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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
December 9, 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 November 18, 2003 and November 25, 2003, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of November 20, 2003 through December 3, 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 Eric J. Lawson, No. 304-050, and refer to County Counsel

11.   Reject the claim of Gregory Nicholas Steshenko, No. 304-053, and refer to County Counsel

12.   Adopt resolution authorizing the sale of Series B General Obligation Bonds in the amount of $8,000,000 for the Soquel Union Elementary School District, as recommended by the Auditor-Controller

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.   Accept and file Statement of Assets in the County Treasury on September 22, 2003, as recommended by the Auditor-Controller

15.   Instruct the Auditor to issue replacement warrants in the total amount of $4,544.20 to replace specified uncashed and staledated warrants, as recommended by the Auditor-Controller

16.   Adopt resolution accepting and appropriating State-County Property Tax Administration Grant Program funds; approve independent services agreement with Appleby and Company, Incorporated in the amount of $80,950 to integrate the Recorder-Assessor electronic interface into the Assessor's workflow system; and take related actions, as recommended by the Assessor

17.   Approve revisions to the County Procedures Manual and take related actions, as recommended by the County Administrative Officer

18.   Approve transfer of funds within the Liability Fund and adopt a resolution Declaring Intention to Reimburse Expenditures, as recommended by the County Administrative Officer

19.   Adopt resolution establishing a .32% per annum simple interest rate on tenant's rental security deposits, effective January 1, 2004 and take related actions, as recommended by the County Administrative Officer

20.   Approve contract with Theresa Shook to serve as code compliance hearing officer for the period of December 10, 2003 through December 31, 2007, as recommended by the County Administrative Officer

21.   AS THE BOARD OF DIRECTORS OF THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT, adopt a Resolution of the Board of Supervisors Declaring Intention to Reimburse Expenditures, as recommended by the County Administrative Officer

22.   Deny claim of James Fulkerson for partial property tax refund and refer the matter to County Counsel, as recommended by County Counsel

23.   Defer report on adoption of the 2000 Urban Wildland Intermix Code to January 6, 2004, as recommended by the Emergency Services Administrator

24.   Authorize extension of 1.0 limited term Housing Rehabilitation Construction Specialist to August 31, 2004, as recommended by the Emergency Services Administrator

24.1   Defer annual report on Emergency Response Fee to December 2004 as a result of delayed implementation, as recommended by the Emergency Services Administrator

25.   Reject all bids submitted for Rountree Water System Improvements project, received on November 18, 2003, and direct General Services to return with a request to re-advertise for this project on or before January 13, 2004, as recommended by the Director of General Services

26.   Accept and file report on the County's Employee Wellness and Return to Work Programs, as recommended by the Personnel Director and Risk Manager

27.   Authorize the Sheriff-Coroner to enter into and sign the Sexual Assault Nurse Examiners agreement between Catholic Healthcare West dba Dominican Hospital and the County of Santa Cruz, as recommended by the Sheriff-Coroner

28.   Adopt resolution in support of "The 2004 Local Taxpayers and Public Safety Protection Act" to protect local government revenues, and take related actions, as recommended by Supervisor Beautz

29.   Direct the Personnel Director to investigate the proposal on the Health Care Flexible Spending Accounts Program and return to the Board with a report and recommendations no later than February 3, 2004, as recommended by Supervisor Wormhoudt

29.1   Accept nomination of Linda Byrum for appointment to the Domestic Violence Commission, as an at-large representative of survivors of domestic violence, for a term to be staggered by lot, with final appointment to be made January 6, 2004, as recommended by Supervisor Wormhoudt

30.   Request the Planning Commission to exercise its discretion, pursuant to County Code Section 13.10.124(b), to refer Applications 01-0094 and 01-0447 to the Board of Supervisors for consideration, as recommended by Supervisor Pirie

31.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, authorize the expenditure of up to $6,500 in support of Action Pajaro Valley's Pajaro River Task Force consensus building process from the District's General Engineering budget, which includes ratification of an earlier request from Action Pajaro Valley in the amount of $1,500, as recommended by Supervisor Pirie

32.   Approve appointment of David Zweig to the Deferred Compensation Advisory Commission, as the representative of the Treasurer-Tax Collector, as recommended by Chairperson Pirie

33.   Approve appointment of Francie Newfield to the Long Term Care Interagency Commission, representing Multi-Purpose Senior Services, for a term to expire April 1, 2004, as recommended by Chairperson Pirie

 

HEALTH AND SOCIAL SERVICES

34.   Accept and file report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

35.   Adopt resolution accepting and appropriating unanticipated federal Medicaid revenue into the Health Services Agency budget; approve master agreement with community agencies for Targeted Case Management Medicaid program; and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

36.   Adopt resolution accepting and appropriating $120,411 in unanticipated federal revenue into the Public Health budget and restore three Public Health Nurse positions in the Health Services Agency budget that were scheduled for deletion on January 3, 2004, as recommended by the Health Services Agency Director

37.   Adopt resolution accepting and appropriating $9,000 in federal revenue; approve agreements with the State Coastal Conservancy and the US Environmental Protection Agency (EPA) to address water quality issues in the San Lorenzo River; approve an agreement with Molecular Epidemiology to conduct water quality sampling services and authorize the Health Services Agency Director to sign agreements, as recommended by the Health Services Agency Director

38.   Approve revised master agreements for Licensed Clinical Social Worker/Marriage and Family Therapist, Psychologist, and Clinic Provider and authorize the Health Services Agency to sign, as recommended by the Health Services Agency Director

39.   Accept and file report on Long Term Care Integration and Adult Day Health Center in South County, as recommended by the Health Services Agency Director

40.   Accept and file report on the Children and Youth Commission and direct the Health Services Agency to work with County Counsel and report on the status of the merger between Children and Youth Commission and Children's Network on or before February 24, 2004, as recommended by the Health Services Agency Director

41.   Accept and file report on the Medical Marijuana Identification Card Program, as recommended by the Health Services Agency Director

42.   Authorize the Health Services Agency to submit a letter of intent to the State Department of Health Services for the National Hospital Bioterrorism Preparedness funds in the amount of $281,339, as recommended by the Health Services Agency Director

43.   Adopt resolution accepting and appropriating $281,300 in unanticipated state and federal revenue; approve amendment to the agreement with Santa Cruz Community Counseling Center and an agreement with the Pajaro Valley Prevention and Student Assistance for mental health treatment services; and take related actions, as recommended by the Health Services Agency Director

44.   Approve agreement with the Homeless Community Resource Center for the provision of the Food Stamp Employment and Training Program in the amount of $64,389 and take related actions, as recommended by the Human Resources Agency Director

45.   Approve an agreement with the City of Sunnyvale in the amount of $57,735 for nurses training and authorize the Human Resources Agency Director to sign the contract, as recommended by the Human Resources Agency Director

46.   Approve and authorize the Human Resources Agency Director to sign contract amendment with Community Bridges to increase the contract amount by $2,000 per year through fiscal year 2004/2005, as recommended by the Human Resources Agency Director

47.   Accept and file report on Community Programs Outcomes Reporting; adopt proposed Community Programs Outcomes Reporting Work Plan (on file with the Clerk); and return to the Board with a progress report on Community Programs outcomes reporting requirements on May 25, 2004, as recommended by the Human Resources Agency Director

48.   Adopt resolution accepting and appropriating $300,000 in unanticipated revenue from the State Office of Child Abuse Services for the Father Involvement Initiative; authorize the Human Resources Agency Director to sign the grant agreement with California Department of Social Services for the project; and authorize the Human Resources Agency Director to execute the associated contract with the Santa Cruz Community Counseling Center, as recommended by the Human Resources Agency Director

49.   Adopt resolution accepting and appropriating $6,170 in unanticipated revenue from the California State Fraud Prevention program and $8,931.61 from the California State Automobile Association; approve fixed asset purchase of one specialty vehicle for undercover fraud detection for Human Resources Agency Special Investigation Unit; and adopt resolution accepting unanticipated revenue for the fixed asset purchase of one vehicle, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

50.   Review and approve Conditions of Approval for Santa Cruz Gardens #12 Project, Application 96-0221, Tract 1472, as recommended by the Planning Director

51.   Accept and file report on Hansen Information Technologies Permit Tracking System software implementation to replace the Automated Land Use System (ALUS), as recommended by the Planning Director

52.   Approve amendment to agreement with Bowman and Williams increasing compensation by $400 for engineering services for County Service Area (CSA) No. 13, and authorize the Director of Public Works to sign the agreement on behalf of the CSA, as recommended by the Director of Public Works

53.   Approve Contract Change Order in the amount of $10,685 for the Huckleberry Woods - County Service Area (CSA) No. 15 Road Maintenance project (5th District); authorize the Chairperson of the Board to sign the change order on behalf of the County; and take related action, as recommended by the Director of Public Works

54.   Accept and file report on the Harkins Slough Road Bridge project, as recommended by the Director of Public Works

55.   Adopt resolution accepting unanticipated revenue in the amount of $46,328 from the California Integrated Waste Management Board for a Reuse Assistance Grant awarded to promote computer reuse, as recommended by the Director of Public Works

56.   Approve independent contractor agreement with GeoSyntec Consultants, Incorporated for a not-to-exceed amount of $393,060 for solid waste consultant engineering services, and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

57.   Approve contract change order in the amount of $30,121.21 for the Brommer Street Improvements Phase II project; make findings that improvements are of benefit to the project area; authorize the Chairperson of the Board to the sign change order; and take related action, as recommended by the Director of Public Works

58.   Approve independent contractor agreement with Monica Burke Consulting for Northern and Coastal California Water Bond Initiative Coalition consultant services for a not-to-exceed amount of $33,264, and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

59.   Accept status report of the Joint Powers Facilities Construction Agreement between the County and Cabrillo College for Soquel Drive and Cabrillo College Drive Roadway Improvements; direct the Department of Public Works to report back on or before June 8, 2004 on the closeout of the Joint Powers Facilities Construction Agreement, as recommended by the Director of Public Works

60.   Accept improvements for the Ben Lomond Transfer Station Loading Pit and Metallic Concrete Repair project; approve final cost in the amount of $209,317.20; and take related actions, as recommended by the Director of Public Works

61.   Authorize the Director of Public Works to make a partial release of the Faithful Performance Security submitted for Tract 1419, Mar Sereno Estates, as recommended by the Director of Public Works

62.   Accept improvement for Valencia Road Bridge Seismic Retrofit project; approve final cost in the amount of $362,237.72; and take related action, as recommended by the Director of Public Works

63.   Authorize payment in the amount of $6,850.18 to United Datatech Distributors and $39,392.75 to Philip Transportation and Remediation, Incorporated for prior fiscal year services in transportation, recycling and disposal of electronic waste, as recommended by the Director of Public Works

64.   Approve specifications (on file with the Clerk) and engineer's estimate for the Sudden Oak Death Hazardous Tree Removal project, Phase II; authorize calling for bids; set the bid opening for January 6, 2004 at 10:45 a.m.; and take related action, as recommended by the Director of Public Works

65.   Approve list of prioritized County roadway projects for submittal to the Santa Cruz County Regional Transportation Commission, as recommended by the Director of Public Works

65.1   Approve independent contractor agreement with Carolina Software for a not-to-exceed amount of $68,628 for installation, training and technical support for their WasteWORKS landfill and transfer station solid waste management software; authorize the Director of Public Works to sign the agreement on behalf of the County; and approve transfer of funds from structures and improvements to fixed assets and Public Works services, as recommended by the Director of Public Works

66.   Approve amendment to agreement with California Polytechnic State University increasing the amount by $45,000 for the installation of a bottomless arch culvert under Swanton Road at the Quesaria Creek crossing and take related action, as recommended by the Director of Public Works

67.   Accept and file the Final 2003/2004 Capital Improvement Program document; adopt resolution canceling estimated revenues and appropriations in the amount of $215,000; adopt resolution accepting and appropriating unanticipated revenue in the amount of $194,500; and direct Public Works to return on or before May 18, 2004, with the Proposed 2004/2005 Capital Improvement Program document, as recommended by Director of Public Works

68.   Ratify Contract Change Order No. 1 in the amount of $5,000 and Contract Change Order No. 1 in the amount of $9,900 and approve Contract Change Order No. 3 in the amount of $15,000 for excavation and testing at the Brommer and Felton Maintenance Yards; authorize the Chairperson of the Board to sign Contract Change Order No. 3 on behalf of the County; and take related action, as recommended by the Director of Public Works

69.   Approve plans, specifications (on file with the Clerk) and engineer's estimate for the Kings Creek Road Bridge Replacement project; authorize calling for bids; set the bid opening on January 27, 2004 at 10:45 a.m.; and direct the Clerk of the Board to take related action, as recommended by the Director of Public Works

70.   Approve proposed plan line and route concept for Cabrillo College Drive between Park Avenue and Twin Lakes Church access road and direct Public Works to include the plan line and route concept for Cabrillo College Drive in the Master Plan Line file, as recommended by the Director of Public Works

71.   Accept and file report on the Relinquishment of the Pajaro River Levee project, as recommended by the Director of Public Works

72.   AS THE BOARD OF THE DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, approve the amendment to agreement with Green Line Underground Video for sewer main video inspection to extend the term of the contract to June 30, 2004, as recommended by the Director of Public Works

73.   AS THE BOARD OF THE DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, accept and file report on the Relinquishment of the Pajaro River Levee project, as recommended by the District Engineer

74.   AS THE BOARD OF THE DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, approve payment to the Pajaro Valley Water Management Agency in the amount of $6,055 for the repair of the Harkins Slough Pump Station, as recommended by the District Engineer

75.   AS THE BOARD OF THE 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, as recommended by the District Engineer

76.   Direct the Parks Department to report back on or before January 27, 2004 with final recommendations regarding acceptance of the Coastal Conservancy funding agreement for the 26th Avenue Beach Access Stairway, as recommended by the Director of Parks, Open Space and Cultural Services

77.   Approve amendment to the Lewis Tree Service contract to increase compensation in the amount of $10,000 for fiscal year 2003/2004 and authorize the Director of Parks, Open Space and Cultural Services to sign the agreement on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

78.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve independent contractor agreement with Tri-B, Incorporated in an amount not-to-exceed $245,000 for construction administration services for the Live Oak Library project and take related actions, as recommended by the Redevelopment Agency Director


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

79.   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.: Mendes v. County of Santa Cruz Santa Cruz County Superior Court No. 146070

Case Name/No.: Kathryn Canlis v. Civil Service Commission of Santa Cruz County Court of Appeal No. H0 25054

Case Name/No.: Alan Johnson v. County of Santa Cruz and Kathryn Canlis Federal District Court of Northern California Case No. C 02 0441 JW

Case Name/No.: Maria Rangel v. County of Santa Cruz Workers Compensation Appeals Board No. SAL 87107

Case Name/No.: Ramona Pursley v. County of Santa Cruz Workers Compensation Appeals Board Nos. SAL 88213, SAL 88214

PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Position Title: County Administrative Officer
Position Title: 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.



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

80.   Continued public hearing to consider amending Santa Cruz 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 Planning Director of November 24, 2003
b. Attachment 1: Resolution Approving Amendments to Chapter 16.50
c. Attachment 2: Ordinance amending County Code Chapter 16.50
d. Attachment 3: Notice of Exemption from CEQA
e. Attachment 4: Ordinance (strike-out/underline)


81.   Public hearing to consider the adoption of Resolution amending the boundaries and the scope and purpose of County Service Area No. 11, Lompico Community Zone of Benefit (CSA No. 11 "L") to provide additional types of extended services and to consider related special tax
a. Letter of the Director of Parks, Open Space and Cultural Services of November 17, 2003
b. Resolution Amending Boundaries and the Scope and Purposes of CSA No. 11
c. Exhibit B: Resolution Calling and Providing for a Special Election


82.   Public hearing to consider recommendation of the Planning Commission to rezone certain properties to or from the Historic Landmark (L) combining district
a. Letter of the Planning Director of November 21, 2003
b. Attachment 1: Ordinance
c. Attachment 2: Notice of Exemption (CEQA)
d. Attachment 3: Maps
e. Attachment 4: Planning Commission Minutes and Resolution
f. Attachment 5: June 10, 2003, Board Minute Order


83.   Public hearing to consider Application No. 01-0173, a proposal to rezone Assessor's Parcel Numbers 089-121-82 and 83 from the Special Use (SU) and Public Facilities (PF) zone districts to the Timber Production (TP) zone district; requires a Rezoning; the property is located on the southeast side of Bear Creek road just north of Hopkins Gulch and on the east side of Bear Creek Estates No. 4, Boulder Creek; no situs; Applicant Gary Paul; Owner: Bringhurst LLC
a. Letter of the Planning Director of November 18, 2003
b. Attachment 1: Ordinance
c. Attachment 2: CEQA Exemption
d. Attachment 3: Agreement Concerning Application for Rezone to Timber Production Zone District
e. Attachment 4: Declaration of Restrictions
f. Attachment 5: Rezoning Findings
g. Attachment 6: Planning Commission Staff Report of August 27, 2003
h. Attachment 7: Planning Commission Minutes of August 27, 2003
i. Attachment 8: Planning Commission Resolution 14-03


84.   Public hearing to consider amendments to the Unified Fee Schedule
a. Letter of the County Administrative Officer of November 25, 2003
b. Resolution with Exhibit A
c. Revisions of the Agricultural Commissioner
d. Revisions of the County Administrative Office/Clerk of the Board
e. Revisions of the Human Resources Agency
f. Revisions of the Parks, Open Space and Cultural Services
g. Revisions of the Public Works Department
h. Revisions of the Redevelopment Agency


85.   Continued public hearing to consider the 2004 Growth Goal
a. Letter of the Planning Director of November 24, 2003
b. Attachment 1: Growth Goals Resolution
c. Attachment 2: 2004 Growth Goals Report
d. Attachment 3: Notice of Exemption
e. Attachment 4: Planning Commission Resolution 19-03

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.