Santa Cruz County Board of Supervisors Minutes: 5/3/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 14
Tuesday, May 3, 2005

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.		Supervisor Wormhoudt Absent
2.		Moment of Silence and Pledge of Allegiance
3.		Deleted from the Consent Agenda: Item No. 36 Deleted from the Regular Agenda: Item No. 42
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eight people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of April 19, 2005, as recommended by the Clerk of the Board

8.   DELETED ITEM

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 Kemper Insurance for Peter Prindle, No. 405-110, and referred to County Counsel

11.   REJECTED the claim of USAA Insurance for David Murphy, No. 405-111, and referred to County Counsel

12.   ADOPTED ORDINANCE NO. 62 of the Davenport County Sanitation District, Santa Cruz, California, Amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges

13.   ADOPTED ORDINANCE NO. 63 of the Davenport County Sanitation District, Santa Cruz County , California, Amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 Water Service Charges

14.   ADOPTED ORDINANCE NO. F-8 of the Freedom County Sanitation District, Santa Cruz County, California, Repealing and Replacing District Code Title 3 Article III Chapter 3.08 Sewer Service Charges and Amending Article IV Chapter 3.08 Section 3.08.220 Collection of Charges with General Taxes

15.   APPROVED request of Pajaro Valley Public Cemetery District to establish a one-time biennial rather than annual audit for fiscal years 2003/2004 and 2004/2005, as recommended by the Auditor-Controller

16.   AUTHORIZED the Department of Public Works to purchase posters for National Public Works Week for the current year and in future years, as recommended by the County Administrative Officer

17.   ADOPTED RESOLUTION NO. 127-2005 providing for zero property tax exchange for Local Agency Formation Commission (LAFCO) No. 897 - Cities Annexation to Mosquito and Vector Control, County Service Area (CSA) No. 53, as recommended by the County Administrative Officer

18.   ADOPTED RESOLUTION NO. 128-2005 authorizing the District Attorney to submit an application to the Governor's Office of Emergency Services for funding of the District Attorney's Victim/Witness Assistance Center Program in the amount of $199,927 for the period July 1, 2005 through June 30, 2006, as recommended by the District Attorney

19.   ADOPTED RESOLUTION NO. 129-2005 authorizing the District Attorney to submit a joint powers agreement with the State Victim Compensation and Government Claims Board in the amount of $443,022 for the period of July 1, 2005 through June 30, 2007, as recommended by the District Attorney

20.   APPROVED plans and specifications for the Re-Surface Courts at Brommer and Twin Lakes Parks project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on May 25, 2005 in the General Services Department, as recommended by the Director of General Services

21.   AUTHORIZED the Personnel Department to implement a Flexible Spending Account Program (FSA), administered by Creative Benefits with an effective date of January 1, 2006 and return to the Board after the enrollment period with a costing for participants in order to ensure that the program is implemented at no cost to the County, as recommended by the Personnel Director

22.   ADOPTED RESOLUTION NO. 130-2005 authorizing submission of a proposal for Juvenile Accountability Block Grant 2005 Program, as recommended by the Chief Probation Officer

23.   APPROVED appointment of Toni Cassista to the Seniors Commission for a term to expire April 1, 2009, as recommended by Supervisor Beautz

24.   ADOPTED RESOLUTION NO. 131-2005 supporting passage of Assembly Bill 1605 and adopted RESOLUTION NO. 132-2005 supporting passage of Senate Bill 1018, relating to reporting elder financial abuse, as recommended by Chairman Campos

25.   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

26.   APPROVED amendments to agreements for administrative services with Linda Jenckes, adding $20,000 for a new maximum of $45,000 for Medicare rate advocacy; Cole Communications, changing the hourly rate from $75 to $85 for grant writing services, and authorized the Health Services Agency Director to sign; approved a new agreement with Jim DeAlba for MediCal administrative technical assistance at an hourly rate of $95, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

27.   ADOPTED RESOLUTION NO. 133-2005 accepting and appropriating $1.4 million for the CalWORKS and Foster Care programs; approved associated transfer of funds; and approved related actions to meet the year end financial obligation, as recommended by the Human Resources Agency Director

28.   ADOPTED RESOLUTION NO. 134-2005 authorizing the Director of Public Works to submit a regional application for a Household Hazardous Waste grant in the fiscal year 2005/2006 grant cycle as the lead agency in a regional program including the cities of Capitola, Scotts Valley, and Watsonville to establish a pharmaceutical disposal and education program, as recommended by the Director of Public Works

29.   ADOPTED RESOLUTION NO. 135-2005 authorizing the Department of Public Works to submit a grant application proposal in the amount of $65,490 to the California Department of Fish and Game Restoration Grants Program for the Browns Valley Road Culvert Retrofit project, as recommended by the Director of Public Works

30.   APPROVED amendment to agreement with TY Lin International/CCS Engineering, Incorporated in the increased amount of $19,620 for a total not-to-exceed amount of $54,620 for engineering of the El Rancho Drive Storm Damage Repair at Highway 17 Beulah Park Undercrossing; authorized the fund transfer of 2004/2005 Road Fund appropriations in the amount of $20,625; and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

31.   ADOPTED RESOLUTION NO. 136-2005 summarily vacating excess County right-of-way on Soquel Drive; adopted RESOLUTION NO. 137-2005 approving the sale and authorized the Chairperson of the Board of Supervisors to sign the deed; accepted the offer to purchase the subject property; and directed Clerk of the Board to take related action, as recommended by the Director of Public Works

32.   DEFERRED progress report on the Integrated Watershed Restoration Program to on or before June 7, 2005, as recommended by the Director of Public Works

33.   APPROVED road closure for the Aptos 4th of July Parade; and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

34.   APPROVED road closure and La Selva Beach 4th of July Parade, and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

35.   ADOPTED RESOLUTION NO. 138-2005 accepting a portion of the offer of dedication for the College Road at Anderson Drive Curb, Gutter and Sidewalk project, in accordance with Section 13.08.413 of the County Code, as recommended by the Director of Public Works

36.   DELETED ITEM

37.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Planning Director to allocate an additional $500,000 in Redevelopment Agency Housing Funds to Mid-Peninsula Housing Coalition to assist in the Villas del Paraiso project, as recommended by the Planning Director

38.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Planning Director to allocate a $50,000 grant and a $24,727 loan from Redevelopment Agency Housing Funds to Mercy Housing for the acquisition and replacement costs for unit no. 17 of the Osocales Community project, and to authorize $80,000 from the Redevelopment Agency Housing Fund to Mercy Housing for a second mobile home acquisition and replacement project; and approved related actions, as recommended by the Planning Director

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

Case Name/No.: Pete Pearson, et al. v. County of Santa Cruz, et al.

Santa Cruz County Superior Court Case No. CV 145357

Case Name/No.: Ernestina Saldana, et al. v. County of Santa Cruz, et al.

United States District Court, Northern District Case No. C04 03263 RMW

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

REPORT OF COUNTY COUNSEL - (1) In the case of Pete Pearson, et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 145357, the Board of Supervisors, with Supervisor Wormhoudt being absent, authorized an appeal of this matter. This matter is a surface water drainage case and the County will be taking an appeal from the Courts judgment on a demurrer;

(2) In the case of Ernestina Saldana et al. v. County of Santa Cruz, et al. United States District Court, Northern District Case No. C04 03263 RMW, the Board of Supervisors, with Supervisor Wormhoudt being absent, authorized County Counsel to file an appeal in this matter. This matter stems from the County's Housing Element;

(3) The Board of Supervisors, with Supervisor Wormhoudt being absent, authorized County Counsel to initiate litigation and the reportability of this matter is covered by the Brown Act. County Counsel will disclose the parties and subject matter upon request after the actual law suit has commenced
(1) BP/W/SC
(2) BP/W/SC
(3) BP/W/SC

REGULAR AGENDA

40.   CONSIDERED report and presentation on the Healthy Kids Program;

accepted and filed report on the Healthy Kids Program
PB/W/SC

41.   CONSIDERED report on waste management planning and adoption of ordinance regarding disposal of recyclable material and taking other related actions to extend the life of the Santa Cruz County landfill;

(1) accepted and filed report on short and long range resource recovery and waste management planning;

(2) considered adoption of ordinance in concept, referred the ordinance to the Environmental Coordinator to consider for California Environmental Quality Act (CEQA) review, and directed Public Works to return the ordinance to the Board for final adoption on June 21, 2005;

(3) directed Public Works to include an out-of-district surcharge of 28 percent in the Unified Fee Schedule for the upcoming fiscal year;

(4) directed Public Works, in cooperation with Waste Management, to develop a 10-gallon curbside refuse collection service and approved related actions to implement the new service;

(5) directed Public Works to conduct public meetings to discuss proposed universal collection within the urban services boundary and negotiate terms and conditions for implementing universal collection with Waste Management
PSB/W/C

42.   DELETED ITEM

43.   APPROVED appointment of Dr. Patrick Meehan to the Santa Cruz-Monterey County Managed Medical Care Commission, as an at-large provider representative of a non-governmental community clinic, in accordance with County Code Section 7.59.030, for a term to expire April 1, 2007
PB/W/SC

44.   Continued public hearing of ordinances amending County Code Sections 9.70.480, 13.10.552, 13.10.553, 13.10.554, and 13.10.684 regarding transportation and installation of replacement mobile homes in mobile home parks, including parking and other standards and exceptions;

closed public hearing;

(1) approved staff recommendation;

(2) motion to reconsider;

(3) approved staff recommendations as follows: (a) approved "in concept" ordinance (Attachment 1) approving the proposed amendment to Chapter 9.70 and directed the Clerk of the Board to place that ordinance on the Board's next consent agenda for final adoption; (b) ADOPTED RESOLUTION NO. 139-2005 Regarding Proposed Amendment to County Code Sections 13.10.552, 13.10.553, 13.10.554 and 13.10.684 Regarding Parking and Other Requirements for Mobilehomes Located within a Mobilehome Park (Attachment 2), and ADOPTED ORDINANCE NO. 4786 (Attachment 3) approving the proposed amendments to Chapter 13.10, as revised; (c) certified the CEQA Notice of Exemption;(d) and directed the Planning Department to forward the amendments to Chapter 13.10 to the California Coastal Commission for review and certification; (e) with amendments as follows: to increase the square footage at which three parking spaces are needed to over 1,570 square feet and allow park owners, mobilehome dealers or the mobilehome purchasers to obtain a parking certification from the County
(1) PB/W/Sc
(2) PB/W/SC
(3) PB/W/Sc

45.   CONTINUED TO MAY 17, 2005 report on design issues in coastal neighborhoods
PSB/W/C

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS