PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS VOLUME 98, NUMBER 25 SEPTEMBER 22, 1998 ******************************************************************** ACTION SUMMARY MINUTES VOTING KEY: A = Almquist, B = Beautz, R = Belgard; S = Symons, W = Wormhoudt; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent 1. All Supervisors present Moment of Silence and Pledge of Allegiance 2. Consideration of Late Additions to the Agenda 3. Additions and Deletions to Consent Agenda 4. ORAL COMMUNICATIONS - Four persons addressed the Board (An Oral Communications sign-in sheet will be filed with Written Correspondence for the Board's next meeting.) 5. Additions and Deletions to Regular Agenda CONSENT AGENDA WASRB 6. APPROVED claims as submitted by the Auditor-Controller 7. DELETED ITEM 8. ACCEPTED AND FILED notification of continuing contracts received during the period of September 14, 1998 through September 18, 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. ADOPTED ORDINANCE NO. 4512 amending Section 9.36.070 to the Santa Cruz County Code relating to parking restrictions in County Parking Lots; and directed General Services to install additional signage as outlined in report; and directed General Services to return on October 27, 1998 with additional recommendations on options for dispensing parking passes and a review of parking options, as recommended by the Director of General Services 10. ADOPTED ORDINANCE NO. 4513 amending Section 2.106.020 to the Santa Cruz County Code relating to Disaster Council Membership and Section 2.106.030 relating to Term of Office 11. APPROVED contract amendment to substitute the law firm of Shook, Hardy and Bacon for the law firm of Bennett and Rowland for the services of Herbert Rowland, Esq. in the case of Massey v. County of Santa Cruz, as recommended by County Counsel 12. APPROVED annual certification of financial responsibility for underground storage tanks containing petroleum and authorized the County Administrative Officer to sign the certification, as recommended by the Personnel Director 13. DENIED claim of Remijio Jaquez No. 798-124 and referred to County Counsel 14. DENIED claim of Matt Cusimano and Family No. 899-020 and referred to County Counsel 15. DENIED claim of David Herrlich No. 899-021 and referred to County Counsel 16. DENIED claim of Annette Roob for Ryan and Trevor Roob (minors) and the Estate of Michael Roob, No. 899-022 and referred to County Counsel 17. DENIED claim of Mario Sarrato No. 899-023 and referred to County Counsel 18. DENIED claim of Randy Kelley No. 899-025 and referred to County Counsel 19. ADOPTED RESOLUTION NO. 385-98 declaring the Board of Supervisors subject to the provisions of the Public Resources Code regarding the formation of Geologic Hazard Abatement Districts, and approved related actions, as recommended by County Counsel 20. ADOPTED RESOLUTION NO. 386-98 of intention setting a public hearing for Tuesday, October 27, 1998 at 9:00 a.m. or thereafter to consider formation of the Pajaro Dunes Geologic Hazard Abatement District; and approved related actions, as recommended by the Clerk of the Board 21. ACCEPTED nomination of Martha Martinez for reappointment to the Housing Authority Board of Commissioners, as an at-large tenant representative for a term to expire October 6, 2000, with final appointment to be made October 6, 1998, as recommended by Chairperson Beautz 22. APPROVED appointment of Maria Castro as the representative of the County Office of Education on the Children's Commission, for a term to expire April 1, 1999, as recommended by Chairperson Beautz 23. APPROVED appointment of Caroline Keller, Catherine Hatch, Bob Dwyer and Stan Wolfberg to the Job Training Task Force, as representatives of the agencies indicated, for terms to expire September 1, 1999, as recommended by Chairperson Beautz 24. APPROVED appointment of Mitsu Kumagai as the representative of the Area Agency on Aging on the Long Term Care Interagency Commission, for a term to expire April 1, 2000, as recommended by Chairperson Beautz 25. ACCEPTED AND FILED annual itemized report of revenues and expenditures for the Inmate Welfare Trust Fund, as recommended by the Sheriff-Coroner 26. DEFERRED recommendations on the humane treatment of animals used in biomedical research or production to November 10, 1998, as recommended by the County Administrative Officer 27. APPROVED standards for County letterhead stationery; directed all departments to convert to this standard on all future orders of stationery; directed that the computer based printers used for the printing of letterhead be re-configured using these standards as soon as practical; and directed General Services to provide materials to incorporate these standards into the next update of the County Procedures Manual, as recommended by the Director of General Services 28. DEFERRED report on the Micro Loan Program for Small Businesses to October 6, 1998, as recommended by the County Administrative Officer 29. ADOPTED RESOLUTION NO. 387-98 providing for zero property tax exchange for LAFCO No. 856 (Santa Clara County Parks and Recreation Boundary Adjustment), as recommended by the County Administrative Officer 30. DEFERRED receipt of report on the County's water resources management authority until October 20, 1998, as recommended by County Counsel 31. SEE ITEM NO. 59.1, REGULAR AGENDA 32. SEE ITEM NO. 59.3, REGULAR AGENDA 33. ACCEPTED AND FILED 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 34. AUTHORIZED the Auditor-Controller to make an advance payment for September 1998 on the contract with Santa Cruz Community Counseling Center in the amount of $270,902, as recommended by the Health Services Agency Administrator 35. SEE ITEM NO. 59.4, REGULAR AGENDA 36. APPROVED agreements with Pajaro Valley Unified School District Adult Education and Santa Cruz City Schools for computer training classes at the one-stop career centers in Watsonville and Santa Cruz; and authorized the Human Resources Agency Administrator to sign the agreements, as recommended by the Human Resources Agency Administrator 37. APPROVED contract in the amount of $50,000 with the County Office of Education/Child Development Resource Center for bilingual child care information and referral services, and approved related actions, as recommended by the Human Resources Agency Administrator 38. ACCEPTED low bid of Reber Construction in the amount of $82,450 for the Soquel/San Jose Road Storm Damage Repair; authorized award of contract; and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 39. APPROVED road closures and Aptos High School Homecoming Parade and directed Public Works to issue the parade permit, as recommended by the Director of Public Works 40. ACCEPTED low bid of On-Grade Contracting in the amount of $681,693 for the Trout Gulch Storm Repair Project and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 41. CONTINUED TO OCTOBER 6, 1998 consideration to accept low bid of Durden General Engineering in the amount of $411,400 for the County-wide Storm Debris Removal Project; authorize award of contract; and authorize the Director of Public Works to sign the contract 42. ACCEPTED improvements and approved final cost of the Ben Lomond and Buena Vista Landfills Drainage Improvements; authorized the Clerk of the Board to file the Notice of Completion; and approved related actions, as recommended by the Director of Public Works 43. APPROVED contractor's agreement with Ecology Action of Santa Cruz for motor oil recycling and public awareness services for a not-to-exceed amount of $30,000; and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works 44. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 6, AUTHORIZED the District Engineer to sign the cooperative agreement for the Redwood Village Business Protection Project and approved related actions, as recommended by the District Engineer 45. APPROVED program supplement to the County-State agreement for Browns Valley Road Bridge at Corralitos Creek Reconstruction Project; adopted RESOLUTION NO. 388-98 authorizing agreement between the State and the County for funding preliminary engineering of the Browns Valley at Corralitos Creek Bridge Reconstruction Project; and approved related actions, as recommended by the Director of Public Works 46. APPROVED plans, specifications, and engineer's estimate for the Beach Road Rehabilitation; authorized calling for bids; set bid opening for Tuesday, October 20, 1998 at 10:45 a.m.; and approved related actions, as recommended by the Director of Public Works 47. ADOPTED RESOLUTION NO. 389-98 approving the filing of a grant application to the Resources Agency of California for the Wilder Ranch Bike Path Project and approved related actions, as recommended by the Director of Public Works 48. APPROVED independent contractor agreement for environmental lab services with Philip Services Corporation for the County Household Hazardous Waste Program, and approved related actions, as recommended by the Director of Public Works 49. APPROVED amendment to agreement with Anderson Pacific Engineering Construction for the San Andreas Road at Manresa Beach Storm Damage Repair and authorized the Director of Public Works to sign the contract, as recommended by the Director of Public Works 50. SEE ITEM NO. 59.5, REGULAR AGENDA 51. APPROVED extension of the deadline for the expenditure of Agricultural Conservation Easement Program funds to purchase the Cardoza Dairy property to March 31, 1999, as recommended by the Planning Director 52. CONTINUED TO OCTOBER 6, 1998 consideration to approve the Planning Department's Advanced Planning Section Work Program for fiscal year 1998/99 53. RESCHEDULED public hearing for October 20, 1998 on the afternoon agenda beginning at 1:30 p.m. to consider the Planning Commission's recommendation on Application No. 95-0685, a proposal by Greg Steltenpohl and Fren and Bren Bailey to 1) remodel an existing 13,127 square foot commercial/residential structure to result in a 22,918 sq. ft. mixed commercial/residential/visitor-serving building; 2) excavate 1,350 cubic yards of earth to construct a parking lot to serve the proposed uses; and 3) rezone the subject property from the "C-1" (Neighborhood Commercial to "SU" (Special Use) zone district, as recommended by the Planning Director 54. AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case Name/No.: Appeal of Santa Cruz County Coastal Development Permit No. 97-0309, Coastal Commission No. A-3-SCO98-055; County of Santa Cruz, et al. v. California Department of Forestry, et al. (Santa Cruz Superior Court Case No. 133951) REPORT OF COUNTY COUNSEL - No report given 54.1 SEE ITEM NO. 59.2, REGULAR AGENDA REGULAR AGENDA 55. APPROVED at-large appointment of Ilse Lopes to the Hazardous Materials Advisory Commission (Community Representative category), for a term to expire April 1, 1999 ARSWB 56. Public hearing held to consider a proposed amendment to the Santa Cruz County General Plan regarding adding Policy 7.21.7 to allow sanitary sewer connections for the St. Francis Subdivision (the area extending along the west side of Highway 152 between the County Fairgrounds and Casserly Road); closed public hearing; adopted RESOLUTION NO. 390-98 amending the 1994 General Plan Land Use Plan by adding Policy 7.21.7 to allow sanitary sewer connections for the St. Francis Subdivision; and certified the negative declaration with mitigations RASWB 57. Public hearing held to establish the 1999 Growth Goal and status report on the 1998 Permit Allocation; closed public hearing; referred matter to the Planning Commission for consideration and recommendation to the Board; continued public hearing to November 24, 1998, with direction to staff to return with the recommendation of the Planning Commission and appropriate environmental documentation and a resolution for final Board action; accepted and filed report on the status of the 1998 Building Permit Allocation; with an additional directive that the Planning Commission consider additional policies that might ensure that County growth rates will not exceed State growth rates; including looking at the policy of carrying over unused market rate applications to the next year; the issue of unpermitted growth, particularly in rural areas; and a report to include a review of the 1991 arguments regarding the carry over of unused market rate applications WSRAB 58. Public hearing held to consider adoption of a resolution accepting offers of dedication along Madeline Drive into the County Maintained Road System; closed public hearing; adopted RESOLUTION NO. 391-98 accepting offers of dedication along Madeline Drive into the County maintained road system; adopted RESOLUTION NO. 392-98 accepting Madeline Drive into the County maintained road system SRWAB 59. CONSIDERED hospital services agreement between the Watsonville Hospital Corporation, dba Watsonville Community Hospital, and the County of Santa Cruz; approved the Hospital Service Agreement between the Watsonville Hospital Corporation, dba Watsonville Community Hospital, and the County of Santa Cruz; and authorized the Health Services Agency Administrator to sign the contract; with an additional directive that the Board receive a yearly status report regarding the enforcement of the agreement RSWAB 59.1 CONTINUED report on the potential project to improve sewage disposal in the Greater Pasatiempo area, and directed the Health Services Agency Administrator and Public Works Director to provide a follow up report on this matter on November 10, 1998, with an additional directive WASRB 59.2 APPROVED proposed amendments to the California Forest Practice Rules for Santa Cruz County, with an additional directive WAsrB 59.3 APPROVED the Public Health Commission's recommended three-year plan for use of $100,000 Mangini tobacco litigation settlement; adopted RESOLUTION NO. 393-98 accepting $40,300 in unanticipated revenue from the Mangini tobacco litigation settlement; and authorized the payment of $5,000 to the County Office of Education toward the purchase of a life skills prevention curriculum and related materials, as recommended by the Health Services Agency Administrator WASRB 59.4 ACCEPTED AND FILED report on Community Programs' responses to corrective actions with an additional directive RBSWA 59.5 AUTHORIZED Public Works and Planning Department to refund an amount not-to-exceed $141,000 from the Pajaro Valley Improvement Fund and $47,000 from the Pajaro Valley Roadside Fund for eligible offsite improvement costs for Diamond Estates Subdivision, as recommended by the Director of Public Works RASWB 60. RECEIVED bids regarding Viewpoint Drive Overlay Project, County Service Area No. 25 and referred to Public Works to return with a recommendation on or before October 6, 1998 RSWAB 61. CONSIDERED amendments to the County Code Chapter 8.45 to add mobilehomes as a category of housing subject to relocation assistance for displaced tenants; (1) read title and waived detailed reading of complete ordinance; (2) approved ordinance "in concept", as amended, to delete on page 3 Section 8.45.030 (A) last line beginning with "except where such use commenced before January 1, 1978, and the use and number of dwellings or mobilehome spaces is not in violation of the terms of any development permit issued for the property."; directed the Planning Department to schedule the ordinance revision for review by the Housing Advisory Commission on October 7, 1998; and to return on October 27, 1998 for final adoption (1) RWSAB (2) AWSrB Approved: Chair, Board of Supervisors Attest: Clerk of the Board Date: NOTE: This set of Board of Supervisors Minutes is scheduled to be approved by the Board on October 6, 1998