Santa Cruz County Board of Supervisors Minutes: 9/13/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 24
Tuesday, September 13, 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.		Chairman Campos Absent
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 - 8 people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 16, 2005 and August 23, 2005, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 18, 2005 through September 7, 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
WB(P)S/C/ Supervisor Pirie abstained on Senior Citizens Legal Service contract because her spouse works there

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.   ADOPTED ORDINANCE NO. 4805 Amending Chapter 2.110 to the Santa Cruz County Code Relative to the Workforce Investment Board

11.   REJECTED the claim of Charles Dunn, No. 405-141A, and referred to County Counsel

12.   REJECTED the claim of Jonathan Sandy, No. 405-141B, and referred to County Counsel

13.   REJECTED the claim of Kathleen Sandy, No. 405-141C, and referred to County Counsel

14.   INSTRUCTED the Auditor to issue replacement warrants in the total amount of $434.97 to replace specified uncashed and stale-dated warrants, as recommended by the Auditor-Controller

15.   SEE ITEM NO. 44 REGULAR AGENDA

16.   ADOPTED RESOLUTION NO. 274-2005 ordering consolidation of elections for the Special Statewide Election on November 8, 2005 for the following jurisdictions: Central Water District, Alba Park, Recreation and Parkway District, Opal Cliffs Recreation District, Depot Hill Geologic Hazard Abatement District, Place de Mer Geologic Hazard Abatement District, Salsipuedes Sanitary District, Santa Cruz City High School District, Santa Cruz City Elementary School District and City of Scotts Valley, as recommended by the County Clerk

17.   APPROVED plans and specifications for the Veterans Memorial Building Re-roof project; directed General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on October 5, 2005 in the General Services Department, as recommended by the General Services Director

18.   DECLARED used County vehicles and miscellaneous Sheriff Department Law Library holdings 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

19.   APPROVED plans and specifications for the Tennis Courts Re-Surface at Highlands County Park project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on October 5, 2005 in the General Services Department, as recommended by the Director of General Services

19.1.   DEFERRED Equal Employment Opportunity (EEO) report and directed the Personnel Department to return on October 18, 2005 with a report on various EEO issues, as recommended by the Personnel Director

20.   APPROVED agreement with BI, Incorporated for an amount not-to-exceed $35,000 for fiscal year 2005-06 for electronic monitoring services and equipment, and authorized the Chief Probation Officer to sign agreement on behalf of the County, as recommended by the Chief Probation Officer

21.   ACCEPTED AND FILED report on GEMMA and report back with a status progress report on January 24, 2006, as recommended by the Chief Probation Officer

22.   ACCEPTED AND FILED response to the Annual Inspection Report for the Juvenile Hall, as recommended by the Chief Probation Officer

23.   APPROVED contract in the amount of $44,325 with American Alarm for jail security electronics systems maintenance and authorized the Sheriff to sign the contract, as recommended by the Sheriff-Coroner

24.   ACCEPTED AND FILED the fiscal year 2004-2005 Annual Inmate Welfare Fund Expenditure Report, as recommended by the Sheriff-Coroner

25.   ADOPTED RESOLUTION NO. 275-2005 supporting the passage of Senate Bill 411, relating to the use of green waste, as recommended by Supervisor Wormhoudt

26.   APPROVED appointment of Jessie Schecter to the Commission on Disabilities for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

27.   SEE ITEM NO. 43 REGULAR AGENDA

28.   APPROVED appointment of Liz Taylor-Selling to the Housing Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Stone

29.   APPROVED appointment of Jennifer Hutchinson to the Fire Department Advisory Commission, as the representative of the Planning Department, as recommended by Chairman Campos

30.   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

31.   AUTHORIZED payment of invoices to Salud Para La Gente totaling $11,794.54, as recommended by the Health Services Agency Director

32.   APPROVED contracts in the amount of $37,500 with Walnut Avenue Women's Center, and $10,000 with the Volunteer Centers of Santa Cruz County Literacy Program for CalWORKs' related employment services and authorized the Human Resources Agency Director to sign the agreements on behalf of the County, as recommended by the Human Resources Agency Director

33.   AUTHORIZED the Human Resources Agency to expend up to $700 to purchase refreshments for the Foster Parent Appreciation Event and approved related actions, as recommended by the Human Resources Agency Director

34.   APPROVED contract amendment with the California Center for Regional Leadership for an increase of $39,979 in federal grant funds in order to provide additional work products for a Pajaro Valley Training Facility feasibility study, and authorized the Human Resources Agency Director to sign the amendment, as recommended by the Human Resources Agency Director

35.   DEFERRED further consideration of a letter recommending a bilingual, county-wide Earned Income Tax Credit education and outreach program at this time and approved related actions, as recommended by the Human Resources Agency Director

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

37.   APPROVED independent contractor agreement with Phoenix Group Information Services Company in the not-to-exceed amount of $20,000 for processing of parking citations for the Sheriff-Coroner Department, Parks, Open Space and Cultural Services Department, Public Works Department (Live Oak Parking Program), and General Services Department, 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 amendment to agreement with Williams Tree Service in the increased amount of $30,000 for a total not-to-exceed amount of $50,000 for fiscal year 2005/2006 for tree maintenance and emergency tree removal, and authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

39.   APPROVED amendment to agreement with DKS Associates for engineering services for traffic signals at various locations on Soquel Drive and Graham Hill Road by increasing the contract amount by $13,500 for a total not-to-exceed amount of $159,942; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

40.   ADOPTED RESOLUTION NO. 276-2005 for right-of-way acquisition for the Kinsley Street Improvement project; authorized the Director of Public Works to sign the agreements on behalf of the County; and approved payment of claims, as recommended by the Director of Public Works

41.   APPROVED amended loan agreement in the amount of $232,100.80, effective August 1, 2005, between the McGaffigan Mill Road Association and County Service Area (CSA) No. 59 (District 5); authorized the Chairperson of the Board to sign the agreement; authorized payment in the total amount of $6,796 to Bowman and Williams for engineering services rendered for the McGaffigan Mill CSA No. 59 Bridge Replacement project; authorized payment in the amount of $1,561.50 to Haro, Kasunich and Associates, Incorporated for geotechnical services for the McGaffigan Mill CSA No. 59 Bridge Replacement project, as recommended by the Director of Public Works

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim Name/No.: William Hansen IV v. County of Santa Cruz

Claim No. 2003084954

Case Name/No.: Park Cuseo v. County of Santa Cruz, WCAB Nos. SAL 107437, 108398

Case Name/No.: County of Santa Cruz v. William Lawler, Santa Cruz Superior Court Case No. CV 148482

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

All Bargaining Units

IHSS Public Authority Negotiator: Director of Personnel

Employee Organization: IHSS Public Authority Employees

REPORT OF COUNTY COUNSEL - In the case of County of Santa Cruz v. William Lawler, Santa Cruz Superior Court Case No. CV 148482, the Board, with Chairman Campos being absent, authorized the County to settle this matter for receipt of $125,000 on a lien in this action; and authorized the County to expend $1,041.25 as its share of the mediation expenses to Mediation Masters
BPWS/C/

REGULAR AGENDA

43. ADOPTED RESOLUTION NO. 277-2005 urging Sunshine Villa to negotiate in good faith with its workers for a collective bargaining agreement, as recommended by Supervisor Wormhoudt
WPBS/C/

44. ADOPTED RESOLUTION NO. 278-2005 First Amended Resolution of the Board of Supervisors of the County of Santa Cruz Finding and Determining that Charter Communications Properties, LLC Has Committed a Material Breach of Chapter 5.24 of the Santa Cruz County Code and that "Franchise to Provide Cable Television Services between the County of Santa Cruz, California and Charter Communications Properties, LLC" Dated as May 19, 1998, Making Certain Findings of Fact in Relation Thereto, Imposing Liquidated Damages, and Reserving Certain Further Remedies, as recommended by the County Administrative Officer
WBPS/C/

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS