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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2004, NUMBER 35
Tuesday, November 23, 2004

 

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 to the Consent Agenda: Item No. 42.1

Additions to the Closed Session Agenda: Item No. 43: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property street addresses (APN if no street addresses): 501 Soquel Avenue

APN 010-012-13, APN 010-012-22

Negotiating parties (not agents): Scott Loichinger, Chief Real Property Agent, and Chris Johnson-Lyons, Executive Director of Community Action Board of Santa Cruz County; Jose R. Padilla, Executive Director of California Rural Legal Assistance; Terry Hancock, Executive Director of Senior Citizens Legal Services

4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - four people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of November 9, 2004, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of November 11, 2004 through November 17, 2004 and approved upon adoption of the 2004/2005 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. 4776 Amending Section 2.38 of the Santa Cruz County Code Relating to Boards, Commissions, Committees and Department Advisory Groups Generally

11.   SCHEDULED a public hearing of the Unified Fee Schedule on December 7, 2004, at 9:00 a.m. or thereafter and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer

12.   ADOPTED RESOLUTION NO. 372-2004 authorizing the District Attorney to reapply to the State Department of Insurance to use $65,854 of funding in fiscal year 2004-05 for the Auto Insurance Fraud program; and adopted RESOLUTION NO. 373-2004 canceling estimated revenues and appropriations for the District Attorney's Auto Insurance Fraud and Workers' Compensation Fraud programs in the amount of $94,124 for fiscal year 2004-05, as recommended by the District Attorney

13.   AUTHORIZED the General Services Department to submit the enrollment form for the County's participation in the Local Government Energy Partnership program, as recommended by the General Services Director

14.   APPROVED plans and specifications for the Emeline Avenue Storm Drain Replacement Project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on December 21, 2004 in the General Services Department, as recommended by the General Services Director

15.   APPROVED the completion of the Modernization of Elevators located at 1020 and 1040 Emeline Project; approved the final cost of $169,500 and authorized the Clerk of the Board to take related action, as recommended by the General Services Director

16.   DEFERRED report from the Probation Department, Health Services Agency and Human Resources Agency on Above the Line; and directed a further report on December 14, 2004, as recommended by the Chief Probation Officer

17.   ACCEPTED nomination of Frank W. Capurro for reappointment to the Pajaro Valley Water Management Agency Board of Directors for a term to expire December 1, 2006, with final appointment to be made December 7, 2004, as recommended by Supervisor Campos

18.   APPROVED appointment of Robert Stokes to the Fire Department Advisory Commission for a term to expire April 1, 2007, as recommended by Supervisor Campos

18.1.   APPROVED appointment of Elizabeth Lopez to the Child Care Planning Council, as a representative of Category 3, for a term to expire April 1, 2007, as recommended by Supervisor Pirie

19.   APPROVED appointment of Jerry Bowles to the Fire Department Advisory Commission for a term to expire April 1, 2005, as recommended by Supervisor Pirie

20.   APPROVED appointment of Terrence McKinney to the Mental Health Advisory Board, in the category of consumer/family, for a term to expire April 1, 2006, as recommended by Supervisor Stone

21.   APPROVED appointment of Geoffrey Holmes and Mike Coryell to the Fire Department Advisory Commission, in the categories indicated, as recommended by Chair Wormhoudt

22.   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

23.   ACCEPTED AND FILED report on the need to continue the state of local emergency resulting from the shortage of influenza vaccine, as recommended by the Health Services Agency Director

24.   ACCEPTED AND FILED report on the Central Coast Alliance for Health, as recommended by the Health Services Agency Director

25.   APPROVED agreement with Pajaro Valley Prevention and Student Assistance in the amount of $482,200 for mental health treatment services and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

26.   APPROVED agreements for health outreach, enrollment and advocacy for MediCal, Healthy Families and Healthy Kids benefits with Mountain Community Resources, in the amount of $10,000, Familia Center, in the amount of $27,000, Santa Cruz City Schools, in the amount of $20,000, Community Bridges, in the amount of $49,000, Salud Para La Gente, in the amount of $30,000, United Way, in the amount of $42,000, and Debbie Friedman, in the amount of $68,000; and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

27.   APPROVED contract in an amount not-to-exceed $25,000 with Linda Jenckes for specialized services relating to the Medicare program and provider rates on behalf of Santa Cruz County, as recommended by the Health Services Agency Director

28.   APPROVED agreements with the California Center for Regional Leadership in an amount not-to-exceed $60,020 and the M.S. Davis Company in an amount not-to-exceed $80,000 to provide consultant services in support of the Pajaro Valley Training Facility feasibility study; and authorized the Human Resources Agency Director to sign the agreements, and act on behalf of the County in all matters pertaining to the agreements as needed that do not change the dollar amount or overall purpose of the agreements, as recommended by the Human Resources Agency Director

29.   ACCEPTED AND FILED report on the status of the Community Programs Outcomes Reporting Committee; directed the Human Resources Agency Director to incorporate the suggestions of the other interested Common Application participants in the development of the Community Programs Outcomes Reporting process; and return to the Board with a further report on or before May 24, 2005, as recommended by the Human Resources Agency Director

30.   APPROVED Standard Agreement with the State of California for payment of the Department of Rehabilitation's share of lease and operating cost at the Watsonville Career Center in an amount not-to-exceed $10,053.48; and authorized the Human Resources Director to sign the Standard Agreement, and act on behalf of the County in all matters pertaining to the agreement, that do not change the dollar amount or overall purpose of the agreement, as recommended by the Human Resources Agency Director

31.   AUTHORIZED the Human Resources Agency Director to execute an agreement with Community Technology Alliance for Homeless Management Information Systems training and technical assistance in the amount of $11,544; and to execute an agreement with HomeBase in the amount of $6,000 to provide confidentiality training, as recommended by the Human Resources Agency Director

32.   ACCEPTED AND FILED progress report on the Implementation Plan for FishNet 4C; extended the Implementation Plan for an additional three years; and directed the Planning Director to report back on November 15, 2005 with a progress report on the Implementation Plan, as recommended by the Planning Director

33.   ACCEPTED AND FILED report on the Abandoned Vehicle Abatement Program; approved amendment to agreement with Bay City Tow amending the term of the contract to July 1, 2004 through June 30, 2005; authorized the Director of Public Works to sign the agreement on behalf of the County; authorized Public Works to waive disposal fees for local tow companies at the Buena Vista landfill for disposal of abandoned motor homes with conditions; and directed Public Works and the Sheriff's office to return to the Board of Supervisors on or before January 25, 2005 with a status report on the Abandoned Vehicle Abatement Program, as recommended by the Director of Public Works

34.   DELAYED award of contract for the Ridge Drive County Service Area No. 58 Drainage Improvement Project until December 7, 2004, as recommended by the Director of Public Works

35.   APPROVED contract change order No. 1 in the amount of $29,230 for the emergency repairs along East Cliff Drive, 33rd Avenue to 36th Avenue, Finish Facing; 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

36.   APPROVED contract change order No. 1 in the amount of $32,500 for the emergency repairs along East Cliff Drive, 33rd Avenue to 36th Avenue Emergency Repairs at Existing Crib Walls project; 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

37.   ACCEPTED the improvement and approved the final cost of $15,950.44 for the Sunbeam Woods, County Service Area No. 44, Overlay Project 2004, Supervisorial District 5; and approved related action, as recommended by the Director of Public Works

38.   AUTHORIZED payment to Monterey County in the amount of $10,690.56 for the Murphy Low Water Crossing Bridge costs between 1998 and 2003, as recommended by the Director of Public Works

39.   APPROVED the termination of the Park Wilshire Water System bulk water agreement between the County and Soquel Creek Water District; and authorized the Director of Public Works to sign a termination letter to Soquel Creek Water District on behalf of the County, as recommended by the Director of Public Works

40.   SEE ITEM NO. 45.1 REGULAR AGENDA

41.   ADOPTED RESOLUTION NO. 374-2004 amending Resolution No. 584-90 to extend the term of the North Coast Beaches Advisory Committee to December 31, 2005, as recommended by the Director of Parks, Open Space and Cultural Services

42.   CONTINUED TO DECEMBER 7, 2004 Resolution of Intent to Establish County Service Area No. 11, McGregor Community Zone of Benefit (CSA No. 11 "M)

42.1.   ADOPTED RESOLUTION NO. 375-2004 condemning the abrupt closure of the San Jose Medical Center by Hospital Corporation of America, Incorporated without adequate time for surrounding counties to prepare for the closure of this critical trauma care center, and urging the prompt reopening of their new trauma center, as recommended by Chair Wormhoudt

43.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed Personnel and Litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISITNG LITIGATION

Case Name/No.: Marco Mena-Gruenwald v. County of Santa Cruz

Workers Compensation Appeals Board No. SAL 103032

CONFERENCE WITH REAL PROPERTY NEGOTIATOR:

Property street addresses (APN if no street addresses): 501 Soquel Avenue

APN 010-012-13, APN 010-012-22

Negotiating parties (not agents): Scott Loichinger, Chief Real Property Agent, and Chris Johnson-Lyons, Executive Director of Community Action Board of Santa Cruz County; Jose R. Padilla, Executive Director of California Rural Legal Assistance; Terry Hancock, Executive Director of Senior Citizens Legal Services

(Prior to adjourning into Closed Session for litigation and consideration of a property item, Supervisor Pirie declared a conflict of interest as to the Conference with Real Property Negotiator as her husband is the directing attorney for Senior Citizens' Legal Services, the contracting party, therefore she would not be participating in the discussion or voting; and Chair Wormhoudt stated that although she sits on the Board of Directors of the Community Action Board, County Counsel has advised that she has no conflict of interest as she has no financial interest at stake)

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

44.   Presentation made honoring Mark Tracy, Sheriff-Coroner

45.   APPROVED appointment of Steve Olson to the In-Home Supportive Services Advisory Commission, as an at-large consumer representative, for a term to expire April 1, 2005
PCBSW  

45.1.   APPROVED the proposed route concept for East Cliff Drive from 9th Avenue to 12th Avenue, as recommended by the Director of Public Works
BPCSW  

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.