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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2007, NUMBER 6
Tuesday, March 6, 2007

 

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, Co = Coonerty, 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.   Consideration of Late Additions to the Consent Agenda: REQUEST TO ADD LATE ITEM TO THE CONSENT AGENDA: Item No. 25.1: that the Board of Supervisors determine, by a two-thirds vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

It is recommended that the Board of Supervisors cancel the March 13, 2007, meeting to March 20, 2007, and reschedule two public hearings currently scheduled on march 13, 2007 and April 17, 2007 due to the death of Supervisor Ray Belgard

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 corrected minutes of February 13, 2007, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 22, 2007 through February 28, 2007 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 Arlene Hill, individually and dba "The Gold Mart", Claim No. 607-063 and referred to County Counsel

11.   ADOPTED RESOLUTION NO. 70-2007 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 917, the Main Street Reorganization, as recommended by the County Administrative Officer

12.   APPROVED Memorandum of Understanding (MOU) between the Law Enforcement Bargaining Unit, Sheriff's Supervisory Unit and Law Enforcement Middle Management Unit; adopted RESOLUTION NO. 71-2007 amending Salary Resolution No. 279-75 establishing compensation for the Law Enforcement Unit; adopted RESOLUTION NO. 72-2007 amending Salary Resolution No. 279-75 establishing compensation for the Sheriff's Supervisory Unit; adopted RESOLUTION NO. 73-2007 amending Salary Resolution No. 279-75 establishing compensation for the Law Enforcement Middle Management; adopted RESOLUTION NO. 74-2007 amending subdivision (AE) & (H) of Section 164 of the Santa Cruz County Personnel Regulations, as recommended by the County Administrative Officer and the Personnel Director

13.   APPROVED appointment of Tina Shull to the Women's Commission for the balance of the current term expiring April 1, 2007, and thereafter for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

14.   APPROVED appointment of Yolanda Perez-Logan to the Latino Affairs Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

15.   ACCEPTED notification of at-large vacancies on various advisory bodies, as outlined, with nominations for appointment to be received on March 20, 2007, and final appointments to be considered March 27, 2007, as recommended by Chairperson Beautz

16.   ACCEPTED notification of various at-large vacancies on the First 5 Commission, as outlined, with nominations for appointment to be received on March 20, 2007, and final appointments to be considered March 27, 2007, as recommended by Chairperson Beautz

17.   APPROVED appointment of Brenda Brenner to the Emergency Medical Care Commission, representing ambulance services, for the balance of the current term expiring April 1, 2007, and thereafter for a term to expire April 1, 2011, as recommended by Chairperson Beautz

18.   APPROVED agreement with CPS for jail pharmacy services in an amount of $400,000 annually and authorized the Health Services Director to sign, as recommended by the Health Services Agency Director

19.   AUTHORIZED the Human Resources Agency Director to amend the contract with the Homeless Services Center in the amount of $15,000 for a total contract amount of $103,394, in order to provide transportation services to the Santa Cruz National Guard Armory for the fiscal year 2006/2007 Winter Shelter Program; and adopted RESOLUTION NO. 75-2007 accepting and appropriating unanticipated revenue in the amount of $15,000, as recommended by the Human Resources Agency Director

20.   APPROVED amendment to the Human Resources Agency contract with Community Action Board for an increase of $60,000 for fiscal year 2006/2007 for supportive services to CalWORKs clients; and authorized the Human Resources Agency Director to execute the amendment, as recommended by the Human Resources Agency Director

21.   ACCEPTED terms of the purchase agreement for Assessor's Parcel Number 037-351-11 and approved related actions, as recommended by the Planning Director

22.   SCHEDULED a public hearing on Tuesday, March 27, 2007, on the morning agenda, at 9:00 a.m. or there after to consider the 2006 Annual General Plan Report and related action, as recommended by the Planning Director

23.   DEFERRED consideration of contract for the Buena Vista Drive Sanitary Landfill, Recycle Center until March 27, 2007, as recommended by the Director of Public Works
SPCo(Ca)B  (Supervisor Campos abstained because he owns stock in Granite Construction)

24.   AUTHORIZED calling for bids for the Valencia Creek Fish Ladder project; set the bid opening for 2:15 p.m. on April 5, 2007, in the Department of Public Works conference room; directed Public Works to return on April 17, 2007, with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

25.   ACCEPTED improvements for the Sixteenth Avenue Improvements project; approved final cost in the amount of $592,367.96; and approved related action, as recommended by the Director of Public Works

25.1.   ACCEPTED request of the County Administrative Officer that the Board of Supervisors determine by two-thirds vote of its members present at the meeting that a need to take immediate action arose subsequent to the printed agenda being posted as follows:

It is recommended that the Board of Supervisors cancel the March 13, 2007, meeting to March 20, 2007, and reschedule two public hearings currently scheduled on March 13, 2007 and April 17, 2007 due to the death of Supervisor Ray Belgard

(2) canceled the March 13, 2007 scheduled meeting of the Board of Supervisors;

(3) rescheduled the public hearings currently scheduled for March 13, 2007 and April 17, 2007, on the proposed parking maintenance and operation charges for the 2007-2008 fiscal year for the Soquel Village Parking and Business Improvement Area to the morning agendas of Tuesday, March 20, 2007 and Tuesday, April 24, 2007; and

(4) directed the Clerk of the Board to complete the required legal notices of the public hearings for the proposed assessment charges and the proposed Resolution of Intention, and take related actions, as necessary
(1) CaPCoSB  
(2) SPCoCaB  
(3) SPCoCaB  
(4) SPCoCaB  

26.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED funding in the amount of $6,197.20 for Pleasure Point business area banners and approved related actions, as recommended by the Redevelopment Agency Administrator

27.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street addresses:

APN: 032-251-07

Property Owner: Lillie Mae Smith, Trustee

Proposed Buyer: County of Santa Cruz

Negotiating Party (not agent): Betsey Lynberg, Redevelopment Agency Director

Property Street Address:

APN: 029-101-42

Property Owner: Live Oak Elementary School District

Proposed Buyer: County of Santa Cruz

Negotiating Party (not agent): Betsey Lynberg, Redevelopment Agency Director

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

28.   Continued public hearing held to consider Energy Services Contract for County Government Center under authority of Government Code Section 4217; closed public hearing and

(1) adopted the finding that the anticipated costs to the County for electrical energy or conservation services provided by the energy efficiency work conducted under the contract will be less than the anticipated marginal costs to the County of electrical or other energy that would have been consumed by the County in the absence of this energy services work;

(2) approved energy services contract with Aircon Energy, Incorporated in the amount of $5,988,994;

(3) authorized the General Services Director to sign and execute the contract documents on behalf of the County;

(4) authorized a Lease Agreement with SunTrust for financing the project and adopted RESOLUTION NO. 76-2007 Authorizing the Execution and Delivery of a Master Lease Agreement, Equipment Schedule No. 1, An Escrow Agreement and Related Instruments, and Determining Other Matters in Connection Therewith; and

(5) directed General Services to return with a project status report during budget hearings
PCaCoSB  

29.   Public hearing held to consider Application Number 03-0065 (Thacher and Thompson for Atherton Place Development LLC, a Subdivision and Rezoning, on property located at the southeast corner of the intersection of Soquel Drive and Atherton Drive; closed public hearing and

(1) certified the Mitigated Negative Declaration as complying with the requirements of the California Environmental Quality Act (Attachment 1);

(2) ADOPTED ORDINANCE NO. 4852 amending Chapter 13.10 of the Santa Cruz County Code that Rezones the property indicated from the RM-3 zone district to the PR zone district;

(3) approved Subdivision, Residential Development Permit, Roadway/Roadside Exception, Road Abandonment, and Riparian Exception No. 03-0065; and

(4) with additional directions to amend the language in the first two sentences of IV. N of the Conditions of Approval (Attachment 4) to read: "The riparian corridor shall be retained in perpetuity in a natural condition, and the development of residential structures or subdivisions shall be prohibited. This does not preclude regular maintenance activities, or the installation of drainage improvements by the County of Santa Cruz or associated with the Cabrillo Commons Development or a future pathway constructed and/or designed by the County of Santa Cruz" and to move the walkway to Soquel Drive if feasible
PSCoCaB  

30.   CONSIDERED adoption of an urgency ordinance establishing a moratorium and a recommendation on whether to extend the moratorium, and related actions;

(1) adopted ORDINANCE NO. 4853 adopting and imposing a temporary moratorium on the conversion of Mobilehome Parks to resident ownership;

(2) directed the Planning Director to file a notice of exemption in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines;

(3) directed County Counsel and the Planning Department to return on April 17, 2007 with a report on the need for and proposed scope of any additional County regulations, and a recommendation on whether to extend the moratorium, and directed the Clerk of the Board to publish notice of public hearing for that date;

(4) with additional directions to amend the Ordinance by adding a sentence to the end of Number 6 under Section I which would read: "The State program offering financial assistance to mobilehome park residents in purchasing their park or individual low-income residents in purchasing their space (Mobilehome Park Resident Ownership Program) has limited annual funding to meet statewide needs" and to direct the Chairperson to convey the Boards support for any state legislation that is being considered that would help protect the residents
PCoCaSB  

31.   Public hearing held to consider the Planning Commission's recommendations regarding Application No. 99-0183, a proposal to rezone property from Special Use (SU) zone district to Timber Production (TP) zone district, on property located north of Hazel Dell Road and east of Ramsey Creek, approximately 800 feet east of Redwood Road; Assessor Parcel Numbers: 106-161-03, 106-161-04, 106-191-04; Applicant: David Van Lennep; Property Owner: Roger and Michele Burch;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4854 Amending County Code Chapter 13.10 to change the zoning on APNs 106-161-03, 106-161-04 and 106-191-06 from the Special Use zone district to the Timber Production zone district; and

(2) certified the CEQA Exemption
CaCoPSB  

32.   Public hearing held to consider the Planning Commission's recommendations regarding Application No. 99-0184, a proposal to rezone property from Residential Agriculture (RA) and Special Use (SU) zone districts to the Timber Production (TP) zone district, on property located on the southwest side of lower Highlands Road about 4000 feet northwest of the intersection of lower Highlands and Eureka Canyon Roads; Assessor Parcel Numbers: 106-022-10, -11, -13; 106-501-01, -02, -03; Applicant: David Van Lennep; Property Owner: Roger and Michele Burch;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4855 Amending County Code Chapter 13.10 to change the zoning on APNs 106-022-10, 106-022-11, 106-022-13, 106-501-01, 106-501-02 and 106-501-03 from the Residential Agriculture and Special Use zone districts to the Timber Production zone district; and

(2) certified the CEQA Exemption
CaPCoSB  

33.   Public hearing held to consider the Planning Commission's recommendations regarding Application No. 99-0185, a proposal to rezone property from Residential Agriculture (RA) and Special Use (SU) zone districts to the Timber Production (TP) zone district, on property located east of Olive Springs Road, directly east of the Olive Springs Quarry Weigh Station; Assessor's Parcel Numbers: 099-131-03, 099-161-08, 099-161-12; Applicant: David Van Lennep; Property Owner: Roger and Michele Burch;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4856 Amending County Code Chapter 13.10 to change the zoning on APNs 099-131-03, 099-161-08, and 099-161-12 from the Residential Agriculture and Special Use zone districts to the Timber Production zone district; and

(2) certified the CEQA Exemption
PCaCoSB  

34.   Public hearing held to consider the Planning Commission's recommendations regarding Application No. 99-0774, a proposal to rezone property from Agriculture (A) zone district to the Timber Production (TP) zone district, on property located on the south side of Tie Gulch Road (at 345 Tie Gulch Road), approximately half mile west of the intersection with Branciforte Drive; Assessor's Parcel Number: 100-091-17; Applicant: Dale Holderman; Property Owner: James and Kathleen Holderman;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4857 Amending County Code Chapter 13.10 to change the zoning on APN 100-091-17 from the Agriculture zone district to the Timber Production zone district; and

(2) certified the CEQA Exemption
PCaCoSB  

35.   Public hearing held to consider the Planning Commission's recommendations regarding Application No. 00-0453, a proposal to rezone property from Special Use (SU) zone district to the Timber Production (TP) zone district, on property located on the north side of Whitehouse Creek Road at approximately three miles north and east from Highway One and about a half mile east from the San Mateo County line; Assessor's Parcel Number: 057-041-05; Applicant: Dale Holderman; Property Owner: Sterling Trust Company Trustees;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4858 Amending County Code Chapter 13.10 to change the zoning on APN 057-041-05 from the Special Use zone district to the Timber Production zone district; and

(2) certified the CEQA Exemption
CaCoPSB  

36.   CONTINUED TO MARCH 27, 2007 public hearing to consider the Planning Commission's recommendations regarding Application No. 01-0033, a proposal to rezone property from Special Use (SU) and Residential Agriculture (RA) zone districts to the Timber Production (TP) zone district, on property located on the west and east sides of Mt. Charlie Creek between Mt. Charlie Road and Hutchinson Road, about one mile northwest of Glenwood Drive; Assessor's Parcel Numbers: 093-261-41 and 093-291-04; Applicant: William and Tona Moores; Property Owner: William and Tona Moores; with additional direction that staff get a response from the Registered Forester addressing the allegations that there is false or misleading information in the report
SCoP/CA/B  

37.   Public hearing held to consider the Planning Commission's recommendations regarding Application No. 01-0040, a proposal to rezone property from Special Use (SU) zone district to the Timber Production (TP) zone district, on property located on the east side of Bear Creek Road at approximately 300 feet southwest from Hopkins Gulch Road; Assessor's Parcel Number: 089-521-03; Applicant: David Van Lennep; Property Owner: Roger and Michele Burch;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4859 Amending County Code Chapter 13.10 to change the zoning on APN 089-521-03 from the Special Use zone district to the Timber Production zone district; and

(2) certified the CEQA Exemption
CoP/CA/SB  

38.   Public hearing held to consider the Planning Commission's recommendations regarding Application No. 01-0261, a proposal to rezone property from Commercial Agriculture - Open Space (CA-O) zone district to the Timber Production (TP) zone district, on property located on an unnamed right-of-way, about three quarters of a mile south from Smith Grade; Assessor's Parcel Number: 062-211-30; Applicant: Powers Land Planning; Property Owner: Campbell Associates;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4860 Amending County Code Chapter 13.10 to change the zoning on APN 062-211-30 from the Commercial Agriculture - Open Space zone district to the Timber Production zone district; and

(2) certified the CEQA Exemption
CoP/CA/SB