Santa Cruz County Board of Supervisors Minutes: 2/28/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 5
Tuesday, February 28, 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.		Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - two people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of February 7, 2006 and February 14, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of February 9, 2006 through February 22, 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.   APPROVED commercial agreement with Bei-Scott, as recommended by the Director of Child Support Services

11.   APPROVED amendment to contract with ICMA-RC for administration of the deferred compensation program and approved related actions, as recommended by the Deferred Compensation Advisory Commission

12.   APPROVED and authorized the District Attorney to submit a grant application in the amount of $203,706 to the Governor's Office of Emergency Services and sign a Certification of Assurance of Compliance for fiscal year 2006/2007 Victim/Witness Assistance Program, as recommended by the District Attorney

13.   APPROVED contract and Operational Agreement with the California Department of Forestry for fire protection services in County Service Area Nos. 4 and 48 for fiscal year 2005/2006 in the amount of $2,936,239; adopted RESOLUTION NO. 68-2006 certifying the 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

14.   ACCEPTED the Davenport Community Center Re-Roof as completed; approved final cost in the amount of $8,512; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

15.   AWARDED contract to Earthworks Paving in the amount of $14,550 for the Installation of Rubberized Surfacing at Aldridge Lane County 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 $1,455 to cover change order expenditures; and approved related actions, as recommended by the Director of General Services

16.   APPROVED adjustment to the Information Services Department (ISD) Duplicating Division 2005/2006 fixed asset allocation and various transfers totaling $6,786 to finance the cost of purchasing new binding system equipment, as recommended by the Information Services Department Director

17.   ACCEPTED AND FILED report on attorney recruitment issues, as recommended by the Director of Personnel

18.   ADOPTED RESOLUTION NO. 58-2006 accepting and appropriating unanticipated revenue in the amount of $70,111 and approved transfer of appropriations in the amount of $187,500, as recommended by the Chief Probation Officer

19.   SEE ITEM NO. 57.1 REGULAR AGENDA

20.   AUTHORIZED the Sheriff-Coroner to apply for the Edward Byrne Memorial Justice Assistance Grant in the amount of $17,891 and enter into an inter-local agreement with the City of Santa Cruz; adopted RESOLUTION NO. 59-2006 accepting and appropriating unanticipated revenue in the amount of $17,891; and approved purchase of six radios, as recommended by the Sheriff-Coroner

21.   APPROVED appointment of Tim Jackson to the Arts Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

22.   APPROVED appointment of Dr. David G. Coleman to the Mental Health Advisory Board, as a representative of the general public having experience and knowledge of the mental health system, for a term to expire April 1, 2008, as recommended by Supervisor Campos

23.   APPROVED appointment of Russell Maridon to the Fish and Game Advisory Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

24.   DIRECTED the County Administrative Officer and the Planning Director to review the request that the County participate in the Tannery Arts Center's affordable housing project, and return to the Board by April 25, 2006, with a recommendation, as recommended by Supervisor Stone

25.   ACCEPTED AND FILED annual report of the Fire Department Advisory Commission, as recommended by Chair Stone

26.   ACCEPTED AND FILED annual report of the Fish and Game Advisory Commission, and approved related action, as recommended by Chair Stone

27.   ACCEPTED AND FILED annual report of the Latino Affairs Commission, and approved related action, as recommended by Chair Stone

28.   APPROVED appointment of Chief Mike McMurry to the Emergency Medical Care Commission, as the at-large representative of the Fire Chiefs Association of Santa Cruz County, for a term to expire April 1, 2009, as recommended by Chair Stone

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.   ACCEPTED AND FILED report on Proposition 63, the Mental Health Services Act (MHSA) Plan and directed the Health Services Agency to report back no later than April 25, 2006, with updated and related actions for implementation, as recommended by the Health Services Agency Director

31.   ADOPTED RESOLUTION NO. 60-2006 authorizing the Santa Cruz County Health Services Agency Emergency Medical Services program to require Live Scan fingerprinting of EMT applicants and to require Live Scan fingerprinting of EMS personnel who will access EMT applicants' background information, as recommended by the Health Services Agency Director

32.   APPROVED agreement with Motorola in the amount of $147,507 for mobile data communications and automated vehicle location services and authorized the Health Services Agency Director to sign; and adopted RESOLUTION NO. 61-2006 accepting and appropriating $113,129 of unanticipated Ambulance Excess Revenue Trust Fund and Homeland Security revenue into the Public Health budget, as recommended by the Health Services Agency Director

33.   APPROVED amendment to the Human Resources Agency contract with the Volunteer Center of Santa Cruz County for an increase of $5,000 for 2005/2006; and authorized the Human Resources Agency Director to execute the amendment, as recommended by the Human Resources Agency Director

34.   AUTHORIZED the Human Resources Agency Director to sign a contract with First Data Government Solutions, Incorporated in the amount of $249,810 for CalWIN related training support and adopted RESOLUTION NO. 62-2006 accepting and appropriating unanticipated revenue in the amount of $249,810, as recommended by the Human Resources Agency Director

35.   APPROVED addendum to the contract with Senior Network Services changing service rates, effective March 1, 2006, as recommended by the Human Resources Agency Director

36.   SCHEDULED a public hearing on Tuesday, March 28, 2006, on the morning agenda, at 9:00 a.m. or thereafter to consider the 2005 Annual General Plan Report, as recommended by the Planning Director

37.   SCHEDULED a public hearing on Tuesday, April 4, 2006, on the morning agenda, at 9:00 a.m. or thereafter to consider ordinance revising the swimming pool, hot tub and spa barrier regulations, as recommended by the Planning Director

38.   SCHEDULED a public hearing on Tuesday, March 28, 2006, at 9:00 a.m. or thereafter to consider the Planning Commission's recommendation on Application No. 06-0020, General Plan amendment and rezoning for Assessor's Parcel No. 071-061-01, located on the corner of Highway 9 and Lazy Woods Road in Felton, as recommended by the Planning Director

39.   ACCEPTED improvement for the Soquel-San Jose Road Storm Damage Repair project; approved final cost in the amount of $92,920.50; and approved related action, as recommended by the Director of Public Works

40.   ACCEPTED subdivision site improvements as completed for Tract 1424, Harbor Beach Homes located off of 7th Avenue north of Eaton Street, in accordance with previously approved plans; adopted RESOLUTION NO. 63-2006 accepting Harbor Beach Court into the County Maintained System; adopted RESOLUTION NO. 64-2006 accepting the southwest corner of Lot 11 as a sidewalk easement; and approved related actions, as recommended by the Director of Public Works

41.   ACCEPTED improvement for the Seventh Avenue Improvements, Eaton Street to Capitola Road; approved final cost in the amount of $2,282,555.39; and approved related action, as recommended by the Director of Public Works

42.   ADOPTED RESOLUTION NO. 65-2006 accepting and appropriating unanticipated revenue in the amount of $65,491 from the California Department of Fish and Game for the Browns Valley Culvert Retrofit project, as recommended by the Director of Public Works

43.   APPROVED proceeding with emergency storm damage repairs for Bear Creek Road and Soquel-San Jose Road; authorized the Director of Public Works to retain an engineering consultant as needed for preparation of plans and specification for the subject storm damage repair projects, waived advertising for bids, and authorized the award of the emergency repair projects to the lowest responsible bidders per Public Contract Code, Sections 20134 and 22050; adopted RESOLUTION NO. 66-2006 accepting and appropriating unanticipated revenue in the amount of $1,038,000 from the California Department of Transportation into the 2005/2006 Public Works Road Budget; approved transfer of funds in the amount of $65,000; and directed Public Works to report back to the Board on May 2, 2006, with an emergency project status update, as recommended by the Director of Public Works

44.   ACCEPTED AND FILED report on the Davenport Underground Utility District and directed Public Works to return with an updated status report on or before March 21, 2006, as recommended by the Director of Public Works

45.   AUTHORIZED transfer of $115,000 from Principal on Lease Purchase and $170,000 from Capital Replacement Reserves to Mobile Equipment for a total of $285,000 for acquisition of replacement Motor Grader for the Buena Vista Landfill, and authorized the General Services Department to complete the acquisition of a replacement Motor Grader for landfill operations as a direct purchase, as recommended by the Director of Public Works

46.   ACCEPTED AND FILED status report on vegetation management and directed Public Works to return on or before April 25, 2006 with a progress report, as recommended by the Director of Public Works

47.   APPROVED amendment to the agreement with Kase Pacific Construction in the amount of $62,830 for a new contract total of $287,909 and extended the contract to June 30, 2006 or until work is completed, to proceed with the restoration work in the auditorium of the Santa Cruz Veterans Memorial Building and authorized the Director of the Department of Parks, Open Space and Cultural Services to sign the amendment on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

48.   DEFERRED consideration and approval of the necessary documents and design contract for improvements to the Simpkins Family Swim Center until on or before April 25, 2006, as recommended by the Director of Parks, Open Space and Cultural Services

49.   DESIGNATED Agri-Culture as the organization responsible for the 2006 Santa Cruz County Fair Display; directed the Parks Department to report back to the Board on or before April 4, 2006 with the Official Counties Exhibits entry form; directed the Parks Department to report back to the Board on or before June 20, 2006 with the Official Statement of Purpose; and directed the Parks Department to report back to the Board on or before May 2, 2006 with a conceptual drawing of the proposed 2006 Santa Cruz County Fair display for approval by the Board

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim Name/No.: In re Leroy Cross, Jean Cross, and Brittney Cross, Claim No. 506-054

Claim Name/No.: In re Juan Manual Alfaro, Claim No. 506-013B

Case Name/No.: Luis Saldana Lopez v. Michael Scott Sotelo and County of Santa Cruz, Santa Cruz County Superior Court Case No. CV 153378

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

All Bargaining Units

PUBLIC EMPLOYEES PERFORMANCE EVALUATION

Position titles: County Administrative Officer; County Counsel

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

51.   Presentation honoring Lynn C. Miller

52.   Presentation of awards and proclamations to employees who achieved excellence in the execution of their duties and responsibilities

53.   Continued public hearing to accept certification of the results of the County Service No. 4, Pajaro Dunes, election and adoption of a resolution authorizing and levying an assessment for fire protection services within County Service Area No. 4, Pajaro Dunes for the 2006/2007 fiscal year and each year following;

closed public hearing;

(1) accepted certification of the results of the CSA No. 4, Pajaro Dunes election and directed the Office of Emergency Services to retain the ballots for at least six months following the certification;

(2) ADOPTED RESOLUTION NO. 67-2006 authorizing and levying an assessment for fire protection services within CSA No. 4, Pajaro Dunes, for the 2006-2007 fiscal year and each year following
CPBWS

54.   Continued public hearing on refuse, recycling and yardwaste collection services franchise renewal process and proposed franchise agreement with Waste Management of Santa Cruz County;

closed public hearing;

approved Option 2 of the staff recommendations Items A, D, E, and F as follows:

(a) directed Public Works to return on April 4, 2006, with a proposed Request for Proposal for refuse, recycling and yardwaste collection services and a final schedule;

(d) scheduled a public hearing for March 28, 2006, at 9:00 a.m. or thereafter to consider adoption of revised refuse, recycling and yardwaste collection service rates. to be effective May 1, 2006;

(e) directed Public Works in conjunction with Waste Management to prepare appropriate public notice and direct mailers to all customers informing them of the change in rates and public hearing;

(f) and directed the Clerk of the Board to publish the attached Notice of Public Hearing, once a week for three weeks prior to the hearing in a newspaper of general circulation; and directed Public Works to return on March 28, 2006 with additional direction in relation to amendments to the current Waste Management contract
WPBCS

55.   Public hearing held regarding the California Health and Safety Code Section 33433 Summary Report and Disposition and Development Agreement on the Pleasant Acres Mobile Home Park;

(1) conducted public hearing on the 33433 Summary Report (Attachment 1) and the Disposition and Development Agreement (Attachment 2) on the Pleasant Acres Mobile Home Park Project;

(2) closed public hearing; and

(3) approved the 33433 Summary Report (Attachment 1) and the Disposition and Development Agreement (Attachment 2) on the Pleasant Acres Mobile Home Park Project
PWBCS

56.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONSIDERED approval of California Health and Safety Code Section 33433 Summary Report and a Disposition and Development Agreement for the Pleasant Acres Mobile Home Park;

(1) approved the 33433 Summary Report (Attachment 1) and the Disposition and Development Agreement (Attachment 2);

(2) authorized the Redevelopment Agency (RDA)to provide funding assistance of up to $1,529,800; and

(3) authorized the Planning Director to sign the Disposition and Development Agreement (DDA) and take any other actions needed to implement that agreement
WBPCS

57.   CONTINUED TO MARCH 7, 2006 report on Equal Employment Opportunity (EEO) Administrative Review recommendations
PWBCS

57.1.   REQUESTED that the County Administrative Officer return on May 2, 2006, after consulting with Probation and Human Resources Agency, with a report on Above the Line and the existing status of the building given the county education's decision and a report on the best and highest use of developing and whether there are other competing uses that would more fully serve our purpose, including land use issues
WCBPS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS