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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2007, NUMBER 34
Tuesday, December 4, 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 Nos. 47.1, 47.2 and 47.3

RENUMBERED from the Consent Agenda: Item No. 26 became Item No. 53.1 on the Regular Agenda

4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - 10 people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 20, 2007, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 15, 2007 through November 28, 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.   ACCEPTED AND FILED report on metal theft issues and directed staff to return with a further report on January 29, 2008, as recommended by the County Administrative Officer

11.   ADOPTED the revised Board Meeting Schedule 2008, as recommended by the County Administrative Officer

12.   SEE ITEM NO. 53.2 REGULAR AGENDA

13.   APPROVED the 2008 County Legislative Program and directed 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

14.   APPROVED Memorandum of Understanding (MOU) for the Middle Management Association; adopted RESOLUTION NO. 336-2007 amending Salary Resolution No. 279-75 to implement provisions of the Middle Management agreement; adopted RESOLUTION NO. 337-2007 amending Resolution No. 247-76 amending Personnel Regulations Part 160, by Modifying Sections 164L., 116.3 B., and by Revising the Text and Format of Part 160 to implement provisions of the Middle Management agreement; adopted RESOLUTION NO. 338-2007 amending Salary Resolution No. 279-75 to implement compensation provisions for the unrepresented employees; and adopted RESOLUTION NO. 339-2007 amending Resolution No. 247-76 amending Personnel Regulations Part 160, by Modifying Sections 164 L., and 166.3 B., N.I., and by Revising the Text and Format of Part 160 to implement compensation provisions for the unrepresented employees, as recommended by the Acting Personnel Director

15.   APPROVED transfer of $10,000 from Salaries and Benefits to Fixed Assets in Probation Index 574000 and approved purchase of modular workstations, as recommended by the Chief Probation Officer

16.   APPROVED agreement with the Santa Cruz County Horseman's Association in the amount of $5,600; authorized the Parks Director to sign and approve related actions necessary to execute the agreement; and approved request to transfer budget appropriations in the amount of $5,009 within the Carbonera Park Dedication Fund Budget for the Showgrounds project, as recommended by the Director of Parks, Open Spaces, and Cultural Services

17.   ACCEPTED nomination of Donald N. (Norm) Hagen for reappointment to the Santa Cruz Metropolitan Transit District Board of Directors, for a term to expire December 31, 2011, with final appointment to be considered on December 11, 2007, as recommended by Supervisor Campos

18.   ACCEPTED nomination of Zachary Woodford for appointment to the In-Home Supportive Services Advisory Commission, as an at-large representative of consumers, for a term to expire April 1, 2009, with final appointment to be considered on December 11, 2007, as recommended by Supervisor Coonerty

19.   APPROVED appointment of Victoria McCharen to the Women's Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

20.   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 Director of Health Services Agency

21.   ACCEPTED AND FILED report on County Water Resources Management and FishNet 4C Progress and directed the Health Services Agency to provide a follow-up report on County water management activities in December 2008, as recommended by the Health Services Agency Director

22.   ACCEPTED AND FILED report on the Integrated Watershed Restoration Program-Proposition 40 Grant Implementation; and directed the Health Services Agency and Public Works Department to return with a grant status report on or before October 7, 2008, as recommended by the Health Services Agency and Public Works Directors

23.   APPROVED Shoreline Workforce Development Services contract in the amount of $49,999 for On-The-Job training services management and authorized the Human Resources Agency Director to sign, as directed by the Human Resources Agency Director

24.   APPROVED revenue agreement between the Housing Authority of the County of Santa Cruz and the Human Resources Agency for $23,334 from October 1, 2007 through September 30, 2008; and authorized the Human Resources Agency Director to sign, as recommended by the Human Resources Agency Director

25.   APPROVED Fiscal Year 2007-2008 contract with Cabrillo College in the amount of $223,296 for Fast Track to Work services and customer service skills curriculum; and authorized the Human Resources Agency Director to sign, as recommended by the Human Resources Agency Director

26.   SEE ITEM NO. 53.1 REGULAR AGENDA

27.   ACCEPTED AND FILED status report on 2007 Green Building Program, and approved related actions; with additional direction that staff report back on March 4, 2008 regarding the development of the Green Building checklist/scorecard and provide a status report at Budget Hearings 2008/2009 on the progress of the Green Building Program

28.   CONTINUED consideration of appointment of Atkinson Lane Technical Advisory Committee members until January 29, 2008, as recommended by the Planning Director

29.   SCHEDULED a public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0251, a proposal to rezone a parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district on property located on the north side of an unnamed private right of way about 2.23 miles from the intersection with Old Woman's Creek Road in the north coast area, as recommended by the Planning Director

30.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0261, a proposal to rezone a parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district on property located on the north side of Haines Road (a private, unmarked right of way) approximately 0.67 miles east of the three-way intersection of Haines Road with Rider Road and Rider Ridge Road (711 Rider Road), as recommended by the Planning Director

31.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0262, a proposal to rezone a parcel from an Agriculture with Open Space (A-O) zone district to the Timber Production (TP) zone district on property located on the north side of Haines Road (a private, unmarked right of way) approximately 0.8 miles east of the three-way intersection of Haines Road with Rider Road and Rider Ridge Road, as recommended by the Planning Director

32.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0263, a proposal to rezone a parcel from the Agriculture with Open Space (A-O) zone district to the Timber Production (TP) zone district, on property located on the north side of Haines Road (a private, unmarked right of way) approximately 0.75 miles east of the three-way intersection of Haines Road with Rider Road and Rider Ridge Road, as recommended by the Planning Director

33.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0264, a proposal to rezone a parcel from the Agriculture with Open Space (A-O) to the Timber Production (TP) zone district, on property located on the north side of Haines Road (a private, unmarked right of way) approximately 0.67 miles east of the three-way intersection of Haines Road with Rider Road and Rider Ridge Road, as recommended by the Planning Director

34.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0276, a proposal to rezone a parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district, on property located on the west side of Comstock Mill Road (16018 Comstock Mill Road) about one mile south from Stetson Road, as recommended by the Planning Director

35.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0339, a proposal to rezone a parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district on property located on the west side of Highway 9, approximately 0.25 miles north of the intersection of McGaffigan Mill Road, as recommended by the Planning Director

36.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0349, a proposal to rezone three parcels from the Agriculture (A) zone district to the Timber Production (TP) zone district on property located on the west side of Vine Hill Road at the intersection with Thin Edge Road, as recommended by the Planning Director

37.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0357, a proposal to rezone a parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district on property located at the end of a private road that branches southwest from Morrell Road, approximately 1 mile southwest of the intersection of Morrell Road and Old San Jose Road, as recommended by the Planning Director

38.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0362, a proposal to rezone a parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district on properties located on the south and west sides of Upper Glenwood Drive (23240 Glenwood Cutoff) about .5 miles west of the intersection with Highway 17, as recommended by the Planning Director

39.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0377, a proposal to rezone a parcel from the Rural Residential (RR) zone district to the Timber Production (TP) zone district on property located at the end of Azalea Lane (301 Azalea Lane) about 0.25 miles south from the intersection with Pineridge Road, as recommended by the Planning Director

40.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0391, a proposal to rezone a parcel from the Special Use (SU) zone district to the Timber Production (TP) zone district on property located at the intersection of Aptos View Road and Fern Flat Road, approximately 7-10 miles north-northeast of the intersection of Trout Gulch and Soquel Drive (80 Columbine Way), as recommended by the Planning Director

41.   SCHEDULED public hearing on the agenda of January 15, 2008 at 1:30 p.m. or thereafter, to consider Application 07-0395, a proposal to rezone a parcel from the Residential Agriculture (RA) zone district to the Timber Production (TP) zone district on property located on the north and south side of Dove Lane about 0.25 miles north from the intersection with Eureka Canyon Road, as recommended by the Planning Director

42.   APPROVED Contract Change Order Number 2 in the amount of $3,782.86 for the 2007 County Service Area Resurfacing Project; authorized the Chairperson of the Board of Supervisors to sign and directed the Clerk of the Board to take related actions, as recommended by the Director of Public Works

43.   APPROVED Program Supplement Agreement to County-State Agreement in the amount of $53,118 for preliminary environmental investigations and design engineering for Bear Creek Road; adopted RESOLUTION NO. 340-2007 authorizing the Director of Public Works to sign, and approved related actions, as recommended by the Director of Public Works

44.   APPROVED Program Supplement Agreement to County-State Agreement in the amount of $30,985 for preliminary environmental investigations and design engineering for Bear Creek Road; adopted RESOLUTION NO. 341-2007 authorizing the Director of Public Works to sign the Program Supplement, and approved related actions, as recommended by the Director of Public Works

45.   APPROVED Program Supplement Agreement to County-State Agreement in the amount of $35,412 for preliminary environmental investigations and design engineering for Soquel-San Jose Road; adopted RESOLUTION NO. 342-2007 authorizing the Director of Public Works to sign the Program Supplement, and approved related actions, as recommended by the Director of Public Works

46.   APPROVED Program Supplement Agreement to County-State Agreement in the amount of $61,971 for preliminary environmental investigations and design engineering for Empire Grade Road; adopted RESOLUTION NO. 343-2007 authorizing the Director of Public Works to sign the Program Supplement, and approved related actions, as recommended by the Director of Public Works

47.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, INCREASED the income eligibility threshold for the Corralitos Creek Townhomes project and authorized use of Redevelopment Agency Housing Funds as a part of the Corralitos Creek resale program, as recommended by the Planning Director

47.1.   APPROVED appointment of Michael A. Guth to the Planning Commission, as the First District Alternate Commissioner, for a term to expire January 5, 2009, as recommended by Supervisor Beautz

47.2.   APPROVED appointment of Tom Rosewall to the Commission on the Environment for a term to expire April 1, 2011, as recommended by Supervisor Campos

47.3.   ADOPTED a RESOLUTION NO. 344-2007 opposing the passage of Assembly Bill 1309, as recommended by Supervisor Beautz

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property Street Address: adjacent to 2-2798 East Cliff Drive, Santa Cruz CA

Assessor's Parcel Number: 028-481-03

Property Owner: Charles and Jacque Kessinger

Negotiating Parties: Ken Hill, Chief Real Property Agent

REPORT OF COUNTY COUNSEL - No report given


REGULAR AGENDA

49.   Presentation made honoring Public Works Director Tom Bolich

50.   Public hearing held to consider a County-sponsored General Plan amendment to change the land use designation from C-O (Professional and Administrative Offices) to R-S (Suburban Residential) and a rezoning from PA (Professional and Administrative Office) to the R-1-15 (Single Family Residential, 15,000 square feet parcels) zone district for a parcel located on the east side of Highway 9, at 6950 Highway 9 in Felton;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 345-2007 amending the General Plan to return the property to a Suburban Residential (R-S) land use designation;

(2) ADOPTED ORDINANCE NO. 4895 amending Chapter 13.10 of the Santa Cruz County Code that rezones the property indicated from the PA zone district to the R-1-15 zone district; and

(3) certified the CEQA Notice of Exemption
PSCoCaB  

51.   Public hearing held to consider adoption of an interim ordinance extending a temporary moratorium on development proposals for certain sites in the County that would be inconsistent with the County's rezoning of those sites as required by the Housing Element, pursuant to Government Code Section 65858;

(1) conducted a public hearing on the moratorium extension;

(2) closed public hearing;

(3) ADOPTED ORDINANCE NO. 4896 extending the moratorium on the approval of certain development applications on certain sites (as defined in the Ordinance) to provide additional time (an additional year) to complete the rezoning process for these sites
PSCo(Ca)B  (Supervisor Campos abstained because he owns property within 500-1,000 feet)

52.   Motion made to approve staff recommendation with the addition of a report back in February 2008 on Code Compliance (motion failed);

(2) CONTINUED TO FEBRUARY 26, 2008 public hearing to consider Planning Commission's recommendation to adopt proposed amendments to the County Code Chapters 13.10, 13.20 and 16.50 to simplify zoning regulations for small-scale residential structures; and directed Planning to return with the Code Compliance impacts as well as the analysis Supervisor Beautz requested with respect to Level IV, Level V rules, timelines and protocols
(1) PCacosb  MOTION FAILED
(2) ScopCaB  

53.   CONTINUED TO BUDGET HEARINGS 2008/2009 consideration to adopt an Ordinance amending section 2.02.060 of the County Code relating to the compensation of the Board of Supervisors
PCaCosB  

53.1.   DIRECTED the Planning Department to return on March 4, 2008 with the following proposals: (a) roof mounted wireless communication facilities to have the same setback rules as ground located towers; (b) limit the number of co-located cell towers; (c) enact a setback from schools; and (d) imposition of fees on cell towers sited within the county right-of-way
PSCoCaB  

53.2.   CONTINTUED TO DECEMBER 11, 2007 consideration to adopt resolution to establish a 1.00 percent per annum simple interest rate on tenant's rental security deposits
PCaCoSB