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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2013, NUMBER 24
Tuesday, November 5, 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 - Five 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.   SEE AGENDA ITEM NO. 38.1 REGULAR AGENDA

11.   APPROVED amendment to the Joint Exercise of Powers Agreement establishing the Santa Cruz County Library Financing Authority relating to alternate members and approved related actions, as recommended by the County Administrative Officer

12.   SEE ITEM NO. 38.3 REGULAR AGENDA

13.   APPROVED agreement with the City of Watsonville in the amount of $95,898 for reimbursement of SCARE Task Force-related expenditures and authorized the District Attorney to sign the agreement; requested the Auditor-Controller to reimburse the City of Watsonville for claims for expenditures incurred from July 2013 through June 30, 2014 and to establish the required Trust Fund to facilitate payments of claims to the District Attorney and Watsonville Police Department and approved related actions, as recommended by the District Attorney

14.   APPROVED appointment of Board Member and Alternate Board Member to the California State Association of Counties-Excess Insurance Authority Board of Directors, as recommended by the Director of Personnel

15.   APPROVED continuation of furlough for Sheriff's Correctional Officers Association and adopted RESOLUTION NO. 232-2013 amending Salary Resolution No. 279-75 implementing the furlough, as recommended by the Director of Personnel

16.   APPROVED tentative agreement with the District Attorney/Child Support Association; adopted RESOLUTION NO. 233-2013 amending Salary Resolution No. 279-2013 implementing provisions of the agreement and approved related action, as recommended by the Director of Personnel

17.   APPROVED tentative agreement with the District Attorney Inspectors Association; adopted RESOLUTION NO. 234-2013 amending Salary Resolution No. 279-75 implementing provisions of the agreement and approved related action, as recommended by the Director of Personnel

18.   APPROVED tentative agreement with the Middle Management Association; adopted RESOLUTION NO. 235-2013 amending Salary Resolution No. 279-75; and adopted RESOLUTION NO. 236-2013 amending Resolution No. 247-76 amending Personnel Regulations section 160 implementing provisions of the agreement, implementing compensation provisions for Unrepresented Employees and approved related action, as recommended by the Director of Personnel

19.   APPROVED tentative agreement with the Physician's Representation Unit; adopted RESOLUTION NO. 237-2013 amending Salary Resolution No. 279-75 implementing provisions of the agreement and approved related actions, as recommended by the Director of Personnel

20.   ACCEPTED AND FILED report of the County's investment activities and holdings for the quarter ending September 30, 2013, as recommended by the Treasurer-Tax Collector

21.   ACCEPTED AND FILED County of Santa Cruz 2014 Investment Policy, as recommended by the Treasurer-Tax Collector

22.   ACCEPTED nomination of Supervisor Leopold for reappointment to the Santa Cruz Metropolitan Transit District Board of Directors, as an at-large representative of the general public, for a term to expire December 31, 2017, with final appointment to be considered on November 19, 2013, as recommended by Supervisor Coonerty

23.   SEE ITEM NO. 38.2 REGULAR AGENDA

24.   AUTHORIZED application to the California Department of Health Care Services for a Medi-Cal Outreach and Enrollment Grant, which would provide outreach and enrollment services to consumers newly eligible for Medi-Cal as a result of the Affordable Care Act, as recommended by the Director of Human Services

25.   ADOPTED RESOLUTION NO. 238-2013 approving the residential relocation assistance plan for the Lotus Apartments affordable housing project at 1926 Brommer Street and approved related actions, as recommended by the Planning Director

26.   ACCEPTED report on the 2013-2014 Emergency Winter Shelter Program; approved agreements with the Homeless Services Center in the amount of $161,527 and with the State of California Military Department in the amount of $63,945 for provision of winter shelter services in fiscal year 2013-2014 and approved related actions, as recommended by the Planning Director

27.   ACCEPTED improvements and approved final cost of $2,688,280.26 for the Graham Hill Road Improvement Project-Roaring Camp Road to 0.61 Miles East project, and approved related actions, as recommended by the Director of Public Works

28.   APPROVED Independent Contractor Agreement with the Acts of Love Foundation for use of the Civic Auditorium for the Thanksgiving Day community meal and approved related actions, as recommended by the Director of Public Works

29.   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 December 10, 2013 with a final progress report and related actions, as recommended by the District Engineer

30.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, APPROVED request for transfer of funds in the amount of $60,000; approved contract change order for the Minto, Meidl, Behler, Hastings Sewer Project in the amount of $60,000 and approved related actions, as recommended by the District Engineer

31.   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: Sheriff's Correctional Officer's Unit

As The In-Home Supportive Services (IHSS) Public Authority Board,

CONFERENCE WITH LABOR NEGOTIATOR

IHSS Public Authority Negotiator: Director of Human Services and Director of Personnel

Employee organization: IHSS Public Authority Employees

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

32.   PRESENTATION made by Assembly Member Mark Stone on legislative update

33.   CONSIDERED the presentation from representatives of the Second Harvest Food Bank and establish November 4 through November 29, 2013, as the period for contributions to the Food Drive at County Facilities;

PRESENTATION made by the representatives of the Second Harvest Food Bank and established November 4 through November 29, 2013, as the period for contributions to the Food Drive at County facilities
LMFCaCo  

34.   CONSIDERED ordinance amending Section 2.02.060 of the Santa Cruz County Code relating to the Compensation of the Board of Supervisors;

APPROVED "in concept" ordinance amending Section 2.02.060 of the Santa Cruz County Code relating to the Compensation of the Board of Supervisors to return on November 19, 2013 for final adoption
LFcamCo  

35.   Public hearing held to consider amending General Plan/Local Coastal Program Policy 2.16.7 and Santa Cruz County Code Chapter 13.10 to modify standards for hotels and motels in commercial districts; Chapter 13.10 is a coastal implementing ordinance;

(1) reopened public hearing continued from October 1, 2013;

(2) continued public hearing to January 28, 2014;

(3) considered the proposed amendments and provided staff with any additional direction on the content of the proposals; (a) on page 195, Attachment 3, under 2.16.7 (LCP), Design of Visitor Accommodations, add the words "as appropriate", to read: Ensure quality of design for visitor accommodations through Commercial Development Permit procedures, including the Zoning ordinance, to regulate density as appropriate, signage, landscaping, buffering, on-site circulation and access, parking, and site and building design.; (b) on page 195, Attachment 3, Program A should read: "Maintain a Visitor Accommodations zone district as part of the Santa Cruz County Code to implement the Visitor Accommodations land use designation which provides for a variety of overnight or extended stay lodging for visitors and shall as feasible protect, encourage and provide for lower cost visitor uses."; and (c) on page 198, (2) Permit Reviews, add a Subsection IV that reads: "Lower cost visitors serving uses shall be, as feasible, protected, encouraged and provided."; and

(4) directed staff to return to Planning Commission for review and recommendation before returning to the Board of Supervisors on January 28, 2014.
FMLCaCo  

36.   Public hearing held to consider an ordinance amending Sections 13.10 and 13.11 and adding Section 13.10.587 to the Santa Cruz County Code to provide for an administrative approval process, with public notice of sign exceptions; Santa Cruz County Code Chapters 13.10 and 13.11 are coastal implementing ordinances;

(1) reopened public hearing continued from October 1, 2013;

(2) continued public hearing to January 28, 2014;

(3) provided staff with any additional direction on the content of the sign ordinance and any concerns the Board may have;

(4) directed staff to return to the Planning Commission to review the changes and return to the Board of Supervisors on January 28, 2014; and

(5) directed staff to meet with stakeholders, and explore development of a comprehensive update to the sign ordinance.
FCaLMCo  

37.   CONSIDERED report on the consolidation of the Treasurer-Tax Collector and Auditor-Controller's offices; approving in concept an ordinance amending the County Code relating to the consolidation and adoption of an implementing resolution and related actions;

(1) MOTION made by Supervisor Caput to place on the ballot the consolidation of the Offices of the Auditor-Controller and the Treasurer-Tax Collector MOTION FAILED due to lack of a second;

(2) MOTION by Supervisor Leopold to approve the recommended actions as follows:

(a) accepted and filed report on the consolidation of the Offices of the Auditor-Controller and the Treasurer-Tax Collector;

(b) approved "in concept" ordinance deleting Chapters 2.1 and 2.11 and adding Section 2.06.050 and re-enacting Chapter 2.1 of the Santa Cruz County Code relating to the consolidation of the Treasurer-Tax Collector and Auditor-Controller's offices to return on November 19, 2013 for final adoption; and

(c) ADOPTED RESOLUTION NO. 239-2013 amending Salary Resolution No. 279-75 to create the classification of Auditor-Controller-Treasurer-Tax Collector, designate it to the Unrepresented Group and set the salary range at the hourly rate of $97.94 effective as described in the Resolution
LFcaMCo  

38.   CONSIDERED ordinance amending Section 2.02.060 of the Santa Cruz County Code by adding new subsections (e) and (f) relating to compensation for members of the Board of Supervisors;

MOTION made by Supervisor Caput to adopt ordinance amending Section 2.02.060 of the Santa Cruz County Code by adding new subsections (e) and (f) relating to compensation for members of the Board of Supervisors; with the additional direction that County Counsel provide in writing the interpretation of State Statue Code Sections 28020 through 28085 affecting only means lowering of pay not of raising pay; and that State Statue Codes Sections do not apply to the Board of Superviosrs

MOTION FAILED due to lack of a second


38.1.   CONSIDERED final adoption of ordinance deleting existing Chapter 7.124 of the Santa Cruz County Code regarding medical marijuana; deleting existing Chapter 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 a new Chapter 7.124 all relating to medical marijuana;

(1) MAIN MOTION by Supervisor McPherson, duly seconded by Supervisor Leopold to delete the last sentence of Subdivision A that reads: "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"; and add two new subsections that read: (1) A medical marijuana business obtaining a Seller’s Permit prior to the effective date of this ordinance and operating at an address in violation of a location restriction described by Subdivisions (H),(P) and/or (R) of this Section 7.124.040, may relocate to a new location in compliance with all location restrictions imposed by this Chapter within sixty (60) days after the effective date of this ordinance, except that the location restriction imposed by Subdivision (R) shall not be applied to such a business located in the San Lorenzo Valley General Plan area as of the effective date of this ordinance; and (2) A medical marijuana business obtaining a Seller’s Permit prior to the expiration of the sixty day period, but after the effective date of this ordinance located at an address in violation of a location restriction described by Subdivisions (H),(P) and/or (R) of this Section 7.124.040 is prohibited; AMENDMENT TO MAIN MOTION moved by Supervisor Friend to change the effective date of the ordinance to October 29, 2013 in Subsections (1),(2) and (R);

AMENDMENT TO MAIN MOTION FAILED due to lack of a second

(2) AMENDED MOTION by Supervisor McPherson, duly seconded by Supervisor Leopold to amend in Section 7.124.040, under Limited immunity for medical marijuana business by deleting the last sentence of Subdivision A that reads: "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"; and adding two new subsections that read: (1) A medical marijuana business obtaining a Seller’s Permit prior to the effective date of October 29, 2013 of this ordinance and operating at an address in violation of a location restriction described by Subdivisions (H),(P) and/or (R) of this Section 7.124.040, may relocate to a new location in compliance with all location restrictions imposed by this Chapter within ninety (90) days after the effective date of October 29, 2013 of this ordinance, except that the location restriction imposed by Subdivision (R) shall not be applied to such a business located in the San Lorenzo Valley General Plan Area as of the effective date of October 29, 2013; and (2) A medical marijuana business obtaining a Seller’s Permit prior to the expiration of the ninety day period, but after the effective date of October 29, 2013 located at an address in violation of a location restriction described by Subdivisions (H),(P) and/or (R) of this section 7.124.040 is prohibited; and

(3) AUTHORIZED County Counsel to make any additional changes to the ordinance and return on November 19, 2013 with new language
MLfcaCo  

38.2.   MOTION by Supevisor Leopold to approve appointment of members of the task force to develop proposed guidelines for the cultivation of medical marijuana (MOTION FAILED due to lack of a second)

38.3.   ACCEPTED AND FILED update on implementing recommended action to expand broadband in Santa Cruz County and directed staff to return with a further update on or before January 28, 2014; with an additional direction to staff to establish a broadband master plan that prioritizes areas identified as opportunities from our County's Economic Vitality Strategy planning process and report back with that plan in March 2014
FLcaMCo  

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.