Santa Cruz County Board of Supervisors Minutes: 12/5/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 31
Tuesday, December 5, 2006

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, W = Wormhoudt, Ca = Campos, S = Stone; 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
2.		Moment of Silence and Pledge of Allegiance
3.		ADDED to Item No. 38, Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case Name/No.: Ken Doolittle, et al. v. Santa Cruz County, Santa Cruz County Superior Court Case No. CV 140141; Case Name/No.: City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV 155571; CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: Director of Personnel, All Units DELETED from Item No. 38, Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: People of the State of California (ex rel. Bill Lockyer, Attorney General v. County of Santa Cruz, et al. Santa Cruz County Superior Court Case No. CV 152681; United States District Court, Northern District, Case No. 05CV04708
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - two people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 14, 2006 as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 16, 2006 through November 29, 2006 and approved upon adoption of the 2006/2007 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.   APPROVED the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waived a detailed reading of said ordinances, as recommended by County Counsel

10.   REJECTED the claim of Joyce Hansen, Claim No. 607-037, as insufficiently filed, and referred to County Counsel

11.   REJECTED the claim of Anthony E. Bodiford, Claim No. 607-036 and referred to County Counsel

12.   REJECTED the claim of Allstate Insurance Company, as subrogee for Thien Nguyen, Claim No. 607-019C and referred to County Counsel

13.   ADOPTED RESOLUTION NO. 381-2006 establishing a .34% per annum simple interest rate on tenant's rental security deposits effective January 1, 2007, and directed the County Administrative Office to return on March 27, 2007, with recommended changes to the ordinance and approved related actions, as recommended by the County Administrative Officer

14.   ACCEPTED AND FILED report on the County's grant application process and approved related actions, as recommended by the County Administrative Officer

15.   ACCEPTED AND FILED 2005 Annual Report for Mosquito and Vector Control County Service Area 53, as recommended by the Agricultural Commissioner

16.   ACCEPTED the Statement of Vote for the November 7, 2006 General Election and declared the winners for each contest under your jurisdiction pursuant to Elections Code Section 15400, as recommended by the County Clerk

17.   APPROVED lease agreement with the California Assembly Rules Committee for legislative office space in the County Government Center and approved related actions, as recommended by the Director of General Services

18.   APPROVED renewal of Master Services Agreement with the State of California Purchase Card Program and authorized the General Services Director to sign the agreement, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 382-2006 authorizing the Chief Probation Officer to sign the grant agreement for Disproportionate Minority Contact Enhanced Technical Assistance, as recommended by the Chief Probation Officer

20.   ADOPTED RESOLUTION NO. 383-2006 accepting and appropriating $35,643 in unanticipated revenue from the Remote Access Network Trust for 2006/2007 and approved related actions, as recommended by the Sheriff-Coroner

21.   APPROVED appointment of Barbara Griffin to the Child Care Planning Council, as a representative of child care providers, for a term to expire April 1, 2007, as recommended by Supervisor Beautz

22.   AMENDED the term of office of the position of the Mental Health Advisory Board held by Joan McVay to reflect an expiration date of April 1, 2008, as recommended by Supervisor Stone

23.   APPROVED appointment of Jim Crowley to the Hazardous Materials Advisory Commission, as the representative of the City of Watsonville, for a term to expire April 1, 2007, as recommended by Chair Stone

24.   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 Director

25.   APPROVED the revenue agreement between the Housing Authority of the County of Santa Cruz and the Human Resources Agency for a total of $23,334, from October 1, 2006 through September 30, 2007; and authorized the Human Resources Agency Director to sign the revenue agreement on behalf of the County, as recommended by the Human Resources Agency Director

26.   APPROVED the contract with Cabrillo College for Fast Track to Work for $169,596 and authorized the Human Resources Agency Director to sign the contract, as recommended by the Human Resources Agency Director

27.   ACCEPTED AND FILED report on the Probate Conservatorship Project; approved a transfer of $40,000 from the Human Resources Agency to the Health Services Agency's Public Guardian's Office; adopted RESOLUTION NO. 384-2006 accepting and appropriating unanticipated revenue from Medi-Cal Administrative Claiming into the Health Services Agency budget; approved the coordination agreement for fiscal year 2006/2007 between Health Services Agency and Senior Citizen's Legal Services and authorized the Health Services Director to execute the agreement; approved addition of a .5 FTE Deputy Public Guardian and approved related actions, as recommended by the Human Resources Agency Director and Health Services Agency Director
W(P)BCS Supervisor Pirie abstained because her spouse is employeed by Senior Citizens Legal Services

28.   SEE ITEM NO. 50.1 REGULAR AGENDA

29.   APPROVED an amendment to the contract with Circa: Historic Property Development to extend the term of the agreement for surveys and evaluations of the historic significance of certain properties in the Live Oak Planning area and approved related action, as recommended by the Planning Director

30.   ACCEPTED AND FILED status report on 2006 Green Building Program and approved related actions, including a report back in December, 2007 with the next Green Building Program progress update, as recommended by the Planning Director

31.   OBJECTED to the sale by the Santa Cruz County Tax Collector of four tax-defaulted properties; adopted RESOLUTION NO. 385-2006 approving and accepting the purchase of four tax-defaulted properties and authorizing the Chairperson of the Board to sign the agreements to purchase; and authorized the Auditor-Controller to charge the Real Property Management budget $5,400 for purchase of the properties, as recommended by the Director of Public Works

32.   ACCEPTED AND FILED report on Long Range Resource Recovery and Waste Management Planning; directed the Department of Public Works to return on or before January 23, 2007, with recommendations to address the County's long term waste needs, and approved related action, as recommended by the Director of Public Works

33.   ADOPTED RESOLUTION NO. 386-2006 objecting to the sale of the parcel APN #05-441-24 at Public Auction, approving and accepting the purchase of the parcel and authorizing the Chairman to execute six copies of the Agreement to Purchase, as recommended by the Director of Parks, Open Space and Cultural Services

34.   ACCEPTED AND FILED the annual report of the Parks and Recreation Commission, as recommended by the Director of Parks, Open Space and Cultural Services

35.   APPROVED agreement with Architectural Conservation Incorporated in the amount of $48,099 including contingencies; authorized the Director of Parks to sign the agreement and change orders; approved the amendment to agreement with the Santa Cruz County Veterans Memorial Building Board of Trustees in the amount of $14,000 and the associated transfer of funds; authorized the Director of Parks to sign the amendment; and adopted RESOLUTION NO. 387-2006 accepting unanticipated revenue in the amount of $14,000, as recommended by the Director of Parks, Open Space and Cultural Services

36.   AS THE REDEVELOPMENT AGENCY BOARD OF DIRECTORS, DIRECTED the Planning Director to reallocate unexpected funds previously approved for acquisition of Wheelock House to construction related expenses, as recommended by the Planning Director

37.   SEE ITEM NO. 50.2 REGULAR AGENDA

38.   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.: Cross v. County of Santa Cruz, et al., United States District Court No. C06-04891 RS

Case Name/No.: James Thurber v. County of Santa Cruz, Workers Compensation Claim No. 2005099944 and 2005101567

Case Name/No.: Ken Doolittle, et al. v. Santa Cruz County, Santa Cruz County Superior Court Case No. CV 140141

Case Name/No.: City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV 155571

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Units

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

39.   Public hearing held to consider Planning Commission recommendation regarding proposed ordinance amendments to the County Code to increase the maximum lot coverage on parcels of certain sizes, add a new County Code section to allow front yard averaging on residential lots, modify the definition of "Site Area, Net" for residential properties, and related actions;

(1) held public hearing;

(2) closed public hearing;

(3) certified the CEQA Notice of Exemption

(4) ADOPTED RESOLUTION NO. 388-2006 (Attachment 1) and ADOPTED ORDINANCE NO. 4841 (Attachment 2) approving the proposed amendments to County Code Chapter 13.10 regarding neighborhood compatibility issues, as shown in Exhibit A to Attachment 1, including the Net Site Area Definition Clarification submitted today and incorporated into Attachment 1, Exhibit A (Ordinance) and into Attachment 2 (Ordinance); and

(5) directed the Planning Director to submit the amendments to the Coastal Commission as part of the final Coastal Rounds of the year;

(6) with additonal direction that staff report back by the end of February 2007 with the following:

(a) the implications for houses that are currently built on beaches; and

(b) the issue of rebuilding for fire or natural disaster
CoBPcaS

40.   Public hearing held to consider Application 05-0797 (Commercial Mixed-Use Development-Retail Flower Store and single residential unit, Rezoning and General Plan Amendment);

closed public hearing;

(1) certified the mitigated Negative Declaration in accordance with the California Quality Act (Attachment 3);

(2) ADOPTED RESOLUTION NO. 389-2006 Changing the General Plan Land Use Designation for Assessor's Parcel Numbers 025-131-14, 15, and 16 from C-S (Service Commercial/Light Industrial to C-C (Community Commercial) (Attachment 1);

(3) ADOPTED ORDINANCE NO. 4842 Amending Chapter 13.10 of the Santa Cruz County Code that Rezones Assessor's Parcel Numbers 025-131-14, 15, and 16 from the C-4 (Commercial Services) zone district to the C-2 (Community Commercial) zone district (Attachment 2);

(4) approved the Commercial Development Permit, Riparian Exception and Preliminary Grading Approval Number 05-0797 based on the findings (Attachment 4) and conditions (Attachment 5)
WCBPS

41.   Public hearing held to consider Application 06-0570, a proposal to modify conditions of approval for Lot 2 of the Woods Cove Subdivision, located off Graham Hill Road;

closed public hearing;

(1) approved the Negative Declaration as complying with the California Environmental Quality Act (Attachment 3); and

(2) approved Application 06-0570, based on Findings (Attachment 1) and subject to Conditions of Approval (Attachment 2), to allow grading outside the development envelope for Lot 2 of the Woods Cove subdivision (APN 061-461-02)
WCBPS

42.   Public hearing held to consider the Planning Commission recommendation regarding ordinance amendments to the County Code to add a very low income affordability component to housing units created through conversion of non-residential land to residential land and related actions;

(1) conducted pubic hearing regarding adoption of amendments to Sections 13.10.215 and 17.10.030 of the County Code regarding affordability requirements for the conversion of non-residential land to residential land;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 390-2006 (Attachment 1) and ADOPTED ORDINANCE NO. 4843 (Attachment 2) Amending County Code Chapters 13.10 and 17.10 to add a 10% very low-income requirement to projects of 100 units or more on land converted from non-residential to residential use; and

(4) directed Planning staff to submit the ordinance changes to Chapter 13.10 to the Coastal Commission as part of the next "Rounds" package
PWBCS

43.   Public hearing held to consider the Planning Commission recommendation regarding proposed amendments to the County Code relating to Condominium Conversions and related actions;

(1) conducted public hearing on the proposed Ordinance amendments;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 391-2006 (Attachment 1) and ADOPTED ORDINANCE NO. 4844 (Attachment 3) approving the amendments to Sections 13.03 and 14.01 and to Chapter 14.02;

(4) certified the CEQA Notice of Exemption (Attachment 4); and

(5) directed the Planning Department to forward the amendments to the Coastal Commission for review and certification as part of the 2006 Round 3 submittal
WPBCS

44.   Public hearing held regarding a proposal to amend the General Plan - Local Coastal Program, Seacliff Village Plan, and County Code Chapter 13.10 to change the land use designation and zoning of Assessor's Parcel Number (APN) 038-081-36; amend the General Plan - Local Coastal Program Coastal Priority Site chart regarding APNs 038-081-34,35, and 36; and to divide APN 038-081-36 into two separate parcels;

(1) conducted public hearing on this item;

(2) closed public hearing;

(3) certified the negative declaration;

(4) ADOPTED RESOLUTION NO. 392-2006 (Attachment 1) approving the proposed Local Coastal Program Land Use Plan, Seacliff Village Plan and zoning amendments, and conceptually approving the Tentative map and Coastal Development Permit, as described in this report and the attachment;

(5) directed the Planning Director to submit the amendments to the Coastal Commission as part of the final Coastal rounds of the year; and

(6) approved the proposed land division in concept and directed the Planning Department to schedule a public hearing to consider the final approval of the Tentative Map and Coastal Development Permit, as well as any modifications requested by the Coastal Commission, following their deliberations on the Local Coastal Program Land Use Plan, Seacliff Village Plan and zoning amendments; and

(7) ADOPTED ORDINANCE NO. 4845 Amending Chapter 13.10 of the Santa Cruz County Code Changing the Zoning of APN 038-081-36 in the Seacliff Village of the Aptos Planning Area
PWBCS

45.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, Public hearing held to consider adoption in concept of Ordinance Number F-10 amending District Code Title 3, Article VIII, Sections 3.04.670 and 3.04.680, and place the ordinance on the next available agenda for final adoption;

(1) held public hearing;

(2) closed public hearing;

(3) approved "in concept" Ordinance Number F-10, amending District Code Title 3, Article VIII, Sections 3.04.670 and 3.04.680 to return on December 12, 2006 for final adoption
PWBCS

46.   Public hearing held to consider amendments to the Unified Fee Schedule;

(1) public hearing held on the proposed amendments to the Unified Fee Schedule;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 393-2006 Revising the Unified Fee Schedule with the amended fess and charges as presented; and

(4) amended fees presented in Exhibit "A" are to go into effect immediately and the fees presented in Exhibit "B" (Planning Department) would go into effect sixty days after adoption
PWBCS

47.   CONSIDERED accepting site improvements for Tract 1470, Peregrine Properties (located at the southwest corner of Soquel Drive and Mar Vista Drive) as completed, along with a related ordinance amending Subsection M of Section 9.27.020 of the Santa Cruz County Code; and considered related actions;

(1) accepted the subdivision site improvement as completed in accordance with previously approved plans;

(2) ADOPTED RESOLUTION NO. 394-2006 accepting Madeline Drive into the County maintained road system;

(3) approved "in concept" ordinance amending Subsection M of Section 9.28.020 of the Santa Cruz County Code to return on December 12, 2006 for final adoption;

(4) directed the Clerk of the Board to return a certified copy of the resolution to Public Works Real Property for recordation;

(5) directed the Clerk of the Board to release the Faithful Performance Security, but to retain sufficient funds from the Faithful Performance Security to provide for the Guarantee, Warranty and Maintenance of Work Security;

(6) directed Public Works to provide for a search of the records by the Auditor-Controller's Office at the end of three months. If that search reveals no posted liens against the project, the Public Works Director shall authorize the Clerk of the Board to release the Labor and Materials Security in the amount of $129,000;

(7) directed Public Works to conduct a review of the project at the end of twelve months. At that time, the Public Works Director shall authorize the Clerk of the Board to release the $129,000 retained as the Guarantee, Warranty, and Maintenance of Work Security, provided there are no problems with the improvements
PWBCS

48.   CONSIDERED adoption of an urgency ordinance establishing a temporary moratorium on approval of development applications for certain parcels, pursuant to Government Code Section 65858; scheduled a public hearing on January 9, 2007 to extend the moratorium and related actions;

(1) ADOPTED ORDINANCE NO. 4846 Establishing a temporary moratorium on the approval of certain development applications on certain sites (as defined in the Ordinance) as an urgency measure;

(2) scheduled a public hearing for January 9, 2007, at 9:00 a.m. or thereafter, to consider extending the moratorium to provide additional time (up to a total of 10 months and 15 days) to complete approval of the Rezoning process for these sites; and

(3) directed the Clerk of the Board to provide the appropriate public notice of the hearing
WBP(C)S (Supervisor Campos abstained because he owns property within 500-1,000 feet)

49.   APPROVED reappointment of Michelle Hinkle to the Santa Cruz Metropolitan Transit District Board of Directors for a term to expire December 31, 2010
WCBPS

50.   CONSIDERED appointment to the Santa Cruz Metropolitan Transit District Board of Directors, for a term to expire on December 31, 2007;

appointed Donald N. (Norm) Hagen to the Santa Cruz Metropolitan Transit District Board of Directors, for a term to expire on December 31, 2007
CWbpS

50.1.   APPROVED the proposed Child Welfare Services System Improvement Plan Steering Committee Planning Process and recommended composition for the Steering Committee; authorized the Human Resources Agency Director to sign an amendment to the contract with Applied Survey Research replacing the existing Scope of Services; and directed the Human Resources Agency Director to return on March 27, 2007, June 26, 2007 September 25, 2007 and January 15, 2008 to provide quarterly progress reports on the SIP Planning Process; with additional direction that County Counsel's letter of November 29, 2006 be used as the basis for working on Foster Parents Bill of Rights that is consistant with the law; and appointed Supervisor Stone as the Board's representative to the System Improvement Plan Steering Committee
WCBPS

50.2.   AS THE REDEVELOPMENT AGENCY BOARD OF DIRECTORS, AUTHORIZED up to $496,710 of Housing Funds to South County Housing for predevelopment activities and environmental investigation of the Felton Affordable Housing Project, as recommended by the Planning Director
WPBCS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS