Santa Cruz County Board of Supervisors Minutes: 4/25/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 11
Tuesday, April 25, 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 March 28, 2006 and April 4, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of March 30, 2006 through April 19, 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.   ACCEPTED AND FILED Single Audit Report of the County of Santa Cruz for the fiscal year ended June 30, 2005, as recommended by the Auditor-Controller

11.   ACCEPTED AND FILED report on Transition to Statewide Disbursement Unit, as recommended by the Director of Child Support Services

12.   APPROVED one year extension for $24,982 in commercial lease agreement with Lido Marietti for various storage requirements at the existing monthly rate, as recommended by the Director of Child Support Services

13.   APPROVED one year extension for $113,232 on commercial lease agreement with PacCom Management Services, Incorporated, as recommended by the Director of Child Support Services

14.   ACCEPTED AND FILED status report on the animal services facility project and directed the County Administrative Office to return on or before May 23, 2006 with a plan for proceeding with the construction of the facility, and a contract for project management services, as recommended by the County Administrative Officer

15.   AUTHORIZED the County Fire Chief to submit a grant application to the Assistance to Firefighters Program for funding in the amount of $270,000 to purchase self contained breathing apparatus for the County Fire Department, as recommended by the Emergency Services Administrator

16.   AUTHORIZED the Information Services Department to adjust its fixed assets allocation by reducing the allocation to purchase Blade Servers by $8,000 and increasing the allocation to purchase anti-spam and anti-virus software by $8,000, with no change to the total fixed asset budget, as recommended by the Director of Information Services

17.   SEE ITEM NO. 60.5 REGULAR AGENDA

18.   SEE ITEM NO. 60.51 REGULAR AGENDA

19.   SEE ITEM NO. 60.52 REGULAR AGENDA

20.   ADOPTED RESOLUTION NO. 114-2006 approving application for Continued Funding for fiscal year 2006/07 for the Comprehensive Multi-Agency Juvenile Justice Plan and approved related actions, as recommended by the Chief Probation Officer

21.   ADOPTED RESOLUTION NO. 115-2006 accepting and appropriating unanticipated revenue in the amount of $3,125 into Probation Grants Index 574100 for fiscal year 2005/06 for the Project Safe Neighborhoods grant project, as recommended by the Chief Probation Officer

22.   SEE ITEM NO. 60.2 REGULAR AGENDA

23.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending March 31, 2006, as recommended by the Treasurer-Tax Collector

24.   APPROVED reappointment of Toni Campbell to the First 5 Commission for a term to expire April 1, 2007, as recommended by Supervisor Beautz

25.   APPROVED reappointment of Dr. Salem Magarian to the First 5 Commission for a term to expire April 1, 2007, as recommended by Supervisor Pirie

26.   APPROVED appointment of Jim Marshall to the First 5 Commission for a term to expire April 1, 2007, as recommended by Supervisor Wormhoudt

27.   APPROVED reappointment of Terry McKinney to the Mental Health Advisory Board for a term to expire April 1, 2009, as recommended by Supervisor Stone

28.   APPROVED reappointment of Beth Benjamin to the First 5 commission for a term to expire April 1, 2007, as recommended by Supervisor Stone

29.   REAPPOINTED Cecilia Espinola, Rama Khalsa, and Maria Castro to the First 5 Commission, as at-large appointees on an interim basis pursuant to Subdivision D of Section 2.38.220 of the County Code, until permanent appointments can be made; and further accepted notification of three at-large vacancies on the First 5 Commission, as outlined, with nominations for appointment to be received on May 16, 2006, and final appointments to be made May 23, 2006, as recommended by Chair Stone

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.   ADOPTED RESOLUTION NO. 116-2006 canceling $113,865 of estimated revenues and appropriations in the Health Services Agency Alcohol and Drug Program budget; approved amendments to drug and alcohol program service agreements with Santa Cruz Community Counseling Center increasing the maximum amount by $47,364 to $2,071,543; Janus of Santa Cruz increasing the maximum amount by $216,422 to $2,278,945; Pajaro Valley Prevention and Student Assistance increasing the maximum amount by $1,400 to $358,490; Sobriety Works decreasing the maximum amount by $2,179 to $210,448; The Camp Recovery Center decreasing the maximum amount by $3,218 to $31,222; and New Life Community Services decreasing the maximum amount by $6,536 to $71,944; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

32.   ACCEPTED AND FILED report on the Public Guardian's Office and directed the Health Services Agency to return during 2006/07 budget hearings with a further update, as recommended by the Health Services Agency Director

33.   ADOPTED RESOLUTION NO. 117-2006 accepting and appropriating $885,820 of unanticipated federal and state revenues into the Health Services Agency Mental Health budget; approved amendments to agreements with Santa Cruz Community Counseling Center increasing the maximum amount by $533,232 to $6,575,652; Volunteer Center increasing the maximum amount by $150,868 to $888,768; Front Street increasing the maximum amount by $230,700 to $3,624,600; Department of Rehabilitation clarifying the number of clients; and Parents Center changing the units of service array and reimbursement rates; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

34.   APPROVED agreement with Salud Para La Gente in the amount of $126,000 for immunization and HIV testing, education and prevention services and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

34.1.   SEE ITEM NO. 60.1 REGULAR AGENDA

35.   ACCEPTED AND FILED report on implementation of Proposition 63 and approved related actions, as recommended by the Health Services Agency Director

36.   APPROVED Building Sublease between the State Employment Development Department and Human Resources Agency for office space at the Capitola Career Center (2045 40th Avenue, Capitola, California) through December 31, 2008, and authorized the Human Resources Agency Director to sign the sublease, as recommended by the Human Resources Agency Director

37.   DEFERRED approval of contract with a consultant for business retention and expansion survey services to May 16, 2006, as recommended by the Human Resources Agency Director

38.   SEE ITEM NO. 60.3 REGULAR AGENDA

39.   APPROVED County funding of $500,000 from the Housing In-lieu Fund for the Tannery Artist Lofts Affordable Housing project and approved related actions, as recommended by the Planning Director

40.   ADOPTED RESOLUTION NO. 118-2006 amending the Affordable Housing Guidelines, related to senior second unit housing, and directed the Planning Department to provide a status report on the program in May, 2007, as recommended by the Planning Director

41.   SEE ITEM NO. 60.4 REGULAR AGENDA

42.   APPROVED Request for Proposals for Refuse, Recycling and Yardwaste Collection Services; directed Public Works to return on or before August 22, 2006, with results of the RFP process and vendor recommendation, as recommended by the Director of Public Works

43.   APPROVED amendment to agreement with Brown, Vence and Associates for long range recovery and waste management planning services by amending the scope of work and increasing compensation by $45,652 for a total not-to-exceed amount of $245,652, and authorized the Director of Public Works to sign the amendment on behalf of the County and invoice each City for its share of the expanded Phase I scope of work, as recommended by the Director of Public Works

44.   AUTHORIZED the Director of Public Works to make a partial release of the Faithful Performance Security submitted for Tract 1470, Peregrine Properties, as recommended by the Director of Public Works

45.   ACCEPTED AND FILED report on the 2006 Rubberized Seal Coat project and directed Public Works to return to the Board on May 2, 2006, with final specifications and engineer's estimate for the 2006 Rubberized Seal Coat project, as recommended by the Director of Public Works

46.   ACCEPTED improvement for the Harkins Slough Road Bridge at West Branch of Struve Slough; approved final cost in the amount of $4,884,169.57; and approved related action, as recommended by the Director of Public Works

47.   APPROVED Federal Apportionment Exchange Program and State Match Program Agreement Number X06-5936 (069) relating to Federal Regional Surface Transportation Program funds; adopted RESOLUTION NO. 119-2006 for Federal Apportionment Exchange Program accepting Exchange and State Match revenue in the amount of $324,813; authorized the Chairman of the Board of Supervisors to sign the original and duplicate original agreement on behalf of the County; and approved related actions, as recommended by the Director of Public Works

48.   ACCEPTED AND FILED status report on vegetation management and directed Public Works to return on or before November 21, 2006, with a progress report, as recommended by the Director of Public Works

49.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ADOPTED RESOLUTION NO. 120-2006 approving the preliminary Integrated Regional Water Management plan for northern Santa Cruz County, as recommended by the District Engineer

50.   APPROVED agreement with Sugimura and Associates Architects in the amount of $131,800 which includes a $12,000 contingency for reimbursable charges and miscellaneous design services, to prepare construction documents, see the project through the bidding process and provide construction administration services for the Simpkins Family Swim Center; 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

51.   APPROVED agreement with Joni Janecki and Associates, Incorporated in the amount of $187,264 for the implementation of the Management Plan for the Monarch Butterfly and other improvements at Moran Lake park, and approved related action, as recommended by the Director of Parks, Open Space and Cultural Services

52.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing in the amount of $150,000 for a consulting services contract with Joni Janecki and Associates for Moran Lake Park Improvements, and approved related action, as recommended by the Redevelopment Agency Administrator

53.   SEE ITEM NO. 60.41 REGULAR AGENDA

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $131,800 for an agreement with Sugimura and Associates Architects for the design of improvements to the Simpkins Family Swim Center and approved related actions, as recommended by the Redevelopment Agency Administrator

55.   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.: Charles Dunn, et al. v. County of Santa Cruz

Santa Cruz County Superior Court Case No. CV 153168

Case Name/No.: Pete Pearson, et al. v. County of Santa Cruz, et al.

Santa Cruz County Superior Court Case No. CV 145357

Case Name/No.: James Cunningham v. County of Santa Cruz, et al.

Santa Cruz County Superior Court Case No. CV 150139

REPORT OF COUNTY COUNSEL - In the matter of Pete Pearson, et al. v. County of Santa Cruz, et al. Santa Cruz County Superior Court Case No. CV 145357, the Board of Supervisors unanimously authorized County Counsel to dismiss the County's case against Hal Porter and Bowman and Williams and to refrain from any further appeal in the County's case against Hal Porter Homes
BPWCS

REGULAR AGENDA

56.   Presentation made recognizing members of the community participating in the Volunteer Initiative Program

57.   Public hearing held on proposed sewer service charges for County Service Area (CSA) No. 5, Sand Dollar and Canon del Sol; CSA No. 7, Boulder Creek; CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach for fiscal year 2006/2007;

(1) opened public hearing, to hear objections or protests, to the proposed County Service Area (CSA) No. 5, Sand Dollar and Canon del Sol; CSA No. 7, Boulder Creek; CSA No. 10, Rolling Woods; and CSA No. 20, Trestle Beach sewer service charges;

(2) closed public hearing;

(3) adopted RESOLUTION NO. 121-2006 Establishing Service Charges for County Service Area No. 5, Sand Dollar and Canon Del Sol; (b) CONTINUED TO MAY 23, 2006 consideration to adopt resolution Establishing Service Charges for County Service Area No. 7, Boulder Creek; (c) adopted RESOLUTION NO. 122-2006 Establishing Service Charges for County Service Area No. 10, Rolling Woods;

(d) adopted RESOLUTION NO. 123-2006 Establishing Service Charges for County Service Area No. 20, Trestle Beach;

(4) ADOPTED RESOLUTION NO. 124-2006 Setting a Public Hearing on June 6, 2006, at 9:00 a.m. or thereafter to confirm the Service Charge Report for CSA No. 5, Sand Dollar and Canon Del Sol; (b) CONTINUED TO MAY 23, 2006 consideration to adopted resolution setting a Public Hearing on June 6, 2006, at 9:00 a.m. or thereafter to confirm the Service Charge Report for CSA No. 7, Boulder Creek;

(c) adopted RESOLUTION NO. 125-2006 Setting a Public Hearing on June 6, 2006, at 9:00 a.m. or thereafter to confirm the Service Charge Report for CSA No. 10, Rolling Woods; (d) adopted RESOLUTION NO. 126-2006 Setting a Public Hearing on June 6, 2006, at 9:00 a.m. or thereafter to confirm the Service Charge Report for CSA No. 20, Trestle Beach; and

(5) directed the Clerk of the Board to publish the notice of public hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation
PWBCS

58.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, public hearing held to consider proposed ordinances amending District Code establishing water and sewer service charges;

(1) held public hearing on the proposed ordinances amending the Davenport County Sanitation District Code establishing sewer and water service charges;

(2) closed public hearing;

(3) approved "in concept" Ordinance No. 64 Amending District Code Title 4, Chapter 4.08, Article III, Sections 4.08.160 through 4.08.180 Sewer Service Charges to return on May 2, 2006 for final adoption;

(4) approved "in concept" Ordinance No. 65 Amending District Code Title 3, Chapter 3.08, Article III, Sections 3.08.160 through 3.08.180 Water Service Charges to return on May 2, 2006 for final adoption;

(5) scheduled Tuesday, June 6, 2006, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report; including information requested by Mr. Duncan on the difference between a twenty year loan interest rate and a forty year loan interest rate

(6) directed the Clerk of the Board to publish notice of public hearing, once a week for two weeks prior to the hearing in a newspaper of general circulation
WPBCS

59.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, public hearing held on the proposed ordinance amending sewer service charges for 2006/2007;

(1) held public hearing on the proposed ordinance of the Freedom County Sanitation District amending sewer service charges for 2006/2007;

(2) closed public hearing;

(3) approved "in concept" Ordinance No. F-9 Amending the Freedom County Sanitation District Code establishing sewer services to return on May 2, 2006 for final adoption;

(4) scheduled Tuesday, June 6, 2006, at 9:00 a.m. or thereafter, as the date and time for a public hearing on the service charge report;

(5) and directed the Clerk of the Board to publish the notice of public hearing, once a week for two weeks prior to the hearing in a newspaper of general circulation
PWBCS

60.   APPROVED appointment of Jonathan Hans Brinker to the Area Developmental Disabilities Board VII, as an at-large representative, for a term to expire December 31, 2008
WCBPS

60.1.   ACCEPTED AND FILED status report on the Food Facility Inspection Program in Santa Cruz County; and directed the Health Services Agency to return to the Board for approval of a final action plan during Budget Hearings, as recommended by the Health Services Agency Director
PCBWS

60.2.   ACCEPTED AND FILED program activities report on the Marijuana Suppression Program; adopted RESOLUTION NO. 131-2006 authorizing the Sheriff-Coroner to apply and accept funds during fiscal year 206/2007 for the Marijuana Suppression and Cannabis Eradication Program Grant; approved application for the Marijuana Suppression Program; and authorized the Sheriff-Coroner and County Administrative Officer to sign the grant document; with additional directions to delete from the Santa Cruz County guideline amount the sentence "continues to hamper the MET Teams efforts toward arresting and prosecuting commercial marijuana dealers and cultivators"; and requested the Sheriff provide the data available from the spreadsheets on the breakdown of the arrests
BPwCS

60.3.   ACCEPTED AND FILED report on a Pleasure Point Community Plan Request for Proposals and approved the consultant selection process outlined in the letter of the Planning Department of April 7, 2006; with additional directions on page 619, add an additional bullet on the first group of review of informational resources to say, "additionally informal efforts have been made by community members over the years to address planning issues, staff and community members will work together to summarize those efforts and provide those to the consultants"
BWPCS

60.4.   APPROVED agreement with Moffatt and Nichol Engineers in the not-to-exceed amount of $36,200 for engineering design services for the East Cliff Drive Pedestrian Pathway, 9th Avenue to 12th Avenue and authorized the Director of Public Works to sign the agreement on behalf of the County; clarified staff will return to the Board with information and analysis regarding options to implement route concept, previously approved, or to relocate improvement to the inland side of the road
BWPCS

60.41.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $36,200 for an agreement with Moffatt and Nichol Engineers for the East Cliff Drive Pedestrian Pathway Project from Ninth Avenue to Twelfth Avenue, and approved related actions; clarified staff will return to the Board with information and analysis regarding options to implement route concept, previously approved, or to relocate improvement to the inland side of the road
BWPCS

60.5.   ADOPTED RESOLUTION NO. 127-2006 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for the Law Enforcement Unit and the Sheriff's Supervisory Unit; adopted RESOLUTION NO. 128-2006 Fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for the Middle Management Association, Unrepresented Employees, District Attorney Inspectors Association and the District Attorney/Child Support Attorney Representation Unit; adopted RESOLUTION NO. 129-2006 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for the Law Enforcement Middle Management Representation Unit; deferred to MAY 2, 2006 consideration of the tentative agreements with various units and adoption of resolutions; and directed staff to include the cost information as set forth in the County procedures manual
PWBCS

60.51.   ADOPTED RESOLUTION NO. 130-2006 Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act for the Correctional Officers Representation Unit; deferred to MAY 2, 2006 consideration of the tentative agreement and adoption of resolutions; and directed staff to include the cost information as set forth in the County procedures manual
WPBCS

60.52.   DEFERRED to May 2, 2006 consideration to approve General Representation Memorandum of Understanding; and directed staff to include the cost information as set forth in the County procedures manual
WPBCS

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