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PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS


VOLUME 2014, NUMBER 2
Tuesday, January 28, 2014

 

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. 55.1
4.   Action on the Consent Agenda
5.     ORAL COMMUNICATIONS - Six people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of January 14, 2014, 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 the Claim of Marc Theeuwes, Claim No. 314-045, as insufficiently filed, and referred to County Counsel

11.   REJECTED the Application to file late claim of Arlene R. Uribe, Claim No. 314-047, and referred to County Counsel

12.   REJECTED the claim of Marta Calderon, Claim No. 314-049, as insufficiently filed, and referred to County Counsel

13.   ACCEPTED AND FILED the Comprehensive Annual Financial Report of the County of Santa Cruz for the fiscal year ended June 30, 2013 as recommended by the Auditor-Controller

14.   APPROVED the distribution of the Request for Proposal for external audit services, as recommended by the Auditor-Controller

15.   ADOPTED RESOLUTION NO. 5-2014 establishing the Santa Cruz County Public Financing Authority regular meeting schedule, as recommended by the County Administrative Officer

16.   APPROVED the County's 2014 legislative program and approved related actions; with additional directions: (a) directed the Chair to write a letter to our State elected representatives requesting that they sponsor legislation allowing Sales Tax election in the unincorporated area; (b) directed the County Administrative Officer to present the proposed Legislative Program to the Board in November or December of each year to allow for more timely introduction of legislation; and (c) directed the County Administrative Officer to re-institute the annual meetings with our elected representatives in order to bring our legislative program directly to their attention

17.   ACCEPTED report on Santa Cruz County Fire Department's improved rating from the Insurance Services Office, Inc., for County Service Area 4-Pajaro Dunes, as recommended by the Director of General Services

18.   ADOPTED RESOLUTION NO. 6-2014 authorizing a grant application to the California Energy Commission for an exterior lighting retrofit project and authorized the General Services Director to execute all necessary documents associated with the grant, as recommended by the Director of General Services

19.   ADOPTED RESOLUTION NO. 7-2014 authorizing a grant application to the California Energy Commission for electric vehicle charging infrastructure improvements project and authorized the General Services Director to execute all necessary documents associated with the grant; directed staff to return with a status report and recommendations after the grant has been considered by the State, as recommended by the Director of General Services

20.   APPROVED contract with Simpler Systems, Inc. in the amount of $136,325 for property tax reporting system; approved request for transfer of budget appropriations as outlined and approved related actions, as recommended by the Director of Information Services

21.   ADOPTED RESOLUTION NO. 8-2014 regarding the 2014 Medical Plan Contributions for the Physicians Association as required by the Public Employees Medical and Hospital Care Act, as recommended by the Director of Personnel

22.   ADOPTED RESOLUTION NO. 9-2014 amending Resolution No. 279-75 classification and salary; adopted RESOLUTION NO.10-2014 amending Resolution No. 247-76 implementing various personnel actions, as recommended by the Director of Personnel

23.   APPROVED purchase of a Mini-CrimeScope Forensic Source System in the amount of $11,500 and approved transfer of funds for the purchase, as recommended by the Sheriff-Coroner

24.   APPROVED purchase of replacement dog for the Sheriff's Service Dog Program in the amount of $15,000; adopted RESOLUTION NO. 11-2014 accepting and approving unanticipated revenue in the amount of $12,000 from Drug Abuse Resistance Education Funds; and approved transfer of funds in the amount of $3,000 to complete the purchase, as recommended by the Sheriff-Coroner

25.   DEFERRED report related to patrol staffing and an update on narcotic enforcement efforts to February 25, 2014, as recommended by the Sheriff-Coroner

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

27.   DIRECTED the County Administrative Officer to consult with the Human Services Department and provide a report to the Board during 2014-2015 budget hearings on the possibility of providing additional staff hours to support the provision of services at the Watsonville Veterans Services Office two days a week, as recommended by Supervisor Caput

28.   APPROVED appointment of Melanie Martinez to the Women's Commission for a term to expire April 1, 2015, as recommended by Supervisor Caput

29.   APPROVED correction to the term expiration associated with the County's at-large representative on the Board of Directors of the Community Action Board to reflect a term to expire January 5, 2015, as recommended by Supervisor Coonerty

30.   ADOPTED RESOLUTION NO. 12-2014 supporting the passage of Assembly Bill 1504, which would ban the sale, gift, or furnishing of cigarettes in California that come with single-use plastic filters, and approved related action, as recommended by Supervisor Leopold

31.   ACCEPTED AND FILED the Mobile and Manufactured Home Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

32.   ACCEPTED AND FILED the Seniors Commission report for calendar years 2012 and 2013, and approved related action, as recommended by Chairperson Friend

33.   ACCEPTED notification of vacancy on the Board of Directors of the Community Action Board, for an alternate to the County's at-large representative, with nominations for appointment to be received on February 11, 2014, and final appointment to be received on February 25, 2014, as recommended by Chairperson Friend

34.   ACCEPTED notification of vacancy on the Childcare Planning Council, for a representative of Category 4 (community representative) with nominations for appointment to be received on February 11, 2014, and final appointment to be received on February 25, 2014, as recommended by Chairperson Friend

35.   APPROVED the appointment of members of the Board of Supervisors to various agencies, committees, and commissions for calendar year 2014, and approved related action, as recommended by Chairperson Friend

36.   ACCEPTED AND FILED the County Water Resources Status Report and directed the Water Resources Division Director to provide a follow up annual report on County water management activities in January 2015; adopted RESOLUTION NO. 13-2014 declaring a State of Drought for Santa Cruz County; and endorsed the County's participation in the San Lorenzo River Alliance to revitalize the health of the San Lorenzo River, as recommended by the Director of Health Services

37.   APPROVED amendment to agreement with the Volunteer Center of Santa Cruz County increasing the total contract amount by $40,000 to $1,425,949 for provision of California Work Opportunity and Responsibility to Kids program funded counseling services; approved request to transfer funds in the amount of $40,000 within the 2013-2014 Mental Health budget, and approved related action, as recommended by the Director of Health Services

38.   APPROVED amendment to agreement with OptumInsight Inc., recognizing the change of their business name, and approved related actions, as recommended by the Director of Health Services

39.   APPROVED amendment to agreements with Milhous Children's Services, increasing the amount by $9,020.55 for a not-to-exceed total of $52,020.55; and with St. Vincent School for Boys, increasing the amount by $2,725.11 for a not-to-exceed amount of $32, 725.11 and approved related actions, as recommended by the Director of Health Services

40.   DEFERRED consideration of the Los Altos Rod and Gun Club quarterly environmental status report until May 6, 2014, in order to allow Environmental Health Services staff time to evaluate the results of first quarter 2014 storm water activities and to complete a formal response to comments received on the Health Risk Assessment, as recommended by the Director of Health Services

41.   DEFERRED approval of Encompass Community Services PAPAS Program and Women's Crisis Support-Defensa de Mujeres Community Programs contract amendment to February 25, 2014, as recommended by the Director of Human Services

42.   SEE ITEM NO. 65.1 REGULAR AGENDA

43.   ACCEPTED AND FILED report on Transportation Improvement Area (TIA) fees and directed staff to report back with a detailed scope of work and cost estimate for the Comprehensive TIA Fee Update on or before March 18, 2014, as recommended by the Director of Public Works

44.   CONTINUED TO FEBRUARY 11, 2014 report regarding funds to support County parks and recreation programs

45.   ACCEPTED the improvement and approved the final cost of $203,605.24 for the 2013 County Service Area Resurfacing project and approved related action, as recommended by the Director of Public Works

46.   ACCEPTED the improvement and approved the final cost of $82,835 for the Methacrylate Bridge Deck Seal project and approved related action, as recommended by the Director of Public Works

47.   ACCEPTED the improvement and approved the final cost of $343,026 for the Polyester Concrete Bridge Overlay Federal Project and approved related action, as recommended by the Director of Public Works

48.   ADOPTED RESOLUTION NO. 14-2014 of intention to initiate amendment of the sphere of influence and annexation of a certain area of the unincorporated territory in Santa Cruz into County Service Area No. 15, Huckleberry Woods, and approved related action, as recommended by the Director of Public Works

49.   APPROVED application and adopted RESOLUTION NO. 15-2014 authorizing submittal of grant application to the State of California Habitat Conservation Grants Program for the riparian restoration of the Quail Hollow Brook at Quail Hollow Ranch County Park, as recommended by the Director of Public Works

50.   APPROVED permit for the 2014 Organs R Us Relay running event subject to conditions on event permit and approved related action, as recommended by the Director of Public Works

51.   APPROVED permit for the 2014 Pleasure Point Business Association Street Fair Event on June 21, 2014, and approved related action, as recommended by the Director of Public Works

52.   APPROVED plans and specifications and engineer's estimate for the Valencia School Road Storm Damage Repair Project and authorized calling for bids; set the bid opening on February 20, 2014 at 2:15 p.m. in the Public Works conference room; directed Public Works to return on or before March 11, 2014 with a recommendation for award of contract and approved related action, as recommended by the Director of Public Works

53.   APPROVED road closures for the 2014 Surfer's Path Marathon and Capitola Half Marathon on Sunday, May 18, 2014 and approved related action, as recommended by the Director of Public Works

54.   DESIGNATED Agri-Culture as a lead organization responsible for the 2014 Santa Cruz County display for the State and County fairs and approved related actions, as recommended by the Director of Public Works

55.   AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, ACCEPTED AND FILED report on potential funding for replacement of Davenport County Sanitation District pipes, as recommended by the District Engineer

55.1.   APPROVED amendment of the Third Year Work Plan under an existing contract with the Housing Authority of Santa Cruz County, to add a review of the County's affordable housing program and regulations by sub-consultants Keyser Marsten Associates and Goldfarb and Lipman, and authorized the Planning Director to carry out the actions necessary to complete the work effort, and approved related action, as recommended by the Planning Director

56.   AS THE BOARD OF SUPERVISORS FOR THE SANTA CRUZ COUNTY REDEVELOPMENT SUCCESSOR AGENCY, ACCEPTED AND FILED the Basic Financial Statements of the Santa Cruz County Redevelopment Successor Agency for the period ended June 30, 2013, as recommended by the County Administrative Officer

REGULAR AGENDA

57.   CONTINUED public hearing to consider amendments to General Plan/Local Coastal Program Policy 2.16.7 and Chapter 13.10 of the Santa Cruz County Code to modify standards for hotels and motels in commercial districts. Chapter 13.10 is a coastal implementing ordinance;

(1) reopened the November 5, 2013 public hearing on the proposed General Plan/LCP and ordinance amendments;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 16-2014 adopting the Negative Declaration (Attachment 6), approving the General Plan/LCP amendment (Attachment 2);

(4) approved "in concept" the proposed ordinance amendments to return on February 11, 2014 for a second reading in order to finalize the amendment process; and

(5) directed staff to submit the General Plan/LCP and ordinance amendments to the Coastal Commission
CoMlcaF  

58.   CONTINUED public hearing to consider ordinance amending Section 13.10.324, Section 13.10.581 and Section 13.11.072 and adding Section 13.10.587 to the Santa Cruz County Code, to provide for administrative approval, with public notice, of sign exceptions;

(1) reopened the November 5, 2013 public hearing of sign exceptions;

(2) closed public hearing;

(3) ADOPTED RESOLUTION NO. 17-2014 finding the proposed amendments to Santa Cruz County Code exempt from further environmental review under the California Environmental Quality Act, and directing staff to file the Notice of Exemption (Attachment 4) and submit the amendments to the Coastal Commission upon final approval;

(4) approved "in concept" proposed ordinance amendment as modified (Attachment 2) to return on February 11, 2014 for final adoption; and

(5) directed staff to meet with stakeholders, consult with other County jurisdictions and develop a comprehensive update to the sign ordinance and related General Plan policies
CoCalMF  

59.   CONSIDERED update on implementation of broadband recommendations, including conduit specifications for future construction projects in the County of Santa Cruz, a Master Lease Agreement allowing the installation of telecommunications equipment on County assets, and approval in concept of an ordinance adding Chapter 12.25 to the Santa Cruz County Code regarding the installation and upgrades of telecommunications infrastructure in or adjacent to County rights of way;

(1) accepted and filed update on implementation of the broadband recommendations;

(2) directed Public Works to finalize and implement the conduit specifications for future construction projects in the County of Santa Curz;

(3) directed Public Works to finalize the Master Lease Agreement allowing the installation of telecommunications equipment on County assets and develop a rate structure and Facilities Lease Agreement to use in the implemenation of specific installations;

(4) approved "in concept" ordinance adding Chapter 12.25 to the Santa Cruz County Code to facilitate the installation and upgrades of telecommunications infrastructure in or adjacent to County rights of way to return on February 11, 2014 for final adoption; and

(5) directed Planning to report on the status of amendments to land use regulations and efforts to establish a Broadband Master Plan, as well as the outcome of meetings with broadband providers, on or before March 18, 2014
CoLcaMF  

60.   CONSIDERED approval in concept of an an ordinance amending the Santa Cruz County Code regarding exclusion of the Medical Director/Health Officer and Chief Deputy County Counsel from the Civil Service Program;

APPROVED "in concept" ordinance amending County Code Section 3.12.040 to exempt the classes of Medical Director/Health Officer and Chief Deputy County Counsel from Civil Service to return on February 11, 2014 for final adoption. This action requires a four-fifths vote by the Board of Supervisors
MLCoCaF  

61.   CONSIDERED actuarial study for reduction to Other Post Employment Benefits for the Physician's Representation Unit;

(1) ACCEPTED AND FILED the actuarial study; and

(2) DIRECTED the Personnel Director to return on February 11, 2014 with the MOU and to include final approval of the changes described in the actuarial study
LMCoCaF  

62.   CONSIDERED the report on the Public Safety Task Force and taking related actions;

CONTINUED TO FEBRUARY 11, 2014 report on the Public Safety Task Force; with the additional directions that staff return with comments and concerns raised by Board Members and incorporate the following changes to the response: (a) on page 1A, at the end of the county response, add " the 3rd and 5th District Supervisors should be included as primary points of contact with regards to the affects of the county's syringe exchange services."; (b) on page 3, 1D, location of additional syringe exchange programs within the City Limits, amend to read: "any new syringe exchange program sites not be located in the Cities of Santa Cruz or Watsonville unless those cities agree to have them."; and (c) on page 4, Strategic Enforcement with Accountability, amend response to read: "the County, Sheriff's office, Probation and District Attorney, should work collaboratively with the city to develop a habitual offender program whereby habital offers will be held accountable for multitude of quality of life offenses that currently go unaddressed in this population."
CoCaLMF  

62.1.   CONSIDERED approval of an agreement with United Way of Santa Cruz County, for an amount not-to-exceed $32,000, to complete a coordinated long range strategic plan to address homelessness in Santa Cruz County;

APPROVED agreement with United Way of Santa Cruz County, for an amount not-to-exceed $32,000, to complete a coordinated long range strategic plan to address homelessness in Santa Cruz County; and authorized the Director of Human Servies to sign
LCoCaMF  

63.   The Board of Supervisors shall recess 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

64.   CONSIDERED proposed language which would provide regulation regarding cultivation of marijuana in the Second District;

APPROVED motion directing County Counsel to incorporate additional provisions into proposed ordinance relating to cultivation of medical cannabis:

AMEND SECTIONS 7.126.020 AND 7.126.040 AS FOLLOWS:

7.126.020 Definitions.

(K) "Medical marijuana cultivation business" means any location where marijuana is started, planted, cultivated, harvested, dried or processed. Medical marijuana cultivation business shall not include:

(1) A qualified medical marijuana patient or person holding a valid identification card, or their designated primary caregiver, cultivating medical marijuana solely for the patient’s personal use on a parcel that includes the residence of the patient or caregiver. The amount of marijuana grown shall not exceed one hundred (100) square feet of total garden canopy, as measured by the combined vegetative growth area and shall be subject to the following limitations:

(a) If the parcel is located within that area defined by section 2.04.030 of the Santa Cruz County Code, outdoor cultivation of marijuana is prohibited. If the parcel is located outside of that area defined by section 2.04.030 of the Santa Cruz County Code, evidence of cultivation taking place outdoors shall not be visible from any public right-of-way; and

(b) If cultivation takes place within a residence or a structure other than a residence: (i) lighting for cultivation purposes shall not exceed 1200 watts unless a written certification is first obtained from a licensed electrician that the cultivation site has all necessary electrical permits required by the California Building Codes to ensure that the growing operations can be carried out safely; (ii) the use of flammable products such as butane or alcohol for cultivation or processing purposes are prohibited: and (iii) exterior evidence of cultivation is prohibited.

(2) A cultivation site granted an exemption by the Planning Director pursuant to Santa Cruz County Code section 13.10.670 (g) as enacted by Ordinance #5090, so long as the area subject to cultivation is not expanded or enlarged beyond what existed at that location on January 1, 2012.

7.126.040 Limited immunity for medical marijuana cultivation business.

(K) Every medical marijuana cultivation business is prohibited if:

(1) It is located on a parcel less than one acre in size;

(2) It is located on a parcel zoned RA (Residential Agriculture) which is less than five acres in size;

(3) It is located on any parcel within that area defined by section 2.04.030 of the Santa Cruz County Code which is less than five acres in size;

(4) The location contains more than ninety-nine (99) marijuana plants; or

(5) If the total garden canopy for any parcel exceeds the following limits:

(a) For a parcel of one acre but less than five acres in size: one thousand (1,000) square feet of garden canopy with all marijuana plants set back at least one hundred (100) feet from any habitable structure located on an adjacent parcel;

(b) For a parcel greater than five acres but less than ten acres in size: two thousand (2,000) square feet of garden canopy with all marijuana plants set back at least two hundred (200) feet from any habitable structure located on an adjacent parcel;

(c) For a parcel greater than ten acres in size: three thousand (3,000) square feet of garden canopy with all marijuana plants set back at least three hundred (300) feet from any habitable structure located on an adjacent parcel.
MCalcoF  

65.   CONSIDERED approval in concept of an ordinance relating to the cultivation of medical marijuana and making CEQA determinations;

(1) took public testimony concerning the proposed medical marijuana cultivation ordinance;

(2) approved the CEQA determination;

(3) approved "in concept" ordinance relating to the Cultivation of Medical Marijuana to return on February 11, 2014 for final adoption; with the following changes:

(a) on page 8 of 10 of the ordinance, in Section I(3), change "the landlord signing that they agree to use the cultivation of marijuana to the cultivation of specialty crops;

(b) change the terminology of marijuana throughout this ordinance and the previous ordinance from marijuana to cannabis;

(c) on page 8 of 10 of the ordinance, in Section (K)(2), insert the word "outdoor" to read: "The outdoor location contain more than 99 flowering plants;

(d) incorporate Conflict of Interest provision submitted by the Farm Bureau; and return in October 2014 to take a look at it and make sure it is working correctly;

(e) amend Section 7.126.030 to read: "It is unlawful and shall constitute a public nuisance for any medical cannabis cultivation business to cultivate cannabis." ;

(f) on page 6 of the ordinance, Section 7.126.020, under Item Q, Third-Party Standards and Certification Program, add a 7th element, that reads: "a conflict of interest element containing the following requirements:"

(a) Not certifying a cannabis production or handling operation if the certifying agent or a responsibly connected party of such certifying agent has or has held a commercial interst in the production or handing operation, including an immediate family interest or the provision of consulting services, within the 12-month period prior to the application for certification;

(b) Excluding any person, including contractors, with conflicts of interest from work, discussions, and decisions in all stages of the certification process and the monitoring of certified production or handling operations for all entities in which such person has or has held a commercial interest, including an immediate family interest or the provision of consulting services, within the 12-month period prior to the application for certification;

(c) Not permitting any employee, inspector, contractor, or other personnel to accept payment, gifts, or favors of any kind, other than prescribed fees, from any business inspected; and

(d) Requiring all persons who review applications for certification, perform on-site inspections, review certification documents, evaluate qualifications for certification, make recommendations concerning certification, or make certification decisions and all parties responsibly connected to the certifying agent to complete an annual conflict of interest disclosure report
CoLCaMf  

65.1.   ACCEPTED AND FILED the 2013 Live Oak Parking Program (LOPP) Report; directed staff to initiate the 2014 LOPP; adopted RESOLUTION NO. 18-2014 Establishing the designated parking zone; adopted RESOLUTION NO. 19-2014 Establishing the Period of Restricted Parking; and adopted RESOLUTION NO. 20-2014 Establishing the 2013 Fees for the 2014 LOPP
LCoCaMF  

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.