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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
April 27, 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.   Item deleted

8.   Accept and file notification of continuing contracts received during the period of April 15, 2004 through April 21, 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.   Adopt Ordinance Adding and Amending Various Sections of Chapter 9.28 of the County Code Relating to Stop Intersections (approved "in concept" on April 20, 2004, Item No. 86)

11.   Adopt Ordinance Amending Section 2.120.020 of the Santa Cruz County Code Relating to Membership of the Fire Department Advisory Commission (approve "in concept" on April 20, 2004, Item No. 85)

12.   Reject the claim of Laura Hoffman, No. 304-096, and refer to County Counsel

13.   Adopt resolutions accepting and appropriating unanticipated revenue in the amount of $98,152 into the Agricultural Commissioner budget and the General Services - Fleet Division budget, and approve purchase of fixed assets, as recommended by the Agricultural Commissioner

14.   Instruct the Auditor to issue replacement warrants in the total amount of $1,797.04 to replace specified uncashed and stale dated warrants, as recommended by the Auditor-Controller

15.   Accept the Statement of Vote for the April 13, 2004 County Service Area No. 11L, Lompico Community Zone of Benefit Special Election (on file with the Clerk), and declare the results of the Measure G Election, pursuant to Elections Code Section 15400, as recommended by the County Clerk

16.   Accept and file report on the Convention on the Elimination of All Forms of Discrimination Against Women, and take related actions, as recommended by County Counsel

17.   Adopt resolutions authorizing the District Attorney to submit a Joint Powers Agreement in the amount of $221,511 and an agreement for processing of funeral/burial and domestic violence relocation expenses in the amount of $40,000 with the State Victim Compensation and Government Claims Board for fiscal year 2004/2005, as recommended by the District Attorney

18.   Approve a $5,000 increase in an independent contractor agreement with the Elevator Service Company for fiscal year 2003/2004 to cover costs for additional maintenance and repair services, as recommended by the Director of General Services

19.   Approve plans and specifications (on file with the Clerk) for the Live Oak Library; direct the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on May 25, 2004, as recommended by the Director of General Services

20.   Declare used County vehicles to be surplus to County needs and direct the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

21.   Adopt resolution authorizing District Attorney volunteer attorneys to be treated like employees for the purposes of Workers' Compensation benefits, as recommended by the Personnel Director

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

23.   Item deleted

24.   Adopt resolution approving the Santa Cruz County Comprehensive Multi-Agency Juvenile Justice Plan Modification for fiscal year 2004/2005, and take related actions, as recommended by the Chief Probation Officer

25.   Accept Treasurer's monthly Cash Report and Transaction Report for the period ending March 31, 2004 and take related action, as recommended by the Treasurer-Tax Collector

26.   Approve appointment of Katie LeBaron to the Child Care Planning Council, as a discretionary representative, for a term to expire April 1, 2005, as recommended by Supervisor Stone

26.1   Direct Public Works to provide a report to the Board on May 25, 2004, regarding the development of procedures to implement modifications to the County's abandoned vehicle abatement program, as outlined, as recommended by Supervisor Stone

27.   Accept notification of at-large vacancy on the Managed Medical Care Commission, for a provider representative of a non-governmental community clinic, with nominations for appointment to be received on May 18, 2004, and final appointment to be made May 25, 2004, as recommended by Chair Wormhoudt

28.   Direct the Chair to convey the County's concern about the United States Department of Housing and Urban Development budget proposal for fiscal year 2005 to the County's federal legislative delegation, as outlined, as recommended by Chair Wormhoudt

 

HEALTH AND SOCIAL SERVICES

29.   Approve agreement with Hospitalist Management Resources, LLC in the amount of $35,000 for a study of hospital utilization for low income patients and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

30.   Approve the 2004/2005 Substance Abuse and Crime Prevention Act of 2000 (Proposition 36) County Plan and authorize the Health Services Agency Director to sign it and any minor amendments, as recommended by the Health Services Agency Director

31.   Approve extension of one Health Services Manager position in the Health Services Agency to June 30, 2004, as recommended by the Health Services Agency Director

32.   Item deleted

 

LAND USE AND PUBLIC PROJECTS

33.   Accept and file report on earlier Discretionary Land Use Application notification and direct Planning staff to process revised ordinance amendments, as recommended by the Planning Director

34.   Accept and file report on requiring written complaints for land use violations, as recommended by the Planning Director

35.   Accept and file report on proposed change to County Code Volume II relating to incentives for historic preservation and take related actions, as recommended by the Planning Director

36.   Approve and file status report on the Integrated Watershed Restoration Program and direct the Department of Public Works to return August 10, 2004 with a progress report, as recommended by the Director of Public Works

37.   Adopt resolution of intention to purchase real property located at 2200 and 2260 Seventh Avenue, Santa Cruz from the Santa Cruz County Animal Welfare Association, Incorporated (SPCA) for $2,150,000, based on an independent appraisal, less deductions for animal care and services disallowed costs and hazard mitigations in the amount of $489,377, for a total payment of $1,660,623; authorize the use of 2002 Refunding Certificates of Participation to finance the purchase; and direct the Clerk of the Board to advertise and schedule a public hearing for May 18, 2004 to consummate the purchase, as recommended by the Director of Public Works

38.   Accept low bid from Graham Contractors, Incorporated for the 2003/2004 Pavement Management Slurry Seal project in the amount of $159,946.83; authorize award of contract; authorize the Director of Public Works to sign contract, as recommended by the Director of Public Works

39.   Approve independent contractor agreement with Granite Rock for chip seal rock delivery in the not-to-exceed amount of $20,000 for the 2003/2004 Pavement Management Chip Seal project; approve amendment to agreement with Reed and Graham, Incorporated for the 2003/2004 Pavement Management Chip Seal project for spreading costs associated with the placement of asphalt emulsion in the increased amount of $20,000 for a not-to-exceed amount of $54,375, as recommended by the Director of Public Works

40.   Approve Program Supplement for $336,000 in federal reimbursement for the Quail Hollow Road Bridge Replacement project; adopt resolution authorizing execution of the agreement between the State of California and the County of Santa Cruz; authorize the Director of Public Works to sign the agreement on behalf of the County; and take related actions, as recommended by the Director of Public Works

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

42.   Approve road closure for the Aptos 4th of July Parade and direct Public Works to issue the parade permit, as recommended by the Director of Public Works

43.   Approve road closure and LaSelva Beach 4th of July Parade, and direct Public Works to issue the parade permit, as recommended by the Director of Public Works

44.   Approve amendment to agreement with Sanders and Associates Geostructural Engineering, Incorporated for the East Cliff Drive Bluff Restoration project, increasing the amount by $139,200 for a total not-to-exceed amount of $322,700 and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

45.   Approve use of prior year funds in the amount of $39,619.96 and authorize payment of the Department of Transportation invoice in the amount of $64,560 for the Union Pacific Railroad Crossing at State Park Drive Improvement project, as recommended by the Director of Public Works

45.1   Defer consideration of report on Harkins Slough Road Bridge railing options and direct Public Works to return on May 4, 2004, with a final report on alternate railing design options, as recommended by the Director of Public Works

46.   Schedule a public hearing on Tuesday, June 8, 2004, on the morning agenda, at 9:00 a.m. or thereafter to consider financing and findings related to the construction of the Live Oak Library project; and direct the Clerk of the Board to complete the required notice, as recommended by the Redevelopment Agency Executive Director

 

REDEVELOPMENT AGENCY

47.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, accept and file status report on the Agency's First Time Home Buyer Program and take related actions, as recommended by the Redevelopment Agency Executive Director

48.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve Agency funds in the amount of $139,200 for an amendment to the agreement with Sanders and Associates Geostructural Engineering, Incorporated for the East Cliff Drive Bluff Stabilization project and take related actions, as recommended by the Redevelopment Agency Executive Director

49.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, authorize a $1,000 contribution to California Rural Legal Assistance, Incorporated to support a one day workshop which will focus on federal and state fair housing laws, as recommended by Supervisor Campos

 

ADDENDA

49.1   Approve purchase of fixed assets in the amount of $18,561 and approve transfer of appropriations in the amount of $3,000, as recommended by the Human Resources Agency Director

49.2   Accept and file report on the County Clerk's Certificate of Examination Relating to the Petition to Repeal the County's 911 Fee and take no further action, as recommended by the County Administrative Officer

49.3   Adopt resolution supporting the passage of Assembly Bill 2726 regarding attorneys' fees and mobilehome rent control ordinances, and take related action, as recommended by Supervisor Beautz

49.4   It is requested that the Board of Supervisors determine by four-fifths vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:
PUBLIC HEARING CONCERNING MINOR AMENDMENTS TO COUNTY CODE VOLUME II
The continued public hearing was inadvertently omitted from today's agenda and was discovered after the posting of the agenda. In order to insure that the public has received adequate notice of the public hearing date, the Planning Department is recommending that the Clerk of the Board re-notice the public hearing for the May 18, 2004 agenda



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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

50.   SCHEDULE A 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.: County of Santa Cruz v. E.A. Hathaway & Company, et al.
San Mateo Superior Court Case No. 415538

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property street address (APN if no street address): APN 026-111-03
Negotiating parties (not agents): Betsy Lynberg, Redevelopment Agency

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.   Public hearing to consider parking maintenance and operating charges for the Soquel Village Parking and Business Improvement District for 2004/2005 fiscal year
a. Letter of the Redevelopment Agency Executive Director of April 15, 2004
b. Resolution
c. Parking Operation and Maintenance Charge Area

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 appointment of Michael Bethke to the Integrated Waste Management Local Task Force, as the alternate to the County's at-large representative, for a term to expire January 7, 2005
a. Letter of Supervisor Pirie of April 12, 2004
b. Application


53.   Consider status report on Juvenile Detention, Court Commitments and Detention Alternatives and take related actions
a. Letter of the Chief Probation Officer of April 15, 2004


54.   Consider the Clinic Operations Management Improvement Report (on file with the Clerk) and take related actions
a. Letter of the Health Services Agency Director of April 1, 2004
b. Clinic Operations Management Improvement Table


        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.