Santa Cruz County Board of Supervisors Minutes: 6/20/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 17
Tuesday, June 20, 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.		ADDED to the Consent Agenda: Item Nos. 62.1, 62.2, 62.3, 62.4, 62.5 and 62.6 DELETED from the Consent Agenda: Item No. 56 ADDED to Item No. 63, Closed Session Agenda: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street addresses: 901 7th Avenue, Santa Cruz, APN 026-261-16 Property Owners: Maggiolo Family Partnership 905 7th Avenue, Santa Cruz, APN 026-261-17 Property Owners: Linda Fields and Susan Idleman Co-trustee, et al. Negotiating party (not agent): Betsey Lynberg, Redevelopment Agency Director DELETED from the Regular Agenda: Item No. 68.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - one person addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 6, 2006, as recommended by the Clerk of the Board

8.   DELETED ITEM

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.   ADOPTED ORDINANCE NO. 4827 Amending Section 2.92.020 of the Santa Cruz County Code Relating to the Membership of the Hazardous Materials Advisory Commission

11.   ADOPTED ORDINANCE NO. 4828 Correcting Clerical Error in Section 9.57.040 of the Santa Cruz County Code Relating to Abandoned Vehicles on Streets and Highways

12.   REJECTED the claim of Megan N. O'Connor, Claim No. 506-086 and referred to County Counsel

13.   APPROVED five year contract with Bartel Associates, LLC for actuarial services totaling an amount not-to-exceed $43,900, contingent upon approval of sufficient funding in the fiscal year 2006-07 budget and authorized the Auditor-Controller to sign the contract, as recommended by the Auditor-Controller

14.   ADOPTED RESOLUTION NO. 220-2006 accepting and appropriating unanticipated revenue in the amount of $159,451 from various revenue accounts and appropriating funds to the Professional and Special Services Account in the County Library Fund, as recommended by the County Administrative Officer

15.   APPROVED transfer of funds in the amount of $20,000 from Contingencies to the Grand Jury budget, as recommended by the County Administrative Officer

16.   APPROVED recommended changes to County Procedures Manual and approved related actions, as recommended by the County Administrative Officer

17.   APPROVED Amended Payment Schedule (Attachment 2) for the McPherson Center which realigns principal payments to accommodate the Centers cash flow needs without changing the total payment each fiscal year, as recommended by the County Administrative Officer

18.   ACCEPTED AND FILED report on Community Television and approved the Community Television 2006-07 activities plan and budget, as recommended by the County Administrative Officer

19.   ADOPTED RESOLUTION NO. 221-2006 accepting and appropriating $399,770 into the Plant Acquisition Budget Index for construction administration and management services for the animal services facility project, as recommended by the County Administrative Officer

20.   ADOPTED RESOLUTION NO. 222-2006 naming the County Administrator and Emergency Services Administrator as Authorized Agents for the 2006 Homeland Security Grant program and authorized the Emergency Services Administrator to submit associated grant documents, as recommended by the Emergency Services Administrator

21.   ACCEPTED AND FILED report on the 2005 Flood Mitigation Assistance Grant; authorized the Emergency Services Administrator to execute grant documents to accept $526,047 in 2005 Flood Mitigation Assistance grant funds, as recommended by the Emergency Services Administrator

22.   AUTHORIZED the Emergency Services Administrator and Information Services Director to execute a Memorandum of Understanding with the Counties of Santa Clara, Monterey and San Benito for construction and operation of a multi-County Network Infrastructure funded by Urban Area Security Initiative grant funds from the City of San Jose, as recommended by the Emergency Services Administrator

23.   ACCEPTED improvement of the Roof Replacement at 1240 Rodriguez Street as completed; approved final cost in the amount of $14,876; and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

24.   APPROVED five year plan contract for Non-Core natural gas with the State of California - Department of General Services and directed the County Director of General Services to sign the agreement, as recommended by the Director of General Services

25.   APPROVED amendment to the contract with TelNet to extend the contract term to December 31, 2006; authorized the Information Services Department Director to sign the amendment; approved a Request for Proposal (RFP) for network cabling services; and authorized the General Services Department to release the RFP, as recommended by the Information Services Department Director

26.   APPROVED various insurance renewals, as recommended by the Risk Manager and Personnel Director

27.   ADOPTED RESOLUTION NO. 223-2006 determining industrial disability retirement for a safety member, as recommended by the Personnel Director

28.   ACCEPTED nomination of Gerald K. (Skip) Fehr for appointment to the Water Advisory Commission, as an at-large representative of private or mutual water companies, for a term to expire April 1, 2009, with final appointment to be made August 1, 2006, as recommended by Supervisor Pirie

29.   APPROVED appointment of Alice Leyland to the Animal Nuisance Abatement Appeals Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

30.   APPROVED Santa Cruz County Children's Network position on confidential medical services for adolescents, as recommended by Supervisor Stone

31.   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

32.   APPROVED appointment of Leslie Tremaine as Mental Health Director, effective September 1, 2006, as recommended by the Health Services Agency Director

33.   APPROVED amendment to agreement with Creegan + D'Angelo Engineers extending the term to June 30, 2007 for engineering services related to sewering the Greater Pasatiempo Area and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

34.   APPROVED amendment to the agreement with the City of Santa Cruz for disposal of septage at the City of Santa Cruz Wastewater Treatment Facility extending the term to June 30, 2007 and authorized the County Administrative Officer to sign; and directed the Health Services Agency to negotiate a new agreement with the City of Santa Cruz and return for approval no later than January 23, 2007, as recommended by the Health Services Agency Director

35.   APPROVED contract with Bay Building Janitorial, Incorporated in an amount not-to-exceed $35,448, as recommended by the Human Resources Agency Director

36.   AUTHORIZED the Human Resources Agency Director to sign contract with Tony Gardner Consulting in the amount of $31,318 for preparation of the 2007-08 HUD Homeless Assistance funding application, and to provide year-round support for the Homeless Action Partnership, as recommended by the Human Resources Agency Director

37.   APPROVED agreements with UC Davis for a total sum of $286,110 for staff development training in fiscal year 2006-07, and authorized the Human Resources Agency Director to sign the agreements, contingent upon the Board's approval of the proposed Human Resources Agency fiscal year 2006-07 Budget during hearings, as recommended by the Human Resources Agency Director

38.   AUTHORIZED the Human Resources Agency Director to sign a contract with Applied Survey Research in the amount of $104,650 to conduct an outcomes evaluation pilot project, contingent upon the Board's adoption of the proposed Human Resources Agency 2006-07 budget; and directed the Human Resources Agency to work with the Human Services Commission to provide advisory oversight to the evaluation project, and report back to the Board on the status of the evaluation project in March 2007, as recommended by the Human Resources Agency Director

39.   APPROVED amendment to contract with First Data Government Solutions, Incorporated to extend the ending date to August 31, 2006, and authorized the Human Resources Agency Director to sign the agreement, as recommended by the Human Resources Agency Director

40.   APPROVED amendment to agreement with Peterson Tractor Company for heavy equipment and fleet maintenance services by increasing the compensation by $50,000 for fiscal year 2005-06 for a not-to-exceed total of $250,000 and by approving the increased rate schedule dated April 1, 2006, and authorized the Director of Public Works to sign the amendment on behalf of the County, as recommended by the Director of Public Works

41.   CONTINUED TO JUNE 22, 2006 report on the San Lorenzo Valley Trail Feasibility study

42.   APPROVED the 2006 edition of the County Design Criteria and directed Public Works to post the Design Criteria on the County's internet site, as recommended by the Director of Public Works

43.   APPROVED final map of Tract 1506, Capitola Gardens No. 2; authorized the Director of Public Works to sign the Subdivision Agreement; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

44.   SEE ITEM NO. 68.2 REGULAR AGENDA

45.   ACCEPTED AND FILED report on the three 2006 storm damage federal aid emergency projects, Bear Creek Road and Soquel San Jose Road and directed Public Works to return with a project status report on August 1, 2006, as recommended by the Director of Public Works

46.   APPROVED plans and specifications and engineer's estimate for the Chanticleer Avenue Improvements, Brommer Street to Harper Street project; authorized calling for bids; set the bid opening for 2:15 p.m. on July 13, 2006, in the Department of Public Works conference room; directed Public Works to return on or before August 1, 2006, with a recommendation for award of contract; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

47.   APPROVED contract change order No. 4 in the amount of $52,693.50 for the Soquel Avenue Overlay and Sewer Replacement project; authorized the Chairperson of the Board to sign the change order on behalf of the County; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

48.   APPROVED road closure and permit for the Aptos 4th of July Parade and directed Public Works to issue the parade permit, as recommended by the Director of Public Works

49.   APPROVED independent contractor agreements with Catholic Healthcare West, dba Dominican Hospital, for expansion of the hospital's worm composting program in the not-to-exceed amount of $2,400 and with Mission Springs Camps and Conference Center for expansion and promotion of its recycling program in the not-to-exceed amount of $2,500 and authorized the Director of Public Works to sign the agreements on behalf of the County, as recommended by the Director of Public Works

50.   APPROVED contract change order No. 18 in the amount of $28,246.94 for the El Rancho Drive Storm Damage Repair at Highway 17 Beulah Park Undercrossing project and deferred adjusting the time of completion; authorized the Chairperson of the Board to sign the change order on behalf of the County; and directed the Clerk of the Board to take related action, as recommended by the Director of Public Works

51.   ACCEPTED improvement for the Valencia Road Storm Damage Repair project; approved final cost in the amount of $280,420.33; and authorized the Clerk of the Board to take related action, as recommended by the Director of Public Works

52.   FOUND that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency repair of storm damage on Vine Hill Road; authorized the Director of Public Works to waive advertising for bids; authorized the award of the emergency repair project to the lowest responsible bidders; adopted RESOLUTION NO. 224-2006 accepting unanticipated revenues from the Federal Emergency Management Agency in the amount of $382,500 and the State Office of Emergency Services in the amount of $127,500; directed Public Works to report back to the Board on August 1, 2006, with an emergency project status and funding update, as recommended by the Director of Public Works

53.   APPROVED permit conditions for the July 23, 2006, Tour d'Organics Bike Ride event and directed the Public Works Department to issue the ride permit, as recommended by the Director of Public Works

54.   ACCEPTED low bid from Cazador Engineering in the amount of $107,200 for the Valencia Road Culvert Retrofit project; authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

55.   AUTHORIZED calling for bids for the 2006 Graham Hill Road Traffic Signal Improvement project (plans and specifications approved on May 16, 2006); set the bid opening for 2:15 p.m. on July 20, 2006, in the Public Works Department conference room; directed the Clerk of Board to take related actions, and directed Public Works to return on or before August 8, 2006, with a recommendation for award of contract, as recommended by the Director of Public Works

56.   DELETED ITEM

57.   ACCEPTED low bid of Granite Construction Company in the amount of $2,637,637 for the 2005/2006 Overlay Project; authorized award of contract; authorized the Director of Public Works to sign the contract on behalf of the County; approved reimbursement agreement between the City of Santa Cruz Water Department and the County of Santa Cruz in the amount of $28,245 for costs related to the City's items on the 2005/2006 Overlay Project; approved reimbursement agreement between the Soquel Creek Water District and the County of Santa Cruz in the amount of $24,123.75 for costs related to Soquel Creek Water District's items on the 2005/2006 Overlay Project; adopted RESOLUTION NO. 225-2006 accepting and appropriating unanticipated revenue in the amount of $28,245 from the City of Santa Cruz Water Department; adopted RESOLUTION NO. 226-2006 accepting and appropriating unanticipated revenue in the amount of $24,123.75 from the Soquel Creek Water District; adopted RESOLUTION NO. 227-2006 accepting unanticipated revenue in the amount of $200,000 from the California Integrated Waste Management Board, as recommended by the Director of Public Works
WPB(C)S (Supervisor Campos abstained because he owns stock in Granite Construction)

58.   ADOPTED RESOLUTION NO. 228-2006 authorizing the Cultural Council of Santa Cruz County to be the designated representative to the California Arts Council, as recommended by the Director of Parks, Open Space and Cultural Services

59.   ACCEPTED Veterans Memorial Building Remodel improvements as completed; approved final cost of the project in the amount of $281,993.59 and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

60.   ACCEPTED Aldridge Lane Park surfacing as completed; approved final cost of the project in the amount of $14,500 and authorized the Clerk of the Board to take related action, as recommended by the Director of Parks, Open Space and Cultural Services

61.   SEE ITEM NO. 68.1 REGULAR AGENDA

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $2,841,710.10 for the cost of the 2005/2006 Overlay Project and approved related actions, as recommended by the Redevelopment Agency Administrator

62.1.   AUTHORIZED the Brown's River Bindery multi-year contract and increased the levels of compensation to $75,000 for 2005-06 and the anticipated cost amount of $100,000 for 2006-07 and hereafter, contingent on Board of Supervisor's approval at Budget Hearings, as recommended by the County Assessor-Recorder

62.2.   APPROVED agreement in the amount of $86,023 with the City of Watsonville for reimbursement of SCARE task force-related expenditures for fiscal year 2005-06; directed the Auditor-Controller to reimburse the City of Watsonville for claims for eligible expenditures; and directed the District Attorney's Office to report back on or before September 12, 2006 with a budget and agreement for the fiscal year 2006-07 program, as recommended by the District Attorney

62.3.   APPROVED appointment of Wesley Van Camp to the Child Care Planning Council, as a representative of consumers, for a term to expire April 1, 2009, as recommended by Supervisor Stone

62.4.   APPROVED appointment of Albert Aramburu to the Planning Commission, on an acting basis, effective July 1, 2006, for a term to expire January 5, 2009, as recommended by Supervisor Pirie

62.5.   REJECTED all bids for the Valencia Creek Fish Ladder project, and directed Public Works to return on or before March 6, 2007, to re-advertise the Valencia Creek Fish Ladder project, as recommended by the Director of Public Works

62.6.   REJECTED the claim of Hillary L. Falconer, Claim No. 506-090 and referred to County Counsel

63.   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.: County of Santa Cruz, Department of Public Works and Service Employees International, Local 415, Grievance No. 451 (Bulletin Boards)

Case Name/No.: P.A. Wilson v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 149371: First Commercial Finance v. County of Santa Cruz, Superior Court Case No. CV 151195 (Petition for Relief from Claims Presentation Requirement) and related Appellate Court appeal; and First Commercial Finance v. County of Santa Cruz, Superior Court Case No. CV 151443

Claim Name/No.: In re Keith Loving and Kiersten Elzy - Loving, Claim No. 506-084

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property Address: 901 7th Avenue, Santa Cruz, APN 026-261-16

Property Owners: Maggiolo Family Partnership

905 7th Avenue, Santa Cruz, APN 026-261-17

Property Owners: Linda Fields and Susan Idleman Co-Trustee, et al.

Negotiating party (not agent): Betsey Lynberg, Redevelopment Agency Director

REPORT OF COUNTY COUNSEL - In the matter of In re Keith Loving and Kiersten Elzy, Claim No. 506-084, the Board of Supervisors unanimously authorized County Counsel to reject this claim
BPWCS

REGULAR AGENDA

64.   Public hearing held to consider adding Chapter 7.31 to the County Code to establish a moratorium prohibiting the planting and production of genetically engineered crops in Santa Cruz County;

(1) conducted a public hearing and approved the first reading of the proposed Ordinance amending the Santa Cruz County Code adding Chapter 7.31 that would establish a moratorium prohibiting the planting and production of genetically engineered crops in Santa Cruz County to return on August 1, 2006 for final adoption;

(2) closed public hearing;

(3) found that the Ordinance is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15308 as an action to protect the environment and directed staff to file CEQA Notice of Exemption with the Clerk of the Board;

(4) with additional direction to send a copy of the ordinance and the report to all other Counties in the State of California urging them to adopt a similar ordinance; and also send a copy of the ordinance and the report to the State Legislators urging them to use it as the basis for State Legislation
WPBCS

65.   Public hearing held to consider proposed Assessment District 06-01, Rolling Woods Water Distribution System;

(1) opened public hearing to hear objections or protests, to the proposed Assessment District No. 06-01, Rolling Woods Water Distribution System;

(2) closed public testimony portion of the public hearing;

(3) continued the public hearing to allow for tabulation and certification of the assessment ballots;

(4) reopened the public hearing;

(5) accepted the certification of the results of the balloting and directed the Director of Public Works to retain the ballots for at least six months following the certification;

(6) ADOPTED RESOLUTION NO. 229-2006 Adopting Engineer's Report, Confirming the Assessment and Directing Actions with Respect Thereto;

(7) ADOPTED RESOLUTION NO. 230-2006 Authorizing Issuance of Bonds, Approving and Directing the Execution of a Fiscal Agent Agreement and Related Documents;

(8) ADOPTED RESOLUTION NO. 231-2006 Accepting and Appropriating Unanticipated Revenue from the sale of bonds in the amount of $972,010;

(9) ADOPTED RESOLUTION NO. 232-2006 Accepting and Appropriating Unanticipated Revenue from Scotts Valley Fire District in the amount of $65,000;

(10) directed the Clerk of the Board to publish the notice to pay assessments once a week for two weeks beginning June 25, 2006, in a newspaper of general circulation;

(11) authorized the award of the construction contract to Pacific Underground Construction, Inc. contingent on the receipt of the bond revenue;

(12) authorized the Director of Public Works to sign the contract on behalf of the County;

(13) with additional direction to add recommendation No. 13 to read: "authorized the Director of Public Works to grant Anderson Pacific Construction's request to withdraw their bid due to an error made in the bids preparation"
PCBWS

66.   Public hearing held on the proposed 2006-2007 Service Charge report for County Service Area No. 7, Boulder Creek;

(1) opened public hearing to hear objections or protests, to the proposed 2006/2007 sewer service charge report for County Service Area (CSA) No. 7, Boulder Creek;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 233-2006 Confirming the Sewer Service Charge Report for 2006/2007 for County Service Area No. 7, Boulder Creek
WPBCS

67.   Public hearing held on the proposed Benefit Assessment/Rate Reports for Mosquito and Vector Control, County Service Area (CSA) No. 53;

(1) opened public hearing to hear objections or protests, to the proposed 2006/2007 County Service Area No. 53, North County Mosquito and Disease Control benefit assessment/rate report and to the South County benefit assessment/rate reports;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 234-2006 Approving Engineer's Report and Rate Report, Confirming Diagram and Assessment, and Ordering Levy of the Previously Established North County Mosquito and Disease Control Assessment, County Service Area No. 53 for Fiscal Year 2006-2007;

(4) ADOPTED RESOLUTION NO. 235-2006 Confirming Assessment Rate Reports for the 2006/2007 Fiscal Year for South County Mosquito and Disease Control Assessment and Mosquito Abatement/Vector Control Assessment for County Service Area No. 53
PCBWS

68.   APPROVED reappointment of Sue LaForge as an at-large appointee to the Workforce Investment Board, representing Title V of the Older Americans Grant Programs, in accordance with County Code Section 2.110.020, for a term to expire June 30, 2010
PCBWS

68.1.   DELETED ITEM

68.2.   REJECTED the bid for the Amesti Elementary School Pedestrian and Bicycle Safety Project at Green Valley Road, and directed Public Works to return on or before September 26, 2006, with information on the availability of grant funding, as recommended by the Director of Public Works
PWBCS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS