Santa Cruz County Board of Supervisors Minutes: 8/23/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 23
Tuesday, August 23, 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.		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 - no one addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 9, 2005, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 11, 2005 through August 17, 2005 and approved upon adoption of the 2005-2006 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 David R. Smith, No. 506-008, and referred to County Counsel

11.   REJECTED the claim of Lawrence Figur, No. 506-006 as insufficiently filed, and referred to County Counsel

12.   INSTRUCTED the Auditor to issue a replacement warrant in the amount of $485.52 to replace an uncashed and stale-dated warrant, as recommended by the Auditor-Controller

13.   ACCEPTED AND FILED review of internal controls in the Treasurer-Tax Collector's office and requested that management in that office implement the recommendations provided, as recommended by the Auditor-Controller

14.   ADOPTED RESOLUTION NO. 263-2005 fixing and levying the 2005-2006 tax rates, pursuant to the State Constitution, as recommended by the Auditor-Controller

15.   SCHEDULED a public hearing on Tuesday, September 27, 2005, on the morning agenda at 9:00 a.m. or thereafter to consider allocation of State Supplemental Law Enforcement Funds (SLESF), as recommended by the County Administrative Officer

16.   DEFERRED report on ramifications of separating from the Association of Monterey Area Governments (AMBAG) to October 4, 2005, as recommended by the County Administrative Officer

17.   ACCEPTED AND FILED report on autonomy activities of the Santa Cruz County Regional Transportation Commission, directed the County Administrative Officer to return on December 13, 2005, with a further status report, and approved related actions, as recommended by the County Administrative Officer

18.   APPROVED distribution of the Request for Proposal to voting system vendors, as recommended by the County Clerk

19.   ADOPTED RESOLUTION NO. 264-2005 amending Conflict of Interest Codes for various agencies, as recommended by the County Clerk

20.   ACCEPTED recommendation of the Mobilehome Commission that the reasonable rate of return for qualified mobilehome park capital improvements remain at twelve percent, as recommended by County Counsel

21.   ACCEPTED the Emeline Avenue Storm Drain Replacement project as completed; approved additional costs associated with a contract change order in the amount of $5,950; authorized the Director of General Services to sign the change order; approved final cost in the amount of $131,350; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

22.   ACCEPTED the Juvenile Hall Floor and Ceiling Replacement project as completed; approved final cost in the amount of $117,283; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

23.   APPROVED amendments extending the contract agreements with Koch, Chun, Knoblock and Associates, Incorporated and Remediation Risk Management, Incorporated, as recommended by the Director of General Services

24.   ACCEPTED AND FILED Final Report on 2005 Layoffs, as recommended by the Personnel Director

25.   APPROVED agreements with Community Action Board of Santa Cruz County for an amount not-to-exceed $76,500 and Friends Outside/Getting Out, Staying Out for an amount not-to-exceed $40,000 for fiscal year 2005-2006, and authorized the Chief Probation Officer to sign agreements on behalf of the County, as recommended by the Chief Probation Officer

26.   APPROVED contract with Jerry Tello for an amount not-to-exceed $17,500 for training and technical assistance associated with the "Reclaiming Futures" program and authorized the Chief Probation Officer to sign the agreement on behalf of the County, as recommended by the Chief Probation Officer

27.   ACCEPTED AND FILED progress report on Above The Line residential progress, and directed the Probation Department, the Human Resources Agency, and the Health Services Agency to return on February 28, 2006 for the second semi-annual report, as recommended by the Chief Probation Officer, Human Resources Agency and Health Services Agency Directors

28.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending July 31, 2005, as recommended by the Treasurer-Tax Collector

29.   ACCEPTED nomination of Katherine Sweet and Laurie Howard to serve on the subcommittee of the County Public Health Commission to advise the Board on genetically modified crops, as recommended by Supervisor Beautz

30.   ACCEPTED nomination of Ken Kimes and Steve Bontadelli to serve on the subcommittee of the County Public Health Commission to advise the Board on genetically modified crops, as recommended by Supervisor Pirie

31.   ACCEPTED nomination of Lisa J. Bunin and Philip H. Howard to serve on the subcommittee of the County Public Health Commission to advise the Board on genetically modified crops, as recommended by Supervisor Wormhoudt

32.   ACCEPTED nomination of Wesley Van Camp and Arty Mangan to serve on the subcommittee of the County Public Health Commission to advise the Board on genetically modified crops, as recommended by Supervisor Stone

33.   ACCEPTED nomination of Richard W. Nutter and Thomas A. Rider to serve on the subcommittee of the County Public Health Commission to advise the Board on genetically modified crops, as recommended by Supervisor Campos

34.   APPROVED appointment of Ray Belgard to the Pajaro Valley Cemetery District Board of Trustees for a term to expire December 31, 2005, as recommended by Supervisor Campos

35.   ADOPTED RESOLUTION NO. 265-2005 supporting the passage of Senate Bill 1; adopted RESOLUTION NO. 266-2005 supporting the passage of Senate Bill 107; adopted RESOLUTION NO. 267-2005 supporting the passage of Senate Bill 975; adopted RESOLUTION NO. 268-2005 supporting the passage of Assembly Bill 315; adopted RESOLUTION NO. 269-2005 supporting the passage of Assembly Bill 1585; and adopted RESOLUTION NO. 270-2005 supporting the passage of Assembly Bill 1660, relating to energy issues, as requested by the County Energy Commission and recommended by Chairman Campos

36.   APPROVED appointment of Colleen Baxter to the Fire Department Advisory Commission, as an at-large representative of the fire labor organization, as recommended by Chairman Campos

37.   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

38.   AUTHORIZED the Auditor-Controller to make advance payments for the months of September, October, and November 2005 for contracts in the following amounts: Santa Cruz Community Counseling Center, $502,091.33; Volunteer Centers of Santa Cruz, $52,491.66; and Front Street, $282,453, as recommended by the Health Services Agency Director

39.   AUTHORIZED the Chair of the Board of Supervisors to send a letter to the Centers for Medicare and Medicaid Services supporting a revision to the physician payment locality for Santa Cruz County, which would increase the rates of reimbursement to local physicians for Medicare Services, and directed Health Services Agency staff to return on November 8, 2005 with a report on CMS' action, as recommended by the Health Services Agency Director

40.   ADOPTED RESOLUTION NO. 271-2005 accepting and appropriating $340,000 in unanticipated Federally Qualified Health Center revenue into the Health Services Agency budget; approved amendment to the agreement with the Oregon Community Health Information Network, in the amount of $1,000,000 toward implementation of an electronic medical records system and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency and Information Services Directors

41.   AUTHORIZED the Human Resources Agency Director to sign the contract amendment with McWilliams Mailliard Technology Group, Incorporated to increase the fiscal year 2005-06 costs for an amount not-to-exceed $12,100 for services related to Adult Protective Services' Client tracking system, as recommended by the Human Resources Agency Director

42.   CONTINUED TO SEPTEMBER 13, 2005 consideration to approve an agreement in the amount of $82,000 between the Human Resources Agency and Santa Cruz Ventures to conduct an Earned Income Tax Credit bilingual outreach program on a county-wide bases; and take related actions

43.   AUTHORIZED the Human Resources Agency Director to sign an agreement with Case Management Incorporated, Linda D. Johnson PHN in an amount not-to-exceed $25,000 to provide special expertise and program direction and monitoring services to the Multipurpose Senior Services Program (MSSP), as recommended by the Human Resources Agency Director

44.   DEFERRED consideration of report on design issues in coastal neighborhoods to September 27, 2005, as recommended by the Planning Director

45.   SCHEDULED a public hearing on Tuesday, September 20, 2005, on the morning agenda at 9:00 a.m. or thereafter to consider the recommendation of the Historic Resources Commission to remove 226 Highland Drive, Rio Del Mar, from the Historic Resources Inventory, as recommended by the Planning Director

46.   SCHEDULED a public hearing on Tuesday, September 27, 2005, on the morning agenda, at 9:00 a.m. or thereafter to consider the 2006 Growth Goal, as recommended by the Planning Director

47.   APPROVED Disadvantaged Business Enterprise Annual Overall Goal Information for 2005/2006, and directed Public Works to file the approved information with the California Department of Transportation, as recommended by the Director of Public Works

48.   ACCEPTED AND FILED report on the proposed Phase 2 of the Davenport Underground Utility District; with an additional direction the County Administrative Officer include in the Public Works report back, on or before October 18, 2005, possible funding sources for Phase 2

49.   APPROVED independent contractor agreement with the California Grey Bears to provide the office paper collection services for specified County facilities, in a not-to-exceed amount of $10,000 annually for four years; authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

50.   APPROVED contract change order in the amount of $31,432 for the Harkins Slough Road Bridge at West Branch of Struve Slough project; authorized the Chairperson of the Board to sign the change order on behalf of the County; and approved related action, as recommended by the Director of Public Works

51.   ADOPTED RESOLUTION NO. 272-2005 accepting and appropriating unanticipated revenue in the amount of $19,946 for engineering services in the Department of Public Works; adopted RESOLUTION NO. 273-2005 accepting and appropriating unanticipated revenue in the amount of $2,090 for engineering services in the Department of Public Works; approved amendment to agreement with LandPeople to revise scope of work, by increasing the contract by $33,000 for a not-to-exceed amount of $138,685, revising the labor rates and fee schedule, and extending the term of the contract to June 30, 2006; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

52.   APPROVED amendment to agreement with Ecology Action of Santa Cruz in the not-to-exceed amount of $40,500 for used motor oil recycling and public awareness 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

53.   APPROVED revised Notice of Completion for the Installation of Gasoline Enhanced Vapor Recovery Systems and Diesel Spill Buckets at the Felton, Brommer and Lode Street County Facilities project, as recommended by the Director of Public Works

54.   AUTHORIZED the Department of Parks, Open Space and Cultural Services to solicit and evaluate prospective consultants for the next phase in the implementation of the Felt Street Park Master Plan and return on or before November 15, 2005, with a design contract for approval; directed the Department of Parks, Open Space and Cultural Services to return on or before October 4, 2005 with the Request for Qualification packages for design services for the implementation of the Moran Lake Master Plan, improvements to Brommer Park and the Simpkins Family Swim Center, as recommended by the Director of Parks, Open Space and Cultural Services

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.: Rio Highlands LLC v. County of Santa Cruz

Santa Cruz Superior Court Case No. CV 140518

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee Organizations: All Bargaining Units

IHSS Public Authority Negotiator: Director of Personnel

Employee Organization: IHSS Public Authority Employees

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

56.   Public hearing held to consider Application Number 04-0209 (Powers Land Planning, Incorporated for Pajaro Dunes North Association), a proposal to Amend PUD 3445-U and 82-355 to construct a real estate office at Pajaro Dunes North; closed public hearing;

(1) certified that the project is exempt from further Environmental Review under the California Environmental Quality Act (Attachment 4);

(2) ADOPTED ORDINANCE NO. 4804 to Amend Planned Unit Development (PUD) 3445-U and 82-355 PUD to construct a real estate office at Pajaro Dunes North (Attachment 1); and

(3) approved Application 04-0209 based on findings and conditions included in Attachment 2 and 3
PWBSC

57.   ACCEPTED AND FILED report from American Medical Response (AMR) on emergency ambulance transport services for the period of September 1, 2003 through August 31, 2004
WPBSC

58.   CONSIDERED Ordinance amending Chapter 2.110 of the Santa Cruz County Code relating to the Workforce Investment Board;

approved "in concept" ordinance amending Chapter 2.110 of the Santa Cruz County Code to return on September 13, 2005 for final adoption
WPBSC

59.   APPROVED appointment of Edward K. Banks to the Hazardous Materials Advisory Commission, as an at-large member representing fire protection, in accordance with County Code Section 2.92.030, for a term to expire April 1, 2009
WPBSC

60.   APPROVED re-appointment of Jack Baskin to the Housing Authority Board of Commissioners, as an at-large representative, in accordance with Resolution No. 389-69, for a term to expire August 23, 2009
PWBSC

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS