Santa Cruz County Board of Supervisors Minutes: 10/18/2005

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2005, NUMBER 28
Tuesday, October 18, 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.		Supervisor Pirie absent
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to the Closed Session Agenda: Item No. 43: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Case Name/No: Charter Communications Properties, LLC v. County of Santa Cruz, et al. Santa Cruz Superior Court Case No. CV 149134; Deletions to the Consent Agenda: Item No. 35 Additions to the Regular Agenda: Renumbered Item No. 16 to become Item No. 47; and Renumbered Item No. 23 to become Item No. 48
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - five people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 27, 2005 and October 4, 2005, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 29, 2005 through October 12, 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 Discover RE/USF and GW/C Program, No. 506-017, and referred to County Counsel

11.   REJECTED the claim of Knox Roofing, No. 506-018, and referred to County Counsel

12.   REJECTED the claim of Twin Lakes Baptist Church, No. 506-020, and referred to County Counsel

13.   REJECTED the claim of Casey Walker, No. 506-021, and referred to County Counsel

14.   APPROVED reinstatement of $4,000 of appropriations for a previously approved fixed asset expenditure, as recommended by the Auditor-Controller

15.   CONTINUED TO NOVEMBER 15, 2005 report on County participation in Association of Monterey Bay Area Governments (AMBAG)

16.   SEE ITEM NO. 47 REGULAR AGENDA

17.   APPROVED plans and specifications for the Main Jail Shower Upgrade project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on November 16, 2005 in the General Services Department, as recommended by the Director of General Services

18.   ADOPTED RESOLUTION NO. 310-2005 accepting and appropriating unanticipated revenue in the amount of $60,336; authorized transfer of funds from the Health Services Agency and the Human Resources Agency to the General Services Department for fleet related and expenditure adjustments, as recommended by the Director of General Services

19.   ACCEPTED the Courts Tech Office Remodel project as completed; approved final cost in the amount of $31,285; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

20.   APPROVED specifications for the Roof Replacement at 1240 Rodriguez Street project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on November 9, 2005 in the General Services Department, as recommended by the Director of General Services

21.   AWARDED contract to Louis and Riparetti, Incorporated in the amount of $98,824 for the Veterans Building Re-Roof 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 $9,883 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

22.   AWARDED contract to Saviano Company in the amount of $48,000 for the Tennis Courts Re-Surface at Highlands Park 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 $4,800 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

23.   SEE ITEM NO. 48 REGULAR AGENDA

24.   ADOPTED RESOLUTION NO. 311-2005 determining disability retirement status of safety employees; and adopted RESOLUTION NO. 312-2005 amending Resolution No. 283-2005 determining disability retirement status of safety employees, as recommended by the Personnel Director

25.   ACCEPTED Treasurer's monthly Cash Report and Transaction Report for the period ending September 30, 2005 and approved related action, as recommended by the Treasurer-Tax Collector

26.   ADOPTED RESOLUTION NO. 313-2005 concerning the United States Department of the Interior's proposed Five-Year Outer Continental Shelf (OCS) Leasing Program and accompanying Environmental Impact Statement, as recommended by Supervisor Wormhoudt

27.   ADOPTED RESOLUTION NO. 314-2005 opposing Proposition 76, The California Live Within Our Means Act, as recommended by Supervisor Wormhoudt

28.   APPROVED appointment of Jeanette Workman-Cosentino to the Commission on Disabilities for a term to expire April 1, 2007, as recommended by Supervisor Campos

29.   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

30.   APPROVED Public Health agreements for the Community Challenge Grant Program with Pajaro Valley Unified School District in the amount of $27,489; Planned Parenthood Mar Monte in the amount of $42,500; Population Services International in the amount of $27,533; Pajaro Valley Prevention and Student Assistance, increasing the maximum amount to $78,351 and a State standard revenue agreement in the amount of $1,050,000, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

31.   APPROVED revised rate request package, raising the In-Home Supportive Services (IHSS) independent provider wage to $10.50 per hour following State approval, and directed the Human Resources Agency to submit the rate request package to the State, as recommended by the Human Resources Agency Director

32.   AMENDED contract with First Data Government Solutions, Incorporated by extending the term to December 30, 2005 and adopted RESOLUTION NO. 315-2005 accepting and appropriating $1,286,023 in unanticipated CALWIN project revenue, as recommended by the Human Resources Agency Director

33.   ADOPTED RESOLUTION NO. 316-2005 accepting a portion of Highway 1 right-of-way from the State of California for the Harkins Slough Road Bridge project, as recommended by the Director of Public Works

34.   ACCEPTED AND FILED report on the status of the Davenport Underground Utility District project; directed Public Works to return on February 7, 2006, with an update on the status of PG&E's progress on the completion of the current underground utility project and on the status of hiring a contractor to complete the customer panel conversions; and approved related actions, as recommended by the County Administrative Officer and the Director of Public Works

35.   DELETED ITEM

36.   ACCEPTED improvement for the County Service Area (CSA) Resurfacing Project 2005 (Districts 3 and 5); approved final cost in the amount of $77,616; and approved related action, as recommended by the Director of Public Works

37.   APPROVED amendment to agreement with Shangrila Landscape Management, Incorporated for revegetation and maintenance services for various Public Works projects by increasing compensation by $35,000 for a not-to-exceed amount of $60,000 for fiscal year 2005/2006 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.   SEE ITEM NO. 48.1 REGULAR AGENDA

39.   APPROVED plan line for Capitola Avenue between Highway 1 and Soquel Drive and directed Public Works staff to include the plan line for this portion of Capitola Avenue in the Master Plan Line file, as recommended by the Director of Public Works

40.   AUTHORIZED the Department of Parks, Open Space and Cultural Services to issue two requests of qualifications for design services for improvements to the Simpkins Family Swim Center, and preparation of construction documents for parking improvements to Anna Jean Cummings Park; and directed the Department of Parks, Open Space and Cultural Services to return on or before January 24, 2006 with the necessary documents and design contracts for consideration and approval; and continued to October 25, 2005 consideration to authorize the Department of Parks, Open Space and Cultural Services to solicit and evaluate design services for the implementation of the Management Plan for the Monarch Butterfly at Moran Lake Park and other improvements

41.   APPROVED transfer of funds in the amount of $40,000 within the Eureka Canyon Park Dedication District and approved a modification to the Proposition 12 State Park Bond grant program associated with Aldridge Lane Park in the amount of $9,500 to complete improvements with an estimated total cost of $49,500 to the Aldridge Lane Park, as recommended by the Director of Parks, Open Space and Cultural Services

42.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONTINUED TO OCTOBER 25, 2005 consideration to approve amendment to the agreement with Tri-B Incorporated for construction management services for the Live Oak Library project

43.   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.: National Oceanic and Atmospheric Administration (NOAA) v. County of Santa Cruz and Condon Johnson and Associates

NOAA Enforcement Action Case NO. SW040276A

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No: Charter Communications Properties, LLC v. County of Santa Cruz, el al. Santa Cruz Superior Court Case No. CV 149134

CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units

REPORT OF COUNTY COUNSEL - The Board, with Supervisor Pirie being absent, approved settlement in the matter of National Oceanic and Atmospheric Administration (NOAA) v. County of Santa Cruz and Condon Johnson and Associates, NOAA Enforcement Action Case No. SW040276A, the County is settling with NOAA in the amount of $47,000; that amount will go into a special fund administered by the County to enhance beneficial projects for fish; and the settlement agreement will be on file in the Office of Public Works for review
BW/P/SC

REGULAR AGENDA

44.   Presentation made by the Monterey Bay Area Governments (AMBAG) regarding development of a Monterey Bay Regional Energy Efficiency Plan;

accepted and filed report of the Monterey Bay Area Governments (AMBAG) regarding development of a Monterey Bay Regional Energy Efficiency Plan
WB/P/SC

45.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5, to convene and carry out a regularly scheduled meeting

46.   APPROVED appointment of Roger E. McKowan to the In-Home Supportive Services Advisory Commission, as an at-large representative of consumers, in accordance with County Code Section 2.124.040, for a term to expire April 1, 2009
WB/P/SC

47.   CONSIDERED report on the Voting Modernization Plan for Santa Cruz County and related actions, including authorizing the County Clerk to negotiate and sign an agreement with Sequoia Voting Systems in an amount not-to-exceed $2.3 million; and adopt a resolution accepting and appropriating $2.455 million in unanticipated federal and state grant funds;

(1) accepted and filed report on a Voting Modernization Plan for Santa Cruz County;

(2) authorized the County Clerk to negotiate an agreement with Sequoia Voting Systems in an amount not-to-exceed $2.3 million and return to the Board for authorization to sign the final contract;

(3) ADOPTED RESOLUTION NO. 317-2005 accepting and appropriating unanticipated federal and state grant funds in the amount of $2.455 million;

(4) authorized the County Clerk to work with the appropriate County departments to identify warehouse space for equipment storage;

(5) requested that the Personnel Director classify the 2.0 FTE positions by November 22, 2005, and open recruitments with the goal of hiring no later than January 1, 2006;

(6) authorized the County Clerk to negotiate and sign an amendment to the contract with Visionary Integration Professionals, LLC, to add additional duties and increase the contract by $30,000;

(7) and requested that the County Clerk return on or before November 22, 2005 with additional actions that are required to implement a new voting system, including a warehouse solution and staffing;

(8) with an additional direction that the County Clerk return on December 6, 2005 with a report on the practical experience of states and other counties dealing with the ten percent count as well as a plan and budget for doing one locally for the next couple of years
WSB/P/C

48.   CONSIDERED reports on the County's Equal Opportunity Employment (EEO) programs, data on the utilization of women and minorities in the County workforce and considered related actions;

(1) accepted and filed report on Equal Employment Opportunity (EEO) and the ten-year history of the County's utilization of women and minorities;

(2) approved the implementation of the recommended strategies set forth in the report, including the strategies under Tab 4; and asked staff to provide a report on a recommendation for the implementation of these various strategies on January 24, 2006;

(3) directed staff to provide a status report on the implementation of the recommended strategies and a report on the progress in implementing these strategies in conjunction with the EEO Plan update in May, 2006
WSB/P/C

48.1.   APPROVED amendment to agreement with Waste Management of Santa Cruz County by extending the term of their Refuse, Recycling and Yardwaste Collection Services Franchise to January 31, 2006; authorized the Director of Public Works to sign the agreement on behalf of the County; and directed Public Works to return on or before December 6, 2005 with a proposal for public outreach for the renegotiated franchise with Waste Management; and to extend the term of the refuse, recycling and yardwaste collection service franchise to April 30, 2006
WB/P/SC

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