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Santa Cruz County
Board of Supervisors Agenda

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
August 3, 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
7:30
  • 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 June 14, 2004, June 15, 2004, June 16, 2004, June 17, 2004, June 18, 2004, June 21, 2004, June 22, 2004, June 24, 2004 and June 30, 2004, as recommended by the Clerk of the Board

8.   Accept and file notification of continuing contracts received during the period of June 17, 2004 through July 28, 2004 and approved upon adoption of the 2004/2005 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 Amending Section 4.28.050 of the Santa Cruz County Code Adding a Senior's Exemption to the Emergency Response Fee (approved "in-concept" on June 15, 2004, Item No. 47)

11.   Reject the claim of Manuel E. Sisneros, No. 304-135, and refer to County Counsel

12.   Reject the claim of Timothy P. Hughes, No. 304-137, and refer to County Counsel

13.   Approve amendments to agreement with Ryerson, Master and Associates, Incorporated increasing the amount of the contract to $589,205 for an Agricultural Engine Emissions Reductions Program and authorize the Agricultural Commissioner to sign the amended contract, as recommended by the Agricultural Commissioner

14.   Approve pay adjustment in the amount of $662.40 for an employee in the University of Santa Cruz Cooperative Extension, as recommended by the County Director of the Agricultural Cooperative Extension

15.   Adopt resolution authorizing the temporary transfer of Tax and Revenue Anticipation Loan funds to meet necessary operation and maintenance expenses for 2004/2005 for the Aptos/La Selva, Branciforte, Central, Pajaro Valley, and Scotts Valley Fire Protection Districts, and take related actions, as recommended by the Auditor-Controller

16.   Approve agreement with the Office of Administrative Hearings for hearing officer services and authorize the County Administrative Officer to execute the agreement, as recommended by County Counsel

17.   Approve gross pay adjustment in the amount of $1,091.20 for an Attorney I in the District Attorney's Office, as recommended by the District Attorney

18.   Adopt resolution authorizing the District Attorney to reapply to the State Department of Insurance to use $115,147 of funding in fiscal year 2004/2005 for the Worker's Compensation Insurance Fraud program, as recommended by the District Attorney

19.   Approve specifications (on file with the Clerk) for the 1975 Chanticleer Roof Replacement project; direct the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on September 1, 2004 in the General Services Department, as recommended by the Director of General Services

20.   Approve specifications (on file with the Clerk) for the Main Jail Booking Area Floor Replacement project; direct the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on September 1, 2004 in the General Services Department, as recommended by the Director of General Services

21.   Accept Treasurer's monthly Cash Report and Transaction Report for the period ending June 30, 2004 and take related action, as recommended by the Treasurer-Tax Collector

22.   Accept nomination of Sherry Wasserman for appointment to the Managed Medical Care Commission, as an at-large provider representative of a non-governmental community clinic, for a term to expire April 1, 2007, with final appointment to be made August 10, 2004, as recommended by Supervisor Pirie

23.   Approve appointment of Dr. Salem Magarian to the First 5 Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

24.   Approve appointment of Dennis Baldwin to the Fish and Game Advisory Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

25.   Approve appointment of Peter G. Heylin to the Commission on Disabilities for a term to expire April 1, 2005, as recommended by Supervisor Stone

26.   Approve appointment of Sheila De Lany to the Women's Commission for a term to expire April 1, 2005, as recommended by Supervisor Stone

27.   Direct the Public Works Department to provide a report to the Board on September 14, 2004, regarding the development of a policy for countywide bilingual informational signs, as recommended by Supervisor Stone

28.   Approve appointment of Luanne Barr to the Mental Health Advisory Board, in the category of "Consumer/Family" for a term to expire April 1, 2006, as recommended by Supervisor Stone

29.   Approve appointment of Erik Edmonds to the Commission on Disabilities for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

30.   Approve reappointment of Rich Hill to the Workforce Investment Board, as an at-large appointee representing the City of Capitola, for a term to expire June 30, 2008, as recommended by Chair Wormhoudt

31.   Approve reappointment of Laura Kuhn to the Workforce Investment Board, as an at-large appointee representing the City of Scotts Valley, for a term to expire June 30, 2008, as recommended by Chair Wormhoudt

32.   Accept notification of vacancy on the Long Term Care Interagency Commission, for an at-large representative over 55 years of age, with nominations for appointment to be received on August 17, 2004, and final appointment to be made August 24, 2004, as recommended by Chair Wormhoudt

33.   Accept notification of at-large vacancies on the Assessment Appeals Board, as outlined, with nominations for appointment to be received on August 17, 2004, and final appointment to be made August 24, 2004, as recommended by Chair Wormhoudt

34.   Accept and file annual inspection report for the Santa Cruz County Juvenile Hall, conducted by the Santa Cruz County Juvenile Justice and Delinquency Prevention Commission, as recommended by Chair Wormhoudt

35.   Direct the Board Chair to write to the County's federal and state representatives urging that they oppose the decision of the Federal Energy Regulatory Commission to retain sole authority for the siting and construction of liquefied natural gas terminals in California, as recommended by Chair Wormhoudt

36.   Adopt resolutions supporting the passage of Assembly Bill 2311 and Senate Bill 1851, and opposing Assembly Bills 428 and 2006, 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 authorizing the Health Services Agency to sign on-going state standard agreements included on the 2004/2005 Continuing Agreements list, and take related actions, as recommended by the Health Services Agency Director

39.   Approve agreement with Santa Cruz Community Counseling Center increasing the maximum amount by $280,000 to $5,564,100 through June 30, 2005 for the rehabilitation services program and authorize the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

40.   Defer consideration of report on the completed Child Welfare Services Self-Assessment and plans for completion of the related System Improvement Plan until August 10, 2004, as recommended by the Human Resources Agency Director

41.   Defer consideration of Options for Recovery program service agreement to August 10, 2004, as recommended by the Human Resources Agency Director

 

LAND USE AND PUBLIC PROJECTS

42.   Continue consideration of the actions to complete abatement of 136 View Circle Drive in Felton to August 24, 2004, as recommended by the Planning Director

43.   Accept improvement for the China Grade, Road Repair Storm Damage Repair project; approve final cost in the amount of $572,826; and take related action, as recommended by the Director of Public Works

44.   Approve reimbursement agreement between the City of Santa Cruz Water Department and the County of Santa Cruz to reimburse the County for costs related to the water department items on the Gross Road Improvements project, 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 proposed Disadvantaged Business Enterprise participation goal for federal fiscal year 2004/2005 and authorize Public Works to submit the goal for a 45-day public review, as recommended by the Director of Public Works

46.   Approve Program Supplement No. M027-R1 for $4,717,540 in revenue for the Harkins Slough Road Bridge at West Branch of Struve Slough; adopt resolution authorizing execution of an agreement between the State of California and the County of Santa Cruz for construction engineering; authorize the Director of Public Works to sign the original and duplicate original of the Program Supplement on behalf of the County; and take related action, as recommended by the Director of Public Works

47.   Approve Federal Apportionment Exchange Program and State Match Program Agreement; adopt resolution accepting revenue in the amount of $324,813; and authorize the Chairperson of the Board of Supervisors to sign the agreement; and take related actions, as recommended by the Director of Public Works

48.   Authorize payment in the amount of $1,629 to Bowman and Williams for services performed in the design of the Seacliff Village Streetscape Plan and State Park Drive Improvement project, as recommended by the Director of Public Works

49.   Accept and file report and make a determination on the need to continue the state of local emergency on East Cliff Drive from 33rd Avenue to 36th Avenue, as recommended by the Director of Public Works

50.   Accept improvement for the Under Fuel Dispenser Containment Boxes and Fuel Pumps at the Brommer, Felton, and Lode Street Maintenance Yards project; approve final cost in the amount of $149,477.58; and take related action, as recommended by the Director of Public Works

51.   Approve Program Supplement No. M036 for $552,000 in revenue for the December 2002 Storm; adopt resolution authorizing execution of agreement between the State of California and the County of Santa Cruz for preliminary engineering and environmental studies; and authorize the Director of Public Works to sign the original and duplicate original of the Program Supplement on behalf of the County, as recommended by the Director of Public Works

52.   Adopt resolution regarding the reassessment and refunding of the Freedom Boulevard Sewer Assessment District Series 1994-1 Improvement Bonds, and authorize the Auditor-Controller to execute the purchase agreement and the professional service agreement as required, as recommended by the Auditor-Controller and the Director of Public Works

53.   Accept low bid of Conley Construction in the amount of $291,308.44 for construction of the McGaffigan Mill Road Bridge Replacement Project - County Service Area (CSA) No. 59 (District 5); authorize award of contract; adopt resolution accepting and appropriating unanticipated revenue in the amount of $340,000 from CSA No. 59, McGaffigan Mill Road; approve loan agreement in the amount of $340,000; and authorize the Chairperson of the Board to sign the agreement on behalf of CSA No. 59, McGaffigan Mill Road, as recommended by the Director of Public Works

54.   Approve independent contractor agreement with MNS Engineering, Incorporated for construction inspection services for the El Rancho Drive Storm Damage Repair at Highway 17 Beulah Park Undercrossing, project for a total not-to-exceed amount of $222,580, and authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works


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

55.   Public hearing to consider extension of interim regulations for the conversion of non-residential land to residential land
a. Letter of the Planning Director of July 21, 2004
b. Ordinance Adopting Interim Regulations Amending County Code Sections 13.01.060, 13.10.215 and 17.10.030 Regarding the Conversion of Non-Residential Land to Residential Land


56.   Public hearing on proposed 2004/2005 benefit assessments for County Service Area (CSA) No. 58, Ridge Drive
a. Letter of the Director of Public Works of July 22, 2004


57.   Public hearing on proposed 2004/2005 service charge report for County Service Area (CSA) No. 11 - Park Debt Service
a. Letter of the Director of Parks, Open Space and Cultural Services of July 16, 2004
b. Resolution


58.   Public hearing to consider fiscal year 2004/2005 Assessment Report for County Service Area 9E - Streetscape Maintenance
a. Letter of the Redevelopment Agency Executive Director of July 22, 2004
b. 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).

59.   Consider proposed ordinance amending Chapter 9.56 relating to abandoned and wrecked vehicles on private and public property, excluding streets and highways of Santa Cruz County
a. Letter of County Counsel
b. Proposed Ordinance


60.   10:45 A.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 5, to convene and carry out a special meeting (agendas are located on the table at the front of the Board Chambers)

a. Proceedings of the Board of Directors, Zone 5 dated August 3, 2004
b. Letter of Zone 5 dated June 1, 2004



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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

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

Case Name/No.: John Mancini v. County of Santa Cruz, et al
Santa Cruz County Superior Court Case No. CV 149535

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

REPORT OF COUNTY COUNSEL - will be given at the conclusion of the closed session on any reportable action(s) taken in the closed session.


62.   Consider resolution calling for a special election to be held on Tuesday, November 2, 2004, for the purpose of submitting to the voters, a measure to decide whether the County's Emergency Fee Ordinance shall be repealed; and directing County Elections to conduct the election, and directing consolidation of the election
a. Letter of the Director of General Services
b. Resolution


 

ADDENDA

62.1   Consider letter of the County Auditor-Controller recommending rescission of measure to establish Office of Director of Finance
a. Letter of the Auditor-Controller of July 29, 2004
b. Resolution
c. Email of Richard W. Bedal dated August 1, 2004


63.   7:30 P.M. SCHEDULED ITEM

Consider petitions requesting establishment of a Community Facilities District to acquire the water system which serves the Felton area and take related actions

a. Letter of the County Administrative Officer of July 23, 2004
b. Certification
c. Letter of San Lorenzo Valley Property Owners' Association dated July 29, 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.