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Santa Cruz County
Board of Supervisors Agenda
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
May 18, 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 April 27, 2004 and May 4, 2004, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of April 29, 2004 through May 12, 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.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, Adopt Ordinance No. 60 Amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 Through 4.08.180 Sewer Service Charges and Adding Section 4.08.340 Sewer Service Charge Refunds (approved "in concept" on May 4, 2004, Item No. 48)

11.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, Adopt Ordinance No. 61 Amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 Through 3.08.180 Water Service Charges and Adding Section 3.08.240 Water Service Charge Refunds (approved "in concept" on May 4, 2004, Item No. 48)

12.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, Adopt Ordinance No. F-7 Amending District Code Title 3, Chapter 3.08, Article III Section 3.08.150 Sewer Service Charges and Adding Article VI Section 3.08.340 Sewer Service Charge Refunds (approved "in concept" on May 4, 2004, Item No. 49)

13.   Reject the claim of Thomas Lee Marquez, Jr., No. 304-102A, and refer to County Counsel

14.   Reject the claim of Thomas Lee Marquez, Jr., No. 304-102B, and refer to County Counsel

15.   Authorize the Auditor-Controller and County Administrative Officer to proceed with necessary actions to secure the 2004/2005 Tax and Revenue Anticipation Notes for 2004/2005 purposes and report back on or before June 22, 2004 for final actions, as recommended by the Auditor-Controller

16.   AS THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS, PAJARO VALLEY STORM DRAIN MAINTENANCE DISTRICT BOARD OF DIRECTORS AND THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF DIRECTORS, schedule a public meeting on Tuesday, May 25, 2004 from 1:00 p.m. until 3:00 p.m. in the Watsonville City Council Chambers to consider a report concerning the status of proceedings to relinquish the maintenance responsibilities over the Pajaro River and Salsipuedes Creek to the State Department of Water Resources and take related actions, as recommended by Supervisor Campos

17.   Approve realignment of funds and an increase of $5,600 in the independent contractors agreement with Long Beach Genetics for paternity testing services, as recommended by the Director of Child Support Services

18.   Approve subscription plan amendment in the amount of $21,240 between Lexis-Nexis and the County of Santa Cruz for fiscal year 2004/2005 and authorize the District Attorney to sign the subscription plan amendment on behalf of the County, as recommended by the District Attorney

19.   Approve transfer of funds and fixed asset appropriation in the amount of $17,816 for one Tactical Radio, as recommended by the Emergency Services Administrator

20.   Award contract to Sanchez Grading in the amount of $29,955 for the Pinto Lake County Park project; authorize the Parks Director to notify the contractor and sign the contract agreement and associated documents on behalf of the Board; authorize the Parks Director to approve change orders and encumber $2,995 in addition to the contract amount, to cover change order expenditures; and take related action, as recommended by the Director of General Services

21.   Approve plans and specifications (on file with the Clerk) for the Fire Services for Modular Courts project; direct the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on June 8, 2004, as recommended by the Director of General Services

22.   Accept and file Annual Report on the status of the private sector Living Wage program and adopt resolution setting the living wage at $11.77 for those employees receiving benefits, and at $12.84 for those employees not receiving benefits, as recommended by the Director of General Services

23.   Approve independent contractor agreement with Technical Roof Services, Incorporated in the amount of $47,527 for design services and specifications for the roofing projects at the Medium Security Jail Facility and the 1430 Freedom Boulevard facility, as recommended by the Director of General Services

24.   Approve plans and specifications (on file with the Clerk) for the Transmitter Room Upgrade; direct the General Services Department to advertise for bids; and set the bid opening for 10:45 a.m. on June 8, 2004, as recommended by the Director of General Services

25.   Defer recommendation for award for the 26th Avenue Beach Access Stairway project until June 8, 2004, as recommended by the Director of General Services

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

27.   Authorize the Chief Probation Officer to submit an application in the amount of $71,723 for Juvenile Accountability Block Grant Funds, as recommended by the Chief Probation Officer

28.   Adopt resolution accepting and appropriating unanticipated revenue in the amount of $12,500 from the Robert Wood Johnson Foundation for funding for treatment improvement activities under the Reclaiming Futures Initiative, as recommended by the Chief Probation Officer

29.   Approve contract with Superior Court of California for court security services in the amount of $1,960,000; authorize the Sheriff-Coroner to sign the contract; and adopt resolution to reduce revenue and expenditures in the amount of $188,456, as recommended by the Sheriff-Coroner

30.   Approve payment of outstanding invoices to Orchard Supply Hardware in the amount of $475.19, as recommended by the Sheriff-Coroner

31.   Adopt resolution providing for the replenishment of the Treasurer-Tax Collector's Cash Difference Fund and increase that fund to $500 from the current $100 and request the Auditor-Controller issue a warrant in the amount of $516, as recommended by the Treasurer-Tax Collector

32.   Authorize the Auditor-Controller to distribute excess proceeds from the May 27, 2003 public auction, as recommended, and direct the County Tax Collector to notify, by first class mail, postage prepaid, all claimants, as recommended by the Treasurer-Tax Collector

33.   Accept and file report (on file with the Clerk) of the County's investment activities and holdings for the quarter ending March 31, 2004, as recommended by the Treasurer-Tax Collector

34.   Approve proposed Conflict of Interest Code, as submitted by the Santa Cruz County Regional Transportation Commission, as recommended by Supervisor Beautz

35.   Suspend consideration of an ordinance adding and amending sections of Chapter 9.48 of the County Code relating to commercial vehicle limits on College Road, as outlined, as recommended by Supervisor Campos

36.   Approve appointment of Supervisor Campos to represent the Board on the First 5 Commission, as recommended by Chair Wormhoudt

 

HEALTH AND SOCIAL SERVICES

37.   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

38.   Adopt resolution approving 2004-2007 Dental Disease Prevention Program funding application for $148,287 over three years; authorize the Health Services Agency Director to sign related State revenue agreements; and take related actions, as recommended by the Health Services Agency Director

39.   Accept and file report on the Continuum of Care Single Room Occupancy (SRO) Moderate Rehabilitation project; approve the allocation of $20,000 of Assembly Bill 2034 funds to Mercy Housing for predevelopment activities; and take related actions, as recommended by the Health Services Agency and Human Resources Agency Directors

40.   Approve amendment with Santa Cruz Community Counseling Center for fiscal year 2003/2004 for the Independent Living Skills Program to decrease the contract amount to $160,562; approve amendment with Community Bridges for fiscal year 2003/2004 for the Community Based Family Resource and Support Program to increase contract amount to $14,130; and adopt resolution accepting and appropriating unanticipated revenue in the amount of $1,757 for fiscal year 2003/2004, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

41.   Accept and file report on earlier notification amendments to Chapter 18.10 and take related actions, as recommended by the Planning Director (continued from April 27, 2004, Item No. 33)

42.   Accept and file supplemental report on a written complaint policy for land use violations, as recommended by the Planning Director (continued from April 27, 2004, Item No. 54.1)

43.   Approve specifications (on file with the Clerk) and the engineer's estimate for the Sunbeam Woods - County Service Area (CSA) No. 44 Overlay Project 2004 (5th District); authorize calling for bids; set the bid opening for 10:45 a.m. on June 15, 2004; and take related action, as recommended by the Director of Public Works

44.   Approve independent contractor agreements with Central Coast Wilds, Confluence - Watershed Restoration and Landscaping Specialists, Elkhorn Native Plan Nursery and Shangrila, Incorporated for a not-to-exceed amount of $25,000 each per fiscal year for revegetation, landscape and maintenance services and authorize the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

45.   Approve Contract Change Order in the amount of $19,217.30 for the Lake and Fifth Avenues Improvement project; 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

46.   Approve transfer of $20,000 from the Highland Way Grading and Erosion Control project to the Soquel San Jose Road Storm Damage Repair project, as recommended by the Director of Public Works

47.   Accept and file Proposed 2004/2005 Capital Improvement Program (CIP) document (on file with the Clerk), and schedule a study session on the Proposed 2004/2005 CIP for June 8, 2004, as recommended by the Director of Public Works

48.   Approve County - State agreement providing State funding in the amount of $600,000 for the El Rancho Drive at LaMadrona Drive Storm Damage Repair; 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

49.   Approve plans and specifications (on file with the Clerk) and engineer's estimate and authorize calling for bids for the El Rancho Drive Storm Damage Repair at Highway 17 - Beulah Park Undercrossing; set the bid opening for 10:45 a.m. on June 15, 2004; and take related action, as recommended by the Director of Public Works

50.   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

50.1   Approve plans and specifications (on file with the Clerk) and the engineer's estimate for the Gross Road Improvements Coffee Lane to Capitola City Limit project, including the design exception for the two speed bumps; authorize calling for bids; set the bid opening for 10:45 a.m. on June 8, 2004; and take related action, as recommended by the Director of Public Works

51.   Adopt resolution for right-of-way acquisition for the Gross Road Improvements, Gross Road to Capitola City Limits; authorize the Director of Public Works to sign the agreements on behalf of the County; and approve payment of claims, as recommended by the Director of Public Works

52.   Postpone update on the status of negotiations with the Big Basin Water Company for sewer service charge billing until June 15, 2004, as recommended by the Director of Public Works

53.   Accept status report regarding the Redevelopment Agency's purchase of the Pleasant Acres Mobile Home Park and the Live Oak Elena Baskin Senior Center, and schedule a public hearing for June 8, 2004 concerning the Agency's intent to sell the Live Oak Elena Baskin Senior Center to the Live Oak School District in order to provide necessary educational and community services and facilities, as recommended by the Redevelopment Agency Executive Director

54.   Adopt resolution in opposition to Senate Bill 1659, relating to Eminent Domain Compensation and Community Redevelopment Law, as recommended by the Redevelopment Agency Executive Director

55.   Adopt resolution accepting the 14 Offers of Dedication and take related actions, as recommended by the Director of Parks, Open Space and Cultural Services

 

REDEVELOPMENT AGENCY

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve financing of property acquisitions in the amount of $97,350 for the Gross Road Improvement project and take related actions, as recommended by the Redevelopment Agency Executive Director

 

ADDENDA

56.1   Direct the Chair to advise the Santa Cruz County Regional Transportation Commission that the Board supports placing the Proposed Expenditure Plan on the November 2004 ballot, as recommended by Supervisor Pirie

56.2   Request Dr. George Wolfe, in consultation with the Health Services Agency, to convene a group of physicians to provide recommendations regarding the appropriate amount of medical marijuana that a patient should be allowed to possess for medical use, and report back to the Board on or before August 17, 2004, as recommended by Supervisor Wormhoudt

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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

57.   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 County Superior Court Case No. 415538

Case Name/No.: Arreola, et al v. County of Monterey, et al.
Monterey County Superior Court Case No. 105611

Case Name/No.: Angelo Seaver v. County of Santa Cruz
Santa Cruz County Superior Court Case No. 143438

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 LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to 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 029-071-68
Negotiating party (not agent): Betsey Lynberg, Redevelopment Agency

IHSS PUBLIC AUTHORITY BOARD

CONFERENCE WITH LEGAL COUNSEL
IHSS Public Authority Negotiator: Director of Personnel
Employee Organization: IHSS Public Authority 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*****

58.   Consider the County Administrative Officer's budget for the County of Santa Cruz for fiscal year 2004/2005 as the basis for deliberations during budget hearings; set Monday, June 14, 2004 as the date to begin public hearings on the proposed budget; and take related actions
a. Letter of the County Administrative Officer (available Monday, May 17, 2004)
b. Proposed Budget (available Monday, May 17, 2004)
59.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, consider proposed 2004/2005 Redevelopment Agency budget and take related actions
a. Letter of the Executive Director of the Redevelopment Agency
b. RDA Proposed Budget (materials available May 17, 2004)
60.   Consider report on possible Budget related actions
a. Letter of the County Administrative Officer
61.   Consider report and recommendations on the initiative to repeal County's 911 fee ordinance
a. Letter of County Counsel
62.   Continued consideration of report on the possible consolidation of the County's fiscal offices; a resolution calling and providing for an election to be held on whether to establish the consolidated office of Director of Finance; and an ordinance amending Chapter 2.06 of the Santa Cruz County Code regarding the consolidation of County offices (continued from May 4, 2004, Item No. 56)
a. Letter of the County Administrative Officer of May 12, 2004
b. Exhibit A - Resolution
c. Letter of the County Administrative Officer of April 28, 2004
d. Exhibit A - Resolution
e. Exhibit B - Ordinance
f. Attachment 1 - Letter of Susan Mauriello, Richard Bedal and Gary Knutson of November 16, 2003
g. Attachment 2 - County Administrative Officer's Report on Consolidation of Offices of September 2003
h. Attachment 3 - Excerpts of the Government Code
i. Attachment 4 - Attorney General Opinion of September 15, 1972
j. Attachment 5 - Criteria for Appointment to County Offices
63.   Public hearing for the proposed 2004/2005 benefit assessment/service charge reports for various County Service Areas
a. Letter of the Director of Public Works of May 6, 2004
b. Attachment A
c. Resolution Establishing Benefit Assessments
d. Resolution Confirming Benefit Assessment/Service Charge Reports
64.   Public hearing on proposed 2004/2005 sewer service charges in County Service Area (CSA) No. 7, Boulder Creek
a. Letter of the Director of Public Works of May 6, 2004
b. Resolution Establishing Service Charge
c. Resolution setting Public Hearing
d. Notice of Public Hearing
64.1   Public hearing to consider formation of the Seacliff Underground Utility District No. 18
a. Letter of the Director of Public Works of May 12, 2004
b. Resolution
c. Exhibit A - Map

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).

65.   Consider appointment of Chris Berry to the Water Advisory Commission, as an at-large representative of public water purveyors, in accordance with County Code Section 2.96.030, for a term to expire April 1, 2007
a. Letter of Supervisor Stone of April 27, 2004
b. Application


66.   Public hearing to consummate purchase of Assessor's Parcel Numbers 026-062-97 and 026-461-02, situated at 2200 and 2260 7th Avenue, Santa Cruz (property owned by Santa Cruz SPCA)
a. Letter of the Director of Public Works
b. Resolution
c. Agreement for Purchase

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).

67.   Hearing to consider resolution to institute eminent domain proceedings for the Gross Road Improvements-Coffee Lane to Capitola City Limits project
a. Letter of the Director of Public Works of May 6, 2004
b. Resolution
c. Exhibits A and B
d. Location Maps
68.   Consider Stormwater Management Program for submission to the Regional Water Quality Control Board
a. Letter of the Director of Public Works
b. Stormwater Management Program (on file with the Clerk)
c. List of groups that received revised SWMP
69.   Consider presentation on efforts to prepare a Habitat Conservation Plan for Sandhills area and the biological resources included in this ecosystem
a. Letter of the Planning Director of May 6, 2004
b. Various Correspondences
70.   Continued public hearing to consider minor ordinance amendments to the Santa Cruz County Code Volume II
a. Letter of the Planning Director of February 18, 2004
b. Proposed Resolution with attached ordinance
c. Ordinance
d. CEQA Exemption
e. Planning Commission Resolution
f. Planning Commission Minutes
g. Planning Commission Staff Report (on file with the Clerk)
h. Various Correspondences

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).

71.   Consider adoption of ordinance amending, Sections 9.28.020 and 9.28.030 of Chapter 9 of the Santa Cruz County Code relating to stop intersections
a. Letter of Supervisor Beautz of May 11, 2004
b. Proposed ordinance
72.   10:45 A.M. SCHEDULED ITEM

Bid opening for Live Oak Library Lagoon Restoration Project

a. Letter of the Director of General Services of April 7, 2004
73.   10:45 A.M. SCHEDULED ITEM

Bid opening for Main Jail Fire Alarm System Upgrade Project

a. Letter of the Director of General Services of April 7, 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.