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Santa Cruz County

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Santa Cruz County

Board of Supervisors Agenda

Governmental Center Building

701 Ocean Street, Room 525, Santa Cruz, CA

November 24, 1998


9:00 Roll Call

Consent Agenda

Oral Communications

12:00

1:30

Lunch

Scheduled and Regular Departmental Items

10:00 Scheduled and Regular Departmental Items 3:15 Recess
10:30

10:45

Recess

Scheduled and Regular Departmental Items

The Board will adjourn after the completion of all scheduled items.


1. Roll Call

Moment of Silence and Pledge of Allegiance

2. Consideration of Late Additions to the Agenda
3. Additions and Deletions to the Consent Agenda; and Action on the Consent Agenda
4. ORAL COMMUNICATIONS - Any person may address the Board during its Oral Communications period. Presentations must not exceed three 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 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 te 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.
5. Additions and Deletions to 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.

Traducciones del ingles al espanol y del espanol al ingles estan disponibles en las sesiones de la Mesa Directiva. Por favor hagan arreglos por anticipo con la Secretaria de la Mesa Directiva, en cuarto numero 500, o por telefono al numero (831) 454-2323.


The County complies with the Americans With Disabilities Act. As a courtesy to those who are affected, please attend the meetings smoke and scent free. Questions regarding accommodation under the ADA should be directed to the office of the Clerk of the Board at 454-2323.

******CONSENT AGENDA******

GENERAL GOVERNMENT

6. Approve claims as submitted by the Auditor-Controller

7. Approve minutes of November 10, 1998, as recommended by the Clerk of the Board

8. Accept and file notification of continuing contracts received during the period of November 9, 1998 through November 20, 1998 and approved upon adoption of the 1998/99 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. Adopt ordinance adding Section 6.04.130 and amending Section 6.24.030 of the Santa Cruz County Code regarding establishing Biomedical Livestock Animal Treatment Standards (approved in concept November 10, 1998, Item No. 68)

10. Schedule jurisdictional hearing for Tuesday, December 8, 1998 at 9:00 a.m. or thereafter to consider an appeal of the Planning Commission's decision to approve a floor area ratio variance regarding Application No. 97-0622; property located on the north side of Beach Drive (413 Beach Drive), about 3/4 mile southeast of the Esplanade and Rio Del Mar Boulevard, Aptos, as recommended by the Clerk of the Board

11. Accept and file Final 1998-99 Capital Improvement Program document and direct the County Administrative Office to return on or before May 18, 1999 with the proposed 1999-00 Capital Improvement Program, as recommended by the County Administrative Officer





12. Adopt resolution amending Resolution No. 304-92 authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056, as recommended by the County Administrative Officer

13. Approve contract amendment with David M. Griffith and Associates Ltd. for services relating to claims administration associated with specific state mandated cost recovery activities and related actions as recommended by the County Administrative Officer

14. Deny claim of Karen Chase No. 899-052 and refer to County Counsel

15. Deny claim of Frank German No. 899-054 and refer to County Counsel

16. Deny claim of Lenora Hope Silva No. 899-056 and refer to County Counsel

17. Accept and file report of Attorney Antonio Rossman regarding the County's groundwater regulatory authority, as recommended by County Counsel



18. Accept and file status report on Natural Gas Fueling Coalition projects, and direct General Services to return with necessary agreements and contract documents on or before December 15, 1998, as recommended by the Director of General Services

19. Accept and file report on parking management at the County Government Center, and direct the Department of General Services to report back with additional recommendations for parking management at the County Government Center parking lot on or before March 2, 1999, as recommended by the Director of General Services

20. Accept report on the replacement facility for Court modular buildings and direct General Services to return on or before December 8, 1998, with recommendations on an architectural firm to carry out the necessary design services, as recommended by the Director of General Services

21. Accept report on County Fire Department Volunteer Firefighter Handbook (on file with Clerk), as recommended by the Director of General Services

22. Approve gross pay adjustments to rectify employment processing errors, as recommended by the Personnel Director

23. Accept and file status report on Care of Court Wards budget, as recommended by the Chief Probation Officer

24. Approve contribution of $1,000 towards the County Office of Education Student Survey of Teen Alcohol and Drug Use, as recommended by the Sheriff-Coroner

25. Approve design and engineering services contract with On Line Electric for an amount not to exceed $11,856 for the purpose of designing the Main Jail roll-up booking garage sally port doors and additional security fencing, as recommended by the Sheriff-Coroner

26. Authorize Sheriff-Coroner to submit application to the Board of Corrections for a Mentally Ill Offenders Crime Reduction (MIOCR) Planning Grant in the maximum amount of $31,500; and adopt resolution appointing a County Mentally Ill Offender Crime Reduction Strategy Committee (MIOCRSC), as recommended by the Sheriff-Coroner

27. Approve the process outlined by the Domestic Violence Commission to solicit, accept and disburse donations for the purposes of public education activities relative to the prevention of domestic violence, as requested by the Commission and recommended by Chairperson Beautz (continued from November 10, 1998, Item No. 31)



28. Authorize payment of $300 from Budget Unit 18000, Subobject 3665, to the Association of Monterey Bay Governments to provide assistance with expenses involved with the National Association of Regional Councils' 33rd Annual Conference and Exhibition, as recommended by Chairperson Beautz

29. Approve schedule of meetings of the Board of Supervisors for calendar year 1999, and establish schedule for 1999-2000 budget hearings, as recommended by Chairperson Beautz

30. Approve appointment of David A. Foster to the Housing Advisory Commission for a term to expire April 1, 1999, as recommended by Supervisor Wormhoudt

31. Approve appointment of Mara Elliott to the Latino Affairs Commission for a term to expire April 1, 2001, as recommended by Supervisor Symons

32. Approve appointment of Jess Brown to the Parks and Recreation Commission for a term to expire April 1, 2001, as recommended by Supervisor Symons

33. Schedule a public hearing for December 15, 1998, on the afternoon agenda beginning at 1:30 p.m. to consider Application No. 98-006, a proposal to amend Coastal Permit No. 91-0211 by relocating and modifying the size of the required Vista walkway and vista point. Requires a Coastal Permit Amendment. The property is located on the west side of Sea View Drive (452 Sea View Drive), at the intersection of Baldwin Drive and Sea View Drive in Aptos, as recommended by Supervisor Symons

33.1 Approve appointment of Frank Siri to the Water Advisory Commission for a term to expire April 1, 2001, as recommended by Supervisor Symons

33.2 Direct the County Administrative Officer to have the Planning Department prepare a report including the issues surrounding the McGregor property and schedule a public hearing to be held at 7:30 p.m. on December 8, 1998, to present the report by the Planning Department and offer the community a forum for its discussion as well as an opportunity for the developer to present his views, as recommended by Supervisor Symons

HEALTH AND SOCIAL SERVICES



34. 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 Administrator

35. Approve two 1998/99 Community Mental Health agreements for psychiatric services and authorize the Health Services Agency Administrator to sign the agreements, as recommended by the Health Services Agency Administrator

36. Authorize the purchase of a personal computer and related software at an approximate cost of $3,500 and approve related appropriations transfer in the Child Health and Disability Program budget, as recommended by the Health Services Agency Administrator

37. Approve 1998/99 agreement with the Santa Cruz Community Counseling Center in the amount of $140,000 for community mental health services, and authorize the Health Services Agency Administrator to sign, as recommended by the Health Services Agency Administrator

38. Adopt resolution in support of the MediCal Outreach Grant (on file with Clerk) and authorize the Health Services Agency Administrator to submit the grant application on behalf of the County, as recommended by the Health Services Agency Administrator

39. Accept and file report on ambulance response performance standards, as recommended by the Health Services Agency Administrator

40. Accept and file the report regarding the Alcohol and Drug Program budget and prevention activities, as recommended by the Health Services Agency Administrator

LAND USE AND PUBLIC PROJECTS



41. Approve the concept of the Mobile Muse Project and request the Arts Commission to implement this new project as soon as possible, as recommended by the Director of Parks, Open Space and Cultural Services

42. Accept and file report on the Landslide Hazard Mitigation Program and direct the Planning Department to return on or before December 15, 1998 with program recommendations, as recommended by the planning director

43. Schedule public hearing on December 15, 1998, on the morning agenda, to consider the Planning Commission's recommendation regarding a general plan amendment to policy 5.10.10 regarding the scenic corridor designation on a portion of Mt. Madonna and Casserly Roads, as recommended by the Planning Director

44. Schedule public hearing on December 15, 1998, on the afternoon agenda beginning at 1:30 p.m. to consider a proposal to convert properties from Williamson Act Contracts to Farmland Security Zone Contracts. Properties are located throughout South Santa Cruz County and include the following APNs: 052-231-34;106-211-113,21,22;110-101-04,05,06;110-102-04 and 110-121-12, as recommended by the Planning Director

45. Accept improvements and approve the final cost for Green Valley Road Storm Damage Repair Projects; and direct the Clerk of the Board to file the Notice of Completion; and take related actions, as recommended by the Director of Public Works

46. Accept improvements and approve the final cost for Jamison Creek Road Storm Damage Repair; and direct the Clerk of the Board to file the Notice of Completion; and take related actions, as recommended by the Director of Public Works

47. Accept improvements and approve the final cost for Muir Drive Overlay, County Service Area No. 26; and direct the Clerk of the Board to file the Notice of Completion; and take related actions, as recommended by the Director of Public Works

48. Approve the access and indemnity agreement for the Roy Wilson Yard soil investigation; and authorize the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

49. Approve agreement with TJKM in the amount of $9,160 for the modification and installation of the Signview Inventory Program; and authorize the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

LAND USE AND PUBLIC PROJECTS (Continued)



50. AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, adopt resolution vacating sewer easements and take related action, as recommended by the District Engineer

51. Accept and file status report on cooperative efforts with neighboring Counties to assess flood risks throughout the Pajaro River Watershed Basin and direct the Director of Public Works to return on or before March 23, 1999 with a status report, as recommended by the Director of Public Works

52. Approve transfer of funds in the amount of $135,000 from the Revegetation project to the Re-establish Levee Profile Project, as recommended by the Director of Public Works

53. Accept and file status report on the Buena Vista Landfill Gas Power Project; approve amendment to Agreement with Brown, Vence, and Associates for development of Buena Vista Landfill Gas Power Project for an amended contract not-to-exceed amount of $106,820; authorize the Director of Public Works to sign the contract amendment on behalf of the County, as recommended by the Director of Public Works

54. Adopt resolution preliminarily approving Engineer's Report; and adopt resolution approving plans and specifications (on file with Clerk) calling for sealed proposals for the Sunset Beach Water Main Extension Project; and take related actions, as recommended by the Director of Public Works

REDEVELOPMENT AGENCY

55. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, approve contract amendment with TRI-B, Incorporated, in the amount of $10,000 for the Simpkins Family Swim Center and take related actions, as recommended by the Redevelopment Agency Administrator

56. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, adopt resolution initiating an RDA Plan amendment process to extend the date of RDA property acquisition authorities, as recommended by the Redevelopment Agency Administrator

57. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, authorize the Redevelopment Agency Administrator to negotiate and sign a financing agreement for the Above the Line Project, as recommended by the Redevelopment Agency Administrator

EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY

58. SCHEDULE A CLOSED PERSONNEL AND LITIGATION SESSION AT THE CONCLUSION OF THE BOARD'S 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.: Sargent v. Yankish (Case No. 133542); City and County of San Francisco v. Phillip Morris, et al. (Case No. C-96-2090DLJ, People of the State of California, et al. v. Phillip Morris, et al. (San Francisco Superior Court No. 980864); State of California ex rel. Stull v. Bank of America NT&SA, et al. (San Francisco Superior Court No. 968-484); United States Automobile Association, Richard Zscheile and Judith Zscheile v. Pacific, Gas & Electric Company, County of Santa Cruz, Davey Tree Service, (Santa Cruz Superior Court Case No. CV 134309)

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation to be considered pursuant to subdivision (b) of Government Code Section 54956.9 for two potential cases.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address: 2800 Rosedale Avenue, Soquel California

Negotiating Parties: Mr. & Mrs. Rod Herd and County of Santa Cruz

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*****

SCHEDULED AND REGULAR DEPARTMENTAL ITEMS - A.M.



59. 9:15 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 7, to convene and carry out its regularly scheduled meeting (agendas are located on table at the back of the Chambers)





60. 9:30 A.M. Scheduled Item

Consider reports of the Commission on Disabilities and the Health Services Agency regarding services provided by Santa Cruz County Health Options (SCCHO)

a. Letter of the County Administrative Officer

b. Report of the Commission On Disabilities

c. Health Services Agency Report on Santa Cruz County Health Options (SCCHO)

61. Consider at-large appointments of Kathleen Morkert, John Petersdorf, Alvin Karp, Michael Molesky, Dr. Arthur Dover, Dr. Christine Griger, and Charles M. Moody, in the categories indicated, to the Santa Cruz-Monterey County Managed Medical Care Commission, for the terms of office to be determined by lot

a. Letters of Supervisors Wormhoudt, Symons, Beautz and Belgard

b. Applications and Statement of Qualifications

62. Consider appointment to the Pajaro Valley Water Management Agency Board of Directors, for a two year term

a. Letter of Supervisor Belgard of October 21, 1998

b. Letter of Supervisor Wormhoudt of November 9, 1998

c. Application and Statement of Qualifications

SCHEDULED AND REGULAR DEPARTMENTAL ITEMS - A.M.



63. Continued Public hearing to establish the 1999 Growth Goal

a. Letter of the Planning Director of November 6, 1998

b. Certification of the EIR/Notice of Determination

c. 1999 Growth Goals Report

d. Minute Order of September 22, 1998

e. Minutes of Planning Commission Meeting of October 28, 1998

f. Letter of the Sierra Club dated October 28, 1998

64. Consider the recommendation of the Agricultural Advisory Commission and additional reports from County Counsel and Planning Department regarding a proposed right-to-Farm Ordinance

a. Letter of the Planning Director of November 13, 1998

b. Model Right-to-Farm Ordinance recommended by the Agricultural Policy Advisory Commission

c. Memorandum of Dwight Herr, County Counsel, dated September 16, 1998

d. Planning Department Analysis of Model Right-to-Farm Ordinance

e. Minutes of the Agricultural Policy Advisory Commission of September 25, 1998

f. Memorandum of Mark Deming, Principal Planner, to APAC, dated September 16, 1998, with attachments

g. Correspondence



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).







SCHEDULED AND REGULAR DEPARTMENTAL ITEMS - A.M.





65. Continued public hearing to consider proposed General Plan/LCP amendments and ordinance amendments regarding residential nonconforming uses and general nonconforming use provisions (continued from November 10, 1998, Item No. 72)

a. Proposed resolution

b. Proposed General Plan/LCP Amendments

c. Proposed ordinance

d. Copy of current Nonconforming Use Regulations

e. Summary table of Current and Proposed Regulations

f. Minute Order from Board of Supervisors Meeting of December 9, 1997

g. Minute Order from Board of Supervisors Meeting of May 6, 1997

h. Copy of Government Code Section 65852.25 (Senate Bill 2112)

i. Environmental Review Initial Study and Notice of Determination

j. Planning Commission Resolution and Meeting Minutes of May 27, 1998

k. Letter of the Commission on Disabilities dated January 9, 1998

l. Minutes of the Housing Advisory Commission of April 1, 1998

m. Minutes of the Historic Resources Commission of July 2 and August

20, 1998

n. Correspondence



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).

SCHEDULED AND REGULAR DEPARTMENTAL ITEMS - A.M.

66. 10:45 A.M. Scheduled Item

Bid opening for the Roof Hoist at 1400 Emeline Avenue

a. Letter of the Director of General Services of September 29, 1998

67. 10:45 A.M. Scheduled Item

Bid opening for the Exterior Waterproofing at the Water Street Jail

a. Letter of the Director of General Services of October 6, 1998



68. 10:45 A.M. Scheduled Item

Bid opening for the Loma Prieta Replacement Fire Station

a. Letter of the Director of General Services of October 14, 1998





SCHEDULED AND REGULAR DEPARTMENTAL ITEMS - 1:30 p.m. or thereafter



69. Public hearing to consider a proposal to amend Commercial Development Permit No. 96-0772 by operating a teen residential care facility with a reduction in the permitted number of youth to 20 full-time residential occupants and 10 day-time participants and a reduction in the number of staff to 10. The amendment maintains the existing 5,657 square foot community house containing 10 bedrooms, kitchen and living rooms and a 2,588 square foot administration building. The amendment retains the historic use of the 7 existing cottages as rental units. Requires an amendment to Commercial Development Permit No. 96-0772. Property located on the north side of Freedom Boulevard, about .25 miles east of the intersection with Corralitos Road at 2716 Freedom Boulevard. Owner: Namvar Dinyar; Applicant: Mercy Charities Housing California; APN: 050-081-01

a. Letter of the Planning Director of November 13, 1998

b. Findings of Approval

c. Conditions of Approval

d. Environmental Exemption

e. Residential Care Facility Report

f. Program Statement

g. Above the Line Program

70. Public hearing to consider the Planning Commission's recommendations regarding General Plan/Local Coastal Program Land Use Plan and Implementing Ordinance Amendments relating to Timber Harvesting

a. Letter of the Planning Director dated November 17, 1998

b. Attachments (on file with Clerk)

c. Correspondence

*Note 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).





SCHEDULED AND REGULAR DEPARTMENTAL ITEMS - 1:30 p.m. or thereafter





71. Continued consideration of report on parcel size analysis of properties zoned Special Use "SU" for determining the appropriate parcel size for timber harvesting (continued from October 20, 1998, Item No. 48)

a. Letter of the Planning Director of October 14, 1998, with attachments



*Note 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).



NOTE: 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.

ATTENTION: You can view the Board of Supervisors current agenda and minutes on the World Wide Web at http://www.co.santa-cruz.ca.us



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