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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2013, NUMBER 25
Tuesday, November 19, 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.   ADDED to the Consent Agenda: Item No. 32.1
4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - Eight people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of October 22, 2013, October 29, 2013 and November 5, 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 Joseph Rosenthal, Claim No. 314-019B, and referred to County Counsel

11.   REJECTED claim of Pacific Bell Telephone (AT&T), Claim No. 314-030, and referred to County Counsel

12.   REJECTED claim of Eric A. Sanchez, Claim No. 314-031, and referred to County Counsel

13.   REJECTED Application for Leave to File a Late Claim of Mario De La Garza, Claim No.314-033, and referred to County Counsel

14.   REJECTED claim of Israel P. Alcantara, Claim No. 314-035, and referred to County Counsel

15.   ADOPTED ORDINANCE NO. 5165 amending Subdivision (a) of Section 2.02.060 of the Santa Cruz County Code relating to the compensation of the Board of Supervisors
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16.   ADOPTED ORDINANCE NO. 5166 deleting Chapters 2.10 and 2.11, adding Section 2.06.050, and reenacting Chapter 2.10 to the Santa Cruz County Code relating to the consolidation of County offices
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17.   ACCEPTED AND FILED Treasurer Quarterly Cash Count, as recommended by the Auditor-Controller

18.   AUTHORIZED the Auditor-Controller to transfer to the general fund the unclaimed refunds listed in Attachment A, as recommended by the Auditor-Controller

19.   CONTINUED to December 10, 2013, update on the County's Economic Development Program

20.   SCHEDULED a public hearing on Tuesday, December 10, 2013 at 9:00 a.m. or thereafter to consider changes to the County's Unified Fee and directed the Clerk of the Board to take related actions, as recommended by the County Administrative Officer

21.   ADOPTED RESOLUTION NO. 240-2013 approving the California Department of Forestry and Fire Protection Volunteer Fire Assistance Program Agreement; ADOPTED RESOLUTION NO. 241-2013 accepting and appropriating Volunteer Fire Assistance Grant Program funds in the amount of $9,900 into County Fire Department-County Service Area No. 4-Pajaro Dunes budget; and approved transfer of funds from appropriations in the total amount of $9,900, as recommended by the Director of General Services

22.   ADOPTED RESOLUTION NO. 242-2013 approving the California Department of Forestry and Fire Protection Volunteer Fire Assistance Program Agreement authorizing the County Fire Chief to sign the agreement; ADOPTED RESOLUTION NO. 243-2013 accepting and appropriating Volunteer Fire Assistance Grant Program funds in the amount of $9,904 into County Fire Department budget; and approved transfer of funds in the amount of $9,904, as recommended by the Director of General Services

23.   APPROVED amendment to the contract with Bay Food Company for cafeteria services at 701 Ocean Street, extending the term through November 30, 2014, and approved related actions, as recommended by the Director of General Services

24.   RATIFIED the proposed ordinances from the autonomous fire districts, as recommended by the Director of General Services

25.   APPROVED contract with Pajaro Valley Prevention and Student Assistance, Inc. in the amount of $20,000 for youth gang intervention services, and approved related action, as recommended by the Chief Probation Officer

26.   APPROVED agreements with BI Incorporated in the amount of $94,000 for adult electronic monitoring equipment and in the amount of $27,000 for juvenile electronic monitoring equipment and approved related actions, as recommended by the Chief Probation Officer

27.   APPROVED amendment to agreement with George Mason University in the amount of $25,000 for additional technical assistance and follow-up to implementation of the Risk-Need-Responsivity Program Tool and approved related actions, as recommended by the Chief Probation Officer

28.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending October 31, 2013, as recommended by the Treasurer-Tax Collector

29.   ADOPTED RESOLUTION NO. 244-2013 to establish a 0.01% per annum simple interest rate on tenant's rental security deposits effective January 1, 2014 and approved related actions, as recommended by the Treasurer-Tax Collector

30.   APPROVED appointment of Felipa deLeon to the Commission on Disabilities for a term to expire April 1, 2015, as recommended by Supervisor Caput

31.   ACCEPTED notification of two at-large vacancies on the Area Developmental Disabilities Board VII, with nominations for appointment to be received on December 10, 2013, and final appointment to be considered on December 17, 2013, as recommended by Chairperson Coonerty

32.   ACCEPTED notification of two vacancies on the Board of Law Library Trustees, with nominations for appointment to be received on December 10, 2013, and final appointment to be considered on December 17, 2013, as recommended by Chairperson Coonerty

32.1.   ACCEPTED the Notice of Completion for the Santa Cruz Veterans Memorial Building Seismic Retrofit Phase 2 project; approved final cost of $2,570,817; approved transfer of funds as specified; ADOPTED RESOLUTION NO. 245-2013 accepting and appropriating unanticipated revenue and approved related actions, as recommended by the Director of General Services

33.   ADOPTED RESOLUTION NO. 246-2013 authorizing the Health Services Agency Director to execute a revised Local Primacy Agency Delegation Agreement with the California Department of Public Health relating to the regulation of small water systems and to execute a Grant Funding Agreement in the amount of $250,500 to fund additional costs associated with the Agreement and approved related actions, as recommended by the Director of Health Services

34.   ADOPTED RESOLUTION NO. 247-2013 designating and authorizing the Santa Cruz County Behavioral Health Center, including the Psychiatric Health Facility, the Crisis Evaluation and Stabilization Program Unit, and eligible personnel to provide psychiatric evaluation and treatment of persons under the Lanterman-Petris-Short Act, and rescinding the existing designation from Dominican Hospital Behavioral Health Unit, as recommended by the Director of Health Services

35.   APPROVED agreement with Coastwide Environmental Technologies, Inc. in the amount of $27,728 for asbestos abatement services at 1442 Freedom Boulevard and approved related actions, as recommended by the Director of Health Services

36.   APPROVED amendment to the agreement with Davis Guest Home, Inc. for mental health services and approved related actions, as recommended by the Director of Health Services

37.   APPROVED agreements with the City of Santa Cruz Water Department and the Soquel Creek Water District to implement provisions of Santa Cruz County Code Chapter 7.69 for installation of water conservation devices upon transfer of property within their respective service areas and approved related actions, as recommended by the Director of Health Services

38.   APPROVED agreement with Christina Borbely in the amount of $52,500 for strategic plan consulting services; approved an amendment to the agreement with Applied Survey Research, increasing the amount by $57,935 for a new total of $89,435 for strategic plan development and Cara Y Corazon and Joven Noble project evaluation; ADOPTED RESOLUTION NO. 248-2013 accepting and appropriating unanticipated revenue in the amount of $73,248 for mental health and substance abuse programs; directed staff to return with a status report on the strategic planning process on or before June 24, 2014 and approved related actions, as recommended by the Director of Health Services

39.   APPROVED amendment to agreement with Coastal Healthcare Administrators recognizing the change of business name to Coastal TPA, Inc., and approved related actions, as recommended by the Director of Health Services

40.   AUTHORIZED the Auditor-Controller to process payment of invoices over one year old from various vendors, totaling $1,226,187.63, as outlined; approved amendment to agreement with Dientes Community Dental Care, increasing the amount by $1,102.66 for a not-to-exceed total of $36,102.66; ADOPTED RESOLUTION NO. 249-2013 accepting and appropriating unanticipated revenue in the amount of $842,034 to fund the payment of the invoices, and approved related actions, as recommended by the Director of Health Services

41.   AUTHORIZED the Auditor-Controller to process payments to the Regional Water Management Foundation in the amount of $15,000 to support the Integrated Regional Water Management efforts through June 30, 2014 and approved amendment to the sub-grantee agreement with the Regional Water Management Foundation, extending the term through December 31, 2014 for integrated regional water management planning and approved related actions, as recommended by the Director of Health Services

42.   APPROVED amendment to agreement with ARC TEC, Inc., increasing the amount by $35,820 for a not-exceed total of $69,520 for provision of architectural design and engineering services for HVAC and related equipment at 1020 Emeline and approved related actions, as recommended by the Directors of Human Services and General Services

43.   DEFERRED the Human Care Alliance presentation and discussion of fiscal year 2014-2015 funding to December 10, 2013, as recommended by the Director of Human Services

44.   ACCEPTED AND FILED report on the Behavioral Health Unit Construction Project and directed staff to return on or before December 17, 2013 with a progress report, as recommended by the Director of Public Works

45.   ACCEPTED the improvements and approved final cost of $234,335.40 for the Corralitos Road Left Turn project and approved related actions, as recommended by the Director of Public Works

46.   ACCEPTED subdivision site improvements for Tract 1502, Silver Oakes Phase III and approved related actions, as recommended by the Director of Public Works

47.   ADOPTED RESOLUTION NO. 250-2013 accepting and appropriating unanticipated revenue in the total amount of $87,700; accepted low bid from Monterey Peninsula Engineering in the amount of $69,905 for the Graham Hill Road Guard Railing Improvement Project and authorized award of contract; and approved related actions, as recommended by the Director of Public Works

48.   APPROVED transfer of funds in the amount of $29,005; approved independent contractor agreement with Applied Water Resources Corporation for soil remediation services at the Brommer Street maintenance yard in the not-to-exceed amount of $29,005 and approved related actions, as recommended by the Director of Public Works

49.   APPROVED Program Supplement Agreements totaling $98,705 for various projects; ADOPTED RESOLUTION NO. 251-2013 through RESOLUTION NO. 253-2013 authorizing execution of Program Supplements to the County-State Agreement and approved related action, as recommended by the Director of Public Works

50.   AS THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, APPROVED contract change order in the amount of $32,634.78 for construction of fencing and drainage improvement on the East Cliff Drive Parkway Project and approved related actions, as recommended by the Director of Public Works

REGULAR AGENDA

51.   PRESENTATION made by Captain Paul Vincent, Commander of the Santa Cruz Area Office of the California Highway Patrol

52.   Public hearing held to consider adoption of the International Fire Code 2012 Edition and the California Fire Code 2013 Edition, with amendments; adopt resolution finding modification of State housing law reasonably necessary and adopt ordinance amending and updating the County Fire Code (Chapter 7.92 of the Santa Cruz County Code);

(1) opened public hearing, to hear objections or protests, on the proposed ordinance amending the County Fire Code (Chapter 7.92 of the Santa Cruz County Code);

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 254-2013 Finding Modification of State Housing Law Reasonably Necessary Because of Local Conditions;

(4) ADOPTED ORDINANCE NO. 5167 Amending Chapter 7.92 of the Santa Cruz County Code Relating to the Fire Code; and

(5) ADOPTED Notice of Determination and Negative Declaration
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53.   Public hearing held to consider amending Chapter 12.10 of the Santa Cruz County Code for the purpose of adopting the 2013 California Building Standards Code and Local Amendments;

closed public hearing;

(1) ADOPTED RESOLUTION NO. 255-2013 (Attachment 1), finding the proposed amendments are exempt from further environmental review under the California Environmental Quality Act, and directing staff to file the Notice of Exemption (Attachment 4), and making findings regarding technical amendments of the California Building Code;

(2) APPROVED "in concept" ordinance amending County Code Chapter 12.10 for the purpose of adopting the 2013 Building Code with local amendments to return on December 10, 2013 for final adoption (Attachment 2); and

(3) DIRECTED the Planning Director to submit a copy of the technical amendments to the 2013 California Building Code, and a copy of the Board's adopted Resolution containing associated findings, to the California Building Standards Commission
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54.   CONSIDERED adoption of ordinance deleting existing Chapter 7.124 of the Santa Cruz County Code regarding medical marijuana; deleting existing section 13.10.670; amending commercial uses chart in subdivision (b) of Section 13.10.332 by deleting reference to "medical marijuana cooperatives"; deleting the reference to "medical marijuana cooperatives" in Section 13.10.700-M; and adding new Chapter 7.124, all relating to medical marijuana;

(1) APPROVED "in concept" ordinance deleting then re-enacting Chapter 7.124 and making other conforming changes to the Santa Cruz County Code all relating to Medical Marijuana to return on December 10, 2013 for final consideration; with an additional direction to delete duplicate sentence at the end of Section 7.124.070, Subsection (C) that reads: "If a qualified medical marijuana patient or primary caregiver has an attending physician's written, dated and signed recommendation that the quantities described in this subdivision are not sufficient to meet the medical marijuana patient's needs, said patient or caregiver may possess and/or cultivate an amount of marijuana consistent with the attending physician's written recommendation";

(2) AMENDMENT TO MAIN MOTION made by Supervisor Caput to establish a buffer within three hundred (300) feet from parks; MOTION FAILED due to lack of a second
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55.   CONSIDERED recommendations concerning the development of regulations concerning medical marijuana cultivation;

(1) MOTION made by Supervisor Friend, duly seconded by Supervisor Caput to direct County Counsel to return on December 10, 2013, with a proposed set of cultivation regulations based on the framework outlined below to ensure neighborhood and environmental protection. This framework would provide that the cultivation of marijuana is not permitted use in the County but authorize a limited immunity as long as the cultivation activity does not violate any of the following restrictions or requirements:

a) Limit cultivation to no more than twenty-five (25) marijuana plants per parcel;

b) Prohibit cultivation within six hundred (600) feet of any school;

c) Prohibit cultivation within six hundred (600) feet of any park;

d) Limit indoor cultivation to no more than one hundred (100) contiguous square feet within a structure that can be secured;

e) Establish buffers between outdoor cultivation sites and occupied residences;

f) Establish buffers between outdoor cultivation sites and adjoining properties;

g) Prohibit cultivation where the marijuana plants are visible from the public right of way;

h) Require compliance with the County's environmental and resource protection regulations;

i) Require that the outdoor cultivation of marijuana be fully enclosed by an opaque, adequately secured fence at least six (6) feet in height;

j) Prohibit advertising space available for cultivation;

k) Prohibit rental of residential space for cultivation;

l) Cultivation within a residential zone district shall be limited to a non-habitable structure; outdoor cultivation in a residential zone district is prohibited;

m) The cultivation must be connected to a qualified patient, primary caregiver, or dispensary and that name must be made available to an enforcing officer upon request;

n) Establish a process for expedited enforcement; MOTION FAILED

(2) MOTION by Supervisor Leopold, duly seconded by Supervisor McPherson to:

a) direct County Counsel to return on December 10, 2013, with a proposed set of cultivation regulations to ensure protection of neighborhoods and the environment, and a safe supply of medicine for our county's patients. Existing rules and regulations associated with specialty crop agriculture and the additional limitations included in the letter of Supervisor Leopold, dated November 18, 2013, should be utilized as the basis for these regulations; including: (1) prohibit cultivation within six hundred (600) feet of any school and park; (2) prohibit cultivation where the marijuana plants are visible from the public right-of-way; (3) require compliance with the County's environmental and resource protection regulations; (4) require that the outdoor cultivation of marijuana be fully enclosed by an opaque, adequately secured fence at least six (6) feet in height; (5) prohibit advertising space available for cultivation; (6) establish a process for expedited enforcement; and

(b) direct the County Administrative Officer to return to the Board on December 10, 2013, with information on any funding options to allow the Planning Department to enforce any regulations adopted by the Board as soon as those regulations are enacted, and further direct the County Administrative Officer to return to the Board on February 11, 2014, with suggestions for funding sources for the future
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(2) LMfCaCo  

56.   APPROVED reappointment of Supervisor Leopold 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
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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.