Santa Cruz County Board of Supervisors Minutes: 8/24/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 24
Tuesday, August 24, 2004

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.		Additions and deletions to the Closed Session Agenda: Item No. 54: ADDED: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property street addresses (APN if no street addresses): APN 029-071-68 Negotiating parties (not agents): Betsey Lynberg, Redevelopment Agency, and Laurence Valente; and IHSS PUBLIC AUTHORITY BOARD CONFERENCE WITH LABOR NEGOTIATOR IHSS Public Authority Negotiator: Director of Personnel Employee Organization: IHSS Public Authority Employees DELETED: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation to be considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 10, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 12, 2004 through August 18, 2004 and approved upon adoption of the 2004/2005 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 Mark Haugland, No. 405-004, and referred to County Counsel

11.   REJECTED the claim of Mark Haugland, No. 405-004, Amended, and referred to County Counsel

12.   REJECTED the claim of Eric David Lindsley, No. 405-006, and referred to County Counsel

13.   REJECTED the claim of Progressive West Insurance Company, No. 405-007A, and referred to County Counsel

14.   REJECTED the claim of Gabe Farncroft, No. 405-007B, and referred to County Counsel

15.   REJECTED the claim of Estate of Neil Sandow, No. 405-008, and referred to County Counsel

16.   REJECTED the claim of Lara Dorcich, Mother, and Brentyn Walker, a Minor, No. 405-010, and referred to County Counsel

17.   REJECTED the claim of Jennifer L. Watson, No. 405-012, and referred to County Counsel

18.   ADOPTED RESOLUTION NO. 279-2004 fixing and levying the 2004/2005 tax rates pursuant to the State Constitution, as recommended by the Auditor-Controller

19.   DEFERRED consideration of status report on the Above-the-Line Group Home Society until September 28, 2004, as recommended by the County Administrative Officer

20.   ACCEPTED AND FILED report on the 2004/2005 County Budget; with an additional direction that the Board get a report on state actions as soon as the information is available

20.1.   SEE ITEM NO. 58.4 REGULAR AGENDA

21.   ADOPTED RESOLUTION NO. 280-2004 ordering elections called by school districts, special districts, and cities be consolidated with the November 2, 2004 General Election, as recommended by the Acting County Clerk

22.   APPROVED Independent Contractor Agreement with Technical Roof Services, Incorporated in the amount of $29,900 for design services and specifications for the roofing project at the Main Jail Facility, as recommended by the Director of General Services

23.   AUTHORIZED emergency sewer pipe replacement near the County facility at 1020 Emeline Avenue and approved related actions, as recommended by the Director of General Services

24.   APPROVED plans and specifications for the Main Jail Water Intrusion Repair project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on September 22, 2004 in the General Services Department, as recommended by the Director of General Services

25.   AUTHORIZED the Information Services Department Director to sign an Authorization to Order to consolidate all telecommunication services received by the County through the State Master Agreement into one order and make these services available through December 3, 2005, as recommended by the Director of Information Services

26.   ACCEPTED AND FILED report on Family Preservation Deputy Probation Officer, as recommended by the Chief Probation Officer

27.   AUTHORIZED the Sheriff-Coroner to enter into a training site/hold harmless agreement between the Sheriff's Office and Dennis Smith, property owner of training site, as recommended by the Sheriff-Coroner

28.   APPROVED agreement with Bloomberg L.P. in the annual amount of $20,400 for interactive financial information and authorized the Acting Treasurer-Tax Collector to sign agreement, as recommended by the Acting Treasurer-Tax Collector

29.   ADOPTED RESOLUTION NO. 281-2004 supporting passage of Proposition 1A, protection for local revenues, on the November 2004 Ballot, as recommended by Supervisor Beautz

30.   ACCEPTED nomination of Gregory W. Carter for appointment to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2008, with final appointment to be made September 14, 2004, as recommended by Supervisor Pirie

31.   ACCEPTED nomination of Barbara E. Hanson for appointment to the Long Term Care Interagency Commission, as an at-large representative over 55 years of age, for a term to expire April 1, 2006, with final appointment to be made September 14, 2004, as recommended by Supervisor Stone

32.   APPROVED appointment of Hal Anjo to the Seniors Commission for a term to expire April 1, 2005, as recommended by Supervisor Stone

33.   ADOPTED RESOLUTION NO. 282-2004 supporting implementation of Assembly Bill 537, the California Student Safety and Violence Prevention Act, by supporting the recommendations of the Safe Place to Learn report, as recommended by Supervisor Wormhoudt

34.   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

35.   APPROVED methadone treatment agreement with Triad Community Services with a maximum amount of $181,704 and authorized the Health Services Agency Director to sign; approved the lease agreement with Janus in the amount of $1,900 per month for use of county-owned clinic space; and authorized the Director of General Services to sign, as recommended by the Health Services Agency Director

36.   AUTHORIZED the Auditor-Controller to make advance payments for September 2004 on six Public Health contracts with the Santa Cruz AIDS Project, as recommended by the Health Services Agency Director

37.   SEE ITEM NO. 58.3 REGULAR AGENDA

38.   ADOPTED RESOLUTION NO. 283-2004 accepting and appropriating unanticipated revenue in the amount of $16,000 from CalWORKs Single Allocation; approved contract with United Way of Santa Cruz County; authorized the Human Resources Agency Director to execute the contract; and approved related actions, as recommended by the Human Resources Agency Director

39.   SCHEDULED a public hearing on Tuesday, September 28, 2004, on the morning agenda at 9:00 a.m. or thereafter to consider the 2005 Growth Goal, as recommended by the Planning Director

40.   AUTHORIZED $92,000 in County Housing Funds for the Lagoon Beach affordable housing project and approved related actions, as recommended by the Planning Director

41.   AUTHORIZED the Planning Director to execute a contract with Tony G. Jaquez, General Engineering Contractor, in the amount of $38,188 to remove unauthorized fill material and complete the abatement process at 136 View Circle in Felton; and adopted RESOLUTION NO. 284-2004 accepting and appropriating unanticipated revenue from the Environmental Cleanup Revolving Fund in the same amount in order to finance this work, as recommended by the Planning Director

42.   APPROVED amendment to agreement with the California Grey Bears for operation of the Chanticleer Avenue recycling facility by approving scope of work, increasing compensation by $60,000 for a not-to-exceed total of $120,000 and extending the term of the agreement to June 30, 2005; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

43.   ACCEPTED site improvements for Tract 1450, Pajaro Village Phase III as complete, and approved related actions, as recommended by the Director of Public Works

44.   APPROVED road closures for the Tenth Annual Monte Foundation Fireworks Show, and approved related action, as recommended by the Director of Public Works

45.   SEE ITEM NO. 58.1 REGULAR AGENDA

46.   APPROVED Contract Change Order No. 1 for the Sunbeam Woods - County Service Area (CSA) No. 44 Overlay Project 2004; authorized the Chairperson of the Board to sign the change order on behalf of the County; and approved related actions, as recommended by the Director of Public Works

47.   APPROVED road closures for the Friends for Locally Owned Water community event scheduled for September 11, 2004, and directed Public Works to issue the road closure permit, as recommended by the Director of Public Works

48.   APPROVED amendment to agreement with Harris and Associates in the amount of $154,340 for a total contract amount of $381,990 for Buena Vista Landfill Entrance Facility Improvements Phase I, and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

49.   DEFERRED consideration of final agreements with Ameresco to develop the Buena Vista Landfill Gas Power project until on or before October 5, 2004, as recommended by the Director of Public Works

50.   APPROVED amendments to agreements for the Public Schools Resource Conservation Program with the Santa Cruz County Office of Education in the amount of $59,997; with Life Lab Science Program in the amount of $39,667; with Ecology Action of Santa Cruz in the amount of $59,994; and authorized the Director of Public Works to execute the agreements on behalf of the County, as recommended by the Director of Public Works

51.   APPROVED independent contractor agreement with Ecology Action of Santa Cruz for Solid Waste Public Information Services in the amount of $101,745, and authorized the Director of Public Works to sign the agreement, as recommended by the Director of Public Works

52.   SEE ITEM NO. 58.2 REGULAR AGENDA

53.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ACCEPTED the improvement for the Calabasas Road Sewer Replacement project; approved final cost in the amount of $212,042.59; and approved related action, as recommended by the Director of District Engineer

54.   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.: Claudia Lynch v. County of Santa Cruz, Kelly Forman, Francine Nickell

United States District Court No. C03-04524

Case Name/No.: County of Santa Cruz v. Alvin Zar, et al.

Santa Cruz County Superior Court Case No. CV 141816

Case Name/No.: Mar Sereno Estates, LLC v. County of Santa Cruz

Santa Cruz County Superior Court Case No. CV 149647

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units and Unrepresented Employees

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street addresses (APN if no street addresses):

APN: 029-071-68

Negotiating parties (not agents): Betsey Lynberg, Redevelopment Agency, and Laurence Valente

IHSS PUBLIC AUTHORITY BOARD

CONFERENCE WITH LABOR NEGOTIATOR

IHSS Public Authority Negotiator: Director of Personnel

Employee Organization: IHSS Public Authority Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

55.   ADOPTED RESOLUTION NO. 285-2004 Extending the Appointment of Acting County Clerk Gail Pellerin to September 14, 2004; CONTINUED TO SEPTEMBER 14, 2004 report on the consolidation of County elective offices; with additional direction that staff provide information on cost comparisons for the different offices which would include the difference between the three elected scenario vs. the four elected scenario (with no change to the Recorder function), what that would be over time, factoring in the staffing configuration of the prior year updated for cost delivery
PSBCW

56.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5, to convene and carry out a continued special meeting

57.   APPROVED reappointment of Eric C. Herrick to the Assessment Appeals Board, as an at-large representative, in accordance with County Code Section 2.98.030, for a term to expire September 6, 2007
CBPSW

58.   APPROVED reappointment of Robin Towse and Lee Slaff to the Assessment Appeals Board, as at-large representatives, in the categories indicated, in accordance with County Code Section 2.98.030, for a term to expire September 6, 2007
PCBSW

58.1.   APPROVED Contract Change Order No. 9 for the Brommer Street Improvements, Seventh Avenue to Seventeenth Avenue project ($750,000); authorized the Chairperson of the Board to sign the change order on behalf of the County; and directed the Clerk of the Board to return the signed documents to Public Works for further processing following the September 2, 2004 meeting of the Board of Directors of the Sanitation District
BP(C)SW (Supervisor Campos abstained because he owns stock in Granite Construction)

58.2.   ACCEPTED AND FILED Coastal Nonpoint Source Pollution Control grant report; adopted RESOLUTION NO. 286-2004 accepting and appropriating unanticipated revenue in the amount of $700,000 for the 2004/2005 fiscal year; approved independent contractor agreement with Kestrel Consulting, Incorporated in the not-to-exceed amount of $58,820; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works
BPCSW

58.3.   ACCEPTED AND FILED report on the impacts of Proposition 63, the Mental Health Services Act and directed the Health Services Agency to report back on December 14, 2004 with budget recommendations, as recommended by the Health Services Agency Director
PCBSW

58.4.   DIRECTED the Deferred Compensation Advisory Commission to issue a Request for Proposals (RFP) for record-keeping and communication services, and return on September 28, 2004 with recommendations about obtaining a consultant, conducting the RFP process, and appropriating the necessary funds; with an additional direction to include in the report back the following information:

(a) whether a much more abbreviated extension of the contract with Great West is possible; (b) whether there is a possibility of a fee reduction during the extension; (c) Deferred Compensation Commission's consideration of sending another member to the conference; (d)information on the independent audit of Great West; (e) information on the composition of the Committee to hire the Consultant for the RFP process; (f) a timeline that is aggressive for going through the RFP process; (g) and send a formal letter to Great West if one has not been sent
SCBPW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS