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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
March 16, 2004

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
 7:00
  • Zone 7 Meeting (Watsonville City Council Chambers)

  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 Consent or Regular 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 March 2, 2004, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of March 4, 2004 through March 10, 2004 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 Arkadiusz Juszkiewicz, No. 304-083, and refer to County Counsel

11.   Reject the claim of Laurie Lasker, No. 304-084, and refer to County Counsel

12.   Reject the claim of Richard O. Wood, Jr. No. 304-087, and refer to County Counsel

13.   Amend resolution authorizing the Auditor-Controller to issue new warrants to replace void warrants without prior individual order of the Board of Supervisors by extending the period after which a warrant is void from six months to one year, and by increasing the amount from $2,500 to the actual amount of the original warrant, as recommended by the Auditor-Controller

14.   Instruct the Auditor-Controller to issue replacement warrants in the total amount of $5,591.07 to replace uncashed and stale dated warrants, as recommended by the Auditor-Controller

15.   Approve Settlement Agreement and future payments to the County by City of Capitola in County of Santa Cruz v. Redevelopment Agency of the City of Capitola, as recommended by County Counsel

16.   Accept report in Big Creek Lumber Company, et al. v. County of Santa Cruz, et al., announcing the authorization of the filing of a petition for review by the California Supreme Court, as recommended by County Counsel

17.   AS THE BOARD OF DIRECTORS OF THE MID-COUNTY GEOLOGIC HAZARD ABATEMENT DISTRICT, adopt resolution annexing Assessor's Parcel Number 065-144-15 into Zone 4 of the District: authorize purchase of the parcel utilizing Flood Mitigation Assistance Grant funds; and take related actions, as recommended by the Emergency Services Administrator

18.   Award contract to Sanchez Grading in the amount of $189,549 for the Mesa Village Park-Play Area Improvements project; authorize the General Services Director to notify the contractor and sign the contract agreement and associated documents; authorize the General Services Director to approve change orders; and take related fiscal action, as recommended by the Director of General Services

19.   Award contract to Sanchez Grading in the amount of $106,907 for the Felton Covered Bridge Park-Play Area Improvements project; authorize the General Services Director to notify the contractor and sign the contract agreement and associated documents; authorize the General Services Director to approve change orders and encumber $10,690.70; and take related fiscal action, as recommended by the Director of General Services

20.   Accept and file report on IRS Changes Affecting the Transfer of Accrued Leave Balances Into Deferred Compensation At Time of Employment Separation, as recommended by the Personnel Director and the Auditor-Controller

21.   Approve VertiQ Software License Agreement purchase for the Coroner's Unit in the amount of $28,800 and authorize the Sheriff-Coroner to sign the agreement on behalf of the County, as recommended by the Sheriff-Coroner

22.   Accept Treasurer's monthly Cash Report and Transaction Report for the period ending February 29, 2004 and take related action, as recommended by the Treasurer-Tax Collector

22.1   Approve appointment of Myrna Britton as the Fifth District alternate representative to the Planning Commission, for a term to expire January 3, 2005, as recommended by Supervisor Stone

23.   Approve appointment of Sergeant Donna Lind to the Domestic Violence Commission, as the representative of the Santa Cruz County Law Enforcement Chief's Association, as recommended by Chair Wormhoudt

24.   Approve appointment of various persons to the Long Term Care Interagency Commission, as at-large representatives in the categories indicated, for terms to expire April 1, 2008, with final appointment to be made March 23, 2004, as recommended by Chair Wormhoudt

 

HEALTH AND SOCIAL SERVICES

25.   Approve amendment to agreement with Community Alliance with Family Farmers, for health education services, increasing the contract to $121,814 and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

26.   Approve amendments to agreements with 7th Avenue Center, increasing the daily rate to $145.06 and changing the name Rafael Estrada to Estrada Consulting Incorporated and changing the hourly rate; and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

27.   Adopt resolution supporting the March for Women's Lives and authorize the Chief of Public Health to serve as the County's representative at the march on April 25, 2004, at no cost to the County, as recommended by the Health Services Agency Director

28.   Authorize a contract amendment with Gov/Connect, Incorporated to extend the term of the contract through June 30, 2004 for information services, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

29.   Authorize the Director of Public Works to make a partial release of the Faithful Performance Security in the amount of $42,000 submitted for Tract 1409, Atherton Place (Phase I), as recommended by the Director of Public Works

30.   Accept and file report on alternative traffic calming devices, as recommended by the Director of Public Works

31.   Adopt resolution supporting the El Rancho Drive Storm Damage Repair and Highway 17 Retaining Wall Retrofit project; authorize the Director of Public Works to sign the CALTRANS Transportation Finance Bank Revolving Loan Program to secure a loan of $600,000 and the application for the STIP AB 3090 to repay the loan with a future STIP allocation; and direct the Department of Public Works to return to the Board on or before April 27, 2004 for approval of project plans and specifications for the project, as recommended by the Director of Public Works

32.   Accept and approve engineer's report for County Service Area (CSA) No. 23, Zone C, Old Ranch Road, CSA No. 28, Lomond Terrace, CSA No. 47, Braemoor Drive and CSA No. 58, Ridge Drive; adopt Resolutions of Intent to Authorize and Levy an Assessment for Road Maintenance and Operations; approve notices of public hearing, ballot procedures, and ballots for the proposed increased 2004/2005 assessments; schedule a public hearing for Tuesday, May 4, 2004, on the morning agenda, at 9:00 a.m. or thereafter; direct the Clerk of the Board to publish a summary notice of the public hearing; and direct Public Works to mail ballots to the record owners of properties, as recommended by the Director of Public Works

33.   Approve independent contractor agreement with Ecology Action for an educational project promoting green building materials, for a not-to-exceed amount of $24,987; authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

34.   Adopt resolution setting Tuesday, May 4, 2004 at 9:00 a.m. or thereafter as the date and time for a public hearing on County Service Area (CSA) No. 5, Sand Dollar and Canon Del Sol for proposed increases in sewer service fees; approve the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; direct Public Works to mail notice to all affected property owners within CSA No. 5; and take related action, as recommended by the Director of Public Works

35.   Adopt resolution setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 2, Place de Mer for proposed increases in sewer service fees; approve the notice of public hearing on proposed 2004/2005 increase for sewer service fees; direct Public Works to mail notice to all affected property owners within CSA No. 2; and take related action, as recommended by the Director of Public Works

36.   Adopt resolution setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 7, Boulder Creek for proposed increases in sewer service fees; approve the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; direct Public Works to mail out notice to all affected property owners within the CSA; and take related action, as recommended by the Director of Public Works

37.   Adopt resolution setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 10, Rolling Woods for proposed increases in sewer service fees; approve the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; direct Public Works to mail out notice to all affected property owners within CSA No. 10; and take related action, as recommended by the Director of Public Works

38.   Adopt resolution setting Tuesday, May 4, 2004, at 9:00 a.m. or thereafter, as the date and time for a public hearing on County Service Area (CSA) No. 20, Trestle Beach for proposed increases in sewer service fees; approve the notice of public hearing on the proposed 2004/2005 increase for sewer service fees; direct Public Works to mail out notice to all affected property owners within CSA No. 20; and take related action, as recommended by the Director of Public Works

39.   Approve construction agreement between the Pajaro Valley Unified School District (PVUSD) and the County of Santa Cruz to reimburse the County for costs associated with the installation of pedestrian railing on the existing State Route 1 overpass at Harkins Slough Road; adopt resolution accepting and appropriating unanticipated revenue in the amount of $60,865 from the PVUSD, as recommended by the Director of Public Works

40.   Accept improvement for the Brommer Street Improvements Phase II project; approve final cost in the amount of $559,740.41; and take related action, as recommended by the Director of Public Works

41.   Adopt resolution requesting that the State of California Department of Transportation permit the 15th Annual Boulder Creek Art and Wine Festival and the 15th Annual 4th of July Parade Highway 9 closure and approve road closure and festival, subject to conditions, as recommended by the Director of Public Works

42.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, schedule a public hearing on Tuesday, May 4, 2004 at 9:00 a.m. or thereafter to consider adoption of ordinances amending District Code for 2004/2005 fees for water service and sewer service; direct Public Works to mail the notice of public hearing; and take related actions, as recommended by the District Engineer

43.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, schedule a public hearing on Tuesday, May 4, 2004 at 9:00 a.m. or thereafter to consider adoption of an ordinance amending District Code for fees for sewer service for 2004/2005 in the Freedom County Sanitation District and take related action, as recommended by the District Engineer

44.   Direct the Parks Department to report back on or before Budget Hearings with final recommendations regarding the use of Proposition 40 Funds, as recommended by the Director of Parks, Open Space and Cultural Services

45.   Rescind the Board's action of January 13, 2004 authorizing the signing and recording of a Certificate of Acceptance for two Offers to Dedicate; adopt Resolution Clarifying Acceptance of Open Space Easement and Public Access Easement; and direct the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

 

ADDENDA

45.1   Accept nomination of Rama Khalsa, Cecilia Espinola, and Maria Castro for reappointment to the First 5 Commission, as at-large representatives pursuant to County Code Section 2.45.040, for terms to expire April 1, 2005, with final appointment to be made March 23, 2004, as recommended by Chair Wormhoudt

45.2   Approve appointment of Tearlach F. Sinclair to the Commission on Disabilities for a term to expire April 1, 2005, as recommended by Supervisor Beautz

45.3   Approve appointment of David W. Bridge to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

46.   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

Eric Pan v. Michael E. Barton and Lisa Agliano
Santa Cruz County Superior Court Case No. CV 148321

Case Name/No.: Nancy Coe v. County of Santa Cruz
Santa Cruz County Superior Court No. CV 139334

CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Director of Personnel
All Bargaining Units and Unrepresented Employees

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*****

47.   Public hearing to consider Application No. 03-0276, a proposal for a 40-unit affordable project; the property is located northwest of the Searidge Road and McGregor Drive intersection in the Seacliff area of Aptos; no situs; Assessor's Parcel No.: APN 038-081-34; Owner: South County Housing; Applicant: South County Housing/RJA & Associates (continued from March 9, 2004, Item No. 27)
a. Letter of the Planning Director of February 20, 2004
b. Findings
c. Conditions
d. CEQA Environmental Determination
e. Planning Commission Staff Report (on file with the Clerk)
f. Planning Commission Minutes
g. Project Plans (on file with the Clerk)
h. Location, Assessor's, and Priority Maps
i. Letter received February 10, 2004
j. Letter received February 23, 2004

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).

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, consider financing for the Seacliff Highlands Housing project in the amount of $2,559,700 and take related actions (continued from March 9, 2004, Item No. 28)
a. Letter of the Redevelopment Agency Executive Director of February 26, 2004
b. Resolution
49.   Public hearing to consider parking maintenance and operating charges for the Soquel Village Parking and Business Improvement District for the 2004/2005 fiscal year
a. Letter of the Redevelopment Agency Executive Director of March 4, 2004
b. 2003/2004 Annual Report
c. Resolution
50.   Public hearing to consider the proposal to rezone vacant parcels (portions of Assessor's Parcel Numbers 040-281-01, 02 and 03) from the Special Use (SU) zone district to the Timber Production (TP) zone district; requires a Rezoning; property is located on the north side of Sequoia Way about 1,000 feet north from Cathedral Drive and just north of 221 Sequoia Drive, Aptos; Applicant: Cassady Bill Vaughn; Owner: Timothy and Kristin Taylor
a. Letter of the Planning Director of February 26, 2004
b. Ordinance
c. CEQA Exemption
d. Agreement
e. Declaration of Restrictions
f. Findings
g. Planning Commission Staff Report of January 28, 2004
h. Planning Commission Minutes of January 28, 2004
i. Correspondence from Planning Commission Hearing
j. Planning Commission Resolution 01-04
51.   Continued public hearing on the matter of the imposition of liquidated damages for material breaches of Charter Communications Properties, LLC Franchise to provide cable television services (Material available Friday, March 12, 2004)
a. Letter of the County Administrative Officer
b. Rebuttal Staff Report
c. Proposed Resolution

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 the Issuance of Certificates of Participation to finance the settlement of the 1995 Pajaro River Flood litigation
a. Letter of the County Administrative Officer
b. Resolution of the Board of Supervisors
c. Various documents are on file with the Clerk


53.   AS THE SANTA CRUZ COUNTY PUBLIC FINANCING AUTHORITY, consider the Issuance of Certificates of Participation on Behalf of the County of Santa Cruz
a. Letter of the County Administrative Officer
b. Resolution of the Board of Supervisors
c. Various documents are on file with the Clerk


54.   Consider bid protest filed by Sonoma Engineering related to the Rountree Water System Improvements project; deny the bid protest; and direct the General Services Department to return on March 23, 2004 with a recommendation of award
a. Letter of the Director of General Services
b. Bid Protest Letter
c. Section 12.1 - Purchasing Policy Manual - Bid Protests
d. Bidder Qualifications Page
55.   7:00 P.M. SCHEDULED ITEM

Public hearing to consider report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Levee Reconstruction Project

a. Letter of the Director of Public Works of March 10, 2004
b. Attachment 1 - Description of National Economic Development Plan Alternatives
c. Attachment 2 - Other Alternatives considered
d. Attachment 3 - United States Army Corp of Engineers Tables
e. Letter of The Ocean Conservancy dated March 15, 2004
56.   7:00 P.M. SCHEDULED ITEM

AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, public hearing to consider report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Flood Levee Reconstruction Project

a. Letter of the District Engineer of March 10, 2004
b. Attachment 1 - Description of National Economic Development Plan Alternatives
c. Attachment 2 - Other Alternatives considered
d. Attachment 3 - United States Army Corp of Engineers Tables
e. Attachment 4 - Resolution
57.   7:00 P.M. SCHEDULED ITEM

AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, public hearing to consider report on the Selection of National Economic Development Plan Alternatives 2a and T4 as the Locally Preferred Plan for the Pajaro River Levee Reconstruction Project

a. Letter of the District Engineer of March 10, 2004
b. Attachment 1 - Description of National Economic Development Plan Alternatives
c. Attachment 2 - Other Alternatives considered
d. Attachment 3 - United States Army Corp of Engineers Tables
e. Letter of The Ocean Conservancy dated March 15, 2004

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).

58.   7:00 P.M. SCHEDULED ITEM

The Board of Supervisors will recess in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 7, to convene and carry out a regularly scheduled meeting in the Watsonville City Council Chambers, 250 Main Street, Watsonville (agendas are located on the table at the front of the Council Chambers)

a. Zone 7 Agenda dated March 16, 2004
b. Action Summary Minutes dated January 27, 2004
c. Letter of Zone 7 dated March 4, 2004 regarding Pajaro River Interim Management Plan
d. Letter of January 13, 2003 regarding Pajaro River Interim Management Plan
e. Amendment to Agreement
f. Schedule of Standard Charges effective July 1, 2003
g. Letter of Zone 7 regarding Pajaro River Watershed Flood Prevention Authority dated March 2, 2004
h. Letter of Zone 7 dated March 4, 2004 regarding 2004/05 Zone 7 Assessment Rates
i. Proposed Resolution
j. Notice of Public Hearing
k. Letter of Zone 7 dated March 10, 2004 regarding Pajaro River Levee Reconstruction Project
l. Letter of Zone 7 dated March 10, 2004 regarding Status Report on Relinquishment of the Pajaro River Levee Reconstruction Project
m. Letter of City of Watsonville dated February 25, 2004
n. Letter of S. John Martinelli dated February 11, 2004
o. Letter of Kathleen Martin dated January 24, 2004
p. Letter of Public Works Department dated February 18, 2004
q. Letter of Donald E. Cooley dated January 31, 2004
r. Letter of Flood Control and Water Conservation District dated February 4, 2004 regarding the Report on Long-Term Financing for Pajaro River Levee Reconstruction Project
s. Various Maps
t. Letter of Department of Water Resources dated January 8, 2004
        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.