Santa Cruz County Board of Supervisors Minutes: 8/22/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 21
Tuesday, August 22, 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.		Supervisor Campos present only for the 1:30 p.m. Regular Agenda
2.		Moment of Silence and Pledge of Allegiance
3.		DELETED from Item No. 57, Closed Session Agenda: CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property street address: Excess County Road Right-of Way Adjacent to 6851 Soquel Drive, Aptos; APN: 039-062-05; Property Owner: County of Santa Cruz; Proposed Buyer: BK Properties; Negotiating Party: Peter Porfido, Real Property Division, Public Works ADDED to Item No. 57, Closed Session Agenda: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Case Name/No.: Michael Shaw et al. v. County of Santa Cruz et al., Santa Cruz County Superior Court No. CV 141711 Item No. 58, CONTINUED to 1:30 p.m. from the 9:00 a.m. or thereafter Regular Agenda Item No. 59, CONTINUED to 1:30 p.m. from the 9:00 a.m. or thereafter Regular Agenda
4.		(1) Action on the Consent Agenda (2) Motion to reconsider action on Consent Agenda (3) Action on the Consent Agenda as Amended
5.		ORAL COMMUNICATIONS - one person addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of August 8, 2006 as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of August 10, 2006 through August 16, 2006 and approved upon adoption of the 2006/2007 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 Laura S. Rodriguez, Claim No. 607-006, and referred to County Counsel

11.   REJECTED the claim of Barbara Saldinger, Claim No. 607-005, and referred to County Counsel

12.   REJECTED the claim of Joseph W. Barcos, Claim No. 607-003, as insufficiently filed, and referred to County Counsel

13.   REJECTED the application to file a late claim on behalf of Valerie Promise, Claim No. 607-009, and referred to County Counsel

14.   ADOPTED ORDINANCE NO. 4832 Repealing and Readopting Chapter 9.08 of the Santa Cruz County Code (Speed Limits)

15.   ADOPTED RESOLUTION NO. 259-2006 fixing and levying the 2006-2007 tax rates, pursuant to the State Constitution, as recommended by the Auditor-Controller

16.   APPROVED endorsement amending the Group Deferred Compensation Annuity Contract with Great West Life and authorized the County Administrative Officer to sign on behalf of the County, as recommended by the Chair of the Deferred Compensation Advisory Commission

17.   ADOPTED RESOLUTION NO. 260-2006 rescinding Resolution No. 168-2006 and approving neutral position on Senate Bill 1206 based on the amendments to the Bill as of August 8, 2006 and directed the Clerk of the Board to distribute the resolution, as recommended by the County Administrative Officer

18.   ACCEPTED AND FILED report on poll worker recruitment and poll worker pay; adopted RESOLUTION NO. 261-2006 amending Resolution No. 247-76 to update Section 165.1 Elections (Special Pay), as recommended by the County Clerk

19.   APPROVED Transfer of Funds in the amount of $15,130 in the 2003 Homeland Security Part I budget for acquisition of two digital projectors, as recommended by the Emergency Services Administrator

20.   APPROVED the renewal of the County Master Independent Contractor Agreement with Mission Linen for laundry services and approved related actions, as recommended by the Director of General Services

21.   APPROVED contract with Community Action Board of Santa Cruz County for Gemma program start-up and implementation services for an amount not-to-exceed $200,000 for Fiscal Year 2006-2007, and authorized the Chief Probation Officer to sign the agreement on behalf of the County, as recommended by the Chief Probation Officer

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

23.   APPROVED appointment of Gustavo Gonzalez to the Planning Commission, as the Fourth District Commissioner, for a term to expire January 8, 2007, as recommended by Supervisor Campos

24.   ADOPTED RESOLUTION NO. 262-2006 endorsing H.R. 676, comprehensive health insurance for all United States residents, as recommended by Chair Stone

25.   ADOPTED RESOLUTION NO. 263-2006 supporting the passage of Senate Bill 1496; adopted RESOLUTION NO. 264-2006 supporting the passage of Senate Bill 1675; adopted RESOLUTION NO. 265-2006 supporting the passage of Senate Bill 1753; adopted RESOLUTION NO. 266-2006 supporting the passage of Assembly Bill 1970; adopted RESOLUTION NO. 267-2006 supporting the passage of Assembly Bill 2021; adopted RESOLUTION NO. 268-2006 supporting the passage of Assembly Bill 2160; and adopted RESOLUTION NO. 269-2006 supporting the passage of Assembly Bill 2576, relating to energy issues, as recommended by Chair Stone

26.   DIRECTED the Clerk of the Board to post a notification of a vacancy on the Monterey Bay Unified Air Pollution Control District Hearing Board, for a public member representative, with nominations to be considered by the Board on October 3, 2006, as recommended by Chair Stone

27.   ADOPTED RESOLUTION NO. 270-2006 supporting the passage of Senate Bill 1231; and adopted RESOLUTION NO. 271-2006 supporting the passage of Assembly Bill 1469, concerning mobilehome parks, as recommended by Chair Stone

28.   SEE ITEM NO. 61.1 REGULAR AGENDA

29.   SEE ITEM NO. 61.2 REGULAR AGENDA

30.   APPROVED agreement with Triton Construction in the amount of $117,600 for petroleum contamination remediation services at 950 W. Beach Street and authorized the Health Services Agency Director to sign; and authorized the Health Services Director to sign subsequent amendments to the agreement up to an amount approved by the State Water Resources Control Board, as recommended by the Health Services Agency Director

31.   APPROVED agreement with Central Coast Alliance for Health in the amount of $250,000 for health planning activities and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

32.   ACCEPTED AND FILED report regarding amendment of the County well ordinance and directed the Health Services Agency to return with recommendations for amendment not later than October 24, 2006, as recommended by the Health Services Agency Director

33.   APPROVED agreement with Front Street Incorporated to provide for a new program in the amount of $884,541 for Drake House treatment services and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

34.   SEE ITEM NO. 61.3 REGULAR AGENDA

35.   APPROVED the contract with Appleby and Company Incorporated to provide imaging services in the estimated amount of $150,000; adopted RESOLUTION NO. 272-2006 accepting and appropriating unanticipated revenue in the amount of $257,609 and authorized the Human Resources Agency Director to take related actions, as recommended by the Human Resources Agency Director

36.   APPROVED an amendment to Community Program contract with Homeless Services Center for Fiscal Year 2006-2007 and authorized the Human Resources Agency Director to execute the amendment; and approved the transfer of budget appropriations from the Homeless Community Resource Center to the Homeless Services Center in order to implement a consolidation of homeless services, as recommended by the Human Resources Agency Director

37.   APPROVED independent contractor agreement with Pacific Crest Engineering, Incorporated for soil engineering for the Graham Hill Road Improvement Project for a not-to-exceed amount of $25,570; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

38.   APPROVED specifications and engineer's estimate for the Underground Storage Tank Sump and Fuel System Monitor Upgrade Project and authorized calling for bids; set the bid opening for 2:15 p.m. on September 21, 2006, in the Department of Public Works conference room; directed Public Works to return on or before October 3, 2006, with a recommendation for award of contract; and amended staff recommendation No. 3 to read: direct the Clerk of the Board to advertise the Notice to Contractors, for a ten-day period beginning August 27, 2006, in accordance with the provisions of Public Contract Code Section 20392
PBWCS

39.   ACCEPTED low bid of Granite Construction Company in the amount of $409,409 for the Chanticleer Avenue Improvements Brommer Street to Harper Street; authorized the award of contract; adopted RESOLUTION NO. 273-2006 accepting and appropriating unanticipated revenue in the amount of $4,815 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 to reimburse the County for costs related to the SCWD's items on the project; and approved related actions, as recommended by the Director of Public Works
WPB(C)S

40.   ACCEPTED the improvements and approved the final cost of $283,032.00 for the Soquel San Jose Road Storm Damage Repair Project and approved related action, as recommended by the Director of Public Works

41.   ACCEPTED AND FILED report on the 2006 Graham Hill Road Traffic Signal Improvement Project, and directed the Department of Public Works to return on September 12, 2006, with a contract recommendation, as recommended by the Director of Public Works

42.   AUTHORIZED payment in the amount of $841.81 to Dixon and Son Tires, Incorporated for tire repair and replacement services completed in the 2002/2003 Fiscal Year, as recommended by the Director of Public Works

43.   APPROVED amendment to agreement with 123 Engineering, Incorporated for the Paulsen-Whiting Road Bridge No. 36C-0123 Replacement Project over Green Valley Creek by adding an assistant resident engineer to the scope of work, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 274-2006 approving and accepting the terms and conditions of the Vine Hill Road Storm Damage Repair Project property acquisition agreement; authorized the Director of Public Works to sign said agreement on behalf of the County; and approved payment of claim for the agreement, as recommended by the Director of Public Works

45.   ACCEPTED AND FILED report on emergency repairs to Cathedral Drive, and directed Public Works to return with a project status report on September 12, 2006, as recommended by the Director of Public Works

46.   ACCEPTED AND FILED report on the emergency repairs to Vine Hill Road, and directed Public Works to return with a project status report on September 12, 2006, as recommended by the Director of Public Works

47.   SEE ITEM NO. 61.4 REGULAR AGENDA

48.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, DENIED request for a reduction in the width of a proposed sewer easement width of Assessor Parcel Numbers 49-221-20, 49-221-30 and 49-221-57 but allow the easement areas to remain unpaved, as recommended by the District Engineer

49.   SCHEDULED a public hearing on the morning agenda of September 26, 2006, to consider the 2007 Growth Goal, as recommended by the Planning Director

50.   SCHEDULED a public hearing for the morning agenda on September 12, 2006, to consider Application No. 06-0432, a proposal to amend Development Permit 04-0039 for the Parkhurst Terrace affordable housing development located at 6100 Freedom Boulevard in the Aptos Hills Planning Area, to add an accessible path to the public bus stop in the front of the site, as recommended by the Planning Director

50.1.   APPROVED the Redevelopment Agency's purchase of 522 Capitola Road Extension (Assessor's Parcel Number 026-081-29), for use by the Gemma project, as recommended by the Planning Director

51.   ADOPTED RESOLUTION NO. 275-2006 accepting offers to dedicate easements at Sunny Cove in coastal Live Oak; and directed the Clerk of the Board to take 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, ADOPTED RESOLUTION NO. 276-2006 amending the Agency's Conflict of Interest Code; and authorized the Redevelopment Agency Executive Director to sign and submit the Code; and directed the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator

53.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $540,787.63 for the construction of the Chanticleer Avenue Improvement Project (Brommer Street to Harper Street); adopted RESOLUTION NO. 277-2006 accepting and appropriating unanticipated revenue totaling $40,000 from the Redevelopment Agency Capitol Projects Bond Proceeds Reserves; and approved related actions, as recommended by the Redevelopment Agency Administrator

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED contract for an amount not-to-exceed $55,000 with Rutan and Tucker for Housing Legal Services for Fiscal Year 2006/2007, as recommended by the Planning Director

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ADOPTED RESOLUTION NO. 278-2006 authorizing funding of Redevelopment Agency Housing Funds to Mid Peninsula Parkhurst Associates for the Parkhurst Terrace and approved related actions, as recommended by the Planning Director

56.   SEE ITEM NO. 61.5 REGULAR AGENDA

56.1.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, ACCEPTED AND FILED report on the Gemma project; authorized up to $414,799 in Redevelopment Agency Housing Funds to acquire 522 Capitola Road Extension through the Measure J Preservation Program to utilize the property for the Gemma program; directed the Planning Director to return on or before February 6, 2007 with a proposed lease agreement with Community Action Board/Gemma for use and management of the property; and approved related actions, as recommended by the Planning Director

57.   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.: Ernestina Saldana, et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 149432; Sixth District Court of Appeal Case No. H028899

Case Name/No.: Michael Shaw et al. v. County of Santa Cruz et al., Santa Cruz County Superior Court No. CV 141711

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street addresses: Vacant County Parcel Adjacent to 1467 Hartman Avenue, Ben Lomond

APN: 078-223-09

Property Owner: County of Santa Cruz

Proposed Buyer: Sadie and Vern Furness

Negotiating Party: Peter Porfido, Real Property Division, Public Works

Property street addresses: Parcel Adjacent to 150 Glenwood Road, Boulder Creek

APN: 083-035-03

Property Owner: County of Santa Cruz

Proposed Buyer: Mr. and Mrs. Mork

Negotiating Party: Peter Porfido, Real Property Division, Public Works

REPORT OF COUNTY COUNSEL - The Board voted unanimously, with Supervisor Campos being absent, to refrain from seeking appellate review in Ernestina Saldana, et al. v. County of Santa Cruz, et al., Santa Cruz County Superior Court Case No. CV 149432; Sixth District Court of Appeal Case No. H028899
BPW/C/S

REGULAR AGENDA

58.   Jurisdictional hearing held to consider the appeal of the Planning Commission's decision to deny Application 04-0255 (Coastal Development Permit to construct a three-story, 5,800 square foot house on Beach Drive); Assessor Parcel No.: 043-152-56; Appellant: Michael & Deborah Collins (property owners, rep. by Gerald Bowden, Esq.); Applicant: Jim Mosgrove, Architect; Owner: Michael & Deborah Collins;

(1) accepted the appeal and took jurisdiction for further review;

(2) scheduled a public hearing for September 19, 2006; and

(3) directed the Clerk of the Board to provide written and published noticed as required by County Code Section 18.10.340(e)(1)
PC(B)WS Supervisor Beautz abstained because her husband is a Civil Engineer and worked on this project

59.   CONTINUED TO SEPTEMBER 12, 2006 the Selection Committee report for Refuse, Recycling and Yardwaste Collection and Processing Service, and related actions
PBWCS

60.   CONTINUED TO SEPTEMBER 12, 2006 report on helicopter medical transportation; with additional direction that staff provide a trauma report summary and information about cost shifting, criteria for transport and statistical data
BPW/C/S

61.   APPROVED reappointment of Ann Butler to the Assessment Appeals Board, as an at-large representative, for a term to expire September 4, 2009
PWB/C/S

61.1.   APPROVED staff recommendations with modifications as follows:

(1) ADOPTED RESOLUTION NO. 279-2006 accepting and appropriating $41,300 in unanticipated revenue into the Zone 4 budget for contributions of other agencies to the 2006 Stream Habitat and Juvenile Salmonid Monitoring Program;

(2) authorized the expenditure in the amount of $19,900 from Zone 4 to contribute to the monitoring program and clarified that the Lompico County Water District will contribute up to fifty percent of their share of the effort of Lompico Creek with Zone 4 picking up the remaining $900 cost;

(3) approved agreement with DW Alley and Associates in the amount of $55,800 for the monitoring program and authorized the Health Services Agency Director to sign agreement

PWB/C/S

61.2.   ADOPTED RESOLUTION NO. 280-2006 accepting and appropriating $239,100 in unanticipated grant revenue for One-E-App enhancements into the Health Benefits budget; approved amendment to the agreement with the Center to Promote HealthCare Access increasing the maximum amount by $239,100 for One-E-App enhancements and authorized the Health Services Agency Director to sign agreement; with additional direction that staff provide the Board with information on how many people, and in what income categories will be affected by the increase in the health fee kid premium
WPB/C/S

61.3.   ACCEPTED AND FILED report on the Emergency Medical Care Commission's Forum on the County's capacity and readiness to handle health and other disasters; directed the Office of Emergency Services Administrator and the Health Services Agency Director to report back on the implementation plan on October 24, 2006; approved the creation of a Subcommittee to the Emergency Management Council; and approved related actions; with additional direction that the County Administrative Officer, Emergency Services, County Counsel and Planning return on November 21, 2006 with a report on policies and procedures for emergency preparedness in the County
BPW/C/S

61.4.   APPROVED independent contractor agreement with Dynamic Consultants Incorporated, of Mountain View for field and laboratory testing services for the 2005/2006 Overlay Project in the not-to-exceed amount of $32,000, and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works
BPW/C/S

61.5.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED financing of testing services contract for the 2005/2006 Overlay Project in the amount of $34,240; and approved related actions, as recommended by the Redevelopment Agency Administrator
BWP/C/S

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