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Santa Cruz County
Board of Supervisors Agenda
(Revised)

Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
March 15, 2005


9:00
  • Roll Call
  • Consent Agenda
  • Oral Communications
  • Scheduled and Regular Departmental Items
12:00
  • Lunch
10:30
  • Recess
7:00
  • Scheduled and Regular Departmental Items - (to be heard in the Watsonville City Council Chambers)
10:45
  • Scheduled and Regular Departmental Items
7:30
  • Scheduled and Regular Departmental Items - (to be heard in the 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 1, 2005, as recommended by the Clerk of the Board

8.   Item deleted

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 Santa Cruz Surf Shop, No. 405-095, and refer to County Counsel (continued from March 8, 2005, Item No. 10)

11.   Reject the claim of Catherine Breitenstein, No. 405-097, and refer to County Counsel

12.   Reject the claim of Jason Muniz, No. 405-098, and refer to County Counsel

13.   Reject the claim of Michael Jerry and Bernice Weber, No. 405-100, and refer to County Counsel

14.   Reject the claim of Terence F. Leonard, No. 405-101, and refer to County Counsel

15.   Reject the claim of City of Santa Cruz, No. 405-102, and refer to County Counsel

16.   Reject the claim of Erika Alvarez, No. 405-103, and refer to County Counsel

17.   Authorize the County Assessor-Recorder to sign a current Agreement with VitalCheck Network, Incorporated to provide copies of Birth and Death Certificates and Marriage Records to members of the public who wish to order these documents on-line using a credit card, as recommended by the County Assessor-Recorder

18.   Schedule a jurisdictional hearing on Tuesday, April 12, 2005 on the morning agenda, at 9:00 a.m. or thereafter, to consider the Planning Commission's denial of the appeal of the Coastal Development Permit for Application No. 04-0116, as recommended by the Clerk of the Board

19.   Accept and file status report on the Governor's Proposed 2005-06 State Budget and direct the County Administrative Office to return on April 19, 2005 with a further update, as recommended by the County Administrative Officer

20.   Accept the Simpkins Swim Center and Santa Cruz County Jail Cogeneration projects as complete; approve final cost in the amount of $330,512; and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

21.   Approve completion of the 1975 Chanticleer Roof Replacement project at 1975 Chanticleer Avenue; approve the final cost in the amount of $15,554; and authorize the Clerk of the Board to take related action, as recommended by the Director of General Services

22.   Adopt resolution accepting and appropriating unanticipated revenue from the California Endowment, Health Returns Initiative, and take related action, as recommended by the Chief Probation Officer

22.1   Authorize the Chief Probation Officer to submit a proposal for Title V grant funding and adopt resolution for the Juvenile Justice Coordinating Council, as recommended by the Chief Probation Officer

23.   Authorize the Sheriff-Coroner to sign a hold harmless agreement with Salz Tannery for Bomb Team training, as recommended by the Sheriff-Coroner

24.   Accept and file the Treasurer's Cash Report and Investment Transaction report for the month of February 2005, as recommended by the Treasurer-Tax Collector

25.   Approve reappointment of First District representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2009, as recommended by Supervisor Beautz

26.   Approve reappointment of Toni Campbell to the First 5 Commission for term to expire April 1, 2006, as recommended by Supervisor Beautz

27.   Direct the Chairman to write to the County's federal and state representatives and request that in addition to the items identified in the 2005 County Legislative Program, they also lend support to the items identified in the 2005 Library Legislative Program, as recommended by Supervisors Beautz and Stone

28.   Approve reappointment of Dr. Salem Magarian to the First 5 Commission for a term to expire April 1, 2006, as recommended by Supervisor Pirie

29.   Approve reappointment of Carole Birndorf to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Pirie

30.   Approve reappointment of Second District representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2009, as recommended by Supervisor Pirie

31.   Approve reappointment of Marline K. Bushey to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Wormhoudt

32.   Approve reappointment of Naomi Brauner to the First 5 Commission for a term to expire April 1, 2006, as recommended by Supervisor Wormhoudt

33.   Direct the Chairman to write to the County's federal representatives regarding the importance of Community Services Block Grant programs, as outlined, as recommended by Supervisor Wormhoudt

34.   Approve appointment of Matthew Johnston to the Water Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

35.   Adopt resolution opposing Assembly Bill 1397, which would impede local public control of water resources, and take related action, as recommended by Supervisor Stone

36.   Approve reappointment of Bernice Robertson to the Long Term Care Interagency Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

37.   Approve appointment of David Lucio to the Latino Affairs Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

38.   Approve reappointment of Fifth District representatives to various County advisory bodies, as outlined, for terms to expire April 1, 2009, as recommended by Supervisor Stone

39.   Approve reappointment of Leonard G. Rorer to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Stone

40.   Approve reappointment of Arcadio Viveros to the First 5 Commission for a term to expire April 1, 2006, as recommended by Supervisor Campos

41.   Approve reappointment of Vincent Oviedo to the Mental Health Advisory Board for a term to expire April 1, 2008, as recommended by Supervisor Campos

42.   Accept and file annual report of the Water Advisory Commission and take related action, as recommended by Chairman Campos

43.   Accept and file annual report of the Integrated Waste Management Local Task Force, as recommended by Chairman Campos

44.   Approve reappointment of Dan Reed to the Hazardous Materials Advisory Commission, as an at-large representative of labor, for a term to expire April 1, 2009, as recommended by Chairman Campos

 

HEALTH AND SOCIAL SERVICES

45.   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

46.   Approve amendment to agreement with the Santa Cruz AIDS Project increasing the maximum amount by $91,188 to $161,683 for Satellite Syringe Exchangers Project services, as recommended by the Health Services Agency Director

47.   Adopt resolution authorizing participating pharmacies within the unincorporated territory to furnish or sell syringes to individuals and authorize the Health Services Agency to implement the local Disease Prevention Demonstration Project, as recommended by the Health Services Agency Director

48.   Accept and file report on the Mental Health Services Act Planning Process and direct the Health Services Agency to return on May 17, 2005, with a further report, as recommended by the Health Services Agency Director

49.   Accept and file report on options for delivering indigent care, and direct staff to present a more extensive report during budget hearings, 2005, as recommended by the Health Services Agency Director

50.   Authorize the Human Resources Agency Director to execute a contract with McWilliams Mailliard Technology Group to purchase the Adult Protective Services Automated Tracking System for a cost not-to-exceed $24,000 for fiscal year 2004/2005; and direct the Human Resources Agency Director to include $4,600 in the fiscal year 2005/2006 proposed budget for subscription and license costs for continuous access to the system, as recommended by the Human Resources Agency Director

51.   Approve independent contractor agreement with Kestrel Consulting for preparation of an application for water bond grant funds under Proposition 50, for a not-to-exceed amount of $40,518.50; authorize the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works and the Director of Environmental Health

 

LAND USE AND PUBLIC PROJECTS

52.   Schedule a public hearing on April 12, 2005, on the morning agenda at 9:00 a.m. or thereafter to consider amendments to the County Code governing transportation and installation of replacement mobile homes in mobile home parks, including parking and other standards and exceptions, as recommended by the Planning Director

53.   Schedule a public hearing on April 12, 2005, on the morning agenda at 9:00 a.m. or thereafter, to consider amendments to the County Code regarding incentives for historic preservation, as recommended by the Planning Director

54.   Approve Contract Change order No. 1 in the amount of $20,995 for the Sudden Oak Death Hazardous Tree Removal Project - Phase III; authorize the Chairman 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

55.   Adopt resolution approving and accepting terms and conditions of contract for right-of-way acquisition for Paulsen Road - Whiting Road Bridge Replacement project; authorize the Director of Public Works to sign contract; and approve payment of claim, as recommended by the Director of Public Works

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, accept and file report on the Pajaro River Levee Reconstruction project, as recommended by the District Engineer

57.   Approve agreement between the County, Loma Prieta Joint Union Elementary School District and the Loma Prieta Community Foundation for improvements to the irrigation system for which the County contribution is $23,000; approve the transfer of funds from the Summit Park Dedication District to make funds available for the project; and authorize the Director of Parks to execute the agreement, as recommended by the Director of Parks, Open Space and Cultural Services

58.   Approve appointments of Lee Charter, Tish Miller and Gary Ransome to the Soquel Village Parking and Business Improvement Area Advisory Board for a four year term to expire April of 2009, as recommended by the Redevelopment Agency Administrator

 

ADDENDA

58.1   Adopt resolution appointing Michele Violich, M.D., Interim County Health Officer from March 26, 2005 through March 31, 2005 and Ira Lubell, M.D., Interim County Health Officer from April 1, 2005 until a permanent County Health Officer is appointed pursuant to Section 101000 of the California Health and Safety Code, as recommended by the Health Services Agency Director

58.2   Adopt resolution supporting the passage of Assembly Bill 396, as recommended by Supervisor Beautz


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

 

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

59.   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.: Morgan P. v. Pajaro Valley Unified School District, Santa Cruz County Mental Health, Special Education Hearing Office Case No. SN05-00154

Case Name/No.: Mary McConnell v. County of Santa Cruz
Claim No. 5200790

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*****

60.   Public hearing to consider parking maintenance and operating changes for the Soquel Village Parking and Business Improvement 2005/2006 fiscal year and direct the Clerk of the Board to take related actions
a. Letter of the Redevelopment Agency Administrator of March 3, 2005
b. 2004/2005 Annual Report
c. 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).

61.   Consider opposing the appointment of Nancy Drinkard to the California State Board of Forestry (continued from March 3, 2005, Item No. 36.1)
a. Letter of Supervisor Stone of March 1, 2005
b. Letter of Jody Frediani of February 28, 2005
c. Related Correspondence
d. Various Correspondences


62.   Consider ordinance amending Sections 7.69.020 and 7.69.040 of the County Code pertaining to installation of water conservation devices
a. Letter of the Director of Public Works of March 7, 2005
b. Ordinance amending Sections 7.69.020 and 7.69.040 (strike-out version)
c. Ordinance amending Sections 7.69.020 and 7.69.040 (clean version)


63.   Consider Report of the County Administrative Office regarding establishment of community facilities district and incurring bonded indebtedness to acquire a private water system serving the Felton area; and consider related resolutions
a. Letter of the County Administrative Officer
b. Resolution of the Board of Supervisors Declaring its Intention to Establish Community Facilities District No. 1 (Felton) and to Authorize the Levy of Special Taxes therein
c. Resolution of the Board of Supervisors Declaring its Intention to Incur Bonded Indebtedness for Proposed Community Facilities District No. 1 (Felton)
d. Various Correspondences


64.   Consider a resolution of intention to annex the Cities of Scotts Valley, Capitola and Santa Cruz and activate the remaining unincorporated areas and levy a new benefit assessment for the Mosquito and Vector Control County Service Area (CSA) No. 53 and consider related CEQA and other actions
a. Letter of the Agricultural Commissioner
b. Exhibit A: Tracking Survey Results
c. Exhibit B: Timeline
d. Exhibit C: Environmental Review
e. Exhibit D: Resolution Requesting LAFCO to take proceedings
f. Exhibit E: Engineer's Report
g. Exhibit F: Resolution Approving Engineer's Report, etc.
h. Exhibit G: Resolution Accepting and Appropriating Funds
i. Exhibit H: Resolution Transferring Funds
j. Exhibit I: Addendum to Independent Contractor's Agreement


65.   Consider appointments to various County advisory bodies, as outlined, as at-large representatives in the categories indicated, for terms to expire April 1, 2009
a. Letter of Chairman Campos of March 4, 2005


66.   Consider appointment of Larry deGhetaldi, M.D. to the Santa Cruz-Monterey County Managed Medical Care Commission, as an at-large provider representative (physician in private practice), in accordance with County Code Section 7.59.030, for a term to expire April 1, 2009
a. Letter of Supervisor Beautz of February 15, 2005
b. Application


67.   Consider reappointment of Rama Khalsa, Cecilia Espinola, and Maria Castro to the First 5 Commission, as at-large representatives pursuant to County Code Section 2.45.030, for terms to expire April 1, 2006
a. Letter of Chairman Campos of March 2, 2005


68.   7:00 P.M. SCHEDULED ITEM

AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7A, conduct a public hearing, in the Watsonville City Council Chambers, on establishing impervious area fees for the new Zone 7A; adopt resolution of the Santa Cruz County Flood Control and Water Conservation District establishing impervious area fees on new construction within Zone 7A of the District; direct the Planning Department to begin collecting impervio7us area fees on all applications received on or after May 16, 2005, prior to the issuance of a building permit for new construction within the boundary of Drainage Zone 7A; direct Public Works to begin collecting the impervious area fees on all applications for land divisions or subdivisions with in Drainage Zone 7A received on or after May 16, 2005, prior to recordation of the map; and direct the Clerk of the Board to include these fees in the Unified Fee Schedule, as recommended by the District Engineer

a. Letter of Flood Control and Water Conservation District
b. Drainage Zone 7A Quick Fact Sheet


69.   7:30 P.M. SCHEDULED ITEM

AS THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS, Presentation honoring the Watsonville High School Boys Soccer Team in recognition of their successful 2004-2005 season

a. Letter of Chairman Campos


70.   7:30 P.M. SCHEDULED ITEM

THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, will convene and carry out a regularly scheduled meeting in the Watsonville City Council Chambers (agendas are located on the table at the front of the Watsonville City Council Chambers)

a. Agenda
b. Action Summary Minutes
c. 2005/2006 Zone 7 Assessment Rates
d. Status Report on the Pajaro River
e. Status Report on the Pajaro River Watershed Flood Prevention Authority
f. Informational Report on the New Drainage Zone 7A
g. Payment of Invoice, Northwest Hydraulic Consultants
h. Pajaro River Lagoon Monitoring
i. Letter of Department of the Army
j. Letter of City of Watsonville
k. Letter of Pajaro Valley Flood Control Discussion Group


        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.