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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

December 8, 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 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.









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