Santa Cruz County Board of Supervisors Minutes: 10/16/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 29
Tuesday, October 16, 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.		ADDED to the Consent Agenda: Item No. 28.1 ADDED to the Closed Session Agenda, Item No. 29: CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: Director of Personnel; Employee organization: Middle Management Association DELETED from the Closed Session Agenda, Item No. 29: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Dacy Wilson v. County of Santa Cruz, Workers Compensation Claim No. 2004087051 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property Stree Address 2-3905 East Cliff Drive, Santa Cruz, California APN: 032-181-08 Property Owner: Leila Naslund, Trustee Negotiating Parties: Redevelopment Agency Board of Directors; Ken Hill Chief Property Agent
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - three people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   SEE ITEM NO. 42.1 REGULAR AGENDA

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 27, 2007 through October 10, 2007 and approved upon adoption of the 2007/2008 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.   SCHEDULED a public hearing on November 6, 2007 at 9:00 am, or as soon thereafter as the matter can be heard, concerning the issuance of tax exempt obligations, in an amount not to exceed $7,000,000, by the ABAG Finance Authority for Nonprofit Corporations for the benefit of Santa Cruz Montessori School; authorized the Clerk of the Board to publish the notice of public hearing at least fourteen days in advance of the hearing, as recommended by the County Administrative Officer

11.   ADOPTED RESOLUTION NO. 290-2007 authorizing the County to enter into an agreement with the Secretary of State's Office to receive the remaining HAVA Section 301 Voting System funds in the amount of $623,332.69, authorized the County Clerk to sign the agreement and appointed the County Clerk to serve as the County's representative in all matters associated with executing the agreement, as recommended by the County Clerk

12.   ACCEPTED the Notice of Completion for the project at 522 Capitola Road Extension, Santa Cruz, California; approved the final cost of $218,700 and authorized the Clerk of the Board to take related action, as recommended by the General Services Director

13.   DIRECTED the General Services Director to vote affirmatively on the proposed fee increase on those ballots received for County-owned parcels within County Service Area No. 48, as recommended by the General Services Director

14.   APPROVED pay adjustment in the amount of $411.99, as recommended by the Sheriff-Coroner

15.   APPROVED payment of outstanding invoices from prior fiscal years to Orchard Supply Hardware in the amount of $522.00, as recommended by the Sheriff-Coroner

16.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Investment Transaction Report for the period ending September 30, 2007, as recommended by the Treasurer-Tax Collector

17.   APPROVED appointment of Jerry Allen to the Arts Commission for a term to expire April 1, 2009, as recommended by Supervisor Beautz

18.   APPROVED appointment of Dan Haifley to the Commission on the Environment for a term to expire April 1, 2009, as recommended by Supervisor Beautz

19.   APPROVED appointment of Donna Meyers to the Commission on the Environment for a term to expire April 1, 2011, as recommended by Supervisor Coonerty

20.   CONTINUED TO OCTOBER 23, 2007 consideration to direct the County Administrative Officer to review the model ordinance relating to junk dealers and scrap metal recyclers

21.   APPROVED appointment of Stacey Saetta to the Alcohol and Drug Abuse Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

22.   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

23.   DEFERRED report on Elderday and Salud Para La Gente; directed the Health Services Agency to return on November 20, 2007, as recommended by the Health Services Agency Director

24.   APPROVED Contract Change Order Number 1, in the amount of $30,000, for El Rancho Drive 2006 Storm Damage Repair Project at Highway 17 Beulah Park; authorized the Chairperson of the Board to sign the Change Order on behalf of the County; directed the Clerk of the Board to return the signed documents to Public Works, as recommended by the Director of Public Works

25.   APPROVED contribution in the amount of $25,000 from County Service Area Number 54 Summit West, to Summit West Mutual Water Company for storm damage repair, as recommended by the Director of Public Works

26.   APPROVED independent contractor agreement with O'Neill Sea Odyssey, in the amount of $10,000, to support their youth environmental education program; approved independent contractor agreement with Valley Women's Club, in the amount of $10,000, for equipment for their Felton recycling program; authorized Director of Public Works to sign the agreements, as recommended by the Director of Public Works

27.   APPROVED revised Road Bump Policy in its entirety, and directed Public Works to return to the Board of Supervisors in December 2007 with an updated speed bump and speed table rate schedule in the Unified Fee Schedule; with an additional direction to include in the December 2007 report, information regarding the $600 road bump processing fee that has been instituted

28.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, SCHEDULED public hearing for the review and amendment of the Implementation Plan for the Live Oak/Soquel Redevelopment Project Area on the morning agenda after 9:00 a.m. on November 20, 2007, and approved related action, as recommended by the Redevelopment Agency Administrator

28.1.   AUTHORIZED the issuance of a Proclamation honoring Personnel Director Dania Torres Wong, to be signed by all the members of the Board of Supervisors, as recommended by Chairperson Beautz

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

P.A. Wilson v. County of Santa Cruz, et al., Santa Cruz Superior Court Case No. CV149371; First Commercial Finance v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV151195 (Petition for Relief from Claims Presentation Requirement) and related Appellate Court appeal; and First Commercial Finance v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV151443

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organization: Middle Management Association

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

30.   Introduction of Katherine Sokolik, Director of Child Support Services

31.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0093, a proposal to rezone property from the Residential Agriculture (RA) zone district to Timber Production (TP) zone district, on property located on the west side of a private road (sign at 171 Olson Road) about .17 mile from the intersection of Soquel-San Jose Road and Olson Road; Assessor's Parcel Number: 099-061-05; Applicant: Dick Burton; Property Owner: Charles and Jane Burton;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4884 Amending County code Chapter 13.10 to change the zoning on Assessor's Parcel Number 099-061-05 from the Residential Agriculture (RA) zone district to the Timber Production (TP) zone district; and

(2) certified the CEQA Notice of Exemption
CaPCoSB

32.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0145, a proposal to rezone property from the Special Use (SU) zone district to the Timber Production (TP) zone district, on property located at the end of Light Springs Road, about 500 feet north of the intersection with Pleasant Valley Road; Assessor's Parcel Numbers: 107-531-01, 107-531-02, 107-531-03, 107-531-04; Applicant: John and Cecily Randolph; Property Owner: John and Cecily Randolph;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4885 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Numbers 107-531, 107-531-02, 107-531-03 & 107-531-04 from the Special Use (SU) zone district to the Timber Production (TP) zone district; and

(2) certified the CEQA Notice of Exemption
PCaCoSB

33.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0173, a proposal to rezone property from the Special Use (SU) zone district to the Timber Production (TP) zone district, on property located on the west side of Soquel-San Jose Road directly west and across the street from Amaya Ridge Road (7107 Soquel-San Jose Road); Assessor's Parcel Number 097-251-16; Applicant: Roy Webster; Property Owner: Jim Luther;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4886 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Number 097-251-16 from the Special Use (SU) zone district to the Timber Production (TP) zone district; and

(2) certified the CEQA Notice of Exemption
PCaCoSB

34.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0206, a proposal to rezone property from the Special Use (SU) zone district and the Residential Agriculture (RA) zone district to the Timber Production (TP) zone district, on property located at the east side of Quigg Way (adjacent to 540 Quigg Way), about .3 miles northeast of the intersection of Quigg Way and Highway 9; Assessor's Parcel Numbers: 087-161-49, 087-171-02; Applicant: Kurt and Lynn Brumbaugh; Property Owner: Kurt and Lynn Brumbaugh;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4887 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Numbers 087-171-02 and 087-161-49 from the Special Use (SU) zone district and the Residential Agriculture (RA) zone district to the Timber Production (TP) zone district; and

(2) certified the CEQA Notice of Exemption
CaPCoSB

35.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0125, a proposal to rezone property from the Agriculture (A) zone district to the Timber Production (TP) zone district, on property located at the end of a private driveway (310 Swanton Road), about 3 miles north from the intersection of Swanton Road and Highway 1; Assessor's Parcel Number: 057-121-21; Applicant: Homer and Emma Mc Crary; Property Owner: Homer and Emma Mc Crary;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4888 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Number 057-121-21 from the Agriculture (A) zone district to the Timber Production (TP) zone district; and

(2) certified the CEQA Notice of Exemption
PCoCaSB

36.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0099, a proposal to rezone property from the Special Use (SU) zone district to the Timber Production (TP) zone district, on property located on the west side of Kings Creek Road, Approximately 3 miles north of the intersection of Kings Creek Road and Highway 9; Assessor's Parcel Number: 087-171-07; Applicant: Michael and Aolele Johnson; Property Owner: Michael and Aolele Johnson;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4889 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Number 087-171-07 from the Special Use (SU) zone district to the Timber Production (TP) zone district; and

(2) certified the CEQA Notice of Exemption
CaPCoSB

37.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0072, a proposal to rezone property from the Special Use (SU) zone to the Timber Production zone district, on property located on the south side of Panther Ridge Road about 1.2 miles west from the intersection with Kings Creek Road; Parcel Numbers: 089-171-05, 089-171-06; Applicant: Michael and Susan Saunders; Property Owner: Michael and Susan Saunders;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4890 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Number 087-171-05 and 087-171-06 from the Special Use (SU) zone district to the Timber Production (TP) zone district; and

(2) certified the CEQA Notice of Exemption
CaPCoSB

38.   Public Hearing held to consider the Planning Commission's recommendations regarding Application No. 07-0231, a proposal to rezone property from the Special Use (SU) zone district to the Timber Production (TU) zone district, on property located on the south side of Stetson Road, approximately 1.5 miles east of the intersection with Soquel-San Jose Road; Assessor's Parcel Number: 097-151-10; Applicant: Roger and Barbara Wicht; Property Owner: Roger and Barbara Wicht;

closed public hearing;

(1) ADOPTED ORDINANCE NO. 4891 Amending County Code Chapter 13.10 to change the zoning on Assessor's Parcel Number 097-151-10 from the Special Use (SU) zone district to the Timber Production (TP) zone district; and

(2) certified CEQA Notice of Exemption
PCoCaSB

39.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONSIDERED Refunding of the Agency's 1996 Subordinated Tax Allocation Bonds;

(1) ADOPTED RESOLUTION NO. 291-2007 authorizing and directing the Sale of Not to Exceed $10,000,000 Principal Amount for Tax Allocation Refunding Bonds, 2007 Series A, approving Preliminary Official Statement and distribution of Preliminary Official Statement, authorizing execution and delivery of Official Statement, an Indenture of Trust, a Bond Purchase Agreement, an Escrow Deposit and Trust Agreement, A Continuing Disclosure Certificate, and authorizing the sales of bonds on certain terms and conditions, appointing bond counsel and a financing consultant, authorizing certain other official actions and providing for other matters properly relating thereto; and

(2) ADOPTED RESOLUTION NO. 292-2007 approving that agreement entitled "An Agreement between the County of Santa Cruz and the County of Santa Cruz Redevelopment Agency Relating to Reimbursements of Monies Subordinated to County of Santa Cruz Redevelopment Agency Tax Allocation Refunding Bonds, 2007 Series A" (Live Oak/Soquel Community Improvement Project Area).
PCoCaSB

40.   AS THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, CONSIDERED Refunding of Santa Cruz County Redevelopment Agency's 1996 Subordinate Tax Allocation Bonds;

(1) ADOPTED RESOLUTION NO. 293-2007 Amending Resolution No. 330-87 and approving that agreement entitled "An Agreement Between the County of Santa Cruz and the County of Santa Cruz Redevelopment Agency Relating to Reimbursement of Tax Allocations Subordinated to the County of Santa Cruz Redevelopment Agency Tax Allocation Refunding Bonds, 2007 Series A" (Live Oak/Soquel Community Improvement Project Area); and

(2) ADOPTED RESOLUTION NO. 294-2007 approving the issuance of the County of Santa Cruz Redevelopment Agency Tax Allocation Refunding Bonds, 2007 Series A (Live Oak/Soquel Community Improvement Project Area).
PCoCaSB

41.   Public hearing held to consider proposed Ordinance amending Chapter 7.92 and repealing Chapter 7.93 of the Santa Cruz County Code relating to the Fire Code; continue hearing to November 6, 2007;

(1) opened public hearing, to hear testimony on the proposed ordinance amending Chapter 7.92 and repealing Chapter 7.93 of the Santa Cruz County Code relating to the Fire Code; and

(2) continued public hearing to November 6, 2007, with a request that Planning staff be present at the hearing to help understand implementation of these codes; and that the sprinkler ordinance return to the Board of Supervisors for discussion with the respect to agricultural buildings to make sure it is consistent
SPCoCaB

42.   CONSIDERED procedures for reviewing applications for wine tastings;

approved procedures for reviewing applications for wine tastings within the unincorporated area and directed the County Administrative Office to include these procedures in the appropriate form in the next update of the Policy and Procedures Manual
PScoCaB

42.1.   APPROVED revised minutes of September 25, 2007, as recommended by the Clerk of the Board
PSCoCaB

43.   Presentation made by Bruce La Clergue, Executive Director of the Pajaro Valley Water Management Agency, regarding the future of the Pajaro Valley Water Management Agency, the options relating to the Pajaro Valley Ground Water Basin, and the actions to be taken to address the California Supreme Court decision

44.   Presentation made by the California Department of Food and Agriculture regarding the proposed treatment for the Light Brown Apple Moth

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS