Santa Cruz County Board of Supervisors Minutes: 9/21/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 26
Tuesday, September 21, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
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.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 9, 2004 through September 15, 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 claim of Unlimited Scales of America, doing business as (dba), Scales Unlimited, No. 405-016, and referred to County Counsel

11.   ACCEPTED AND FILED report on audit of the Santa Cruz County Vehicle Abatement Authority, as recommended by the Auditor-Controller

12.   APPROVED appointment of Mary Jo Walker as the Auditor-Controller Office Member of the Deferred Compensation Advisory Commission, as recommended by the Auditor-Controller

13.   SEE ITEM NO. 44.1 REGULAR AGENDA

14.   APPROVED an increase of $1,272 in The Long Beach Genetics contract and authorized the payment of $1,272 for parentage testing invoice for June 2004, as recommended by the Director of Child Support Services

15.   ADOPTED RESOLUTION NO. 299-2004 Appointing Members In Lieu of Election to the Board of Directors of the Aromas Tri-County Fire Protection District; adopted RESOLUTION NO. 300-2004 Appointing Members In Lieu of Election to the Board of Directors of the Ben Lomond Fire Protection District; adopted RESOLUTION NO. 301-2004 Appointing Members In Lieu of Election to the Board of Directors of the Boulder Creek Fire Protection District; adopted RESOLUTION NO. 302-2004 Appointing Members In Lieu of Election to the Board of Directors of the Branciforte Fire Protection District; adopted RESOLUTION NO. 303-2004 Appointing Members In Lieu of Election to the Board of Directors of the Central Fire Protection District; adopted RESOLUTION NO. 304-2004 Appointing Members In Lieu of Election to the Board of Directors of the Felton Fire Protection District; adopted RESOLUTION NO. 305-2004 Appointing Members In Lieu of Election to the Board of Directors of the Scotts Valley Fire Protection District; adopted RESOLUTION NO. 306-2004 Appointing Members in Lieu of Election to the Board of the Directors of the Zayante Fire Protection District; adopted RESOLUTION NO. 307-2004 Appointing Members In Lieu of Election to the Board of Directors of the Central Water District; adopted RESOLUTION NO. 308-2004 Appointing Members In Lieu of Election to the Board of Directors of the Lompico County Water District; adopted RESOLUTION NO. 309-2004 Appointing Members In Lieu of Election to the Board of Directors of the Scotts Valley Water District; adopted RESOLUTION NO. 310-2004 Appointing Members in Lieu of Election to the Board of Directors of the Soquel Creek Water District; adopted RESOLUTION NO. 311-2004 Appointing Members In Lieu of Election to the Board of Directors of the Pajaro Valley Water Management District, Division B and Division D; adopted RESOLUTION NO. 312-2004 Appointing Members In Lieu of Election to the Board of the Directors of the La Selva Beach Recreation District; accepted 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, as recommended by the Acting County Clerk

16.   SEE ITEM NO. 44.2 REGULAR AGENDA

17.   CONTINUED TO OCTOBER 5, 2004 consideration to adopt resolution authorizing the District Attorney to reapply to the State Department of Insurance to use $114,831 of funding in fiscal year 2004/2005 for the Auto Insurance Fraud program

18.   ACCEPTED report on the expansion of the Employee Vanpool Program and directed the General Services Department to return on December 14, 2004 with a program recommendation for further expansion of the employee vanpool that includes costs recovery options, as recommended by the Director of General Services

19.   DECLARED used County vehicles/compressor to be surplus to County needs and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

20.   DIRECTED the General Services Department to re-advertise for bids for the Main Jail Booking Area Floor Replacement project and set the bid opening for 3:00 p.m. on October 20, 2004 in the General Services Department, as recommended by the Director of General Services

21.   AWARDED contract to Bustichi Construction in the amount of $14,140 for the 1975 Chanticleer Roof Replacement project; authorized the Redevelopment Agency Administrator to notify the contractor and sign the contract agreement and associated documents; authorized the Redevelopment Agency Administrator to approve change orders and encumber $1,414 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

22.   AUTHORIZED the Personnel Director to accept the Life, Vision, and Dental Insurance Renewals with ING, VSP, and PMI through December 31, 2005, as recommended by the Personnel Director

23.   APPROVED annual certification of financial responsibility for underground storage tanks containing petroleum and authorized the County Administrative Officer to sign the Certification, as recommended by the Personnel Director

24.   APPROVED lease agreement for the period of September 1, 2004 through August 31, 2009 for Probation Department's and Superior Court's office space at 303 Water Street, Santa Cruz; and authorized the Chief Probation Officer to sign lease agreement on behalf of the County, as recommended by the Chief Probation Officer

25.   AUTHORIZED the Sheriff-Coroner to sign the hold harmless agreement with the Santa Cruz Metropolitan Transit District for a Special Weapons and Tactics Team training to be held on November 18, 2004, as recommended by the Sheriff-Coroner

26.   CONTINUED TO SEPTEMBER 28, 2004 Inmate Welfare Annual Report for fiscal year 2003/2004

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

28.   ACCEPTED AND FILED report on the cost of residential treatment programs, as recommended by the Health Services Agency Director

29.   ACCEPTED AND FILED report on Jail Medical Services, approved extension of positions until January 25, 2005; and approved related actions, as recommended by the Health Services Agency Director and the Sheriff-Coroner

30.   ACCEPTED AND FILED report on Certification and Reise hearings and conservatorships, as recommended by the Health Services Agency Director

31.   ACCEPTED AND FILED report on advocacy to change the Medicare fee schedule from a rural to County specific designation and approved related actions, with an additional direction that Health Services Agency report back on December 14, 2004 regarding outcomes of the proposed rule making and if the problem is not solved, what are the County's litigation options

32.   ACCEPTED AND FILED report on Hepatitis C Program activities and directed the Health Services Agency to report back on the progress to date on January 25, 2005, when more data is available to provide a comprehensive analysis, as recommended by the Health Services Agency Director

33.   APPROVED Program Supplement for $100,000 in revenue for Amesti Road School Pedestrian Improvements at Green Valley Road; adopted RESOLUTION NO. 313-2004 authorizing execution of an agreement between the State of California and the County of Santa Cruz for construction engineering; and authorized the Director of Public Works to approve related actions, as recommended by the Director of Public Works

34.   APPROVED road closures for the Aptos High School Homecoming Parade and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

35.   APPROVED amendments to agreements with Monica Burke Consulting amending the name to Kestrel Consulting, Incorporated and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

36.   DEFERRED report back on the Abandoned Vehicle Abatement Program to October 19, 2004; approved independent contractor agreements with Bay City Tow and Dogherra's Towing for towing and removal service of abandoned vehicles in the county; and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

37.   APPROVED amendment to agreement with TJKM Transportation Consultants in the amount of $1,500 for a total not-to-exceed amount of $48,944 for traffic engineering services, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

38.   APPROVED plan line for Kinsley Street from Seventeenth Avenue to Lisa Lane, and for Chanticleer Avenue from Kinsley Street to Brommer Street, and directed Public Works to include the plan line in the Master Plan Line file, as recommended by the Director of Public Works

39.   ACCEPTED improvement for the Brommer Street Improvements, Seventh Avenue to Seventeenth Avenue project; approved final cost in the amount of $3,490,736.01; and approved related action, as recommended by the Director of Public Works

40.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED CalHFA Loan Agreement for the Wheelock Housing project, and authorized the Planning Director to approve related actions, as recommended by the Planning Director and Redevelopment Agency Administrator

41.   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.: Gregory Steshenko v. Amy Christey, et al.

Santa Cruz County Superior Court Case No. CV 149292

Case Name/No.: William Vannerus v. County of Santa Cruz, et al.

United States District Court No. C04-03721 HRL

Case Name/No.: Richard Quigley v. Sheriff Mark Tracy, County of Santa Cruz

United States District Court No. C03-05719 RMW

Case Name/No.: Rachel Banuelos, et al. v. Mark Tracy, et al.

United States District Court No. C04-02067 RMW

Case Name/No.: P.A. Wilson, Incorporated v. County of Santa Cruz and Claim of First Commercial, Santa Cruz County Superior Court Case No. CV 149371

Claim Name/No.: Meyer Marx, Claim No. 304-054

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

Employee Organization: Middle Management and Unrepresented Employees

REPORT OF COUNTY COUNSEL - In the claim of Meyer Marx against the County of Santa Cruz Claim No. 304-054, for reimbursement of medical cost and damages for personal injury, the Board, by unanimous vote, agreed to settle this claim with Mr. Marx for $15,000;

In the second matter, the Board took action to appeal, to the State Water Resources Control Board, the permit issued by the Regional Water Quality Control Board to allow South County Regional Waste Water Authority to discharge treated sewage into the Pajaro River
(1) BPCSW
(2) BWpCS

REGULAR AGENDA

42.   Public hearing held on Federal Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant and State Supplemental Law Enforcement Services Funds (SLESF);

(1) conducted public hearing on the proposed use of 2004-05 Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant funds;

(2) conducted public hearing to consider the written requests of the Sheriff-Coroner and District Attorney regarding use of the 2004-05 State Supplemental Law Enforcement Services Funds (SLESF) allocations;

(3) closed public hearings;

(4) adopted RESOLUTION NO. 314-2004 accepting and appropriating prior year unanticipated SLESF revenue in the amount of $44,694 for the Detention Bureau and approve fixed assets as detailed in Attachment 2;

(5) and adopted RESOLUTION NO. 315-2004 canceling $1,023 in 2004-05 SLESF appropriations and revenue for the District Attorney's Office
CBPSW

43.   CONSIDERED report on the Consolidation of Elective Offices;

approved Option 3:

(1) adopted RESOLUTION NO. 316-2004 appointing Gail Pellerin to the Office of County Clerk for the remainder of the term until January 8, 2007;

(2) deleted the position and associated appropriations for the Elections Manager position in Budget Unit 214000;

(3) and directed staff to return to the Board on October 5, 2004 with information and recommendations for commencing a recruitment and selection process for the position of Treasurer-Tax Collector; and include in the report the official title of the County Clerk and whether it will be County Clerk/Elections Department
BCPSW

44.   CONSIDERED Annual Report on Hospital Issues and Access to Care Services and related actions;

(1) accepted and filed report on Hospital Issues and Access to Care Services;

(2) directed the Health Services Agency to report back in September, 2005 on data collected for Access to Care contracts in the year 2004;

(3) with an additional direction to return on November 2, 2004 with a report regarding the Trauma Center
PBCSW

44.1.   CONTINUED TO SEPTEMBER 28, 2004 report on the financial management of the offices of Treasurer-Tax Collector, Recorder, County Clerk and Elections
PBCSW

44.2.   APPROVED grant application for $85,000 in HAVA funds and approved the award agreement between the Secretary of State and the County of Santa Cruz; authorized the Acting County Clerk to sign the agreement on behalf of the County, including any necessary amendments; and adopted RESOLUTION NO. 317-2004 accepting and appropriating unanticipated revenue in the amount of $85,000, as specified in the application, including the purchase of fixed assets; with an additional direction to change language in the Grant application to read Public Service Announcements (PSAs) with an estimated total cost of $2,000, instead of references to hire Lex Van den Berge for Ads
PBCSW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS