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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2013, NUMBER 22
Tuesday, October 22, 2013

 

ACTION SUMMARY MINUTES

VOTING KEY: L = Leopold, F = Friend, Co = Coonerty, Ca = Caput, M = McPherson; 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.   Consideration of Late Additions to the Agenda; additions and deletions to Consent and Regular Agendas - NONE
4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - ten people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 24, 2013 and October 1, 2013, 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.   REJECTED claim of Laura M. Verutti, Claim No. 314-023, and referred to County Counsel

11.   REJECTED claim of Holly Olsen, Claim No. 314-024, and referred to County Counsel

12.   DENIED claim of Jerome Matajcich, Claim No. 314-027, and referred to County Counsel

13.   DENIED claim of Stephen Halpern, Claim No. 314-028, and referred to County Counsel

14.   ADOPTED ORDINANCE NO. 5163 amending Section 5.41.060 (b) of the Santa Cruz County Code relating to registration permit fees and penalties

15.   APPROVED an agreement with the Mosquito Research Foundation in the amount of $4,450 for continuing scientific research and approved related actions, as recommended by the Agricultural Commissioner

16.   APPROVED Request for Proposals for an integrated accounting and procurement system and implementation services, and requested the Auditor-Controller return with a status report in April 2014, as recommended by Auditor-Controller

17.   DENIED claim for refund of property taxes by Artspace Tannery, LLC, as recommended by County Counsel

18.   APPROVED agreement with Z Consulting for telephone system Request for Proposal services and approved related actions, as recommended by the Director of Information Services

19.   ADOPTED RESOLUTION NO. 222-2013 and RESOLUTION NO. 223-2013 accepting and appropriating unanticipated revenue and approved a transfer to fund a portion of the Juvenile Hall multi-use recreation building and approved related actions, as recommended by the Chief Probation Officer

20.   APPROVED agreement with County of Santa Clara in the amount of $89,950 to provide probation ranch camp placements for juvenile court wards from Santa Cruz County and approved related actions, as recommended by the Chief Probation Officer

21.   APPROVED revenue agreement with Securus Technologies, Inc. to provide Juvenile Hall phone services and approved related actions, as recommended by the Chief Probation Officer

22.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending September 30, 2013, as recommended by the Treasurer-Tax Collector

23.   APPROVED appointment of Rachel Anne Goodman to the Equal Employment Opportunity Commission for a term to expire April 1, 2017 as recommended by Supervisor McPherson

24.   APPROVED reappointment of Supervisor Friend to the Santa Cruz Metropolitan Transit District Board of Directors, for a term to expire December 31, 2017 and accepted notification of an at-large vacancy on the Board of Directors, for a representative of the general public, with nominations for appointment to be received on November 5, 2013 and final appointment to be considered on November 19, 2013, as recommended by Chairperson Coonerty

25.   APPROVED amendment to agreement with Community Action Board, increasing the amount by $40,386 for a not-to-exceed total of $213,345 for provision of Avenues and Maintaining Ongoing Stability through Treatment Work First program supervised work and employment development services; approved transfer of appropriations in the amount of $98,845 for fiscal year 2013-2014, and approved related actions, as recommended by the Director of Health Services

26.   APPROVED agreements with Community Bridges/Live Oak Family Resource Center in the amount of $48,750; with Community Bridges/La Manzana Community Resources in the amount of $48,750; with Anastasia Torres-Gil in the amount of $50,484; and an amendment to the agreement with the San Jose State University Research Foundation in order to continue the Roots and Wings foster care programs through June 30, 2014 and approved related actions, as recommended by the Director of Human Services

26.1.   ACCEPTED report on the Health Care Reform Expanded Medi-Cal Enrollment Goals, and directed the Human Services Department to return in June 2014 during budget hearings with a follow-up report on Expanded Medi-Cal enrollments, as recommended by the Director of Human Services

27.   ACCEPTED AND FILED Annual Evaluation Report of the Flood Mitigation Planning Committee, as recommended by the Planning Director

28.   APPROVED amendment to the Planning Department's Housing Services contract with the Housing Authority of the County of Santa Cruz, by adjusting the annual spending plan, extending the term to June 30, 2018, and providing for an annual review of the workplan, as recommended by the Planning Director

29.   AUTHORIZED the Planning Director to release a Request for Proposals to qualified consultants to evaluate options for the County's Affordable Housing Regulations and Program, and directed the Planning Department to return to the Board with a proposed consultant contract, as recommended by the Planning Director

30.   SCHEDULED public hearing on Tuesday, November 19, 2013 at 9:00 a.m. or thereafter to consider an ordinance amending Chapter 12.10 of the Santa Cruz County Code for the purpose of adopting the 2013 California Building Standards Code and Local Amendments, as recommended by the Planning Director

31.   ACCEPTED AND FILED report on the Center for Public Safety Project; directed Public Works to return with a further report in April 2014 and approved related actions, as recommended by the Director of Public Works

32.   ACCEPTED improvements and approved the final cost of $2,008,666.60 for the 2012 Cape/Chip Seal and Overlay Project and approved related actions, as recommended by the Director of Public Works

33.   ACCEPTED improvements and approved final cost of $1,368,775.04 for the Calabasas Road Improvements-Bradford Road to Buena Vista Drive Project and approved related actions, as recommended by the Director of Public Works

34.   ACCEPTED improvements and approved final cost of $280,000 for the Clean and Paint Timber Bridge Rails Project and approved related actions, as recommended by the Director of Public Works

35.   ACCEPTED subdivision site improvements for Tract 1550, Canterbury Park and approved related actions, as recommended by the Director of Public Works

36.   ADOPTED RESOLUTION NO. 224-2013 approving and accepting terms and conditions of property acquisition agreement for the Watsonville Homeless Health Center Project; approved payment of claim in the amount of $5,300 and approved related actions, as recommended by the Director of Public Works

37.   APPROVED contract change order for the Graham Hill Road Improvement Project, increasing the amount by $75,000 for final adjustments in quantities of various materials; authorized the Chairperson of the Board to sign the change order, and approved related actions, as recommended by the Director of Public Works

38.   APPROVED Program Supplement Agreement for $49,770 in revenue for the emergency opening and preliminary engineering phases of the Main Street Storm Damage Repair Project; adopted RESOLUTION NO. 225-2013 authorizing execution of Program Supplement to the County-State agreement and approved related actions, as recommended by the Director of Public Works

39.   SEE ITEM NO. 49.1 REGULAR AGENDA

40.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, ACCEPTED AND FILED report on the Behler Road emergency repair work and directed staff to return on or before November 5, 2013 with a final progress report and related actions, as recommended by the District Engineer

41.   AS THE BOARD OF DIRECTORS OF THE PAJARO STORM DRAIN MAINTENANCE DISTRICT, AUTHORIZED payment in the amount of $96,401 to the Pajaro Valley Water Management Agency for maintenance of the Harkins Slough pump station, as recommended by the District Engineer

42.   AS THE BOARD OF SUPERVISORS, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LABOR NEGOTIATIOR

Agency Negotiator: Director of Personnel

Employee organization: Sheriff's Correctional Officers Unit, Physician Representation Unit, and District Attorney/Child Support Unit

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

43.   Presentation not made by Assembly Member Luis Alejo

44.   PRESENTATION made of Green Business Certification award to businesses in Santa Cruz County

45.   CONSIDERED recommendations regarding development of a medical marijuana cultivation ordinance; NO ACTION TAKEN

46.   CONSIDERED a proposed ordinance deleting Chapter 7.124, deleting Section 13.10.670, amending the Commercial Uses Chart and the Definitions of the Zoning Ordinance, and enacting new Santa Cruz County Code Chapter 7.124, and approving a categorical exemption, all relating to Medical Marijuana, and took related action;

(1) Motion made by Supervisor McPherson directing County Counsel to return on October 29, 2013, with a draft ordinance that models Mendocino County's language with regard to cultivation but retains the elements with regard to dispensaries that County Counsel has presented with the following additions: 1) the language in (A) would be replaced with "Every Medical Marijuana business is prohibited that has not obtained a Seller's Permit from the State Board of Equalization by 180 days after the implementation date of this ordinance, excluding any medical marijuana business that opened during the County's moratorium"; in (M), allow for dispensaries to be listed on third party websites; in section (p)(2)(a), add "and phone number" after "name" and delete subsection (P)(2)(b); in (d), add "any person selling marijuana in a dispensary must be 21 years of age or older"; the implementation date shall be January 1, 2014; and with the following additional directions: the County convene a Medical Marijuana Ad Hoc Task Force immediately with its purpose being to monitor the implementation of the ordinance with regard to supply, study cultivation impacts on the environment and neighborhoods, and to make recommendations for possible modifications to the ordinance in the future; and direct Planning staff to explore funding mechanisms and revenue measures associated with medical marijuana and report back during 2014-2015 budget hearings with any funding or revenue measures and a complete budget for enforcement of the medical marijuana ordinance based on experience gained during 2013-2014; MOTION FAILED due to lack of a second

2) Motion by Supervisor Leopold, seconded by Supervisor McPherson, with Supervisors Caput and Friend voting no, the Board, directed County Counsel to return October 29, 2013 with a draft ordinance that excludes the Mendocino County ordinance language and cultivation elements, but includes the following: the language in (A) would be replaced with "Every Medical Marijuana business is prohibited that has not obtained a Seller's Permit from the State Board of Equalization by 180 days after the implementation date of this ordinance, excluding any medical marijuana business that opened during the County's moratorium"; in (M), allow for dispensaries to be listed on third party websites; in Section (p)(2)(a), add "and phone number" after "name" and delete subsection (P)(2)(b); in (d), add "any person selling marijuana in a dispensary must be 21 years of age or older"; the implementation date shall be January 1, 2014; adding the language, "No person shall print, publish, advertise, or disseminate in any way or means of communication, or cause to be printed, published, advertised or disseminated in any way or means of communication, including, but not limited to the use of the internet, and notice or advertisement with respect to either seeking or offering the availability if space to cultivate marijuana, regardless of whether the space is within a structure or outdoors"; and with the following additional directions to staff: the County convene a Medical Marijuana Ad Hoc Task Force immediately, with representatives from the Agricultural Commissioner' office, the UCSC Center for Agricology and Sustainable Food System, the Farm Bureau, the WO/Man's Alliance for Medical Marijuana, the Association of Standardized Cannabis, and Dr. Arnold Leff, with its purpose being to monitor the implementation of the ordinance with regard to supply, study cultivation impacts on the environment and neighborhoods, and to make recommendations for possible modifications to the ordinance in the future; and direct Planning staff to explore funding mechanisms and revenue measures associated with medical marijuana and report back during 2014-2015 budget hearings with any funding or revenue measures and a complete budget for enforcement of the medical marijuana ordinance based on experience gained during 2013-2014
LMfcaCo  

47.   CONSIDERED extending the temporary moratorium on onshore oil and gas exploration and development within the unincorporated area of Santa Cruz County;

ADOPTED INTERIM ORDINANCE NO. 5164, on an urgency basis, extending a temporary 45-day moratorium on the development, construction, or installation of any facility necessary for or intended to support oil or gas exploration or development within the unincorporated area of Santa Cruz County, for a period of 10 months and 15 days
LMFCaCo  

48.   CONSIDERED application for State Bond Financing for Adult Local Criminal Justice Facilities, at the County Rountree facility, pursuant to SB 1022;

(1) APPROVED the application related to the SB 1022 Adult Local Criminal Justice Facilities Construction Financing Program and authorized the Sheriff-Coroner to sign the application documents, make minor changes and take the necessary administrative actions that may be required to submit the application to the State and respond to inquiries;

(2) ADOPTED RESOLUTION NO. 226-2013 which contains the assurances and certifications which are required by the Board of State and Community Corrections for the County to proceed with submitting a formal application for funding under the SB 1022 Adult Local Criminal Justice Facilities Construction Financing Program;

(3) DETERMINED that the project is exempt from the California Environmental Quality Act under Article 19, Sections 15301 (Existing Facilities), 15302 (Replacement of existing structures and facilities), and 15303 (New construction or conversion of small structures); and

(4) AUTHORIZED the Sheriff-Coroner to sign the Certificate Accompanying the Match Funding which provides the necessary certifications and assurances related to the County's cash match.
FMLCaCo  

49.   APPROVED reappointment of Carolyn Conner to the Workforce Investment Board, as an at-large representative of business, for a term to expire June 30, 2016
LFCaMCo  

49.1.   APPROVED revenue agreement in the not-to-exceed amount of $25,000 with Monterey Bay Unified Air Pollution Control District (MBUAPCD) for reimbursement of costs for yard waste drop off at the Ben Lomond Transfer Station for San Lorenzo Valley residents in November 2013 and April 2014; adopted RESOLUTION NO. 227-2013 accepting and appropriating unanticipated revenue in the amount of $25,000 from MBUAPCD for free yard waste drop-off and approved related action, as recommended by the Director of Public Works
LFCaMCo  

999.   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.