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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
March 23, 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

  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 9, 2004, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of March 11, 2004 through March 17, 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.   Defer consideration of ordinance implementing the United Nations Convention on the Elimination of All Forms of Discrimination Against Women until April 27, 2004, as recommended by County Counsel

11.   Reject the claim of Jesus Medina Rios, No. 304-085A, and refer to County Counsel

12.   Reject the claim of Maria M. Rios, No. 304-085B, and refer to County Counsel

13.   Reject the claim of Anna P. Rios, No. 304-085C, and refer to County Counsel

14.   Reject the claim of Jennifer A. Donner, No. 304-088, and refer to County Counsel

15.   Reject the claim of Roxanne Cummings, No. 304-090, and refer to County Counsel

16.   Reject the claim of Thomas Lee Marquez, Jr., No. 304-091, and refer to County Counsel

17.   Adopt resolution providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 891, West Zayante - Morrison Annexation, as recommended by the County Administrative Officer

18.   Adopt resolution providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 892, Cunnison Lane Reorganization, as recommended by the County Administrative Officer

19.   Adopt resolution providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 893, Mattison Lane Reorganization, as recommended by the County Administrative Officer

20.   Authorize the Department of Public Works to purchase 12 posters for a cost of $144, as recommended by the County Administrative Officer

21.   Adopt resolutions accepting and appropriating $1,620,000 in Federal Hazard Mitigation Grant Funds for the Felton Grove Elevation project, as recommended by the Emergency Services Administrator

22.   Approve completion of the Sheet Metal Flashings Component of the Building Envelope Repairs project at the Health and Human Services Building at 1400 Emeline; approve additional costs associated with a contract change order in the amount of $2,484.48 and authorize the Director of General Services to sign the change order on behalf of the County; approve final cost in the amount of $178,614.48; and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

23.   Approve plans and specifications (on file with the Clerk) for the 26th Avenue Beach Access Stairway; direct the General Services Department to advertise for bids; set the bid opening on April 20, 2004 at 10:45 a.m.; and take related action, as recommended by the Director of General Services

24.   Award contract to Monterey Peninsula Engineering, in the amount of $318,900 for the Rountree Water System Improvements project; authorize the General Services Director to sign the contract agreement; authorize the General Services Director to approve change orders; and take related fiscal action, as recommended by the Director of General Services

25.   Approve plans and specifications (on file with the Clerk of Board) for the Pinto Lake County Park-Interim Use Dog Park; direct the General Services Department to advertise for bids; set the bid opening for 10:45 a.m. on April 20, 2004, as recommended by the Director of General Services

26.   Accept and file report on the County's Worker's Compensation Third Party Claims Administrator selection process and direct the Personnel Department to take recommended actions and return to the Board on April 27, 2004, as recommended by the Personnel Director and Risk Manager

27.   Adopt resolution determining disability retirement status of safety employee, as recommended by the Personnel Director

28.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $32,332 from the Watsonville Police Department's Federal Title II Grant in support of identifying and apprehending high risk juvenile offenders and working with their families and the community to reduce recidivism, as recommended by the Chief Probation Officer

29.   Adopt resolution approving membership and re-authorizing the Juvenile Justice Coordinating Council through June 30, 2005 and direct the Probation Department to return to the Board on or before April 27, 2004 with a report on the revisions to the Multi-Agency Juvenile Justice Plan and Funding Application for Board of Corrections Juvenile Justice Crime Prevention Act Program, as recommended by the Chief Probation Officer

30.   Authorize Detention Bureau purchase of fixed assets for the Main Jail with Supplemental Law Enforcement Funds in the amount of $5,900, as recommended by the Sheriff-Coroner

31.   Approve reappointment of Toni Campbell to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

32.   Approve reappointment of Patricia Morales and Barbara Joy Templeton to the Mental Health Advisory Board for terms to expire April 1, 2007, as recommended by Supervisor Beautz

33.   Approve appointment of Maria Stolz to the Human Services Commission for a term to expire April 1, 2005, as recommended by Supervisor Beautz

34.   Approve appointment of Armand "Pete" Petri to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

35.   Approve appointment of Tricia Pastor to the Child Care Planning Council, as a discretionary appointee (Category 5) for a term to expire April 1, 2007, as recommended by Supervisor Pirie

36.   Approve appointment of Elizabeth Chavez to the Child Care Planning Council, as a community representative (Category 4), for a term to expire April 1, 2005, as recommended by Supervisor Campos

37.   Approve reappointment of Arcadio Viveros to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Campos

38.   Approve reappointment of Naomi Brauner to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Wormhoudt

39.   Accept and file annual report of the Water Advisory Commission, and take related action, as recommended by Chair Wormhoudt

 

HEALTH AND SOCIAL SERVICES

40.   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

41.   Approve agreement with the Santa Cruz AIDS Project, effective January 1, 2004, in the amount of $22,688 for HIV education and prevention services and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

42.   Accept and file report on Hepatitis C treatment and direct the Health Services Agency to report back on County responsibilities under Welfare and Institutions Code Section 17000 on April 20, 2004, as recommended by the Health Services Agency Director

43.   Accept and file preliminary report on County Medical Services Program (CMSP) participation and direct the Health Services Agency to return with a further report on May 4, 2004, as recommended by the Health Services Agency Director

44.   Approve transfer of appropriations of $5,000 within the Health Services Agency budget; and authorize fixed asset purchase of two mobile computing systems, as recommended by the Health Services Agency Director

45.   Adopt resolution accepting and appropriating $246,624 in unanticipated revenue from the State for the Nutrition Network Incentive Award program; approve agreement with Community Alliance with Family Farmers in the amount of $198,659; and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

 

LAND USE AND PUBLIC PROJECTS

46.   Review and accept notice of Non-renewal of Open Space Easement on Assessor's Parcel Number 105-421-35, submitted by property owners, as recommended by the Planning Director

47.   Adopt resolution for the Summary Vacation of the County's interest in a portion of Woodland Drive adjacent to Lot 23 of Block F of the Rowardennan Hotel and Riverside Subdivision, as recommended by the Planning Director

48.   Approve contract for an amount not-to-exceed $11,150 with Chris Wortman Excavation for abatement of a structure at 136 View Circle and take related actions, as recommended by the Planning Director

49.   Accept and file report on contract operation and billing for County Service Area (CSA) No. 7, Boulder Creek services and direct Public Works to return with a status report on May 18, 2004, as recommended by the Director of Public Works

50.   Accept low bid of Monterey Peninsula Engineering, Incorporated in the amount of $2,184,211 for the Seventh Avenue Improvements; authorize the award of the contract; make findings that the improvements are of benefit to the project area; adopt resolution accepting and appropriating unanticipated revenue in the amount of $109,410 from the Santa Cruz City Water Department; and authorize the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

51.   Approve plans and specifications (on file with the Clerk) and the engineer's estimate for the Harkins Slough Road Bridge at West Branch Struve Slough; authorize calling for bids; set the bid opening on April 27, 2004 at 10:45 a.m.; and take related action, as recommended by the Director of Public Works

52.   Approve specifications (on file with the Clerk) and the engineer's estimate for the 2003/2004 Pavement Management Slurry Seal project; authorize calling for bids; set the bid opening on April 20, 2004 at 10:45 a.m.; and take related action, as recommended by the Director of Public Works

53.   Approve Cooperative Agreement between the State of California and County of Santa Cruz for reimbursement to the County for engineering, construction, inspection, and administrative expenses associated with the retrofit of the Highway 17 retaining wall above the El Rancho Drive storm damage site; adopt resolution authorizing the execution of the agreement; and take related action, as recommended by the Director of Public Works

54.   Approve amendment to agreement with Ross Taylor and Associates for environmental consulting services for the Road Crossing and Salmonid Passage Assessment project by increasing compensation by $3,045 for a total not-to-exceed amount of $44,664.38; authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

55.   Accept and file report on the Storm Water Management Plan (SWMP), and direct Public Works to return to the Board on May 18, 2004 for final approval of the SWMP, prior to submittal to the California Regional Water Quality Control Board, as recommended by the Director of Public Works

56.   Adopt resolution in support of the "Race Through The Redwoods" for August 15, 2004, and take related action, as recommended by the Director of Public Works

57.   Approve final map of Tract 1447, Greystone Subdivision; authorize the Director of Public Works to sign the Subdivision Agreement; and take related action, as recommended by the Director of Public Works

58.   Accept improvement for the Buena Vista Landfill Expansion, Module 4A project; approve final cost in the amount of $1,578,547.53; and take related action, as recommended by the Director of Public Works

59.   Adopt resolution in support of the "Felton Remembers Parade" for May 29, 2004 and take related action, as recommended by the Director of Public Works

59.1   Direct Public Works to negotiate an extension of the agreement with Waste Management of Santa Cruz County for refuse, recycling and yard waste collection services, as recommended by the Director of Public Works

60.   Authorize payment in the amount of $5,027.50 to Bowman and Williams for services performed in the design of the Soquel Drive Curb, Gutter, and Sidewalk from Vienna Drive to Heather Terrace project, as recommended by the Director of Public Works

61.   Defer report back on Santa Cruz County Code Chapter 9.56, Abandoned and Wrecked Vehicles to August 3, 2004, as recommended by the Director of Public Works

62.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, accept low bid of Pacific Underground Construction, of San Jose, California in the amount of $223,315 for the Calabasas Road Sewer Replacement project; authorize the award of contract; approve the transfer of $330,000 from contingencies to the Calabasas Road Sewer Replacement project; and authorize the District Engineer to sign the contract on behalf of the County, as recommended by the District Engineer

63.   Approve naming the sports field in Brommer County Park the Tim Jenkins Field, as recommended by the Parks Commission and the Director of Parks, Open Space and Cultural Services

64.   Adopt resolution authorizing the Cultural Council of Santa Cruz County to be designated representative to the California Arts Council, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

65.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing of the Seventh Avenue Improvement project in the amount of $2,577,312.60 and take related actions, as recommended by the Redevelopment Agency Executive Director

66.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve Redevelopment Agency funding assistance in an amount not-to-exceed $147,000 for the Santa Cruz Community Counseling Center for Wheelock House Special Needs Housing project; adopt resolution authorizing the Redevelopment Agency to apply for California Housing Finance Agency funds to assist the project; and take related actions, as recommended by the Redevelopment Agency Executive Director

 

ADDENDA

66.1   Approve appointment of Barbara Sprenger to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Stone

66.2   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $10,071 and authorize the Human Resources Agency Director to amend the contract with Salvation Army in the amount of $1,821 for additional emergency winter shelter services, as recommended by the Human Resources Agency Director

66.3   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $2,318,100 to support various categorical aid programs, and approve transfer of appropriations, as recommended by the Human Resources Agency Director


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

67.   CLOSED PERSONNEL AND LITIGATION SESSION SHALL BE HELD AT THE CONCLUSION OF THE BOARDS CONSENT OR REGULAR 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.: Nancy Coe v. County of Santa Cruz
Santa Cruz County Superior Court No. CV 139334

Case Name/No: Maria Demarest v. County of Santa Cruz
Workers Compensation Appeals Board No. SAL 99451

Case Name/No.: Joe and Sylvie Mendes v. County of Santa Cruz
Santa Cruz County Superior Court Case No. CV 146070

Claim Name/No.: Lucyanne Kostreba v. County of Santa Cruz
Claim Nos. 1109122 and 5200596

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for two potential cases

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property street address and APN: 2200 and 2260 7th Avenue, Santa Cruz County, California; APN 026-062-97 and APN 026-461-02
Negotiating party (not agent): Scott Loichinger, Public Works

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*****

68.   Public hearing to consider the Draft Housing Element
a. Letter of the Planning Director of March 10, 2004
b. Attachment 1 Flow Chart on Housing Element Process
c. Attachment 2 Draft Housing Element (on file with the Clerk)
d. Attachment 3 Negative Declaration and Initial Study (on file with the Clerk)
e. Attachment 4 Letter of Cathy Creswell, Deputy Director, HCD
f. Attachment 5 Correspondence received prior to Planning Commission hearing on February 11, 2004
g. Attachment 6 Correspondence received at or after the Planning Commission hearing on February 11, 2004
h. Attachment 7 Planning Commission Resolution
i. Attachment 8 Planning Commission Minutes
j. Attachment 9 Planning Commission Staff Report (on file with the Clerk)
k. Letter to the Santa Cruz County Planning Commission from JM Management Company (no date)

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).

69.   Consider report of County Counsel regarding support of San Francisco's litigation regarding Same Gender Marriages
a. Letter of County Counsel of March 16, 2004


70.   Consider resolution of intention to levy new benefit assessment within Mosquito and Vector Control, County Service Area (CSA) No. 53 and consider related actions
a. Letter of the Agricultural Commissioner/Director of March 9, 2004
b. Addendum to ICA
c. Engineer's Report
d. Resolution of Intention
e. Ballot Proceedings Procedure Resolution


71.   Consider reappointment of Rama Khalsa, Cecilia Espinola, and Maria Castro to the First 5 Commission, as at-large representatives pursuant to County Code Section 2.45.040, for terms to expire April 1, 2005
a. Letter of Chair Wormhoudt of March 11, 2004


72.   Consider various appointments to the Long Term Care Interagency Commission, as at-large representatives in the categories indicated, for terms to expire April 1, 2008
a. Letter of Chair Wormhoudt of March 10, 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.