointment of Guadalupe Mendoza to the Child Care Planning Council, as a representative of child care provider, for a term to expire April 1, 2005, as recommended by Supervisor Campos

29.   Accept notification of at-large vacancy on the Assessment Appeals Board, with nominations for appointment to be received on October 7, 2003, and final appointment to be made October 21, 2003, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

30.   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

31.   Defer report on the Health Services Agency Clinic operations to October 21, 2003, as recommended by the Health Services Agency Director

32.   Accept and file report on the Central Coast Alliance for Health financial negotiations with the State Department of Health Services, as recommended by the Health Services Agency Director

 

LAND USE AND PUBLIC PROJECTS

33.   Approve consultant services contract with Cypress Environmental and Land Use in the amount of $7,418.95 to complete permit processing of discretionary application No. 96-0221 (Santa Cruz Gardens No. 12), as recommended by the Planning Director

34.   Defer report on Park Site acquisition process until October 21, 2003, as recommended by the Planning Director

35.   Adopt resolution authorizing the purchase of the property on 157 Casillas Avenue from the Freedom County Sanitation District; authorize the Chairperson of the Board to sign the certificate of acceptance on behalf of the County; and approve payment of $50,000 to the Freedom County Sanitation District, as recommended by the Director of Public Works

36.   Approve independent contractor agreement with Mark Thomas and Company, Incorporated, for the Harkins Slough Road Bridge project for design engineering services in the not-to-exceed amount of $308,902.09; authorize the Director of Public Works to sign the independent contractor agreement on behalf of the County; and direct the Department of Public Works to return to the Board on or before December 9, 2003, with a report on the status of the project, as recommended by the Director of Public Works

37.   Approve amendment to agreement with Quincy Engineering, Incorporated, amending the scope of work and increasing compensation by $70,300 for the Paulsen Road - Whiting Road Bridge Replacement project 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

38.   Approve independent contractor agreement with Dixon and Son Tires, Incorporated for heavy equipment, truck and fleet tire repair and replacement services for a not-to-exceed amount of $30,000 per fiscal year through June 30, 2007, and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

39.   Approve road closures and the Aptos High School Homecoming Parade and direct Public Works to issue the parade permit, as recommended by the Director of Public Works

40.   Accept and file report on Vegetation Management Grants for Roadside and Watershed Maintenance, as recommended by the Director of Public Works

41.   Accept and file report for improving the Graham Hill Road railroad crossing in cooperation with Santa Cruz Big Trees and Pacific Railway, as recommended by the Director of Public Works

42.   Approve Request for Proposals (RFP) for consultant services for the San Lorenzo Valley Trail Feasibility Study; direct Public Works to begin distribution of the RFP; and return on or before the first meeting in January 2004 with a consultant contract for consideration by the Board, as recommended by the Director of Public Works

43.   Accept and file report on the Relinquishment of the Pajaro River Levee Project and direct Public Works to return on December 9, 2003, with a further status report, as recommended by the Director of Public Works

44.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, accept and file report on the Relinquishment of the Pajaro River Levee project; and direct Public Works to return on December 9, 2003 with a further status report, as recommended by the District Engineer

45.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, accept and file report on the Relinquishment of the Pajaro River Levee project; and direct Public Works to return on December 9, 2003 with a further status report, as recommended by the District Engineer

46.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, adopt resolution authorizing the sale and transfer of District owned property (Assessor's Parcel No. 014-071-33 at 157 Casillas Avenue and Assessors Parcel No. 014-071-35, adjacent to 157 Casillas Avenue); authorize the Chairperson of the Board to sign the Grant Deeds; and take related action, as recommended by the District Engineer

47.   Approve purchase and sale of property in Watsonville for affordable housing and take related actions, as recommended by the Redevelopment Agency Administrator

48.   Adopt Resolution of Intention to Amend County Code Chapter 9.42 regarding the Soquel Village Parking and Business Improvement Area fees and schedule a public hearing on October 21, 2003 on the morning agenda, at 9:00 a.m. or thereafter, as recommended by the Redevelopment Agency Administrator

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

49.   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.: Debert, et al v. County of Santa Cruz Planning Department Santa Cruz Superior Court No. CV 145820

PERSONNEL SESSION: 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

49.1   Re-adopt a resolution adopting amendments to the County General Plan relating to timber harvesting, and re-adopt an ordinance amending County Code Section 13.10.312(b) - allowed uses of the agricultural zones, which would allow farmers and ranchers outside the coastal zone to apply for timber harvesting permits, as recommended by Supervisor Campos

49.2   Allocate the use of $15,000 in Redevelopment Agency funding for a study of historical properties in Live Oak, and direct the Planning Department to return to the Board on October 21, 2003, with a Request for Proposals, as outlined, which would provide a time frame calling for proposals to be returned by December 1, 2003, as recommended by Supervisor Beautz

49.3   Authorize extension of one limited term Housing Rehabilitation Construction Specialist position through October 31, 2003, as recommended by the Emergency Services Administrator

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

50.   Public hearing to consider the 2004 Growth Goals Report
a. Letter of the Planning Director of September 11, 2003
b. 2004 Growth Goals Report
c. Proof of Publication
51.   Public hearing on Federal Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant and State Supplemental Law Enforcement Services Funds (SLESF)
a. Letter of the County Administrative Officer of September 11, 2003 with attachments
b. Letters of the Sheriff-Coroner of August 22, 2003 regarding BJA Funds
c. Letter of the Sheriff-Coroner of August 28, 2003 regarding SLES Funds
d. Letter of the District Attorney of September 23, 2004 regarding SLES Funds
e. Proof of Publication

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).

52.   Consider report on the effect of the State Budget on the 2003/04 County Budget and taking actions to incorporate the adjustments in the Final Budget (material available Friday, September 19, 2003)
a. Letter of the County Administrative Officer
b. Attachments
53.   Presentation regarding the Sheriff's Inmate Welfare Programs
a. Letter of the Sheriff-Coroner of September 10, 2003
b. Attachment 1 - Directory of Inmate Programs (on file with the Clerk)
c. Attachment 2 - Letter of the Sheriff Coroner of August 18, 2003 (continued from September 9, 2003, Item No. 21)
54.   Consider report on Floor Area Ratio and related topics
a. Minute Order of September 23, 2003, Item No. 54
b. Letter of the Planning Director of September 15, 2003
c. Attachment 1: Draft Ordinance
d. Letter of William F. Locke-Paddon of September 11, 2003
e. Letter of Kelly Salazar of September 18, 2003 (Carter & Salazar Architects)
55.   Consider appointment of Joan McIntyre to the Long Term Care Interagency Commission, as an at-large representative age 55 or older, pursuant to County Code Section 2.116.030, for a term to expire April 1, 2006
a. Letter of Supervisor Wormhoudt of September 9, 2003
b. Application for Appointment
c. Letter of Qualifications
56.   10:45 A.M. SCHEDULED ITEM

Bid opening for Venice Drive Drainage Improvement Project

a. Letter of the Director of Public Works of August 14, 2003
b. Bid Opening of September 23, 2003 Item No. 56
c. Proof of Publication of September 9, 2003
57.   10:45 A.M. SCHEDULED ITEM

Bid opening for Lomond Terrace - CSA No. 28 Road Improvement Project 2003 (5th District)

a. Letter of the Director of Public Works of August 14, 2003
b. Bid Opening of September 23, 2003 Item No. 57
c. Proof of Publication of September 9, 2003
58.   10:45 A.M. SCHEDULED ITEM

Bid opening for the Modernization of Elevators at 1020 and 1040 Emeline Avenue Project

a. Letter of the Director of General Services of September 3, 2003
b. Bid Opening of September 23, 2003 Item No. 58
59.   1:30 P.M. SCHEDULED ITEM

Public hearing to consider a density determination for Application Number 03-0065 (Cabrillo Commons); property is located on the southeast corner of the intersection of Soquel Drive and Atherton Drive; Assessor's Parcel Number: 037-251-23; Owner: Atherton Place Development LLC; Applicant: Atherton Place Development LLC

a. Minute Order of September 23, 2003 Item No. 59
b. Letter of the Planning Director of September 9, 2003
c. Attachment 2: Zoning Map
d. Attachment 2: Zoning Map
e. Attachment 3: General Plan Map
f. Attachment 4L Ordinance 4671 Amending Section 18.10.140 of the Santa Cruz County Code-Conformity with the General Plan
g. Attachment 5: neral Plan - Urban High Density Residential Designation (R-UH)
h. Attachment 6: General Plan -Definition of Developable Land
i. Attachment 7: General Plan Policy 5.2.6 - Riparian Corridors and Development Density
j. Attachment 8: Conditions of Approval - III.N. - Atherton Place Subdivision (98-0148)
k. Attachment 9: Slope Map and Calculations of Net Developable proposal
l. Attachment 10: 43 unit development proposal
m. Attachment 11: 50 Unit development proposal
n. Attachment 12: 61 to 65 Unit develpment proposal
o. Attachment 13: 88 Unit development proposal
p. Attachment 14: 100 Unit development proposal
q. Attachment 15: 115 Unit development proposal
r. Attachment 16: Letter of Ken Bourland dated August 19, 2003
s. Attachment 17: Letter of the Richard Beale dated August 18, 2003
t. Letter of the Planning Director dated June 11, 2003 with attachments
u. Letter of Richard Beale dated September 3, 2003
v. Attachment 20: Subdvision Findings
w. Letter of Imperial Courts Homewoners Association dated September 18, 2003
x. Letter of Ann R. Bunn dated September 17, 2003
y. Electronic Mail of Brian Jones dated September 18, 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).

        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.