Santa Cruz County Board of Supervisors Minutes: 12/14/2004

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2004, NUMBER 37
Tuesday, December 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.		Addition to the Closed Session Agenda: Item No. 57: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Case Name/No.: UACC Midwest, Incorporated and United Cable Television of Santa Cruz, Incorporated v. City of Santa Cruz, County of Santa Cruz Northern District Federal Court NO. C-84-7546 SI Late Addition to the Closed Session Agenda: Item No. 57: It is requested that the Board of Supervisors determine by four-fifths vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Unlimited Scales of America, Incorporated v. County of Santa Cruz, et. al. Santa Cruz Superior Court Case No. CV 149876 There is need to take immediate action as this settlement offer is a limited time offer and the Board does not meet in regular session again until January 4, 2005 Additions to the Consent Agenda: Item No. 56.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six 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 December 2, 2004 through December 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.   REJECTED the claim of Jeffery C. Blan, No. 405-059, and referred to County Counsel

11.   REJECTED the claim of David R. Smith, No. 405-060, and referred to County Counsel

12.   REJECTED the claim of S. N. Potter Insurance Agency, No. 405-061, and referred to County Counsel

13.   REJECTED the claim of Vincent Marquez, Sr., No. 405-062, and referred to County Counsel

14.   REJECTED the claim of Jeremiah Och, No. 405-064, and referred to County Counsel

15.   REJECTED the claim of Allstate Insurance (Michael Dicker and Samuel Dicker), No. 405-066, and referred to County Counsel

16.   REJECTED the claim of Sylvia Gallegos, No. 405-067, and referred to County Counsel

17.   REJECTED the claim of Antonio Aguirre, No. 405-068, and referred to County Counsel

18.   REJECTED the claim of Deborah Rozman and State Farm Insurance, No. 405-069, and referred to County Counsel

19.   DELETED ITEM

20.   APPROVED settlement in Mar Sereno Estates, LLC v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV 149647 and authorized staff to take all actions necessary to comply with the terms of this agreement, as recommended by County Counsel

21.   APPROVED contract and Operational Agreement with the California Department of Forestry for fire protection services in fiscal year 2004/2005 in the amount of $2,688,571; adopted RESOLUTION NO. 389-2004 certifying Board's approval of agreement with the California Department of Forestry and Fire Protection; and approved related actions, as recommended by the Emergency Services Administrator

22.   ACCEPTED AND FILED report on the Emergency Response Fee Annual Reporting requirements and directed the Emergency Services Administrator to provide further information on April 5, 2005, as recommended by the Emergency Services Administrator

23.   ACCEPTED AND FILED status report on Deferred Compensation contract procurement process and directed the Commission to return on January 25, 2005 with a recommended contract, as recommended by the Chair of the Deferred Compensation Advisory Commission

24.   ACCEPTED AND FILED report on the California Public Utilities Commission (CPUC) draft Global Warming Policy and requested the Chair write the CPUC urging their adoption of the policy, as recommended by the Director of General Services

25.   DEFERRED consideration of report from General Services on the expansion of the County Employee Vanpool program until February 8, 2005, as recommended by the Director of General Services

26.   AWARDED contract to Andy's Roofing Company, Incorporated in the amount of $165,100 for the Main Jail Roof Repair project; authorized the General Services Director to notify the contractor and sign the contract agreement and associated documents; authorized the General Services Director to approve change orders and encumber $16,510 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

27.   APPROVED lease agreements with the California Assembly Rules Committee and the California Senate Rules Committee for legislative office space in the County Government Center and approved related actions, as recommended by the Director of General Services

28.   AS THE IN-HOME SUPPORTIVE SERVICES (IHSS) PUBLIC AUTHORITY, APPROVED the Memorandum of Understanding (MOU) between SEIU Local 415 and the IHSS Public Authority; adopted RESOLUTION NO. 390-2004 to implement provisions of the MOU; and authorized the Personnel Director to sign the MOU, as recommended by the Personnel Director

29.   ADOPTED RESOLUTION NO. 391-2004 accepting and appropriating unanticipated revenue in the amount of $50,000 from the Robert Wood Johnson Foundation for treatment improvement activities under Reclaiming Futures Initiative, as recommended by the Chief Probation Officer

30.   SEE ITEM NO. 62.1 REGULAR AGENDA

31.   AUTHORIZED the Probation Department to submit a proposal to the California Endowment for health and mental health services for youth in the criminal justice system, as recommended by the Chief Probation Officer

32.   APPROVED grant application and award of document for the Residential Substance Abuse Treatment Program; authorized the Sheriff-Coroner to enter into and sign a contract with the Pajaro Valley Prevention and Student Assistance, Incorporated in the amount of $206,051; and adopted RESOLUTION NO. 392-2004 canceling the estimated revenues and appropriations in the amount of $88,307, as recommended by the Sheriff-Coroner

33.   ACCEPTED AND FILED Treasurer's monthly Cash Report and Transaction Report for the period ending November 30, 2004, as recommended by the Acting Treasurer-Tax Collector

34.   APPROVED appointment of Rogers Johnson to the Fish and Game Advisory Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

35.   APPROVED appointment of Ronald Myers to the Mental Health Advisory Board, in the category of consumer/direct, for a term to expire April 1, 2007, as recommended by Supervisor Campos

36.   APPROVED appointment of Leonard G. Rorer to the Mental Health Advisory Board, as a representative of the general public, for a term to expire April 1, 2005, as recommended by Supervisor Stone

37.   ADOPTED RESOLUTION NO. 393-2004 supporting implementation of the Marine Life Protection Act, as recommended by Supervisor Wormhoudt

38.   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

39.   ACCEPTED AND FILED report on the need to continue the state of local emergency resulting from the shortage of influenza vaccine, as recommended by the Health Services Agency Director

40.   ACCEPTED AND FILED report on Medicare Physician Fee Schedule and directed the Health Services Agency to return with a further report on February 15, 2005, as recommended by the Health Services Agency Director

41.   ADOPTED RESOLUTION NO. 394-2004 accepting and appropriating $151,626 of unanticipated revenue from the Ambulance Excess Revenue Trust Fund into the Health Services Agency budget; approved agreement with the Emergency Medical Services Integration Authority in the amount of $50,000 to provide Emergency Medical Technician Training for Santa Cruz County basic life support fire agencies and authorized the Health Services Agency Director to sign; authorized purchase of fixed assets for EMS systems enhancements; and authorized the Auditor-Controller to encumber $36,126 for the agreement with American Medical Response West in Public Health, as recommended by the Health Services Agency Director

42.   ADOPTED RESOLUTION NO. 395-2004 accepting and appropriating $953,200 in unanticipated revenues; approved amendments to the agreements with Front Street, increasing the maximum amount by $340,900, Santa Cruz Community Counseling Center, increasing the maximum amount by $433,000, Volunteer Center, increasing the maximum amount by $115,300; and Mental Health Client Action Network, increasing the maximum amount by $20,000; authorized the Health Services Agency Director to sign; and directed the Health Services Agency to return on January 25, 2005 with a report on Proposition 63 planning and initial service allocation information, as recommended by the Health Services Agency Director

43.   APPROVED agreement with BDK Associates in the amount of $30,000 for Federally Qualified Health Center (FQHC) rate adjustment assistance and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

44.   ADOPTED RESOLUTION NO. 396-2004 accepting and appropriating unanticipated revenue in the amount of $3,376 for fiscal year 2004/2005; and authorized the Human Resources Agency Director to execute contracts for fiscal year 2004/2005 with the United Way of Santa Cruz County in the amount of $28,619 and with Community Bridges in the amount of $14,130, as recommended by the Human Resources Agency Director

45.   ADOPTED RESOLUTION NO. 397-2004 accepting and appropriating $137,593 in unanticipated revenue from the State of California Employment Development Department and San Francisco Foundation and authorized the Human Resources Agency Director to sign relevant grant agreements; authorized the Human Resources Agency Director to modify the current agreement with Cabrillo College to increase the total contract amount by $89,588; directed the Personnel Director to add a limited-term Senior Human Resources Agency Analyst position; and approved related actions, as recommended by the Human Resources Agency Director

46.   APPROVED increase of a .5 FTE Employment Training Specialist II position to 1.0 FTE Employment Training Specialist II, as recommended by the Human Resources Agency Director

47.   ADOPTED RESOLUTION NO. 398-2004 appointing Francie Newfield as the Acting Public Guardian of Santa Cruz County

48.   AUTHORIZED the Planning Director to file an appeal of the Lompico timber harvest plan (1-01-170 SCR) during the holiday recess, should this action be necessary due to the timing of the Department of Forestry review process, as recommended by the Planning Director

49.   ADOPTED RESOLUTION NO. 399-2004 for the summary vacation of the County's interest in a portion of Stewart Street, in the Riverside Grove subdivision; and directed the Clerk of the Board to take related action, as recommended by the Planning Director

50.   SCHEDULED a public hearing on Tuesday, January 11, 2005 on the morning agenda, at 9:00 a.m. or thereafter to consider adoption of the Housing Element of the General Plan and directed the Clerk of the Board to take related action, as recommended by the Planning Director

51.   APPROVED amendment to agreement with Philip Transportation and Remediation, Incorporated amending the price sheet to provide new transportation, recycling and disposal services for the County's Household Hazardous Waste Collection Program, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

52.   ACCEPTED AND FILED report on the Integrated Watershed Restoration Program, and directed the Department of Public Works to return to the Board on May 3, 2005, with a progress report on the project list and amended contract, as recommended by the Director of Public Works

53.   ACCEPTED AND FILED report on the state right-of-way relinquishment at Harkins Slough Road Bridge, and directed Public Works to return on or before June 14, 2005 upon authorization and completion of the relinquishment, as recommended by the Director of Public Works

54.   APPROVED Contract Change Order Nos. 4, 6, 7, 10 and 11 in the increased amount of $117,431.77 for the El Rancho Drive Storm Damage Repair at Highway 17 Beulah Park Undercrossing project; authorized the Chairperson of the Board to sign the contract change orders on behalf of the County; and approved related action, as recommended by the Director of Public Works

55.   ACCEPTED site improvements for Tract 1409 Atherton Place (Phase 1) as completed, and approved related actions, as recommended by the Director of Public Works

56.   APPROVED agreement with Thacher and Thompson Architects in the amount of $18,000 for Phase One Design Services for the Santa Cruz Veteran's Memorial Building Auditorium Restoration project; authorized the Parks Director to sign the agreement on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

56.1.   ADOPTED RESOLUTION NO. 400-2004 supporting the Soap Lake Floodplain Preservation Project, as recommended by Supervisor Campos

57.   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.: Rene Medina v. Santa Cruz County, et al.

Santa Cruz County Superior Court Case No. CV 150377

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.: UACC Midwest, Incorporated and United Cable Television of Santa Cruz, Incorporated v. City of Santa Cruz, County of Santa Cruz

Northern District Federal Court No. C-84-7546 SI

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

The Board of Supervisors determined by four-fifths vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.: Unlimited Scales of America, Incorporated v. County of Santa Cruz, et. al.

Santa Cruz Superior Court Case No. CV 149876

There is need to take immediate action as this settlement offer is a limited time offer and the Board does not meet in regular session again until January 4, 2005

(BPCSW)

REPORT OF COUNTY COUNSEL - In Claim No. 304-054 of Meyer Marx, for reimbursement of medical costs and damages for personal injury, the Board of Supervisors unanimously authorized settlement of Mr. Marx's claim against the County in the amount of $20,000;

In the action against the County by Unlimited Scales of America, Santa Cruz County Superior Court Case No. CV 149876, the Board of Supervisors unanimously authorized settlement of this claim in the amount of $16,463
(1) BPCSW
(2) BPCSW

REGULAR AGENDA

58.   Presentation honoring Bob Watson, General Services Director

59.   Public hearing held to consider revising the approval process for two-story second units within the urban services line;

(1) conducted public hearing on the proposed ordinance amendment;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 401-2004 adopting the proposed ordinance amending County Code Subsection 13.10.681(d)(4) to change the approval process for two-story second units within the urban services line from a variance approval to a Level V development permit approval;

(4) ADOPTED ORDINANCE NO. 4779 amending County Code subsection 13.10.681(d)(4) to change the approval process for two-story second units within the urban services line from a variance approval to a Level V development permit approval;

(5) certified the CEQA Exemption;

(6) and directed the Planning Department to transmit the amendments to the California Coastal Commission for their final certification as a Local Coastal Program (LCP) Implementation Plan amendment
BPCSW

60.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, public hearing held regarding the formation of Zone Number 7A;

(1) accepted and filed the Engineer's Report on the formation of Zone No. 7A of the Santa Cruz County Flood Control and Water Conservation District;

(2) opened public hearing on the formation of Zone No. 7A;

(3) closed public hearing;

(4) ADOPTED RESOLUTION NO. 402-2004 Establishing Zone No. 7A of the Santa Cruz County Flood Control and Water Conservation District in accordance with provisions of Act 7390 of the California Water Code (uncodified);

(5) approved formation of Zone No. 7A of the Santa Cruz County Flood Control and Water Conservation District;

(6) directed the Clerk of the Board to file a statement setting forth the legal description of Zone No. 7A with a plate or map showing said boundaries with the County of Santa Cruz Assessor and with the State Board of Equalization in Sacramento;

(7) directed Public Works to return on or before February 15, 2005, with a resolution establishing rules and regulations for the operation of the Board of Directors of the Santa Cruz County Flood Control and Water Conservation District - Zone No. 7A;

(8) with additional direction to add Bowker Road/La Casa Court, Freedom Boulevard area, to the list of drainage improvements
PCBSW

61.   Continued public hearing to consider the 2005 Growth Goal;

(1) conducted public hearing on the setting of the Year 2005 Growth Goal;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 403-2004 Adopting Annual Population Growth Goals for 2005; with the following changes: (a) on agenda packet page 602, under No. 3, leave the first bullet, amend second bullet to say: "allocation of urban and rural permits without regard to project size or affordability"; (b) delete the following two bullets; (c) on agenda packet page 603, Exhibit 1-A, delete the two columns for urban permit allocation distribution for 2005;

(4) certified the CEQA Notice of Exemption;

(5) directed staff to return on August 2005 with a status report on the distribution of permits
CPBSW

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONSIDERED proposed Implementation Plan for the Live Oak/Soquel Project Area;

(1) held a public hearing on the proposed Implementation Plan for the Live Oak/Soquel Project Area;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 404-2004 Adopting the Third Implementation Plan for the Live Oak/Soquel Project Area; with the following changes:

(a) on page 12, IV. Goals and Objectives, add bullet VI that says: "assisting and funding a planning study for the coastal areas of Live Oak;

(b) on page 14, Goal #5, Objective iii, add language to read: "ensure that public facilities are developed to accommodate and encourage use by all sectors of the community including those for human services.";

(c) on page 18, under Public Recreation and Cultural Facilities, at the end of the first paragraph, add language "including those for human services.";

(d) on page 18, Community Planning and Design, at the end of the paragraph, add language, "assisting and funding of planning study for the coastal areas of Live Oak.";

(e) under page 19, Business Assistance, add a bullet that reads: "recognize an important part of the project areas' economic activity is supported by tourist visits to the regions coastal resources."
BPCSW

62.1.   ACCEPTED AND FILED evaluation report and approved agreement with Above the Line/Group Home Society and directed the Probation, Human Resources Agency and Health Services Agency departments to return on April 26, 2005, with a further report; with an additional direction to add a paragraph in the grant document regarding the County's contribution of $75,000 and protection of the County's property in the event of an early termination and return to the Board at a future consent agenda
BPCSW

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS