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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2013, NUMBER 23
Tuesday, October 29, 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 - nine people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   DELETED ITEM

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 RESOLUTION NO. 228-2013 to establish the Tax Loss Reserve Fund Balance at 25% of the delinquent secured tax roll including assessments; directed the Auditor-Controller to transfer any excess reserve to the County General Fund at the end of the fiscal year, as recommended by the Auditor-Controller

11.   DEFERRED update on the County's Economic Development Program to November 19, 2013, as recommended by the County Administrative Officer

12.   ACCEPTED status report on the South Santa Clara County agreement with Santa Cruz County Fire for emergency response into the Loma Prieta-Hicks Road Uvas area and directed staff to return with a further update in March 2014, as recommended by the Director of General Services

13.   ACCEPTED report on the Emeline Campus Energy Efficiencies Projects and authorized the General Services Director to sign Pacific Gas and Electric Services Agreement and associated work order in an amount not-to-exceed $50,000 to perform an investment grade audit, as recommended by the Director of General Services

14.   ADOPTED RESOLUTION NO. 229-2013 authorizing execution of agreement with CAL FIRE; approved reimbursement agreement in the amount of $3,483,053 and operational plan with CAL FIRE for fire protection services in County Service Areas 4 and 48 during fiscal year 2013-2014, and approved related actions, as recommended by the Director of General Services

15.   AWARDED contract in the not-to-exceed amount of $25,000 to Architechtural Conservation, Inc. for the repairs to the ceiling panels at the Santa Cruz Veterans Memorial Building and approved related actions, as recommended by the Director of General Services

16.   AUTHORIZED County Fire to purchase replacement apparatus bay doors for County Fire Davenport Station in the amount of $11,660 and approved a transfer of funds in the amount of $11,660 within the County Fire Budget to Maintenance-Structure, as recommended by the Director of General Services

17.   ADOPTED RESOLUTION NO. 230-2013 appointing trustees in lieu of election to the Board of Trustees of College Lake Reclamation District No. 2049, as recommended by Chairperson Coonerty

18.   APPROVED the 2014 schedule for meetings of the Board of Supervisors, including the schedule for 2014-2015 budget hearings, as recommended by Chairperson Coonerty

19.   ACCEPTED AND FILED report in the Low Income Health Program; authorized the Health Services Agency to enter into an agreement with Covered California to become a Certified Enrollment Entity and approved related actions, as recommended by the Director of Health Services

20.   APPROVED twelve Covered California Outreach and Education sub-grantee agreements totaling $486,372 with stakeholder partners in the tri-county Monterey, San Benito, and Santa Cruz region, and approved related actions, as recommended by the Director of Human Services

21.   ADOPTED RESOLUTION NO. 231-2013 accepting and appropriating unanticipated revenue in the amount of $700,000 from the State of California Housing and Community Development for a first-time homebuyer, tenant based rental assistance and owner-occupied rehabilitation program; approved two sub-recipient grants totaling $195,000 and approved related actions, as recommended by the Planning Director

22.   ACCEPTED AND FILED report on the Behavioral Health Unit Construction Project and directed staff to return with a status update on or before November 19, 2013, as recommended by the Director of Public Works

23.   ACCEPTED AND FILED report on the Soquel Drive emergency soils investigation; approved transfer of $115,000 from the 2013-2014 Public Works Internal Services Fund-Mobile Equipment to the Soquel Drive Yard Remediation project; approved amendment to agreement with Geosyntec Consultants, increasing compensation by $60,559 for a not-to-exceed total of $157,444 for additional work and approved related action, as recommended by the Director of Public Works

24.   ACCEPTED AND FILED report on the Green Valley Road Storm Damage Repair project; approved amendment to agreement with Reber Construction Company, Inc., for additional work increasing compensation by $192,782 for a not-to-exceed total of $297,128 and increasing the working days by an additional 50 days for a total of 85 working days and approved related action, as recommended by the Director of Public Works

25.   SEE ITEM NO. 30.1 REGULAR AGENDA

26.   AUTHORIZED installation of one 70-watt, standard residential street light on Geoffroy Drive, as recommended by the Director of Public Works

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

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Director of Personnel

Employee organization: District Attorney Inspector Unit

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

28.   CONSIDERED participation in the Results First Initiative and authorize the Chairperson of the Board to submit a letter of committment on behalf of the County of Santa Cruz to the director of the initiative;

APPROVED participation in the Results First Initiative and authorized the Chairperson of the Board to submit a letter of committment on behalf of the County of Santa Cruz to the director of the initiative
CaLFMCo  

29.   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 7 to convene and carry out a regularly scheduled meeting

30.   CONSIDERED adoption of urgency ordinance deleting existing Chapter 7.124 of the Santa Cruz County Code regarding medical marijuana, deleting existing 13.10.670, amending the commercial uses chart in Subdivision (b) of Section 13.10.332 by deleting the reference to "Medical Marijuana Cooperatives";

deleting the reference to "Medical Marijuana Cooperatives" in 13.10.700-M; repealing Ordinance No. 5140 that established a temporary moratorium; and adding new Chapter 7.124, all relating to medical marijuana;

(1) MOTION to approve the CEQA determination; and adopt urgency ordinance deleting then reenacting Chapter 7.124 and making other conforming changes to the Santa Cruz County Code all relating to Medical Marijuana based on the findings contained in Section VII of the ordinance with the following changes:

(a) on page 8, Section 7.124.020, Definitions, corrected Subdivision (G)(3)(a) should read: A residence or dwelling unit where the requirements of Subdivision (C) of Section 7.124.070 are met;

(b) on page 10, Section 7.124.040, corrected Subdivision (G), reference to signs illumination, should read: Every medical marijuana business is prohibited that illuminates any portion of its premises between the hours of 10:00 p.m. and 8:00 a.m. by lighting that is visible from the exterior of the premises, except such lighting as is reasonably utilized for the security of the premises;

(c) on page 12, Section 7.124.040, corrected Subdivision (Q) should read: Every medical marijuana business is prohibited that fails to obtain the information required by subsections (1) and (2) of this subdivision (Q). The information collected shall be maintained in the offices of the business for a period of at least one (1) year, and made available for review upon the request of any enforcing officer;

(d) on page 12, Amend Section 7.124.040 by adding new subdivision (R) to read as follows: After the effective date of this ordinance, every medical marijuana business is prohibited if it is located within 300 feet of any parcel zoned RA (single-family residential and agriculture); RR (single-family residential, rural); R-1 (single-family residential, urban/rural); RB (single-family residential, oceanfront/urban); or RM (multiple-family residential). This prohibition shall not apply to a medical marijuana business with a valid Seller's Permit from the California State Board of Equalization for an address within the unincorporated area of Santa Cruz County on the effective date of this ordinance. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the residentially zone property to the closest property line of the lot on which the medical marijuana business is to be located;

(e) on page 10, Amend the introductory paragraph of Section 7.124.040 to read as follows: Notwithstanding the activities prohibited by Section 7.124.030, and notwithstanding that medical marijuana business is not and shall not become a permitted use in the County for so long as this Chapter remains in effect, a medical marijuana business shall not be subject to the enforcement remedies set forth in the Santa Cruz County Code solely on the basis of: (1) an activity prohibited by Section 7.124.030; and (2) the fact that medical marijuana business is not a permitted use in the County provided however that, as authorized by California Health and Safety Code Section 11362.83, this limited immunity is available and may be asserted as an affirmative defense only so long as: (a) subsections (A) thorugh (R) of this Section 7.124.040 remain in effect in their entirety; (b) it is assered by a medical marijuana business at the one location identified in its original or any amended seller permit issued by the State Board of Equalization; and (c) the medical marijuana business does not violate any of the following;

(f) on page 10, Amend the concluding paragraph of Section 7.124.040 to read as follows: The limited immunity provided by this Section shall not be available to and shall not be asserted as an affirmative defense to any violation of law except as expressley set forth in this Chapter. Further, nothing contained in this limited immunity is intended to provide or shall be asserted as a defense to a claim for violation of law brought by any county, state, or federal governmental authority. Finally, the limited immunity provided by this Section shall be available and may be asserted only so long as each and every provision and clause of subsections (A) through (R) and of this section 7.124.040 remain valid, effective and operative;

(g) on page 13, Amend Subdivision (B) of Section 7.124.050 to read as follows: All existing medical marijuana businesses must immediately cease operation; except that any medical marijuana business that does not violate any of the medical marijuana business prohibitions described in Section 7.124.040, Limited Immunity, may continue to operate but only so long as subsections (A) through (R) of Section 7.124.040 remain valid, effective and operative;

(h) on page 10, Amend Section 7.124.040, Subdivision (A) to read: Every medical marijuana business is prohibited that has not obtained a valid Seller's Permit from the California State Board of Equalization for operating within the County of Santa Cruz as a medical marijuana business by 5:00 P.M., sixty (60) days after the effective date of this ordinance, however, if public offices are closed on that date, 5:00 P.M. on the next day of business immediately thereafter.;

(I) on page 10, add a paragraph to the end of Subdivison (A) of Section 7.124.040 to read as follows: Every medical marijuana business is prohibited that has not obtained a valid Seller's Permit from the California State Board of Equalization for operating within the County of Santa Cruz as a medical marijuana business by 5:00 P.M., sixty (60) days after the effective date of this ordinance, however, if public offices are closed on that date,, 5:00 P.M. on the next day of business immediately thereafter. A medical marijuana business obtaining a Seller's Permit after the effective date of this ordinance shall comply with the location restrictions of Subdivision (H) or Subdivision (P) of this Section 7.124.040 for the address identified in the Permit; MOTION FAILED due to lack of 4/5 vote

(2) MOTION to approve the CEQA determination; and approve "in concept" an ordinance Deleting Existing Chapter 7.124 of the Santa Cruz County Code Regarding Medical marijuana: Deleting Existing Section 13.10.670; Amending the Commercial Uses Chart in Subdivision (B) of Section 13.10.332 by Deleting the Reference to “Medical Marijuana Cooperatives”; Deleting the Reference to “Medical Marijuana Cooperatives “ in Section 13.10.700-M; Repealing Ordinance No. 5140 that Established a Temporary Moratorium and Adding New Chapter 7.124 All Relating To Medical Marijuana to return on November 5, 2013 for final adoption; with the following changes:

(a) delete Section VII, roman numeral VII;

(b) on page 8, Section 7.124.020, Definitions, corrected Subdivision (G)(3)(a) should read: A residence or dwelling unit where the requirements of Subdivision (C) of Section 7.124.070 are met;

(c) on page 10, Section 7.124.040, corrected Subdivision (G), reference to signs illumination, should read: Every medical marijuana business is prohibited that illuminates any portion of its premises between the hours of 10:00 p.m. and 8:00 a.m. by lighting that is visible from the exterior of the premises, except such lighting as is reasonably utilized for the security of the premises;

(d) on page 12, Section 7.124.040, corrected Subdivision (Q) should read: Every medical marijuana business is prohibited that fails to obtain the information required by subsections (1) and (2) of this subdivision (Q). The information collected shall be maintained in the offices of the business for a period of at least one (1) year, and made available for review upon the request of any enforcing officer;

(e) on page 12, Amend Section 7.124.040 by adding new subdivision (R) to read as follows: After the effective date of this ordinance, every medical marijuana business is prohibited if it is located within 300 feet of any parcel zoned RA (single-family residential and agriculture); RR (single-family residential, rural); R-1 (single-family residential, urban/rural); RB (single-family residential, oceanfront/urban); or RM (multiple-family residential). This prohibition shall not apply to a medical marijuana business with a valid Seller's Permit from the California State Board of Equalization for an address within the unincorporated area of Santa Cruz County on the effective date of this ordinance. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the residentially zone property to the closest property line of the lot on which the medical marijuana business is to be located;

(f) on page 10, Amend the introductory paragraph of Section 7.124.040 to read as follows: Notwithstanding the activities prohibited by Section 7.124.030, and notwithstanding that medical marijuana business is not and shall not become a permitted use in the County for so long as this Chapter remains in effect, a medical marijuana business shall not be subject to the enforcement remedies set forth in the Santa Cruz County Code solely on the basis of: (1) an activity prohibited by Section 7.124.030; and (2) the fact that medical marijuana business is not a permitted use in the County provided however that, as authorized by California Health and Safety Code Section 11362.83, this limited immunity is available and may be asserted as an affirmative defense only so long as: (a) subsections (A) through (R) of this Section 7.124.040 remain in effect in their entirety; (b) it is asserted by a medical marijuana business at the one location identified in its original or any amended seller permit issued by the State Board of Equalization; and (c) the medical marijuana business does not violate any of the following;

(g) on page 10, Amend the concluding paragraph of Section 7.124.040 to read as follows: The limited immunity provided by this Section shall not be available to and shall not be asserted as an affirmative defense to any violation of law except as expressley set forth in this Chapter. Further, nothing contained in this limited immunity is intended to provide or shall be asserted as a defense to a claim for violation of law brought by any county, state, or federal governmental authority. Finally, the limited immunity provided by this Section shall be available and may be asserted only so long as each and every provision and clause of subsections (A) through (R) and of this section 7.124.040 remain valid, effective and operative;

(h) on page 13, Amend Subdivision (B) of Section 7.124.050 to read as follows: All existing medical marijuana businesses must immediately cease operation; except that any medical marijuana business that does not violate any of the medical marijuana business prohibitions described in Section 7.124.040, Limited Immunity, may continue to operate but only so long as subsections (A) through (R) of Section 7.124.040 remain valid, effective and operative;

(I) on page 10, Amend Section 7.124.040, Subdivision (A) to read: Every medical marijuana business is prohibited that has not obtained a valid Seller's Permit from the California State Board of Equalization for operating within the County of Santa Cruz as a medical marijuana business by 5:00 P.M., sixty (60) days after the effective date of this ordinance, however, if public offices are closed on that date, 5:00 P.M. on the next day of business immediately thereafter.;

(J) on page 10, add a paragraph to the end of Subdivison (A) of Section 7.124.040 to read as follows: Every medical marijuana business is prohibited that has not obtained a valid Seller's Permit from the California State Board of Equalization for operating within the County of Santa Cruz as a medical marijuana business by 5:00 P.M., sixty (60) days after the effective date of this ordinance, however, if public offices are closed on that date,, 5:00 P.M. on the next day of business immediately thereafter. A medical marijuana business obtaining a Seller's Permit after the effective date of this ordinance shall comply with the location restrictions of Subdivision (H) or Subdivision (P) of this Section 7.124.040 for the address identified in the Permit.
LMfcaCo  

30.1.   AUTHORIZED Public Works to submit applications to the Santa Cruz County Regional Transportation Commission for State Transporation Improvement Program funds and Regional Surface Transportation funds totaling $4,000,000 for road related projects and to submit applications for funds totaling approximately $2.9 million for the Monterey Bay Sanctuary Scenic Trail Network, as recommended by the Director of Public Works
LMFCaCo  

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.