Please Note:
Santa Cruz County
Governmental Center Building
701 Ocean Street, Room 525, Santa Cruz, CA
December 8, 1998
Consent Agenda
Oral Communications 1:30 Scheduled and Regular
Departmental Items 10:45 Scheduled and Regular Departmental Items Moment of Silence and Pledge of Allegiance ************** 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.
******CONSENT AGENDA******
GENERAL GOVERNMENT
6. Approve claims as submitted by the Auditor-Controller
7. Approve minutes of November 24, 1998, as recommended by the Clerk of the Board
8. Accept and file notification of continuing contracts received during the period of November
23, 1998 through December 4, 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. Defer report on Golden Torch Trailer Park until December 15, 1998, as recommended by the
County Administrative Officer
10. Deny application to file late claim on behalf of William Lawrence No. 899-051 and refer to
County Counsel
11. Deny claim of Armando Villalobos Farfan, Jr., No. 899-059 and refer to County Counsel
12. Deny claim of Kathleen Erin Kelley No. 899-060 and refer to County Counsel
13. Deny claim of Pacific Bell No. 899-062 and refer to County Counsel
14. Deny claim of Benjamin Tumbaga No. 899-063 and refer to County Counsel
15. Deny claim of Nancy Clark No. 899-065 and refer to County Counsel
16. Deny claim of Edward Chavez No. 899-067 and refer to County Counsel
17. Deny claim of Ed Chavez No. 899-067, amended, and refer to County Counsel
18. Deny claim of Margie Campos No. 899-068 and refer to County Counsel
19. Accept the Statement of Vote for the November 3, 1998 Consolidated General Election, as
recommended by the County Clerk
20. Approve plans and specifications (on file with Clerk) for the replacement of Automatic
Doors at 701 Ocean Street and 1080 Emeline Street; set bid opening for Tuesday, January 12,
1999 at 10:45 a.m.; and take related actions, as recommended by the Director of General
Services
21. Adopt resolution accepting and appropriating unanticipated revenue from the State Board of
Corrections for Juvenile Crime Enforcement and Accountability Challenge Grant (Planning
Grant) Program, as recommended by the Chief Probation Officer
22. Accept and file report on the State-County Tax Administration Program; adopt resolution
accepting and appropriating unanticipated revenue in the amount of $75,421; and approve
independent services contract with Appleby and Company, Incorporated, in the amount of
$42,921 to provide an electronic document system, as recommended by the Assessor
23. Approve Proposition 172 Maintenance of Effort calculation for 1998/99 and direct the
County Administrative Office to sign and forward the 1998/99 certification to the
Auditor-Controller, as recommended by the County Administrative Officer
24. Approve various salary, classification and title changes actions, as recommended by the
Personnel Director
25. Accept notification of two vacancies on the Board of Law Library Trustees, with
nominations for appointment to be received on January 12, 1999, and final appointments to be
made January 26, 1999, as recommended by Chairperson Beautz
26. Delete item
27. Approve appointment of Ruth De Pue to the Mobilehome Commission for a term to expire
April 1, 2001, as recommended by Supervisor Almquist
28. Accept nomination of Michelle Hinkle and Michael W. Keogh for reappointment as at-large
representatives to the Santa Cruz Metropolitan Transit District Board of Directors, for terms to
expire December 31, 2002, with final appointment to be made December 15, 1998, as
recommended by Supervisor Almquist
29. Direct the Department of Public Works to allocate and expend the time and staff
commitment necessary to apply for possible funding sources for improvements to the Highway 9
corridor identified in the Ben Lomond Town Plan, and take related actions, as recommended by
Supervisor Almquist
30. Adopt resolution Denying Without Prejudice the Application of Charter Communications
Inc., Kelso Investment Associates, V. LP and its Affiliates, Charter House Group International
(collectively "Charter") for a Transfer of Control to Paul G. Allen of the Franchise Granted by
the County and Setting Forth the Grounds and Reasons Therefor; and authorize the County
Administrative Officer and Special Counsel to take such actions as are necessary to protect
subscribers from an unauthorized transfer of the franchise granted to Charter Communications
on May 19, 1998 during the Board of Supervisors holiday recess, as recommended by the
County Administrative Officer
31. Approve modifications to County Procedures Manual, as recommended by the County
Administrative Officer
32. Approve revised submittal to the Santa Cruz Regional Transportation Commission for the
County's Applications for STP/CMAQ Funding; adopt resolution amending Resolution No.
402-98 approving applications certifying local funding share and recommended priority for
submittal to the Surface Transportation Program and Congestion Mitigation and Air Quality
Improvement Program Project, as recommended by the County Administrative Officer
33. Approve the 1999 Legislative Program and direct the County Administrative Officer to
forward the program to our State and Federal Representatives and to our State and Federal
Associations for their consideration, as recommended by the County Administrative Officer
34. Defer request of the District Attorney to add one FTE Attorney Position for the prosecution
of public assistance fraud cases to January 12, 1999, as recommended by the County
Administrative Officer
35. Accept report and direct General Services to return on or before January 12, 1999, with
recommendations on a contract for design services for construction of a replacement facility for
Court Modular Buildings, as recommended by the Director of General Services
HEALTH AND SOCIAL SERVICES
36. Approve submittal to the State of $11,214 PATH Grant and $71,261 Block Grant application
for services to the mentally ill; and direct the Clerk of the Board to take related actions, as
recommended by the Health Services Agency Administrator
LAND USE AND PUBLIC PROJECTS
37. Approve amendment to agreement between the State of California and the County of Santa
Cruz for the jointly funded State Route 1 and State Park Drive Signalization and Safety Lighting
Project; approve transfer of funds in the amount of $9,000 from County Service Area 9, Bicycle
Detection Projects to County Service Area 9, State Route 1 and State Park Drive Signalization
and Safety Lighting Project, as recommended by the Director of Public Works
38. Authorize the addition of 16 street lights installed at Tract 1334, Diamond Estates, to the
inventory of the Residential Lighting District, County Service Area No. 9, and take related
actions, as recommended by the Director of Public Works
39. Accept improvements and approve final cost for Soquel Drive Storm Damage Repair Project
and direct the Clerk of the Board to file the Notice of Completion, as recommended by the
Director of Public Works
40. Adopt resolution authorizing the Chairperson to sign an agreement for Federal
Apportionment Program for 1997/98 Exchange and State Match Programs in the total of
$367,914; and take related actions, as recommended by the Director of Public Works
41. Adopt resolution accepting unanticipated revenue in the amount of $20,000 from the Aptos
Roadside Improvement Fund for reconstruction of curb, gutter and sidewalk on Soquel Drive at
Twin Palms Drive, as recommended by the Director of Public Works
42. Approve amendment to the Independent Contractor Agreement No. 71653 with Anderson
Pacific Engineering by increasing the not-to-exceed amount to $265,565 for the San Andreas
Road Repair at Manresa Beach State Park; and authorize the Director of Public Works to sign
the contract amendment on behalf of the County, as recommended by the Director of Public
Works
43. Ratify list of Storm Damage, Road Resurfacing and Rehabilitation Projects which Public
Works has provided for the Santa Cruz Regional Transportation Commission for State
Augmentation Funding consideration; direct Public Works to report back on or before March 2,
1999 on the outcome of funding submittal, as recommended by the Director of Public Works
44. Authorize extension of the Limited Term Accountant III Position, as recommended by the
Director of Public Works
45. Adopt resolution accepting and appropriating unanticipated revenue in the amount of
$20,000; approve a limited term appointment of a Recreation Coordinator-Teens in the Parks
Department, as recommended by the Director of Parks, Open Space and Cultural Services
46. Adopt resolution authorizing the Cultural Council of Santa Cruz County to execute the
1999-00 State/Local Partnership Grant Application, as recommended by the Director of Parks,
Open Space and Cultural Services
47. Approve the 1998/99 Public Art Plan as presented by the Arts Commission, as recommended
by the Director of Parks, Open Space and Cultural Services
48. Accept and file report regarding the property located at the corner of McGregor and Sea
Ridge Drives, as recommended by the Planning Director (materials available Thursday,
December 3, 1998)
REDEVELOPMENT AGENCY
49. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, award a contract to Henry Van Siclen Construction in the
amount of $28,605 for the 1985A Chanticleer Avenue Renovation Project; and take related
actions, as recommended by the Director of General Services and the Redevelopment Agency
Administrator
50. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY
REDEVELOPMENT AGENCY, approve agreement with Mercy Housing California in the
amount of $67,407.50 for work related to McIntosh Mobile Home Park; and take related actions,
as recommended by the Redevelopment Agency Administrator
EXECUTIVE SESSION - BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY
51. 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.: State of California, ex rel. Stull v. Bank of America, et al. (San Francisco
Superior Court No. 968-484); Arreola v. County of Monterey et al. (Monterey Superior Court
Case No. 105661); Bazar v. County of Santa Cruz (Santa Cruz Superior Court Case No.
134334); Rhodes and Kesling, Inc. v. Redevelopment Agency of the County of Santa
Cruz(Superior Court Case No. 134712)
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.
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.
52. Continued Public hearing to establish the 1999 Growth Goal
(continued from November 24, 1998, Item No. 63)
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
53. Consider the recommendation of the Agricultural Advisory Commission and additional
reports from County Counsel and Planning Department regarding a proposed Right-to-Farm
Ordinance (continued from November 24, 1998, Item No. 64)
a. Letter of the Planning Director of November 13, 1998
b. Model Right-to-Farm Ordinance recommended by the Agricultural Policy Advisory
Commission
(materials below are on file with Clerk)
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).
54. *Jurisdictional hearing to consider the Planning Commission's decision to grant a variance to
floor area ratio regulations in association with Coastal Zone Permit No. 97-0622; a proposal to
demolish an existing garage and to construct a two-story, single-family dwelling with a garage
below constituting a three-story dwelling on property located at 413 Beach Drive, Aptos;
Application No. 997-0622; APN: 043-105-07; Owner: Norma Odenwaller; Applicant: Tracy
Robert Johnson
a. Letter of the Planning Director of November 18, 1998
b. Appeal letter of Doug Marshall of November 6, 1998
c. Planning Commission Minutes and Staff Report of October 28, 1998
d. Location Map and Project Plans
*CRITERIA FOR TAKING JURISDICTION: The Board of Supervisors will only accept
jurisdiction of an appeal if the presentation of the appellant convinces the Board that there was a
lack of a fair and impartial hearing before the Planning Commission, or that the Planning
Commission decision is not supported by the facts presented or considered at the time the
decision was made, or that there is significant new evidence relevant to the decision which could
not have been presented to the Planning Commission, or that there was an error or abuse of
discretion on the part of the Planning Commission, or there is some other factor which renders
the act done or determination made justified or inappropriate to the extent that a further hearing
before the Board is necessary.
55. Consider the Auditor-Controller's Office Quarterly Financial Update for First Fiscal Quarter
1998-99
a. Letter of the Auditor-Controller of December 2, 1998
b. Financial Update for First Fiscal Quarter
56. Consider report on the status of the Care of Court Wards budget
a. Letter of the Chief Probation Officer of November 18, 1998
57. Consider report regarding Welfare Fraud Special Investigations Unit
a. Letter of the Human Resources Agency Administrator of October 7, 1998, with attachments
58. 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 24, 1998, Item No. 65)
a. Letter of the Planning Director of October 20, 1998
b. Proposed resolution
c. Proposed General Plan/LCP Amendments
d. Proposed ordinance
(materials below are on file with Clerk)
e. Copy of current Nonconforming Use Regulations
f. Summary table of Current and Proposed Regulations
g. Minute Order from Board of Supervisors Meeting of December 9, 1997
h. Minute Order from Board of Supervisors Meeting of May 6, 1997
i. Copy of Government Code Section 65852.25 (Senate Bill 2112)
j. Environmental Review Initial Study and Notice of Determination
k. Planning Commission Resolution and Meeting Minutes of May 27, 1998
l. Letter of the Commission on Disabilities dated January 9, 1998
m. Minutes of the Housing Advisory Commission of April 1, 1998
n. Minutes of the Historic Resources Commission of July 2 and August
20, 1998
o. 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).
59. Delete item
60. Public hearing to consider adoption of a resolution amending the Unified Fee Schedule
a. Letter of the County Administrative Officer of December 1, 1998
b. Proposed resolution, with attachments
61. 10:45 A.M. Scheduled Item
Bid opening to provide, install and connect 2,000 gallon three-compartment kitchen grease
interceptor for the County of Santa Cruz Residential Care Facility located 126 Front Street,
Santa Cruz
a. Letter of the Director of General Services of October 29, 1998
SCHEDULED AND REGULAR DEPARTMENTAL ITEMS - 1:30 P.M. or thereafter
62. Public hearing to consider a proposal to enter various parcels in the Bonny Doon and North
Coast planning areas into Williamson Act Contracts. The properties are located adjacent to both
sides of State Route One beginning at Laguna Creek extending north of Molino Creek to a
pumping station, but excluding the RMC Lone Star cement plant and the community of
Davenport. Application No. 98-0605; Applicant: The Trust for Public Land; Owner: Coast
Dairies and Land, Co.
a. Letter of the Planning Director of November 23, 1998
b. List of Contract Properties
c. Land Conservation Contract
d. Environmental Exemption
e. Map of Coast Dairies Property
63. Public hearing to consider the proposal to rezone Assessor's Parcel Number 086-041-46 from
Residential Agriculture zone district to the Timber Production zone district. Requires a
rezoning. The property is located on the south side of Foxglove Lane (1425 Foxglove Lane)
about 1 and 1/4 miles west of the intersection of Foxglove Lane and China Grade Road.
Application No.: 98-0227; APN: 086-041-46; Owner and Applicant: Rochelle (Armbrust) Kelly
a. Letter of the Planning Director of October 12, 1998
b. Findings
c. CEQA Exemption
d. Planning Commission Resolution
e. Rezoning Ordinance
f. Planning Commission Staff Report and Minutes
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).
64. Public hearing to consider a proposal to demolish 43 barrack-style farm labor housing units
and to construct 43 replacement farm labor housing units, including the demolition of incidental
laundry/storage multipurpose meeting rooms to be replaced with new community building with
office and managers quarters, construction of a 36 foot high water storage tank, encroachment
into the Agricultural Buffer, and encroachment into a Riparian Buffer and Agricultural Buffer
Setback. Requires an Amendment to Use Permit No. 2342-U, a Residential Development
Permit, a Coastal Zone Permit, and preliminary Grading Approval. Property located on the
southwest side of San Andreas Road (295 San Andreas Road), about 1 mile northwest of Beach
Drive. Receiver: John Richardson; Applicant: Mid-Peninsula Housing Coalition; APN:
052-191-06
a. Letter of the Planning Director of November 28, 1998
b. Findings of Approval
c. Conditions of Approval
d. Letter of the Planning Director dated October 6, 1998
e. Planning Commission Staff Report of November 12, 1998
f. Minutes of Planning Commission Meeting of November 12, 1998
g. Project Plans
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 report on Latino Equity
66. Consider an urgency ordinance adding Chapter 2.45 to the Santa Cruz County Code relating
to the establishment of the Children's and Families First Commission as provided for in State
Proposition 10, the California Children's and Families First Act of 1998, and taking related
actions
a. Letter of the Health Services Agency Administrator
b. Proposed ordinance
67. Consider report concerning Santa Cruz County Health Options and wheelchair repair
procedures, and taking related actions
68. Consider report on High Risk Adolescent Drug Treatment Services and resolution accepting
and appropriating a total of $69,220 in unanticipated revenue from State funds to support high
risk adolescent drug treatment services and taking related actions, and direct the Health Services
Agency Administrator to report back on January 26, 1999 with a status report and program
update
a. Letter of the Health Services Agency Administrator, with attachments
69. Consider ordinance prohibiting Timber Harvesting within Riparian Corridors not in the
Coastal Zone
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.
Page counter now reads
9:00
Roll Call
12:00
Lunch
10:00
Scheduled and Regular Departmental Items
3:15
Recess
10:30
Recess
The Board will adjourn after
the completion of all
scheduled items
1.
Roll Call
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.
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.