Santa Cruz County Board of Supervisors Minutes: 12/12/2006

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2006, NUMBER 32
Tuesday, December 12, 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 Beautz absent
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to Consent Agenda: Item No. 55.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 21, 2006, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 30, 2006 through December 6, 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.   ADOPTED ORDINANCE NO. F-10 Amending District Code Title 3 Article VIII, Adding Section 3.04.671 to the Freedom County Sanitation District Code to provide for reimbursement and repayment fees where sewer facilities are constructed by the District

11.   ADOPTED ORDINANCE NO. 4847 Amending Subdivision M. of Section 9.28.020 of the Santa Cruz County Code Relating to Stop Intersections

12.   REJECTED the claim of Debra Sue Ortega, Claim No. 607-041 and referred to County Counsel

13.   REJECTED the claim of Christopher Kim, Claim No. 607-043 and referred to County Counsel

14.   REJECTED the claim of Monique Hayes, Claim No. 607-044 and referred to County Counsel

15.   REJECTED the claim of Hector Manuel Delgado, Claim No. 607-045 and referred to County Counsel

16.   DENIED the application to file a late claim on behalf of Keenan and Associates for Melinda Cater, Claim No. 607-047 and referred to County Counsel

17.   APPROVED Program Management Agreement with Griffin Structures, Incorporated for a Guaranteed Maximum Price of $10,060,166 for the Watsonville Court Project; approved low bid awards and authorized Griffin Structures, Incorporated through the Construction Manager Devcon, Incorporated to enter into agreements with each of the successful bidders; adopted RESOLUTION NO. 395-2006 accepting and appropriating unanticipated revenue in the amount of $1,882,752; adopted RESOLUTION NO. 396-2006 accepting and appropriating unanticipated revenue in the amount of $274,485; adopted RESOLUTION NO. 397-2006 accepting and appropriating unanticipated revenue in the amount of $1,160,000; and approved related actions, as recommended by the County Administrative Officer

18.   APPROVED agreement with the Santa Cruz Consolidated Emergency Communications Center to provide pre-alerting and incident notification services in the amount of $11,100 annually, and authorized the Emergency Services Administrator to execute the agreement on behalf of County Fire, as recommended by the Emergency Services Administrator

19.   AWARDED a contract to Geo. H. Wilson, Incorporated in the amount of $48,950 for the Ductwork Replacement Project at 1430 Freedom Boulevard, Suite 101 and directed the Clerk of the Board to take related actions, as recommended by the Director of General Services

20.   APPROVED completion of the Roof Replacement at the Medium Security Facility; approved final cost in the amount of $320,000 and authorized the Clerk of the Board to take related action, as recommended by the Director of General Services

21.   ACCEPTED status report on the Energy Efficiencies Project at the Government Center Complex and scheduled a public hearing on the morning of February 6, 2007 to consider award of an energy services contract for the project, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 398-2006 determining industrial disability retirement for a safety member, as recommended by the Personnel Director

23.   APPROVED transfer of $3,000 of appropriations in Services and Supplies to Fixed Assets in Probation Index 574100 and approved fixed asset purchase of personal computers and related peripheral equipment, as recommended by the Chief Probation Officer

24.   APPROVED transfer of $6,000 of appropriations in Services and Supplies to Fixed Assets in Probation Index 574000 and approved fixed asset purchase of modular furniture workstations for Probation Department, as recommended by the Chief Probation Officer

25.   APPROVED purchase of an Olympus BH-2 Research Microscope for the Coroner's Unit in the amount of $5,000; adopted RESOLUTION NO. 399-2006 accepting and appropriating $5,000 in unanticipated State Asset Forfeiture Trust Funds to complete this purchase, as recommended by the Sheriff-Coroner

26.   APPROVED appointment of Chris Fitzgerald to the Mental Health Advisory Board, in the category of consumer/family, for a term to expire April 1, 2009, as recommended by Supervisor Pirie

27.   APPROVED reappointment of Robert Taren to the Civil Service Commission for a term to expire December 31, 2010, as recommended by Supervisor Wormhoudt

28.   APPROVED reappointment of Patricia Fink to the Civil Service Commission for a term to expire December 31, 2010, as recommended by Supervisor Campos

29.   APPROVED appointment of Jeanette Garcia to the Deferred Compensation Advisory Commission, as the representative of the Personnel Department, 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. 400-2006 accepting and appropriating unanticipated revenue in the amount of $688,886 into the Mental Health budget; authorized expenditure of $147,100 for renovation of the mental health treatment space in the main jail; approved agreement with Volunteer Center with a maximum amount of $1,173,195; Volunteer Center with a maximum amount of $146,471, Parents Center with a maximum amount of $908,430, and Pajaro Valley Prevention Student Assistance with a maximum amount of $891,140; and approved related actions including a February 27, 2007 report back on Proposition 63, the Mental Health Services Act, as recommended by the Health Services Agency Director

32.   APPROVED the preparation of Sandhills Management Plan for Quail Hollow Park by the County Parks Department in the amount of $4,888; authorized the transfer of funds; adopted RESOLUTION NO. 401-2006 accepting and appropriating unanticipated revenue in the amount of $4,888; and approved related actions; with an additional direction that staff return with the completed plan and a recommendation on how to proceed

33.   ACCEPTED AND FILED report on actions related to Medicare and Medicaid services reimbursements (Locality 99) and directed the Health Services Agency to return with an updated report no later than February 27, 2007, as recommended by the Health Services Agency Director

34.   ACCEPTED AND FILED report on disposal options for medicine and sharps waste generated by households; directed the Health Services Agency and Public Works to prepare and distribute information on the proper handling and disposal of household medicines and sharps waste to County residents, doctors and pharmacies; and directed the Health Services Agency and Public Works to report back on the feasibility of using County facilities as household medical waste drop-off sites on or before March 20, 2007, as recommended by the Health Services Agency and Public Works Director

35.   AUTHORIZED the Health Services Agency to submit the Informatics Capacity grant proposal to the Robert Wood Johnson Foundation Common Grounds Program, and authorized the Health Services Agency Director to sign the Request for Project Support and Conditions of Grant in the amount of $29,996 to the Robert Wood Johnson Foundation, as recommended by the Health Services Agency Director

36.   ACCEPTED AND FILED report on Proposition 50 grants for County water projects, as recommended by the Health Services Agency Director and Director of Public Works

37.   ADOPTED RESOLUTION NO. 402-2006 rescinding Resolution No. 183-2006 and authorizing the Multipurpose Senior Services Program for July 1, 2006 through June 30, 2007; authorized the Human Resources Agency Director to execute MSSP Contract Amendment 1 with the California Department of Aging in the amount of $857,000 for fiscal year 2006/2007 on behalf of the County; and authorized a $4,000 contribution to match the California Social Work Education Center and Archstone Foundation contribution for student internship stipends, as recommended by the Human Resources Agency Director

38.   ACCEPTED AND FILED report on the Temporary Assistance to Needy Families Reauthorization provisions; authorized the Human Resources Agency Director to submit an addendum to the CalWORKs Plan to the State; and directed the Human Resources Agency Director to return during 2007/2008 Budget Hearings with a status report on the CalWORKs initiatives that were implemented, as recommended by the Human Resources Agency Director

39.   CONTINUED TO JANUARY 23, 2007 report on disaster response issues; with an additional direction to include specific plans for relocating people who are in a correctional, medical or other type of care facility, who are vulnerable and helpless in disaster response situations

40.   SEE ITEM NO. 61.1 REGULAR AGENDA

41.   APPROVED amendment to agreement with West Coast Rubber Recycling, Incorporated for used tire and miscellaneous rubber product recycling services by amending the fee schedule to include miscellaneous scrap rubber and increasing the contract by $5,000 for a total revised contract cost not-to-exceed $30,000; and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

42.   APPROVED proposed mitigation conceptual strategy for development within the Zayante Sandhills using the Zayante Sandhills Conservation Bank and approved related actions, as recommended by the Planning Director

43.   SCHEDULED a public hearing on Tuesday, January 23, 2007, on the afternoon agenda, at 1:30 p.m. or thereafter to consider recommendation of the Historic Resources Commission to designate certain structures in Live Oak as historic resources and add them to the County's Historic Resources Inventory and approved related action, as recommended by the Planning Director

44.   ACCEPTED AND FILED report on emergency repairs, Vine Hill Road Storm Damage Repair project and Cathedral Drive Storm Damage Repair project, and directed Public Works to return with a status report on January 9, 2007, as recommended by the Director of Public Works

45.   APPROVED reimbursement agreement amendment between the Santa Cruz City Water Department and the County of Santa Cruz to reimburse the County for costs related to the water system items on the Sixteenth Avenue Improvements, Capitola Road to Webster Street project; authorized the Director of Public Works to sign the original and one duplicate original reimbursement agreement amendment on behalf of the County; adopted RESOLUTION NO. 403-2006 accepting and appropriating unanticipated revenue in the amount of $2,993.44 from the Santa Cruz City Water Department; approved contract change order in the amount of $19,824; authorized the Chairperson of the Board to sign the change order on behalf of the County; and approved related actions, as recommended by the Director of Public Works

46.   ACCEPTED improvement and approved final cost in the amount of $1,823,205.02 for the Soquel Avenue Overlay and Sewer Replacement project, and approved related action, as recommended by the Director of Public Works

47.   APPROVED amendment to agreement with GeoSyntec Consultants, Incorporated for solid waste consultant engineering services in the not-to-exceed amount of $360,000 and authorized the Director of Public Works to sign the amendment to agreement on behalf of the County, as recommended by the Director of Public Works

48.   ACCEPTED AND FILED the final 2006/2007 Capital Improvement Program document and directed the Department of Public Works to return on or before May 22, 2007, with a proposed 2007/2008 Capital Improvement Program document, as recommended by the Director of Public Works

49.   APPROVED contract change order No. 3 in the amount of $120,000 for the Capitola Avenue Improvements, State Highway One to Soquel Drive project; made findings that the improvements are of benefit to the project area; authorized the Chairperson of the Board to sign the change order; and approved related actions, as recommended by the Director of Public Works

50.   ADOPTED RESOLUTION NO. 404-2006 approving submission of two grant applications for funds from the Safe Routes to School Program, as recommended by the Director of Public Works

51.   ACCEPTED AND FILED report on the El Rancho Drive 2006 Storm Damage Repair Project at Highway 17 Beulah Park Undercrossing, and directed Public Works to return with a recommendation for award on or before February 13, 2007, as recommended by the Director of Public Works

52.   APPROVED franchise agreement with Green Waste Recovery, Incorporated to provide refuse, recycling and yardwaste collection and processing services for a term through December 31, 2017 and authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

53.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, APPROVED transfer from the Pajaro Storm Drain Maintenance District contingency account to the Pajaro River Breaching Alternatives Analysis account in the amount of $70,600; approved independent contractor agreement with Schaaf and Wheeler in the not-to-exceed amount of $65,968 for the Pajaro River Breaching Alternatives Analysis Work Program and authorized the District Engineer to sign the contract on behalf of the District, as recommended by the District Engineer

54.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds in the amount of $67,416 for the cost of Change Order No. 3 for the Capitola Avenue Improvement project and approved related actions, as recommended by the Redevelopment Agency Administrator

55.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, AUTHORIZED $37,600 in Redevelopment Agency Housing funds for the Fehr and Peers contract for traffic analyses of affordable housing rezoning sites, as recommended by the Planning Director

55.1.   AUTHORIZED the Director of Public Works to accept the equipment received as part of the County's assets, and sign the master license agreement for the ESRI and Stratus Technologies Demonstration Projects for ArcGIS Server Technology-Based Initiative grant on behalf of the County, as recommended by the Director of Public Works

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation was considered pursuant to subdivision (c) of Government Code Section 54956.9 for one potential case

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

REPORT OF COUNTY COUNSEL - The Board unanimously agreed to sell excess County Road Right-of-Way at Haas Drive and Soquel Drive in Aptos adjacent to 6851 Soquel Drive, Assessors Parcel Number 039-062-05 for the sum of $2,500.There are conditions to the sale: the parcel must be attached to the buyer, BK Properties, existing parcel; utility easements will be reserved for public utilities; the existing permanent landscaping easement and maintenance requirement will be preserved and the deed restricts the use of the property to the Homeowners Association common area only, unburdened by any structures;

The Board also voted unanimously to initiate litigation and after the litigation is commenced County Counsel will be able to answer any questions about the parties to the litigation and the substance
S/B/PWC

REGULAR AGENDA

57.   Presentation made honoring Supervisor Mardi Wormhoudt

58.   Presentation made honoring Ambassador Bill Lane and Mrs. Jean Lane

59.   Continued public hearing held to consider the 2007 Growth Goal;

closed public hearing;

(1) adopted RESOLUTION NO. 405-2006 (Attachment 1) adopting a Year 2007 Growth Rate Goal of 0.5% for the unincorporated portion of the County, with associated findings, and;

(2) certified the California Environmental Quality Act (CEQA) Notice of Exemption (Attachment 6)
WP/B/cS

60.   CONSIDERED minor amendments to Chapter 12.10 of the Santa Cruz County Code relating to swimming pool barriers;

approved "in concept" ordinance amending Ordinance No. 4839-Subsection (g) of Section 12.10.070 of the Santa Cruz County Code-Relating to Anti-Entrapment Retroactivity Regulations to return on January 9, 2007 for final adoption
PW/B/CS

61.   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

61.1.   AUTHORIZED the Planning Director to sign a consultant contract with Fehr and Peers, Transportation Consultants, in the amount of $37,600 for traffic analyses of affordable housing rezoning sites; and adopted RESOLUTION NO. 406-2006 accepting and appropriating unanticipated revenue in the amount of $37,000, as recommended by the Planning Director
PW/B/CS

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS