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Meeting date/time:
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4/4/2017
9:00 AM
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Minutes status:
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Approved
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Meeting location:
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COUNTY ADMINISTRATION BUILDING
BOARD HEARING ROOM, FOURTH FLOOR
105 EAST ANAPAMU STREET, SANTA BARBARA
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17-00007
| | Agenda Item | CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code section 54956.9)
In re: Venoco, LLC, et al., United States Bankruptcy Court for the District of Delaware case number 17-10828 (KG).
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code section 54956.8)
Property: Assessor's Parcel Numbers 085-243-002-003, 085-243-002-013, and 085-213-017, at 303 South C Street, Lompoc, California (Fourth Supervisorial District). Agency negotiator: General Services Director Janette D. Pell. Negotiating party: Jim Raggio, CEO, Lompoc Valley Medical Center, Lompoc Healthcare District. Under negotiation: price and terms of payment. | |
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17-00255
| A-1) | Agenda Item | Consider recommendations regarding Property Assessed Clean Energy (PACE) Special Assessments for the City of Lompoc, as follows:
a) Approve and authorize the Chair to execute the Agreement for collection of special taxes and special assessments with Western Riverside Council of Governments (WRCOG) establishing fees for placement of voluntary residential special assessments on the County tax roll pursuant to Streets and Highways Code section 5898.20(b) and reimbursing the County for expenses incurred for annual processing, correction of errors and special reporting requests;
b) Authorize the Auditor-Controller to place residential special assessments administered by WRCOG on the County tax rolls for the City of Lompoc, who has entered into a joint powers agreement with WRCOG, in order to participate and enroll in the WRCOG California Home Energy Renovation Opportunity (HERO) Program which is a residential PACE program; and
c) Find that the proposed actions are not a project under the California Environmental Quality Act (CEQA) pursuant to Sections 15378(b)(4) and 15378(b)(5) | Pass |
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17-00252
| A-2) | Agenda Item | Consider recommendations regarding a Community Corrections Partnership report on the Mental Health Rehabilitation Center feasibility study and Budget Revision Request, as follows:
(4/5 Vote Required)
a) Receive and file a Board Letter reporting on Santa Barbara County’s Executive Committee of the Community Corrections Partnership and the Community Corrections Partnership’s intent to fund a feasibility study to assess the need for capital funding in converting the former Santa Barbara Juvenile Hall into a Mental Health Rehabilitation Center;
b) Approve Budget Revision Request No. 0004947 establishing appropriations of $50,000.00 in Probation Department General Fund for Other Financing Uses funded by release of Restricted Local Realignment 2011 fund balance and establishing appropriations of $50,000.00 in the General Services Department Capital Outlay Fund for Capital Assets funded by an operating transfer of AB 109 funds from the Probation Department; and
c) Determine that the above actions are government fiscal activities or funding mechanisms which do not involve any c | Pass |
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17-00245
| A-3) | Agenda Item | Consider recommendations regarding the approval and execution of County Loan Documents to provide $300,000.00 in Community Development Block Grant (CDBG) funds to Isla Vista Youth Projects, Inc. for Building Acquisition, Third District, as follows:
a) Approve loan of $300,000.00 in CDBG funds to Isla Vista Youth Projects, Inc. for building acquisition and authorize the Chair to execute a County CDBG Loan Agreement, a County CDBG Loan Promissory Note, a County CDBG Loan Deed of Trust, and a County CDBG Loan Regulatory Agreement (together, the County CDBG Loan Documents) between the County and Isla Vista Youth Projects, Inc.;
b) Authorize the Chair to execute a Subordination Agreement, which subordinates a second mortgage line of credit from American Riviera Bank, in the amount of $300,000.00 to the County CDBG Loan Documents; and
c) Determine that the recommended actions are not the approval of a project that is subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4), finding that the actions are not a | Pass |
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17-00244
| A-4) | Agenda Item | Consider recommendations regarding a grant application to California State Parks Division of Boating and Waterways (DBW) for the Quagga and Zebra Mussel Infestation Prevention Program at Cachuma Lake, Third District, as follows:
a) Authorize the Director of the Community Services Department, or designee, to apply for a grant from the DBW for the Quagga and Zebra Mussel Infestation Prevention Program at Cachuma Lake by submitting the grant application, including all required attachments and supporting documentation;
b) Adopt a Resolution for authorizations by and designations of the Director of Community Services Department, or designee, as part of the DBW application for the Quagga and Zebra Mussel Infestation Prevention Program;
c) Authorize the Director of Community Services Department, or designee, to execute and submit the Grant Agreement in a form substantially similar to the DBW draft agreement and upon review and concurrence of County Counsel, Auditor-Controller, and Risk Manager or their designee if the DBW grant is awarded;
d) Determine that the Project is exem | Pass |
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17-00230
| A-5) | Agenda Item | Consider recommendations regarding an agreement for Professional Legal Services with Outside Counsel (Nielsen, Merksamer, Parrinello, Gross and Leoni, LLP) for Consultation on Tribal Relations, as follows:
a) Approve and authorize the Chair to execute the agreement for Professional Legal Services between the County of Santa Barbara and Nielsen, Merksamer, Parrinello, Gross and Leoni, LLP, in an amount not to exceed $25,000.00; and
b) Determine that the above action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5) because it consists of government administrative or fiscal activities that will not result in direct or indirect physical changes in the environment. | Pass |
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17-00257
| A-6) | Agenda Item | Consider recommendations regarding Ratification of Carpinteria-Summerland Fire Protection District’s (CSFPD) adoption of Ordinance No. 2017-01 (adopting and amending 2016 California Fire Code), as follows:
a) Adopt a Resolution ratifying CSFPD’s Ordinance No. 2017-01 that: 1. Adopts by reference and amends the 2016 California Fire Code and Appendix Chapters and Appendix Standards prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion; 2. Provides for the issuance of permits for hazardous uses or operations; 3. Establishes a bureau of fire prevention and provides officers therefore and defines their powers and duties within the District; 4. Amends section R313 of the California Residential Code; and 5. Repeals CSFPD’s Ordinance No. 2013-01;
b) Upon ratification of the Ordinance, instruct staff to forward a copy of the Board’s ratifying Resolution, and CSFPF’s Ordinance (including CSFPD’s findings), to the California Department of Housing and Community Development, pursuant to Health and Safety Code Section 13869.7; | Pass |
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17-00021
| A-7) | Agenda Item | Consider recommendations regarding re-ratification of a Proclamation of Local Emergency caused by drought conditions, last action November 14, 2017, (Thirty-Day Renewal), as follows:
a) Adopt a Resolution re-ratifying the Proclamation of Local Emergency caused by drought conditions that exist in Santa Barbara County pursuant to Government Code Section 8630(c);
b) Direct the Office of Emergency Management to return monthly for re-ratification of the Emergency until such a time that weather and water supply conditions dictate otherwise; and
c) Determine that this project was found by your Board to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant State CEQA Guidelines Sections 15061(b) (3) and 15269(a), and that the proposed actions are within the scope of the prior CEQA exemption. | Pass |
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17-00261
| A-8) | Agenda Item | Approve Budget Revision Requests (SEE EXHIBIT A POSTED WITH AGENDA). (4/5 Vote Required). | Pass |
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17-00190
| A-9) | Agenda Item | Consider recommendations regarding a proposed Fee Ordinance for the Planning and Development Department, as follows:
a) Consider and approve the adoption (second reading) of an Ordinance amending fees for Planning and Development Department services effective 60 days after adoption; and
b) Find that the proposed action is an administrative activity of the County, which will not result in direct or indirect physical changes in the environment and is therefore not a “project” as defined for purposes of the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15273(a)(1) and 15378(b)(5). | Pass |
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17-00240
| A-10) | Agenda Item | Consider recommendations regarding the Montecito Growth Management Ordinance (MGMO) Annual Director’s Report for 2016, as follows:
a) Receive and file the Planning and Development Director’s 2016 annual report regarding the health and safety findings relative to continuing the Montecito Growth Management Ordinance No. 4763 (MGMO); and
b) Determine that the above action is an administrative activity that will not result in direct or indirect physical changes to the environment and thus is not a project as defined under Section 15378(b)(5) of the State Guidelines for the Implementation of the California Environmental Quality Act. | Pass |
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17-00241
| A-11) | Agenda Item | Consider recommendations regarding the Agreement for Long Term Maintenance and Monitoring for the Casa Dorinda Open Space Easement, as follows:
a) Approve and authorize the Chair to execute the Agreement for Long Term Maintenance and Monitoring (Casa Dorinda Open Space Easement); and
b) Determine that this action is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment. | Pass |
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17-00242
| A-12) | Agenda Item | Consider recommendations regarding a Public Convenience or Necessity Determination for Los Olivos Grocery, Case No. 17PCN-00000-00001, as follows:
a) Approve and authorize the Chair to sign a letter and forward the application and letter to the California Department of Alcohol Beverage Control (ABC) determining that public convenience will be served by issuing the new Off-Sale General license to the Los Olivos Grocery, located at 2621 Highway 154 in Los Olivos; and
b) Determine that this activity is exempt from California Environmental Quality Act (CEQA) review per CEQA Guidelines Section 15378(b)(5); this section exempts the licensing of existing structures involving negligible or no expansion of use. | Pass |
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17-00243
| A-13) | Agenda Item | Consider recommendations regarding an El Capitan Canyon Grading Emergency Permit, as follows:
a) Receive and file a report on Emergency Permit 17EMP-00000-00001, which authorized excavation to create positive flow in the El Capitan Creek which was obstructed by debris and boulders from the storm of January 20, 2017;
b) Determine that issuance of the emergency permit is exempt from the California Environmental Quality Act (CEQA) pursuant CEQA Guidelines section 15269(c), as this action was necessary to prevent or mitigate an emergency; and
c) Determine that receiving and filing this report is not a project pursuant to CEQA Guidelines section 15378(b)(5), as it is an administrative government activity that will not result in direct or indirect physical changes in the environment. | Pass |
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17-00246
| A-14) | Agenda Item | Consider recommendations regarding a Memorandum of Understanding and License Agreement between Partner Organization and Animal Services, Second District, as follows:
a) Approve and authorize the Chair to execute a Memorandum of Understanding Agreement between the Animal Shelter Assistance Program organization and Santa Barbara County that annually renews after an initial period through June 30, 2018;
b) Approve and authorize the Chair to execute a License Agreement between the Animal Shelter Assistance Program organization and Santa Barbara County for the use of a portion of the Animal Shelter facility in Goleta, for a period of 5 years; and
c) Determine that these activities are exempt from California Environmental Quality Act (CEQA) review per CEQA Guideline Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the activities may have a significant effect on the environment, and direct staff to file a Notice of Exemption. | Pass |
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Video
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17-00247
| A-15) | Agenda Item | Consider recommendations regarding a Fifth Amendment to the SUNRx 340B Prescription Drug Administrative Services Agreement, as follows:
a) Approve and authorize the Chair to execute the Fifth Amendment to the SUNRx Prescription Drug Administrative Services Agreement for the ongoing development and administration of a 340B Pharmacy Network administered by the Public Health Department by adding CVS to the list of waived exclusivity; and
b) Determine that execution of this Fifth Amendment is not a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the action is an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. | Pass |
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17-00251
| A-16) | Agenda Item | Consider recommendations regarding the acceptance of a cash donation greater than $10,000.00 from the Service League of Santa Barbara General Hospital, as follows: (4/5 Vote Required)
a) Accept a cash donation of $35,787.18 from the Service League of Santa Barbara General Hospital to the Santa Barbara County Public Health Department (PHD);
b) Approve Budget Revision Request No. 0004927 to increase appropriations by $35,788.00 in the Public Health Department’s Special Revenue Fund for the acceptance of a donation of $35,787.18 from the Service League of Santa Barbara General Hospital to provide outside patient specialty care services; and
c) Determine that acceptance of the donation is not a “Project” under the California Environmental Quality Act(CEQA) and is exempt from environmental review per CEQA Guideline Section 15378(b)(4), since it is a government funding mechanism and other fiscal activity that does not involve any commitment to a specific project that may result in a potentially significant effect on the environment. | Pass |
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17-00239
| A-17) | Agenda Item | Consider recommendations regarding Maria Ygnacio Creek Main Branch and East Branch Debris Basins Modification Project, Second District, as follows:
Acting as the Board of Directors, Flood Control and Water Conservation District:
a) Authorize the Public Works Director to advertise and receive bids for construction of the Maria Ygnacio Creek Main Branch and East Branch Debris Basins Modification Project;
b) Approve and authorize the Chair to execute the Agreement for Services of Independent Contractor with Filippin Engineering (a local vendor) to provide construction management services for the Maria Ygnacio Creek Main Branch and East Branch Debris Basins Modification Project, for the period of April 4, 2017 through April 30, 2018 in an amount not to exceed $130,016.00;
c) Authorize the Public Works Director or designee to approve amendments to the professional services agreement with Filippin Engineering in an amount not to exceed $13,001.60; and
d) Find that the recommended actions to advertise and receive bids and execute an Agreement for Services, are fiscal acti | Pass |
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17-00234
| A-18) | Agenda Item | Consider recommendations regarding the Fourth Quarter Grievance Oversight Coordinator Report, as follows:
a) Receive and file the Fourth Quarter Report for 2016 from the Santa Barbara County Jail’s Grievance Oversight Coordinator;
b) Receive and file the 2016 Annual report from the Santa Barbara County Jail’s Grievance Oversight Coordinator; and
c) Determine this action is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15378(b) (5), which are organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment. | Pass |
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17-00236
| A-19) | Appointment/BOS item | Approve the appointment of Andrew Tosh to the Human Services Commission, term ending June 30, 2020, First District. | Pass |
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17-00231
| A-20) | Appointment/BOS item | Approve the reappointment of Stan Schwartz to the Fire Appeals Board, term ending April 1, 2019, Second District. | Pass |
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17-00232
| A-21) | Appointment/BOS item | Approve the reappointment of Fran Clow to the Housing Authority Board of Commissioners, term ending January 1, 2021, Third District. | Pass |
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17-00260
| A-22) | Appointment/BOS item | Approve the appointment of Tami Rabska to the Commission for Women, term ending January 1, 2019, Fourth District. | Pass |
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17-00237
| A-23) | Honorary Resolution | Adopt a Resolution of Commendation honoring Mary Vidmar upon her retirement from the Department of Child Support Services after 37 years of faithful and distinguished service to the citizens of Santa Barbara County. | Pass |
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17-00238
| A-24) | Honorary Resolution | Adopt a Resolution proclaiming the week of April 2, 2017 through April 8, 2017 as National Crime Victims’ Rights Week in Santa Barbara County. | Pass |
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17-00249
| A-25) | Honorary Resolution | Adopt a Resolution recognizing the contributions of the Service League Volunteers to the Santa Barbara County Public Health Department. | Pass |
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17-00235
| A-26) | Honorary Resolution | Adopt a Resolution of Commendation honoring Shawna Jorgensen as the April 2017 Employee of the Month for Santa Barbara County. | Pass |
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17-00253
| A-27) | Honorary Resolution | Adopt a Resolution of Commendation honoring Melinda J. Hauser, Probation Department, upon her retirement after 31 years of service to the County of Santa Barbara. | Pass |
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17-00233
| A-28) | Honorary Resolution | Adopt a Resolution proclaiming the month of April 2017 as DMV/Donate Life Month in Santa Barbara County. | Pass |
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17-00228
| 1) | Agenda Item | HEARING - Consider recommendations regarding an extension of the Nonmedical Marijuana Interim Urgency Ordinance that the Board of Supervisors adopted on April 4, 2017, as follows: (EST. TIME: 30 MIN.)
a) Receive and file a report that describes the measures taken to alleviate the condition which led to the adoption of the Nonmedical Marijuana Interim Urgency Ordinance, pursuant to Government Code section 65858(d);
b) Adopt the urgency Ordinance which extends the Nonmedical Marijuana Interim Urgency Ordinance by 22 months and 15 days, thereby extending the temporary moratorium on any activities associated with the Adult Use of Marijuana Act (AUMA), including the cultivation, distribution, transportation, storage, manufacturing, processing, and selling of nonmedical marijuana, nonmedical marijuana products, and industrial hemp, and on personal outdoor cultivation (Case No. 17ORD-00000-00004);
c) Determine that the Nonmedical Marijuana Interim Urgency Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sec | Pass |
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17-00256
| 2) | Agenda Item | Consider recommendations regarding a proposed Ordinance establishing a Non-Personal Cannabis Cultivation and Related Operations Registry Program, as follows:
a) Consider and approve the adoption (second reading) of an "Ordinance of the County of Santa Barbara, establishing a limited term non-personal cannabis cultivation and related operations registry program within the unincorporated areas of Santa Barbara County;" and
b) Find that the proposed action is an administrative activity of the County, which will not result in direct or indirect physical changes to the environment and is therefore not a "project" as defined for the purposes of the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15378(b)(5). In addition, the proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity may have a significant effe | Pass |
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17-00248
| 3) | Agenda Item | HEARING - Consider recommendations regarding a progress report on the implementation of American Humane Association (AHA) Recommendations, as follows: (EST. TIME: 1 HR.)
a) Receive and file a progress report on the implementation of recommendations from the AHA Program Assessment of the County Animal Services program; and
b) Determine that the above actions are organizational and administrative activities of government that are not a project under the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(5) of the CEQA Guidelines, and direct staff to file the Notice of Exemption.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE | Pass |
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17-00250
| 4) | Agenda Item | HEARING - Receive and file a presentation prepared jointly by the County Assessor and Auditor-Controller discussing property tax administration and the current status of the 2017 Assessment Roll. (EST. TIME: 30 MIN.)
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE | Pass |
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17-00258
| 5) | Agenda Item | Consider recommendations regarding an Ordinance reauthorizing the County’s Public, Educational and Governmental Access (PEG) Fee on State Video Franchises, as follows:
a) Consider and approve the adoption (second reading) of an Ordinance Reauthorizing the PEG Fee on State Video Franchises Operating within the Unincorporated Area of the County of Santa Barbara; and
b) Determine that the proposed actions are not a “project” under the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, in that they are administrative activities that will not result in direct or indirect physical changes in the environment, and approve and authorize the Clerk to post the Notice of Exemption. | Pass |
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17-00205
| 6) | Agenda Item | HEARING - Consider recommendations regarding Measure A Program of Projects for Fiscal Year 2017-2018, as follows: (EST. TIME: 15 MIN.)
a) Adopt a Resolution for the Measure A Five-Year Local Program of Projects for Fiscal Years 2017-2018 through 2021-2022, for submittal to the Santa Barbara County Local Transportation Authority for acceptance;
b) Reaffirm the existing distributions of Measure A revenues: 50 percent population and 50 percent lane miles for the South Coast, and 100 percent lane miles for North County;
c) Reaffirm Resolution 10-101, which establishes priorities and policies for the use of the local portion of the one-half of one percent (1/2%) sales tax for the transportation needs in Santa Barbara County;
d) Direct staff to prepare Fiscal Year 2017-2018 Road Maintenance Annual Plan based upon approved Measure A distribution formula; and
e) Determine the Measure A Five Year Local Program of Projects for Fiscal Year 2017-2018 through 2021-2022 was found by your Board to be exempt from the provisions of California Environmental Quality Act pursuant to 14 | Pass |
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