Santa Cruz County Board of Supervisors Minutes: 6/13/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 16
Tuesday, June 13, 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: Deleted: Item No. 32 Added: Item No's. 36.1, 36.2 and 36.3 Added to Item No. 37, the Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION James Cunningham v. County of Santa Cruz, et al. Santa Cruz County Superior Court Case No. CV 150139
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - No one addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of June 1, 2006 through June 7, 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.   CONTINUED TO JUNE 20, 2006 Closed Personnel and Litigation Session, the claim of Keith Loving and Kiersten Elzy - Loving, Claim No. 506-084

11.   APPROVED Amendment to Agreement with Appleby and Company extending the contract term to December 31, 2006, as recommended by the County Assessor-Recorder

12.   AUTHORIZED the Emergency Services Administrator to formally notify the California Department of Forestry and Fire Protection of the County's intention to contract for services in fiscal year 2007/2008, as recommended by the Emergency Services Administrator

13.   APPROVED contract amendments with Pajaro Valley Prevention and Student Assistance and Santa Cruz Community Counseling Center increasing their respective compensation by $5,000 each from an amount not-to-exceed $75,000 to an amount not-to-exceed $80,000 for contract periods October 1, 2005 through September 30, 2006, and authorized the Chief Probation Officer to sign amendments on behalf of the County, as recommended by the Chief Probation Officer

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

15.   APPROVED agreement with Alliance One for delinquent fine collections to comply with the requirements of Senate Bill (SB) 940; and authorized the Treasurer-Tax Collector to enter into the contract on behalf of the County of Santa Cruz, as recommended by the Treasurer-Tax Collector

16.   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

17.   ADOPTED RESOLUTION NO. 198-2006 accepting and appropriating $5,027,268 in unanticipated federal and state revenue into the Health Services Agency budget, as recommended by the Health Services Agency Director

18.   ACCEPTED report regarding amendments to the County well ordinance and directed the Health Services Agency Director to return with a recommendation to the Board on August 22, 2006, as recommended by the Health Services Agency Director

19.   APPROVED agreements with Santa Cruz Community Counseling Center, an amendment increasing the maximum amount by $60,000 to $2,131,543 for substance abuse treatment services, Strategic Health Communications, an agreement in the amount of $27,533 effective July 1, 2005 for health education and outreach services, ValueOptions, an amendment changing the administrative rate per beneficiary to $39.94 per month, Pajaro Valley Community Health Trust, a new revenue agreement in the amount of $7,220 for Happy Tooth services, and March of Dimes, a new revenue agreement in the amount of $25,000 for perinatal substance abuse prevention services; and authorized the Health Services Agency Director to sign, a recommended by the Health Services Agency Director

20.   AUTHORIZED the Human Resources Agency to submit a grant application to the Department of Health and Human Services Administration for Children and Families in the amount of $400,000 per year for five years, as recommended by the Human Resources Agency Director

21.   ACCEPTED AND FILED report on Universal Design, as recommended by the Planning Director

22.   SEE ITEM NO. 44.1 REGULAR AGENDA

23.   ACCEPTED low bid of Earthworks Paving Contractors, Incorporated in the amount of $662,648 for the Fourteenth Avenue Improvements, East Cliff Drive to Merrill Street, and authorized award of contract; adopted RESOLUTION NO. 199-2006 accepting and appropriating unanticipated revenue in the amount of $55,200.56 from the City of Santa Cruz Water Department; approved reimbursement agreement between the City of Santa Cruz Water Department (SCWD) and the County of Santa Cruz for costs related to SCWD's items on the project; and approved related actions, as recommended by the Director of Public Works

24.   AUTHORIZED payment in the amount of $1,257.02 to Mission Linen Supply for materials and services provided in the 2004/2005 fiscal year, as recommended by the Director of Public Works

25.   ADOPTED RESOLUTION NO. 200-2006 determining that certain properties are not needed for public purposes and directed real property to negotiate and execute appropriate leases, as recommended by the Director of Public Works

26.   AUTHORIZED payment in the amount of $652.22 from the 2005/2006 fiscal year budget to Orchard Supply Hardware for past due invoices, as recommended by the Director of Public Works

27.   ACCEPTED offer in the amount of $160,000 to purchase excess County property; adopted RESOLUTION NO. 201-2006 consummating sale, and approved related actions, as recommended by the Director of Public Works

28.   APPROVED Request for Proposal for construction quality assurance services for the construction of the Buena Vista Landfill, Module 4B project, and authorized distribution to the proposers, and authorized Public Works to complete the selection process and return to the Board on or before August 22, 2006, with an agreement for the selected consultant, as recommended by the Director of Public Works

29.   CONTINUED TO JUNE 20, 2006 approval of the 2006 edition of the County Design Criteria

30.   ADOPTED RESOLUTION NO. 202-2006 adopting the Green Government Pledge, as recommended by the Director of Public Works

31.   ADOPTED RESOLUTION NO. 203-2006 accepting and appropriating unanticipated revenue in the amount of $47,000 from the Steelhead Beneficial Projects Account; adopted RESOLUTION NO. 204-2006 accepting and appropriating unanticipated revenue in the amount of $25,000 from the Planning Department Fish and Game Fund; adopted RESOLUTION NO. 205-2006 accepting and appropriating unanticipated revenue in the amount of $600,000 from the California Coastal Conservancy; adopted RESOLUTION NO. 206-2006 authorizing the Director of Public Works to sign the grant agreement with the California State Conservancy on behalf of the County for construction of the Valencia Creek Fish Ladder and Valencia Road Culvert Retrofit projects, as recommended by the Director of Public Works

32.   DELETED ITEM

33.   ADOPTED RESOLUTION NO. 207-2006 for right-of-way acquisition for the Capitola Avenue Improvements, State Highway One to Soquel Drive; authorized the Director of Public Works to sign the agreements on behalf of the County; approved payment of claim, and approved related action, as recommended by the Director of Public Works

34.   APPROVED plans, specifications and engineer's estimate for the Buena Vista Drive Sanitary Landfill, Module 4B and authorized calling for bids; set the bid opening for 2:15 p.m. on Thursday, July 13, 2006 in Public Works conference room; authorized the Director of Public Works to award and sign the contract with the qualified low bidder; directed Public Works to return on or before August 15, 2006 for ratification of award of the contract, and approved related action, as recommended by the Director of Public Works

35.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 208-2006 accepting and appropriating unanticipated revenue totaling $343,865 from the Redevelopment Agency's Capital Projects Proceeds Reserves, approved Agency financing in the amount of $812,456.32 for the construction of the Fourteenth Avenue Improvement Project (East Cliff Drive to Merrill Street), and approved related actions, as recommended by the Redevelopment Agency Administrator

36.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing land and easement acquisitions in the amount of $4,550 for the Capitola Improvement Project (Highway One Bridge to Soquel Drive), and approved related actions, as recommended by the Redevelopment Agency Administrator

36.1.   ACCEPTED nomination of Sue LaForge for reappointment to the Workforce Investment Board, as an at-large representative of Title V of the Older Americans Grant Programs, for a term to expire June 30, 2010, with final appointment to be made June 20, 2006, as recommended by Chair Stone

36.2.   DIRECTED the Chair to write to Governor Schwarzenegger urging an increase in the number of State Fish and Game Wardens hired by the State, as well as an increased level of compensation in recognition of the significant level of law enforcement authority and responsibility associated with their positions, as recommended by Chair Stone

36.3.   ADOPTED RESOLUTION NO. 209-2006 opposing the passage of Senate Bill 1056, regarding genetically modified agriculture, as recommended by Supervisors Wormhoudt and Stone

37.   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.: James Hall v. County of Santa Cruz, Claim No. 200408750

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 - The Board of Supervisors unanimously authorized County Counsel to settle the matter of James Cunningham v. County of Santa Cruz, et al. Santa Cruz County Superior Court Case No. CV 150139 for the sum of $34,000 in exchange of a complete dismissal of plaintiffs complaint and the City of Santa Cruz’s cross complaint for indemnity
BPWCS

REGULAR AGENDA

38.   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

39.   Public hearing held on proposed benefit assessment/service charges and benefit assessments/service charge reports for County Service Area No. 12, Wastewater Management;

(1) opened public hearing and heard objections or protests, to the proposed benefit assessments/service charges and the proposed 2006-07 assessment/service charge reports for County Service Area No. 12, Wastewater Management; and

(2) closed the public hearing and adopted RESOLUTION NO. 210-2006 Establishing benefit assessments/service charges for County Service Area (CSA) No. 12: Septic System Maintenance, San Lorenzo Wastewater Management (Zone A), and Inspection and Monitoring of Nonstandard Systems; and adopted RESOLUTION NO. 211-2006 confirming assessment/service charge reports for the 2006-07 fiscal year for County Service Area No. 12: Septic System Maintenance (CSA 12), San Lorenzo Wastewater Management (CSA 12A), and Inspection and Monitoring of Nonstandard Sewage Disposal Systems (CSA 12N)
CPBWS

40.   Public hearing held to consider County Service Area No. 4 and County Service Area No. 48 Fire Protection Assessment Service Charge Reports for fiscal year 2006/2007;

(1) opened the public hearing to hear objections or protests, to the proposed CSA 4 and CSA 48 2006/2007 Service Charge Report;

(2) closed the public hearing; and

(3) adopted RESOLUTION NO. 212-2006 Confirming Service Charge Reports for fiscal year 2006/2007 for County Service Area 48 - County Fire Protection and County Service Area 4 - Pajaro Dunes
PCBWS

41.   CONSIDERED Resolution of the Board of Supervisors of Santa Cruz County Authorizing Tax Revenue Anticipation Notes (TRANS) in a principal amount not-to-exceed $43,500,000;

(1) authorized the Auditor-Controller to proceed with necessary actions to secure the 2006-2007 Tax and Revenue Anticipation Notes not to exceed a total of $43,500,000; and

(2) ADOPTED RESOLUTION NO. 213-2006 providing for the borrowing of funds for fiscal year 2006-2007 and the issuance and sale of 2006-2007 Tax and Revenue Anticipation Notes therefore
CPBWS

42.   CONSIDERED Resolution of the Board of Supervisors of Santa Cruz County approving the issuance and sale of 2006 Certificates of Participation Issue and approving related documents and actions in order to finance the construction of Module 4B of the Buena Vista Landfill and costs associated with the Watsonville Superior Court Relocation Project;

the County Administrative Officer advised the Board the correct amount in the resolution should be $9,000,000

(1) ADOPTED RESOLUTION NO. 214-2006 of the Board of Supervisors of the County of Santa Cruz approving issuance and sale of 2006 certificates of participation in the amount of $9,000,000 and approved related documents and actions; and

(2) approved the revised budget estimate of $8.5 million for the construction costs of the Watsonville court tenant improvements, approved the plans and specifications on file with the Clerk of the Board and authorized Devocon, Inc. to proceed with bidding
CPBWS

43.   AS THE BOARD OF DIRECTORS OF THE COUNTY OF SANTA CRUZ PUBLIC FINANCING AUTHORITY, CONSIDERED Resolution of the Board of Directors of the Santa Cruz County Public Financing Authority approving the issuance and sale of 2006 Certificates of Participation Issue and approving related documents and actions in order to finance the construction of Module 4B of the Buena Vista Landfill and the remaining costs associated with the Watsonville Superior Court Relocation Project;

the County Administrative Officer advised the Board the correct amount in the resolution should be $9,000,000

ADOPTED RESOLUTION NO. 215-2006 of the Santa Cruz County Public Financing Authority approving the issuance and sale of 2006 Certificates of Participation in the amount of $9,000,000 and approved related documents and actions
PCBWS

44.   APPROVED reappointment of various individuals to the Workforce Investment Board, as at-large representatives in the categories indicated, for terms to expire June 30, 2010
PCBWS

44.1.   Consideration of proposals with regard to pool safety regulations and enforcement;

directed staff to report back on September 12, 2006 with regard to pool/spa barrier regulations, including a report on the impact of Assembly Bill 2977 and staff recommendations to the Board
WBPCS

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