Santa Cruz County Board of Supervisors Minutes: 9/14/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 25
Tuesday, September 14, 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.		Deletions to the Consent Agenda: Item No. 10 Additions and Deletions to the Closed Session Agenda, Item No. 54: ADDED, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation to be considered pursuant to Government Code Section (b) 54956.9 for two potential cases 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 two potential cases
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 17, 2004 and August 24, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 19, 2004 through September 8, 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.   DELETED ITEM

11.   APPROVED revisions to the County Procedures Manual and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer

12.   CONTINUED TO SEPTEMBER 21, 2004 consideration to adopt resolutions appointing the unopposed special district candidates who have filed Declarations of Candidacy for the November 2, 2004 Election, and accept notification that applications for the vacant position existing on the Pajaro Dunes Geologic Hazard Abatement District will be forwarded to the County Board of Supervisors for appointment to be made prior to the November 2, 2004 Election

13.   ACCEPTED and adopted recommendation of the Mobilehome Commission that the reasonable rate of return for qualified mobilehome park capital improvements remain at twelve percent (12%), as recommended by County Counsel

14.   ADOPTED RESOLUTION NO. 287-2004 authorizing the District Attorney to submit a renewal grant application in the amount of $115,318 to the Governor's Office of Emergency Services for fiscal year 2004/2005 Violence Against Women Vertical Prosecution Program; adopted RESOLUTION NO. 288-2004 canceling estimated revenues and appropriations in the amount of $23,098 for the VAWA-Vertical Prosecution Program; and approved related actions, as recommended by the District Attorney

15.   ADOPTED RESOLUTION NO. 289-2004 accepting and appropriating $109,800 in Federal Domestic Preparedness Assistance to Firefighters Grant Program funds into the County Fire budget and approved the list of associated fixed assets to allow purchase of safety clothing and thermal imaging cameras, as recommended by the Emergency Services Administrator

16.   AUTHORIZED transfer of $3,000 of existing appropriations within the 2004 Homeland Security budget for a safety equipment storage system and approved related actions, as recommended by the Emergency Services Administrator

17.   APPROVED amendments extending agreements for soil and groundwater testing with Remediation Risk Management, Incorporated and Koch, Chun, Knoblock and Associates, Incorporated, as recommended by the Director of General Services

18.   AWARDED contract to Kase Pacific Construction in the amount of $225,079 for the Veterans Memorial Building Remodel project; authorized the Parks Director to notify the contractor and sign the contract agreement and associated documents; authorized the Parks Director to approve change orders and encumber $22,508 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

19.   APPROVED the sole source purchase and turnkey installation of ClorTec Chlorine Generators for Simpkins Swim Center at an approximate cost of $120,706 and approved related actions, as recommended by the Director of General Services

20.   APPROVED independent contractor agreement with Business Resource Group (BRG) for consulting services at a cost not-to-exceed $18,500 and authorized the General Services Director to notify the contractor and sign the contract agreements and associated documents on behalf of the Board, as recommended by the Director of General Services

21.   APPROVED individual item adjustments to the fixed asset allocations for the Information Services Department Telecommunications Division, with no change to the total fixed asset allocation, as recommended by the Director of Information Services

22.   DIRECTED Personnel Department staff to discuss the survey results on the feasibility, costs and possible implementation of a Flexible Spending account program with the unions and return to the Board when additional information is available, as recommended by the Personnel Director

23.   CONTINUED TO SEPTEMBER 21, 2004 consideration to approve lease agreement for the period of September 1, 2004 through August 31, 2009 for the Probation Department's and Superior Court's office space at 303 Water Street, Santa Cruz; and authorize the Chief Probation Officer to sign the lease agreement on behalf of the County

24.   ADOPTED RESOLUTION NO. 290-2004 accepting and appropriating unanticipated revenue in the amount of $187,500 from the Substance Abuse and Mental Health Services Administration - Center for Substance Abuse Treatment (SAMHSA/CSAT) to fund the Motivational Approach to Success (MAS) Grant and approved related actions, as recommended by the Chief Probation Officer

25.   CONTINUED TO SEPTEMBER 21, 2004 consideration to accept and file the Inmate Welfare Fund Annual Report for fiscal year 2003/2004

26.   APPROVED transfer of $20,000 from Salaries and Benefits to Services and Supplies in the Detention Bureau's Court Security Budget, as recommended by the Sheriff-Coroner

27.   ADOPTED RESOLUTION NO. 291-2004 accepting and appropriating unanticipated revenue from the Civil Vehicle/Equipment/Maintenance Trust; approved purchase and installation of various equipment for the Sheriff's Office Civil Division vehicle in the total amount of $21,413.57, as recommended by the Sheriff-Coroner

28.   ACCEPTED Treasurer's monthly Cash Report and Transaction Report for the period ending July 31, 2004 and approved related action, as recommended by the Acting Treasurer-Tax Collector

29.   APPROVED appointment of Anthony J. "Bud" Carney to the Housing Advisory Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

30.   ADOPTED RESOLUTION NO. 292-2004 opposing Proposition 68, the Gaming Revenue Act of 2004, which will appear on the November 2004, statewide ballot, as recommended by Supervisor Campos
PC(B)SW

31.   APPROVED appointment of Rachel Dann to the Women's Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

32.   APPROVED appointment of Mary L. Cross to the Mental Health Advisory Board, as a representative in the category of "consumer/family," for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

33.   DIRECTED the Clerk of the Board to post notice of four vacancies on the Santa Cruz County Resource Conservation District Board of Directors, and approved the time line for making appointments to these positions, as recommended by Chair Wormhoudt

34.   ACCEPTED notification of at-large vacancy on the Housing Authority Board of Commissioners, for a tenant representative, with nominations for appointment to be received on September 28, 2004, and final appointment to be made October 5, 2004, as recommended by Chair Wormhoudt

35.   APPROVED appointment of Ed Huff to the Deferred Compensation Advisory Commission, as the representative of SEIU Local 415, as recommended by Chair Wormhoudt

36.   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

37.   ACCEPTED AND FILED status report on the implementation of the Healthy Kids insurance program, as recommended by the Health Services Agency and Human Resources Agency Directors

38.   ADOPTED RESOLUTION NO. 293-2004 accepting and appropriating $588,600 in unanticipated state and federal revenue into the Health Services Agency's Mental Health budget and approved related actions, as recommended by the Health Services Agency and Human Resources Agency Directors

39.   ADOPTED RESOLUTION NO. 294-2004 accepting and appropriating unanticipated revenue in the amount of $545,740 for various Public Health Programs; approved Schedule of Fixed Assets; approved new revenue agreements with California DHS in the amount of $305,258 for funding of National Hospital Bioterrorism Preparedness Program and the Santa Cruz County Medical Society in the amount of $50,000 to establish a "Medical Reserve Corps" database; approved amendment to extend contract with Public Health Foundation Enterprises through August 31, 2005; directed Personnel to work with the Health Services Agency to add and classify .20 Sr. Mental Health Client Specialist, as recommended by the Health Services Agency Director

40.   ACCEPTED AND FILED report on ambulance rates and approved a four percent (4%) rate increase effective September 1, 2004; approved amendment to agreement with American Medical Response West, Incorporated contract, authorizing the use of Excess Revenue funds to partially offset the increased cost of dispatch services; and approved related actions, as recommended by the Health Services Agency Director

41.   ADOPTED RESOLUTION NO. 295-2004 accepting and appropriating $379,530 in unanticipated federal revenue into Health Services Agency's Mental Health budget; approved the addition of 1.5 FTE Psychiatrists, 2.0 FTE Psychologist-Sr.. Mental Health Client Specialist, and 1.0 FTE Medical Assistant into the Mental Health budget; and directed Personnel to classify, as recommended by the Health Services Agency Director

42.   AUTHORIZED the Human Resources Agency Director to execute the contract with the U.S. Department of Housing and Urban Development (HUD) in the amount of $89,985 and to sign the annual renewal agreements; and directed the Human Resources Agency Director to report back on September 28, 2004 with an update and further recommendations regarding program implementation, as recommended by the Human Resources Agency Director

43.   APPROVED amendments to the Community Programs contracts with Mountain Community Resources and Santa Cruz Barrios Unidos for fiscal year 2004/2005, and approved related actions, as recommended by the Human Resources Agency Director

44.   ACCEPTED Appeal of Application No. 00-0143 as having been received in a timely manner and scheduled this matter for a jurisdictional hearing on October 5, 2004, on the morning agenda, as recommended by the Planning Director

45.   ACCEPTED low bid of Conley General Engineering, Incorporated in the amount of $52,675 for the Two Bar Road Culvert Repair project; authorized the award of the contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

46.   ACCEPTED AND FILED report and made a determination to continue the state of local emergency on East Cliff Drive from 33rd Avenue to 36th Avenue, as recommended by the Director of Public Works

47.   DELAYED final action on the termination of the bulk water agreement between the County of Santa Cruz and Soquel Creek Water District until October 19, 2004, as recommended by the Director of Public Works

48.   ADOPTED RESOLUTION NO. 296-2004 for right-of-way acquisition for the Sixteenth Avenue Drainage Improvement project; authorized the Director of Public Works to sign the agreements on behalf of the County; made findings that the improvements are of benefit to the project; approved payment of claims; and approved related action, as recommended by the Director of Public Works

49.   CONTINUED TO SEPTEMBER 21, 2004 consideration to approve plan line for Kinsley Street from Seventeenth Avenue to Lisa Lane, and for Chanticleer Avenue from Kinsley Street to Brommer Street

50.   AUTHORIZED a prior year payment for beach patrol and litter cleanup for County Service Area (CSA) No. 3, Aptos Seascape, in the amount of $1,502.34, as recommended by the Director of Public Works

51.   APPROVED implementation of bilingual informational sign policy for new and replacement of signs maintained by Public Works, effective September 14, 2004, as recommended by the Director of Public Works

52.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM MAINTENANCE DISTRICT, AUTHORIZED payment of the Capitola Pump Company's invoice in the amount of $1,920.74 for work performed during the 2002/2003 fiscal year, as recommended by the District Engineer

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of acquisitions necessary for drainage improvements on 16th Avenue, as recommended by the Redevelopment Agency Administrator

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.: Alan Johnson v. County of Santa Cruz and Kathryn Canlis Federal District Court of Northern California Case No. C 02 0441 JW

Case Name/No.: Aaron Copeland v. County of Santa Cruz, Case No.

Workers Compensation Appeals Board SJO 245331

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation was considered pursuant to subdivision (b) of Government Code Section 54956.9 for two potential cases

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 LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units and Unrepresented Employees

REPORT OF COUNTY COUNSEL - In the case of Alan Johnson v. County of Santa Cruz and Kathryn Canlis Federal District Court of Northern California Case No. C 02 0441 JW, the Board, by unanimous vote, approved a settlement of this matter in an amount not to exceed $700,000 payable to Alan Johnson and his Attorney, Steven Fink;

In a second matter, the Board, by unanimous vote, agreed to initiate litigation and once that litigation is initiated County Counsel will be able to answer any questions from the public about the case name and parties
BPCSW

REGULAR AGENDA

55.   Public hearing held regarding the use of tax increments by the Capitola Redevelopment Agency for the construction of the Capitola Library, a publicly owned building;

(1) closed public hearing; and

(2) approved Section 2 B (2) of the Summary Report which sets forth the facts supporting a determination that the County of Santa Cruz has no reasonable means of financing the proposed Capitola Branch Library
PBCSW

56.   Public hearing held to consider the Planning Commission recommendation regarding amendments to County Code Chapters 13.10 and 16.42 to provide incentives for the designation and preservation of historic resources, including modifications of parking requirements and site standards such as setbacks and lot coverage;

(1) closed public hearing;

(2) ADOPTED RESOLUTION NO. 297-2004 regarding Proposed Amendments to Sections 13.10.265 and 13.10.551 of the Local Coastal Program Implementation Plan to Provide Relaxed Site Standards for Designated Historic Resources Relative to Parking and Non-Conforming Structure Setback Requirements;

(3) ADOPTED ORDINANCE NO. 4771 Amending Sections 13.10.265, 13.10.551, and 16.42.090 of the County Code to Provide Relaxed Site Standards for Designated Historic Resources Relative to Parking and Non-Conforming Structure Setback Requirements and to allow Greater Floor Area Ratio and Lot Coverage for Designated Historic Resources;

(4) Certified the environmental exemption; and

(5) directed the Planning Department to submit the amendments to Chapter 13.10 to the California Coastal Commission as a part of the next round of Local Coastal Program amendments
PBCSW

57.   Public hearing held to consider Planning Commission recommendation on proposed changes to streamline the park site review process, including allowing the Parks Director discretion in referring projects to the Parks Commission for review, providing notice to purchasers of property adjoining a designated park site, and updating of existing outdated language;

(1) closed public hearing; and

(2) continued matter to September 28, 2004
PBCSW

58.   CONSIDERED report on proposed discharge of treated sewage to the Pajaro River by the Cities of Gilroy and Morgan Hill; with directions to staff to return on September 21, 2004, in closed session, to discuss the issue of an appeal of the decision by the State Water Resources Control Board; and a report on September 28, 2004, in open session, on (1) whether other agencies are opposed to the discharge; (2) whether the conditions are adequate to assure that discharges do not increase the risk of flooding downstream; (3) whether it would be possible for the discharger to create additional percolation ponds rather than accepting this plan; (4) whether the conditions should restrict the number of discharges that occur each year; (5) whether the conditions as a whole are adequate protection for the County; (6) what kind of monitoring will occur and whether we will receive testing results; (7) staff should provide a list of issues raised by the County and responses provided by the Regional Board and our evaluation of those responses; and (8) what the procedures will be when discharges are necessary and flows are at peek flood levels
BCPSW

59.   CONSIDERED options and report on the consolidation of County Elective Offices;

(1) continued consideration of options for the reorganization of the elective fiscal offices to September 21, 2004; and

(2) ADOPTED RESOLUTION NO. 298-2004 extending appointment of Gail Pellerin as Acting County Clerk through September 21, 2004
CPBSW

60.   APPROVED appointment of Barbara E. Hanson to the Long Term Care Interagency Commission, as an at-large representative over 55 years of age in accordance with County Code Section 2.116.030, for a term to expire April 1, 2006
PCBSW

61.   APPROVED appointment of Gregory W. Carter to the Workforce Investment Board, as an at-large representative of business, in accordance with County Code Section 2.110.020, for a term to expire June 30, 2008
PCBSW

WRITTEN CORRESPONDENCE LISTING: The Written Correspondence Listing is established to act as a report of materials received by the Board as a whole but may also include items requested for inclusion by individual Supervisors. Upon completion of any actions deemed necessary (i.e. acknowledgment, referral, etc.), these items are included in the Written Correspondence Listing under the appropriate heading. While these items are not part of the official record of meetings of the Board of Supervisors, they will be maintained by the Clerk of the Board for a period of two years, after which time they may be destroyed after the County's Historic Resources Commission has been provided an opportunity for review.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS