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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
November 18, 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 November 4, 2003, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of October 30, 2003 through November 12, 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 Pete and Ikuyo Pearson, No. 304-042, Amended, and refer to County Counsel

11.   Reject the claim of Lynn Macy, No. 304-043, and refer to County Counsel

12.   Reject the claim of Stephanie Cherin, No. 304-047, and refer to County Counsel

13.   Accept and file audit report on the Juvenile Crime Enforcement and Accountability Challenge Grant II for the fiscal years ended June 30, 2003, 2002, 2001, and 2000, as recommended by the Auditor-Controller

14.   Continue the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services to February 24, 2003, as recommended by the County Administrative Officer

15.   Accept and file report on Direct Recording Equipment (DRE) voting systems, as recommended by the County Clerk

16.   Award contract to Joseph J. Albanese, Incorporated in the amount of $52,334 for the Parking Lot Paving - 265 Water Street project; authorize the General Services Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; authorize the General Services Director to approve change orders and encumber $5,233.40 in addition to the contract amount; and take related fiscal action, as recommended by the Director of General Services

17.   Accept the Roofing Membrane Component of the Building Envelope Repairs project at the Health and Human Services Building as complete; approve final cost in the amount of $157,374; and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

17.1   Approve and ratify agreement with Mobile Modular Management Corporation for the removal and delivery, installation, modification and leasing of two modular buildings for the County Courts; adopt resolution accepting and appropriating unanticipated revenue from the Courthouse Construction Fund to finance the full term of the lease agreement and related one time expenses, as recommended by the Director of General Services

18.   Adopt resolution to implement a classification and salary action in the Santa Cruz County Regional Transportation Commission, as recommended by the Director of Personnel

19.   Approve Memorandum of Understanding (MOU) for the Health Care Professional Unit (HCPU); adopt resolutions to implement provisions of the agreement; and authorize the Personnel Director to sign the MOU, as recommended by the County Administrative Officer and the Personnel Director

20.   Adopt resolution accepting and appropriating unanticipated revenue from the Rural Crimes Trust Fund and Federal Asset Forfeiture Trust Fund in the amount of $20,152.25 and approve purchase of various law enforcement fixed assets, as recommended by the Sheriff-Coroner

21.   Accept Treasurer's monthly Cash Report and Transaction Report for the period ending October 31, 2003 and take related action, as recommended by the Treasurer-Tax Collector

22.   Accept nomination of Michael W. Keogh for reappointment to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large appointee, for a term to expire December 31, 2007, with final appointment to be made November 25, 2003, as recommended by Supervisor Beautz

23.   Accept notification of at-large vacancy on the Domestic Violence Commission, for a representative of survivors of domestic violence, with nominations to be received on December 9, 2003, and final appointment to be made January 6, 2004, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

24.   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

25.   Approve agreement with Salud Para La Gente for pharmacy start-up funding in the amount of $110,000 and ongoing pharmacy services at various pricing and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

26.   Accept and file report on Project Connect staffing, as recommended by the Health Services Agency Director

27.   Authorize payment of prior year invoices totaling $2,769.34, as recommended by the Health Services Agency Director

28.   Accept and file report on Clinic and MediCruz operations; direct the Health Services Agency to provide recommendations on night and after hours access to clinics on February 4, 2004; and take related actions, as recommended by the Health Services Agency Director (continued from October 21, 2003, Item No. 45)

29.   Authorize the Health Services Agency Director to sign agreements for the Federal Juvenile Drug Court Grant, the State Comprehensive Drug Court Initiative Grant, and the State Drug Court Partnership Grant; authorize Health Services to negotiate amendments to agreements with Pajaro Valley Prevention and Student Assistance and the University of California, San Francisco; approve the addition of one Deputy Probation Officer II; and take related actions, as recommended by the Health Services Agency Director and the Chief Probation Officer

30.   Approve contract with the Employment Development Department for reception services in the amount of $59,028 for the Career Center at Watsonville, and authorize the Human Resources Agency Director to sign the contract on behalf of the County, as recommended by the Human Resources Agency Director

31.   Adopt resolutions approving amendments to agreements with the California Department of Education regarding subsidized child care services for families in our community by increasing one contract amount by $297,406 and decreasing another contract amount by $409,385, as recommended by the Human Resources Agency Director

32.   Approve agreement with the Homeless Community Resource Center for the provision of the Food Stamp Employment and Training Program for the period of October 1, 2003 to September 30, 2004 in the amount of $44,190 and take related actions, as recommended by the Human Resources Agency Director

33.   Defer report back on the Public Guardian fees for services to November 25, 2003, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

34.   Schedule a public hearing on Tuesday, December 9, 2003, on the morning agenda, to consider recommendation of the Planning Commission to rezone certain properties to or from the Historic Landmark (L) combining district, as recommended by the Acting Planning Director

35.   Approve gross pay adjustment in the amount of $658.40 for an employee in the Planning Department, as recommended by the Acting Planning Director

36.   Accept and file report on residential uses in the Public Facilities zone district and take related actions, as recommended by the Acting Planning Director

37.   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

38.   Accept and file report on the development of the FishNet 4C cooperative operations and maintenance manual "Guidelines for Protecting Aquatic Habitat and Salmon Fisheries for County Operations and Maintenance Activities," and direct Public Works to return in April 2004 with the final draft to be adopted, as recommended by the Director of Public Works

39.   Accept and file report on the management of Sudden Oak Death infected material and direct Public Works to work with the University of California, Division of Agricultural and Natural Resources to implement a Sudden Oak Death material collection, processing and research program at the Ben Lomond Transfer Station, as recommended by the Director of Public Works

40.   Approve amendment to agreement with Kinnetics Laboratories/ToxScan, Incorporated, for implementation of a storm water treatment system monitoring plan for the 30th, 32nd, and 33rd Avenue Storm Drain, Sanitary Sewer, and Sidewalk Improvements to increase the amount by $20,040 for a total not-to-exceed amount of $40,600, 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

41.   Adopt resolution for right-of-way acquisition for the Davenport Underground Utility project; approve payment of claim; and authorize the Director of Public Works to sign the contract, as recommended by the Director of Public Works

42.   Approve Program Supplement in the amount of $184,848 in revenue for the Kings Creek Road Bridge Replacement project; adopt resolution authorizing execution of an agreement between the State of California and the County of Santa Cruz for design engineering and replacement of said bridge; authorize the Director of Public Works to sign the original and duplicate original on behalf of the County; and take related actions, as recommended by the Director of Public Works

43.   Adopt resolution approving the filing of grant applications in the amounts of $50,000 for Amesti Road and $100,000 for Calabasas Road for funds from the Bicycle Transportation Account Program, as recommended by the Director of Public Works

44.   Authorize distribution of the Request for Proposals for Environmental Consulting Services for the County of Santa Cruz Phase II - San Lorenzo River Road-Related Erosion Assessment and Prevention project and direct Public Works to return on January 6, 2004, with a final consultant contract, as recommended by the Director of Public Works

45.   Approve independent contractor agreement with Parsons Brinckerhoff Construction Services, Incorporated in the total not-to-exceed amount of $192,957 for construction administration and inspection services required for the construction of two Kings Creek Road Bridges and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

46.   Make findings that the imposition of the Trench Cut Cost Recovery Fee is inconsistent with the contract with Pacific Gas and Electric Company and SBC and therefore exempt them from paying trench cut fees, as recommended by the Director of Public Works

47.   Accept and file report on time keeping in the Department of Public Works' Water/Wastewater Division, as recommended by the Director of Public Works

48.   Direct the Parks Department to amend the Joint Powers Agreement with the Bonny Doon Union Elementary School District to include an additional $75,000 for a total contract amount of $180,000 and transfer $75,000 within Bonny Doon Parks Dedication Fund from Land Other to Structures and Improvements to fund the additional renovations to the Bonny Doon Sport Field, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing of storm water treatment monitoring study for the amount of $21,443 for the Avenues Drainage project and take related actions, as recommended by the Redevelopment Agency Administrator

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

50.   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.: County of Santa Cruz v. RDA of the City of Scotts Valley Santa Cruz County Superior Court Case No. 146816

Case Name/No.: Claudia Lynch v. County of Santa Cruz, Kelly Forman, Francine Nickell United States District Court No. C03-04524

Case Name/No.: Delina Ferretti, et al. v. Diane Everstine, et al. Santa Clara County Superior Court No. CV 804650

Case Name/No.: Will Couchie v. County of Santa Cruz WCAB No. SAL 87965, SAL 97966

REPORT OF COUNTY COUNSEL - will be given at the conclusion of the closed session on any reportable action(s) taken in the closed session.

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

51.   Consider County's participation in the Second Harvest Food Bank Holiday Food Drive for 2003, as well as, continued participation on an annual basis and establish November 10, 2003 through December 5, 2003 as the period for contributions to be the food drive at County facilities
a. Letter of the County Administrative Officer of November 4, 2003
52.   Continued public hearing to consider the Coastal Commission's modifications and related revisions to the Wireless Communication Facilities (WCF) Ordinance
a. Letter of the Acting Planning Director of November 13, 2003
b. Resolution Approving Most of Coastal Commission's Suggested Modifications, plus Staff Revisions, to WCF Ordinance with Exhibits 1-A and 1-B
c. Ordinance Amending WCF Ordinance
d. Ordinance Amending Zoning Ordinance Uses Charts
e. Coastal Commission August 6, 2003 Staff Report
f. Coastal Commission Staff Report Addendum
g. CEQA Categorical Exemption
h. Possible Revision to Allow WCF's in Right-of-Way of First Public Through Road Parallel to Coast
53.   Public hearing to consider proposed road bump installation on Monterey Drive, Aptos and consider related actions
a. Letter of the Director of Public Works of November 13, 2003
b. Attachment 1: Alternative Road Bump Designs
c. Letter of July 18, 2003 from Aptos/La Selva Fire Protection District
d. Road Bump Location Map
e. Road Bump Alternatives
54.   Public hearing to consider ordinance adding Chapter 5.41 to the Santa Cruz County Code related to point-of-sale system registration
a. Minute Order of November 18, 2003
b. Letter of the Agricultural Commissioner of October 30, 2003
c. Attachment 1 - Ordinance
d. Attachment 2- Resolution
55.   Public hearing to consider Application 02-0554, the proposal to rezone Assessor's Parcel Number 107-081-12 from the Special Use (SU) zone district to the Timber Production (TP) zone district; requires a rezoning; property is located on the south side of Rider Road about 0.7 miles west from Eureka Canyon Road at 333 Rider Road, Corralitos; Applicant: Jim Hildreth; Owner: S. and Caroline Swaminathan
a. Letter of Acting Planning Director of October 30, 2003
b. Findings
c. CEQA Exemptions
d. Planning Commission Resolution 17-03
e. Agreement
f. Declaration of Restrictions
g. Ordinance
h. Planning Commission Staff Report of August 27, 2003
i. Planning Commission Minutes of August 27, 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).

56.   10:45 A.M. SCHEDULED ITEM

Bid opening for Rountree Water System Improvements Project

a. Letter of the Director of General Services of October 14, 2003
57.   1:30 P.M. SCHEDULED ITEM

Continued public hearing to consider a proposal to: 1) Create a subdivision for nine single-family lots and a remainder parcel to be dedicated for a biotic conservation easement; 2) Change the existing zoning of "SU" (Special Use) to the "R-1-6" (Single-family Residential, minimum lot size 6,000 square feet) zone district for the area to be subdivided into residential lots and to the "PR" (Parks, Recreation and Open Space) zone district for the conservation easement parcel; and 3) Change the General Plan land use designation of "Urban Low Density Residential" to "Resource Conservation" on the conservation easement parcel, for property located at the northern terminus of Benson Avenue about 2,100 feet northeast from Thurber Lane in the Santa Cruz Gardens area of Live Oak

a. Minute Order of November 18, 2003
b. Letter of the Acting Planning Director of October 30, 2003
c. Board Minute Order of October 21, 2003, Item No. 69
d. Staff recommended conditions of approval
e. Applicant's recommended conditions of approval (revised)
f. Board Letter from Agenda date of October 21, 2003 (on file with the Clerk)
g. Letter from Jonathan Wittwer, dated October 21, 2003
h. Letter from Rich Beale, dated October 20, 2003
i. Project Plans (on file with the Clerk)

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.