Santa Cruz County Board of Supervisors Minutes: 1/24/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 2
Tuesday, January 24, 2006

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.		Additions and deletions to Consent Agenda: ADDED Item Nos. 56.1, 57.1 and 57.2; DELETED Item No. 41 Additions and deletions to Closed Session Agenda; Item No. 58: ADDED: CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATOR Agency Negotiator: Director of Personnel All Bargaining Units
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - nine people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of January 10, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of January 5, 2006 through January 18, 2006 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 Jim Parker, No. 506-047, and referred to County Counsel

11.   ACCEPTED AND FILED report on the Transient Occupancy Tax review of the Best Western Seacliff Inn for the three years ended June 30, 2005 and approved related action, as recommended by the Auditor-Controller

12.   INSTRUCTED the Auditor to issue a replacement warrant in the total amount of $301.07 to replace a specified uncashed and staledated warrant, as recommended by the Auditor-Controller

13.   APPROVED RESOLUTION NO. 14-2006 adopting the ICMA Retirement Corporation Deferred Compensation Plan and Trust, as recommended by the County Administrative Officer

14.   APPROVED pre-qualification process for the Watsonville Court tenant improvements and approved related action, as recommended by the County Administrative Officer

15.   ADOPTED RESOLUTION NO. 15-2006 of the Board of Supervisors Relating to the Extension of the Franchise Agreement Granted to Charter Communications, LLC and Certain Other Matters, as recommended by the County Administrative Officer

16.   APPROVED receipt in the amount of $1,000 from the Women's Crisis Center to pay for the planning and implementation of an all-day planning retreat for Domestic Violence Commission; and adopted RESOLUTION NO. 16-2006 accepting unanticipated revenue and appropriating related expenditures, as recommended by the District Attorney

17.   AWARDED contract to Kase Pacific Construction in the amount of $346,500 for the County Jail Strip Search Facility project; adopted RESOLUTION NO. 17-2006 accepting and appropriating unanticipated revenue in the amount of $139,197 from the Criminal Justice Construction Fund; adopted RESOLUTION NO. 18-2006 accepting and appropriating unanticipated revenue in the amount of $88,156 from the State Supplemental Law Enforcement Services Fund; adopted RESOLUTION NO. 19-2006 canceling current year State Supplemental Law Enforcement Services Fund appropriation and revenues; and approved related actions, as recommended by the Director of General Services

18.   APPROVED specifications for the 1060 Emeline Roof Replacement project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on February 22, 2006 in the General Services Department, as recommended by the Director of General Services

19.   AWARDED a contract to APEX Electric in the amount of $11,700 for the Electrical Rewire of Residence at 1240 Rodriguez Street 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 $1,170 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services and the Redevelopment Agency Administrator

20.   APPROVED Memorandum of Understanding (MOU) for the District Attorney Inspector Representation Unit; adopted RESOLUTION NO. 20-2006 amending Resolution No 279-75 to implement the salary actions described in the MOU; adopted RESOLUTION NO. 21-2006 amending Resolution No. 247-76 authorizing the Personnel Director to make revisions to the text and format of Section 160 (Salary, Compensation and Leave Provisions) to reflect the changes to parallel provisions of the MOU; adopted RESOLUTION NO. 22-2006 required to fix the Employer's contribution under the Public Employees' Medical & Hospital Care Act; and authorized the Personnel Director to sign the MOU, as recommended by the Personnel Director

21.   APPROVED General Representation Unit Amendment #2 to the Current Memorandum of Understanding and approved related actions, as recommended by the Personnel Director

22.   DEFERRED report on improving the District Attorney's ability to recruit law students for Attorney vacancies to February 28, 2006, as recommended by the Personnel Director

23.   APPROVED transfer of $3,000 of appropriations in Services and Supplies to Fixed Assets in Juvenile Hall Index 572000; and approved related action, as recommended by the Chief Probation Officer

24.   APPROVED transfer of $17,304 of fiscal year 2005-06 appropriations in Salary and Benefits to Services and Supplies in Probation Grant's Index 574100, as recommended by the Chief Probation Officer

25.   SEE ITEM NO. 65.1 REGULAR AGENDA

26.   APPROVED agreement with the Criminal Justice Research Foundation in the amount of $15,900 to evaluate and provide recommendations related to food service and medical unit operational and space needs at the Main jail; authorized the Chairperson to sign the agreement on behalf of the Board; and adopted RESOLUTION NO. 23-2006 accepting and appropriating revenue in the amount of $15,900 from State Asset Forfeiture Trust Fund, as recommended by the Sheriff-Coroner

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

28.   DIRECTED the Planning Department to initiate a County-sponsored application for a General Plan, Local Coastal Plan and Zoning amendment, as outlined, along with a related land division, for the development of a neighborhood park in Seacliff, as recommended by Supervisor Pirie

29.   ACCEPTED notification of at-large vacancy on the Housing Authority Board of Commissioners, for a tenant representative over age 62, with nominations for appointment to be received on February 7, 2006, and final appointment to be made February 14, 2006, as recommended by Supervisor Stone

30.   APPROVED appointment of members of the Board of Supervisors to various agencies, committees and commissions for calendar year 2006, as outlined, and approved related action, as recommended by Chair Stone

31.   ACCEPTED AND FILED annual report of the Emergency Medical Care Commission, and approved related action, as recommended by Chair Stone

32.   ACCEPTED AND FILED annual report of the Deferred Compensation Advisory Commission, and approved related action, as recommended by Chair Stone

33.   ACCEPTED AND FILED annual report of the Planning Commission, and approved related action, as recommended by Chair Stone

34.   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

35.   ADOPTED RESOLUTION NO. 24-2006 of intention to purchase real property located at 102 Wheelock Road (Assessor's Parcel No. 109-271-07) and set the matter for public hearing on February 14, 2006 at 9:00 a.m.; directed the Clerk of the Board to publish the notice of public hearing in the manner prescribed by law; and approved related actions, as recommended by the Health Services Agency Director

36.   DIRECTED the Health Services Agency to return on February 14, 2006 with a report on patient confidentiality as it relates to information exchange in our County, as recommended by the Health Services Agency Director

37.   ACCEPTED AND FILED reports on Healthcare for the Uninsured and the MediCruz Program and directed the Health Services Agency to report back during Budget hearings (2006-07) on implementation progress, as recommended by the Health Services Agency Director

38.   ADOPTED RESOLUTION NO. 25-2006 accepting and appropriating unanticipated revenue in the amount of $530,059 for various grant programs into the Public Health budget; approved new revenue agreements with Central Coast Alliance for Health in the amount of $26,221 for the Homeless Persons Health project and the State of California in the amount of $67,232 for housing needs for persons living with HIV; approved new agreement with Corporation for Affordable Community Housing in the amount of $50,457 under the HOPWA Development Grant; authorized the Health Services Agency Director to sign; and approved related actions, as recommended by the Health Services Agency Director

39.   ACCEPTED AND FILED report on Community Bridges Meals on Wheels program services, as recommended by the Human Resources Agency Director

40.   APPROVED amendment to the Senior Network Services contract for registry services through June 30, 2006 for a total cost of $27,500, as recommended by the Human Resources Agency Director

41.   DELETED ITEM

42.   ACCEPTED report on notice of historic resource designation and peer view of historic reports and approved related actions, as recommended by the Planning Director

43.   APPROVED plans and specifications and engineer's estimate for the Thirty-Eighth and Garden Street Improvements project and authorized calling for bids; set the bid opening for 2:15 p.m. on February 23, 2006, in the Department of Public Works conference room; directed Public Works to return on or before March 14, 2006 with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

44.   DIRECTED Public Works to respond to the California Regional Water Quality Control Board with the information and timeline schedule for the Boulder Creek force main replacement; directed Public Works to schedule meetings with the homeowners group and report back to the Board on April 4, 2006 with a progress report, as recommended by the Director of Public Works

45.   AUTHORIZED installation of five 70-watt residential street lights on Littleway Lane in the Watsonville area, as recommended by the Director of Public Works

46.   ADOPTED RESOLUTION NO. 26-2006 of intention to annex 18 parcels (LAFCO Resolution No. 899-A) into County Service Area (CSA) No. 13, Hutchinson Road, Zone A and set March 14, 2006, for a public hearing on the annexation; accepted and approved engineer's report for proposed assessment rates; adopted RESOLUTION NO. 27-2006 of intention to authorize and levy an assessment for road maintenance and operations and set March 14, 2006, for a public hearing on the proposed benefit assessment rate; approved notice of public hearing, ballot procedure, and ballot for the proposed 2006-07 assessments; and approved related action, as recommended by the Director of Public Works

47.   ADOPTED RESOLUTION NO. 28-2006 authorizing the placement of four road bumps on Kinsley Street 17th Avenue and Lisa Lane in Live Oak, as recommended by the Director of Public Works

48.   AUTHORIZED the Chair of the Board to send letters of support for Proposition 42 funding to our elected state officials and directed Public Works to return to the Board on or before April 25, 2006, with final plans, specifications and engineer's estimate for the 2006 seal coat project, as recommended by the Director of Public Works

49.   ADOPTED RESOLUTION NO. 29-2006 approving and accepting terms and conditions of the contracts and right-of-entry for the Valencia Creek Culvert Retrofit project property acquisition; authorized the Director of Public Works to sign the contracts and right-of-entry; and approved payment of claims, as recommended by the Director of Public Works

50.   APPROVED amendment to agreement with Louis and Riparetti, Incorporated in the amount of $9,785 for a new contract total of $108,609 and extend the contract by 45 calendar days, to repair new roof leaks to the Santa Cruz Veterans Memorial Building and authorized the Director of Parks, Open Space and Cultural Services to sign the amendment to the agreement on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

51.   APPROVED agreement with Underwood and Rosenblum in the amount of $37,825 which includes a $2,000 design contingency, to prepare construction documents, participate in the bidding and construction administration phase for parking lot improvements to Anna Jean Cummings Park and authorized the Director of Parks, Open Space and Cultural Services to sign the agreement and related documents on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

52.   AUTHORIZED the Parks Director to sign the Option to Purchase agreement for the 1.25 acre public park on the McGregor property; and authorized the Parks Director to take any other actions needed to complete the transaction, as recommended by the Director of Parks, Open Space and Cultural Services

53.   DEFERRED consideration and approval of the necessary documents and design contract for improvements to the Simpkins Family Swim Center until on or before February 28, 2006, as recommended by the Director of Parks, Open Space and Cultural Services

54.   ACCEPTED AND FILED annual financial reports of the Santa Cruz County Redevelopment Agency for the fiscal year ending June 30, 2006, as recommended by the Redevelopment Agency Administrator

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED the construction contract as completed and approved the Live Oak Library Lagoon Restoration Notice of Completion and approved related actions, as recommended by the Redevelopment Agency Administrator

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED the Year 2006 Annual Continuing Rental Agreement List, as recommended by the Redevelopment Agency Administrator

56.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED the Planning Director to finalize and sign a predevelopment loan agreement with South County Housing for the McGregor Housing/Parking Site Joint project and approved related actions, as recommended by the Planning Director and the Redevelopment Agency Executive Director

57.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency financing in the amount of $37,825 for the cost of the consultant contract with Underwood and Rosenblum, Incorporated for the design of parking lot improvements at Anna Jean Cummings Park and approved related actions, as recommended by the Redevelopment Agency Administrator

57.1.   DEFERRED status report on GEMMA to March 21, 2006, as recommended by the Chief Probation Officer

57.2.   DIRECTED the Chair to write to the County's state and federal representatives and request that in addition to the items identified in the 2006 County Legislative Program, they also lend support to the items identified in the 2006 Library Legislative Program, as recommended by Supervisors Beautz and Stone

58.   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.: P.A. Wilson v. County of Santa Cruz, et al., Santa Cruz Superior Court Case No. CV 49371

Case Name/No.: First Commercial Finance v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV 151195

Case Name/No.: First Commercial Finance v. County of Santa Cruz, Santa Cruz Superior Court Case No. CV 151443

Case Name/No.: County of Santa Cruz v. State Water Resources Control Board

Case Name/No.: Barbara Johnston v. County of Santa Cruz, Workers Compensation Appeals Board Nos. SJO 216469, SJO 285473, SJO 216467

CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATOR

Agency negotiator: Director of Personnel

All Bargaining Units

REPORT OF COUNTY COUNSEL - The Board, by unanimous vote, declined to take an appeal of the State Water Resources Control Board, Order Number R-3 2005 0044, Arthur Wilson Quarry on their national pollution and discharge system permit
BPWSC

REGULAR AGENDA

59.   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 7, to convene and carry out a scheduled meeting

60.   Public hearing held on refuse, recycling and yardwaste collection services franchise renewal process and proposed franchise agreement with Waste Management of Santa Cruz County;

(1) accepted and filed report;

(2) opened public hearing and accepted public comment on the proposed franchise agreement with Waste Management of Santa Cruz County for refuse, recycling and yardwaste collection services;

(3) directed Public works to mail an informational newsletter to all Waste Management customers following the public hearing informing them of the renewal process, rate increases, and changes in service under consideration;

(4) continued public hearing to February 28, 2006 for final deliberation and public comment; with additional directions: (a) when the item returns, it include a timeline and a process outline for putting the franchise agreement out to bid, and the informational brochure be modified to indicate to the public that the Board will also be considering this alternative, (b) that the Board be presented with a final recommendation on mandatory collection in the urban area, and (c) staff return with the issues of small road associations and explain what they think can be done, to work with them, to help solve the problems
WBPSC

61.   CONSIDERED report calling for a 10% manual recount of votes cast and counted on Digital Recording Electronic voting division used in the next countywide election and considered related actions;

Accepted and filed the Manual Recount of Direct Record Electronic (DRE) Voting Devices report calling for a 10% manual recount of votes cast and counted on DRE's used in the next countywide election, and requested the County Clerk return after conducting such a recount with a recommendation for similar recounts in future elections
WCBPS

62.   CONSIDERED revisions to ordinance amending Sections 12.16.010 and 12.16.020 of the Santa Cruz County Code relating to the assignment of street names and building numbers;

(1) approved "in concept" ordinance amending Sections 12.16.010 and 12.16.020 of the Santa Cruz County Code relating to the Assignment of Street Names and Building Numbers to return on February 7, 2006 for final adoption; with an additional direction the language, "or other interested person at any time", in Section 12.16.010 A of the ordinance be deleted and the words "with the emergency services administrator" be added to Section 12.16.020 B after the words "written Notice of Appeal"; and

(2) approved "in concept" County Procedures Manual section specifying standards for Street Naming and Addressing Numbers to return on February 7, 2006 for final action
PBWSC

63.   CONTINUED TO FEBRUARY 28, 2006 consideration of report on Equal Employment Opportunity (EEO) Administrative Review recommendations
WCBPS

64.   ACCEPTED AND FILED annual report on the Whistleblower Hotline for calendar year 2005
WPBSC

65.   APPROVED APPOINTMENT OF Dr. Margery Regalado Rodriguez to the Board of Directors of the Community Action Board, as an at-large County representative, for a term to expire January 5, 2009
PCBWS

65.1.   DEFERRED report on the Residential Substance Abuse Treatment (RSAT) Program to February 28, 2006, with additional directions as follows: (a) ask the Chair to write a letter to our Congressional representatives in an effort to determine if there is still money that was just tabled or has the money been reprogrammed, and advising that the Board takes this issue seriously and feels the program should continue; (b) and ask the Chair to write to our State representatives advising them of the Board's concern that the County has not been reimbursed for the $200,000 owed and expressing concern that the RSAT Program is a valuable program and the Board expects their help in maintaining and resuming full funding for this program
WCBPS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS