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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
November 4, 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

  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 October 21, 2003, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of October 16, 2003 through October 29, 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.   Adopt Ordinance Amending Chapter 4.50 of the Santa Cruz Code by deleting Section 4.50.020 Relating to the Limits of Supplemental Tax Bills (approved "in concept" on October 21, 2003, Item No. 65)

11.   Reject the claim of Paul M. Reith, No. 304-038, and refer to County Counsel

12.   Reject the claim of Loren L. Lazarotti, No. 304-040, and refer to County Counsel

13.   Reject the claim of Ric Benitti, No. 304-041, and refer to County Counsel

14.   Reject the claim of Brian Segarini, No. 304-036A, as insufficiently filed, and refer to County Counsel

15.   Reject the claim of Brian Segarini, No. 304-036B, as insufficiently filed, and refer to County Counsel

16.   Instruct the Auditor to issue a replacement warrant in the amount of $3,302.75 to replace the specified uncashed and staledated warrant, as recommended by the Auditor-Controller

17.   Accept and file status report on contract language to standardize financial reporting requirements for community non-profits, and request the Auditor-Controller to return on the first meeting in January 2004 with a final report, as recommended by the Auditor-Controller

18.   Defer consideration of modifications to the Memorandum of Understanding (MOU) with the City of Watsonville for the development of expanded Court services in downtown Watsonville until on or before November 25, 2003, as recommended by the County Administrative Officer

19.   Adopt resolution amending Resolution No. 279-75 and approve the addition of one position in the Planning Department, as recommended by the County Administrative Officer

20.   Accept and file report on adjustments to the 2003/2004 County budget resulting from final State and Federal budget actions and take related actions, as recommended by the County Administrative Officer

21.   Authorize the Director of Child Support Services to sign the Plan of Cooperation, as recommended by the Director of Child Support Services

22.   Defer report on adoption of the Urban Wildland Intermix Code to November 25, 2003, as recommended by the Emergency Services Administrator

23.   Schedule a public hearing on November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider energy cogeneration projects at the Main Jail and Simpkins Swim Center and the award of a contract for services, as recommended by the Director of General Services

24.   Approve renewal of Health Services Agency Professional and General Liability Insurance Policy, as recommended by the Personnel Director and the Risk Manager

25.   Accept and file final report (on file with the Clerk) of Lamberth Consulting on the analysis of traffic stop data related to the Santa Cruz County Sheriff's Office, as recommended by the Sheriff-Coroner

26.   Approve Sexual Assault Nurse contract with Debra Gilstrap, RN, to begin on November 1, 2003, in the amount of $51,915.60 for the 2003/2004 fiscal year and take related actions, as recommended by the Sheriff-Coroner

27.   Accept and file report (on file with the Clerk) of the County's investment activities and holdings for the quarter ending September 30, 2003, as recommended by the Treasurer-Tax Collector

28.   Accept notification of an at-large vacancy on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on November 18,2003, and final appointment to be made November 25, 2003, as recommended by Chairperson Pirie

29.   Accept notification of at-large vacancy on the Children and Youth Commission, representing Providers, with nominations for appointment to be received on November 18, 2003, and final appointment to be made November 25, 2003, as recommended by Chairperson Pirie

30.   Approve the 2004 Board meeting schedule, and adopt resolution establishing June 14, 2004 through June 24, 2004 as that period of time during which the budget hearings for fiscal year 2004/05 will be held, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

31.   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

32.   Adopt resolution accepting and appropriating $707,500 in unanticipated federal HCAP grant revenue; approve addition of 1.0 FTE Program Coordinator and direct Personnel to classify the position; and extend deletion date of two positions from November 7, 2003 to May 7, 2004, as recommended by the Health Services Agency Director

33.   Adopt resolutions accepting and appropriating $243,000 in unanticipated revenue into the Health Services Agency Public Health budget and $22,000 into the General Services budget for the US Department of Housing and Urban Development Lead-Based Paint Hazard Control program; approve fixed asset purchases of X-Ray Fluorescence analyzer, laptop computer, and one vehicle up to $44,800 total; approve addition of 1.0 Environmental Health Program Manager II, 1.0 Environmental Health Specialist III, 1.0 Public Health Nurse III and 1.0 Typist Clerk III, and the deletion of 1.0 Public Health Nurse II positions; adopt resolution amending Resolution 279-75 to abolish obsolete classes and create new classes at salary ranges specified; and authorize the Health Services Agency Director to sign related federal grant revenue agreement documents, as recommended by the Health Services Agency Director and the Personnel Director

34.   Accept and file report on Project Connect relating to Hospital Emergency Department use and take related actions, as recommended by the Health Services Agency Director

35.   Item deleted

36.   Accept and file report on Central Coast Alliance for Health finances and direct the Health Services Agency report back the first meeting of January 2004 with an update on advocacy efforts, as recommended by the Health Services Agency Director

37.   Accept and file Quarterly Status report on All Hazards Public Health Preparedness and Response to Bioterrorism and take related actions, as recommended by the Health Services Agency Director

38.   Authorize gross pay adjustment for employee in the Health Services Agency in the amount of $311.56, as recommended by the Health Services Agency Director

39.   Accept and file report on Health Insurance Portability and Accountability Act implementation, as recommended by the Health Services Agency Director

40.   Approve recommendations by the Children's Network to approve agreements for fiscal year 2003/2004 with the Youth Resources Bank for $45,344, Mountain Community Resources for $52,599, Parents Center, Incorporated for $39,903, Community Bridges/Live Oak Family Resource Center for $14,510, Community Bridges/La Manzana Community Resources for $90,069, and Familia Center for $19,951, and authorize the Human Resources Agency Director to sign the agreements, as recommended by the Human Resources Agency Director

41.   Approve addendum to contract with Victorian HomeCare that includes an increase to the service hour rates, the addition of a Lobbying Certification statement and a Health Insurance Portability and Accountability Act (HIPPA) attachment, and authorize the Human Resources Agency Director to sign the contract on behalf of the County, as recommended by the Human Resources Agency Director

42.   Approve contract amendments with the Youth Development and Crime Prevention service providers: Community Action Board, total contract amount $212,411; Mountain Community Resources, total contract amount of $247,219; Pajaro Valley Prevention and Student Assistance, Incorporated for a total contract amount of $388,191; and Santa Cruz Community Counseling Center, Incorporated/Youth Services for a total contract amount of $314,295; authorize the Human Resources Agency Director to sign the contract amendments; and take related actions, as recommended by the Human Resources Agency Director

43.   Accept and file status report on the In-Home Supportive Services Contract Transition Plan, as recommended by the Human Resources Agency Director

44.   Authorize the Human Resources Agency Director to sign the license agreement with the National Guard for use of the Santa Cruz Armory in an amount not-to-exceed $48,000; authorize the Human Resources Agency Director to sign a contract with the Homeless Services Center for the provision of winter shelter facilities for fiscal year 2003-2004 in an amount not-to-exceed $73,827; and authorize the Human Resources Agency Director to sign a contract with the Salvation Army for the provision of winter shelter facilities for fiscal year 2003/2004 in an amount not-to-exceed $6,047, as recommended by the Human Resources Agency Director

45.   Defer report back on the Public Guardian fees for service to November 18, 2003, as recommended by the Human Resources Agency Director

46.   Authorize the Human Resources Agency Director to sign the contract with the Homeless Services Center for the Page Smith Community House transitional housing program in an amount not-to-exceed $142,591, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

47.   Accept and file report on General Plan and ordinance amendments related to the park acquisition process, as recommended by the Planning Director and the Director of Parks, Open Space and Cultural Services (continued from October 21, 2003, Item No. 49)

48.   Schedule a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter, to consider Application No. 02-0565, a proposal to rezone a parcel from PF (Public Facilities) to R-1-6 (Single Family Residential) and amend the General Plan designation of Public Facility to Urban Low Density Residential (R-UL); requires a Rezoning and a General Plan Amendment; property is located on the southwest corner of Sims Road and Fire House Road, at 41 Sims Road, Santa Cruz, as recommended by the Acting Planning Director

49.   Schedule a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the Coastal Commission's modifications to the Planned Unit Development Ordinance, as recommended by the Acting Planning Director

50.   Schedule a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the Coastal Commission's modifications to the policies and ordinances to implement the Watsonville High School Memorandum of Understanding (MOU), as recommended by the Acting Planning Director

51.   Schedule a public hearing on Tuesday, November 25, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider the Coastal Commission's modifications to the Second Unit Ordinance, as recommended by the Acting Planning Director

52.   Accept and file status update on the Planning Commission's review of the RMC Pacific Materials/Davenport Cement Plan operating permit No. 88-0188 and direct the Planning Department to return on or before February 24, 2004 with a further report, as recommended by the Acting Planning Director

53.   Accept improvement for the 2002/2003 Pavement Management Digout Project; approve final cost in the amount of $332,498.29; and take related action, as recommended by the Director of Public Works

54.   Authorize payment in the amount of $931.06 to Quality Scale for prior fiscal year truck scale repair and calibration services for the Buena Vista Landfill and Ben Lomond Transfer Station, as recommended by the Director of Public Works

55.   Schedule a public hearing on Tuesday, November 18, 2003, on the morning agenda, at 9:00 a.m. or thereafter to consider adoption of a resolution authorizing the placement of three road bumps on Monterey Drive and direct Public Works to mail the notice of public hearing to the residents of Monterey Drive, as recommended by the Director of Public Works

56.   Approve final map of Tract 1443, Harbor Square; authorize the Director of Public Works to sign the Subdivision Agreement; and take related action, as recommended by the Director of Public Works

57.   Approve amendment to agreement with Monica Burke increasing compensation by $25,000 for a not-to-exceed amount of $75,000 for grant writing services 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

58.   Approve Request for Proposal to develop the landfill gas resources at the Buena Vista Landfill; authorize distribution of the proposer's list; and direct Public Works to return on or before February 10, 2004, with a status report on the selection process and the anticipated completion date, as recommended by the Director of Public Works

59.   Approve amendment to agreement with Waste Management of Santa Cruz County to provide for commingled collection of curbside recycling and authorize the Director of Public Works to sign agreement on behalf of the County, as recommended by the Director of Public Works

60.   Declare as surplus, two balers; direct General Services to assist in the transfer of this equipment to Craig Radach; approve independent contractor agreement with Craig Radach for purchase of recycling equipment for a not-to-exceed amount of $17,729; and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

61.   Approve 2003/2004 Public Art Plan as presented by the Arts Commission, as recommended by the Director of Parks, Open Space and Cultural Services

62.   Accept $300,000 from the State Coastal Conservancy Access Program for the 26th Avenue Stairway project; accept seven offers of dedication; and take related actions, as recommended by the Director of Parks, Open Space and Cultural Services

63.   Adopt Resolution of Intent to Amend the Boundaries and the Scope and Purposes of County Service Area No. 11, Lompico Community Zone of Benefit (CSA No. 11 "L"); schedule a public hearing on Tuesday, December 9, 2003, on the morning agenda, at 9:00 a.m. or thereafter to amend the geographic boundaries and provide additional services; and direct the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

64.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing totaling $75,000 for the cost of public art for the Live Oak Library project and take related actions, as recommended by the Redevelopment Agency Administrator


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

65.   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.: Arreola, et al. v. County of Monterey, et al. Monterey County Superior Court Case No. 105611

Case Name/No.: Monterey County Water Resources Agency v. County of Santa Cruz, et al. San Benito County Superior Court Case No. 228382

Case Name/No.: County of Santa Cruz v. RDA of City of Santa Cruz Santa Cruz County Superior Court Case No. CV 146818

Case Name/No.: KMart Corp. v. Anchorage Alaska Municipal Tax Assessor, et al. U.S. Bankruptcy Court, Northern District, Illinois, Case NO. 02-B02474

Case Name/No.: Barton Barnhill v. County of Santa Cruz WCAB No. SAL 75837

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
APN 40-181-06, 07 and 09
Negotiating parties (not agents): Scott Loichinger, Public Works, and Steve Carmichael

CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Director of Personnel
Employee organization: Health Care Profession 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

65.1   Approve contract with Shilts Consultants, Incorporated in an amount not-to-exceed $68,900 to conduct tenant survey and assessment engineering study for the Mosquito and Vector Control County Service Area (CSA) No. 53, and take related actions, as recommended by the Agricultural Commissioner


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

66.   Consider selection of Kipp Kobayashi and Noel Korten as the public artists for the Live Oak Public Library project and consider the associated contract with Mr. Kobayashi
a. Letter of the Director of Parks, Open Space and Cultural Services of October 15, 2003
b. Call to Artists
c. Art Proposal
d. Contract


67.   Public hearing to consider recommendation of the Agricultural Policy Advisory Commission amending County Code Chapter 16.50 to incorporate elements of a model right-to-farm ordinance into the existing Agricultural Land Preservation and Protection ordinance
a. Letter of the Acting Planning Director of October 23, 2003
b. Resolution Approving Amendments to Chapter 16.50
c. Ordinance amending County Code Chapter 16.50
d. Discussion of Issues
e. Notice of Exemption from CEQA
f. Ordinance (strike-out/underline)
g. APAC resolution and recommended draft
h. Minute Order of November 4, 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.