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Meeting date/time:
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1/30/2018
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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18-00007
| | Agenda Item | CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code section 54956.9)
Alcox v. City of Lompoc, et al., United States District Court for the Central District of California, case number 5:17-cv-00507-JVS (AJW).
Barbere v. County of Santa Barbara, et al., United States District Court for the Central District of California, case number 2:17-cv-07702-MWF (MRW).
Whitson v. Santa Barbara County, et al., Santa Barbara County Superior Court case number 16CV03698.
Schlags v. County of Santa Barbara, Workers’ Compensation Appeals Board case numbers ADJ4319101, ADJ6656078, ADJ7161373, ADJ7191789, and ADJ727212.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
(Paragraph (4) of subdivision (d) of Government Code section 54956.9)
Deciding whether to initiate civil litigation: 1 case.
PUBLIC EMPLOYEE APPOINTMENT
(Paragraph (1) of subdivision (b) of Government Code section 54957)
Human Resources Director. | |
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18-00069
| A-1) | Agenda Item | Consider recommendations regarding the approval of Amendment No. 2 to the Contract with Brown Armstrong Accountancy Corporation for County's Annual Financial Audits, as follows:
a) Approve and authorize the Chair to execute Amendment No. 2 to the contract with Brown Armstrong Accountancy Corporation (Brown Armstrong) [not a local vendor] in the amount of $147,000.00 to perform the following audit services, for the Fiscal Year 2017-2018:
i) The annual financial audit for the County;
ii) The Single Audit;
iii) The First 5 Commission’s annual financial audit; and
iv) The annual Treasury financial and compliance audits; and
b) Determine that the above actions are not a project under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15378(b)(5), because they are government fiscal activities which do not involve commitment to any specific project which may result in potentially significant physical impact on the environment. | Pass |
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18-00077
| A-2) | Agenda Item | Consider recommendations regarding Property Assessed Clean Energy (PACE) special assessments for the City of Santa Barbara/California Statewide Communities Development Authority (CSCDA), as follows:
a) Approve and authorize the Chair to execute the Agreement for Collection of Special Taxes and Special Assessments with CSCDA 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 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 CSCDA on the County tax rolls for the City of Santa Barbara, who has entered into a joint powers agreement with CSCDA, in order to participate and enroll in the CSCDA Open PACE Program which is a residential Property Assessed Clean Energy (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) | Pass |
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18-00078
| A-3) | Agenda Item | Consider recommendations regarding the 2020 Census: Local Update of Census Addresses (LUCA), as follows:
a) Authorize the County to participate in the 2020 Local Update of Census Addresses (LUCA) by using local agency information to update data provided by the U.S. Census Bureau;
b) Designate Dennis Bozanich, Deputy County Administrative Officer to be the LUCA Liaison;
c) Approve and authorize the Chair to execute the LUCA registration form; and
d) Determine the above actions are 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 actions consist of organizational or administrative activities of the government that will not result in direct or indirect physical changes in the environment. | Pass |
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18-00042
| A-4) | Agenda Item | Consider recommendations regarding Assessment Appeals Case Management, as follows:
a) Receive and file a status report on Property Tax Assessment Appeals and the disposition of existing “complex” cases; and
b) Determine pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5) that the above action is not a project subject to CEQA review, because the action consists of organizational and administrative activities of governments that will not result in direct or indirect physical changes in the environment. | Pass |
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18-00076
| A-5) | Agenda Item | Consider recommendations regarding a Resolution adopting an organ and bone marrow donor policy, as follows:
a) Find that granting paid leave to employees who serve as organ or bone marrow donors is in the best interest of the County, and does not amount to a gift of public funds, because it mirrors the requirements in State law for State employees and private businesses with 15 or more employees;
b) Adopt a Resolution which adopts an organ and bone marrow leave policy which grants up to 240 hours of paid leave for an employee donating a kidney after using 80 hours of accrued sick leave or vacation, and up to 40 hours of paid leave for an employee donating bone marrow after using 40 hours of accrued sick leave or vacation; and
c) Determine pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4) that the above action is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, and therefore is not a project subject to environmental | Pass |
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18-00070
| A-6) | Agenda Item | Consider recommendations regarding a Statement of Final Quantities for storm damage repair on Stowell Road Hydraulic Ditch Stabilization, County Project No. 862391, Fifth District, as follows:
a) Approve and authorize the Chair to execute Statement of Final Quantities for the 17STM1 storm damage repair on Stowell Road Hydraulic Ditch Stabilization for work performed and materials supplied by J.F. Will Company, Inc., (a local vendor), 2640 Industrial Parkway, Santa Maria, CA 93455, in the amount of $464,199.04; and
b) Determine that the project was found by your Board to be exempt from the provisions of the California Environmental Quality Act pursuant State Guidelines Section 15301(c) on May 16, 2017, a Notice of Exemption was filed on that basis, and the proposed action is within the scope of the Notice of Exemption. | Pass |
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18-00021
| A-7) | Agenda Item | Consider recommendations regarding Lower Mission Creek Flood Control Project Reaches 3 and 4, First District, as follows:
Acting as the Board of Directors, Flood Control and Water Conservation District:
a) Approve and authorize the Chair to execute Amendment No. 1 to the Agreement for Services of Independent Contractor with Bengal Engineering (a local vendor) to provide engineering design services for the Lower Mission Creek Flood Control Project, Reaches 3 and 4 (BC 17-117), increasing the contract amount of $362,575.00 to a not-to-exceed amount of $434,545.00, an increase of $71,970.00;
b) Authorize an increase of $7,197.00 to the contingency amount of $36,257.50 to a total contingency amount to $43,454.50 with Bengal Engineering for additional work that may be needed to complete work for the project; and
c) Find that pursuant to the California Environmental Quality Act Guidelines section 15162, no substantial changes are proposed, there are no substantial changes in circumstances and no new information of substantial importance has come to light regarding environment | Pass |
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18-00072
| A-8) | Agenda Item | HEARING - Consider recommendations regarding amending Chapters 24A and 29-24 of the Santa Barbara County Code relating to fines and penalties for violations regarding discharge into Laguna County Sanitation District Treatment System, Third, Fourth and Fifth Districts, as follows: (EST. TIME: 15 MIN.)
a) Consider the introduction (first reading) of Ordinances (2) amending Chapters 24A and 29-24 of the Santa Barbara County Code relating to administrative fines and penalties for violations to Chapter 29, Article III - Discharge into Laguna County Sanitation District Treatment System;
b) Continue to the Administrative Agenda of March 13, 2018 to consider recommendations, as follows:
i) Consider adoption (second reading) of Ordinances (2) amending Chapters 24A and 29-24 of the Santa Barbara County Code relating to administrative fines and penalties for violations to Chapter 29, Article III - Discharge into Laguna County Sanitation District Treatment System;
ii) Read the title of the Ordinances (2) and waive the reading of the Ordinances in full; and
iii) Find that the proposed Ordina | Pass |
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18-00071
| A-9) | Honorary Resolution | Adopt a Resolution of Commendation honoring Dawn Hanna-Coles upon her retirement from the Department of Social Services after over 35 years of service to Santa Barbara County. | Pass |
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18-00073
| A-10) | Honorary Resolution | Adopt a Resolution of Commendation honoring Lourdes Kraft upon her retirement from the Social Services Department after over 34 years of service to the community of Santa Barbara County. | Pass |
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18-00074
| A-11) | Honorary Resolution | Adopt a Resolution of Commendation honoring LuAnn Miller upon her retirement from the Isla Vista Youth Projects after over 33 years of extraordinarily distinguished and consequential service to the Children and Families of the County of Santa Barbara. | Pass |
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18-00075
| A-12) | Honorary Resolution | Adopt a Resolution of Commendation honoring Ruthie Page and Barbara Zamora of the Auditor-Controller’s Department as the January 2018 Employees of the Month in Santa Barbara County. | Pass |
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18-00079
| A-13) | Agenda Item | Consider recommendations regarding Amendment No. 1 to the Agreements to Provide Trucking and On-Call Maintenance Services, as follows:
Acting as the Board of Directors, Flood Control and Water Conservation District:
a) Approve and authorize the Public Works Director or his designee to execute amendments increasing the contract amount by $500,000.00 to an amount of not-to-exceed of $800,000.00 for trucking services with the following contractors:
i) Bob’s Backhoe and Trucking (a local vendor); and
ii) RLF Trucking and Grading Corp (a local vendor);
b) Approve and authorize the Public Works Director or his designee to execute amendments increasing the contract amount by $500,000.00 to a not-to-exceed of $850,000.00 for on-call maintenance and protection services with the following contractors:
i) Bob’s Backhoe and Trucking (a local vendor);
ii) Lash Construction, Inc. (a local vendor); and
iii) Granite Construction, Inc. (a local vendor); and
c) Find that the recommended actions to amend contracts for trucking and maintenance services are fiscal activities not cons | Pass |
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18-00093
| A-14) | Appointment/BOS item | Consider recommendations regarding a Resolution opposing new offshore oil leases in federal waters off of the California Coast, as follows:
a) Consider adopting a Resolution opposing new offshore oil leasing off the coast of California as proposed in the Draft Proposed Five-Year Outer Continental Shelf Leasing Program for 2019 through 2024 by the Bureau of Ocean Energy Management (BOEM) and referenced in Federal Register Volume 83, Number 5 (Monday, January 8, 2018) Notices, Pages 829-834, FR Doc No: 2018-00083; and
b) Determine that the recommended actions do not constitute a project subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), finding that the project is an organizational or administrative activity of governments that will not result in direct or indirect physical changes in the environment, and direct staff to file a Notice of Exemption. | Pass |
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18-00028
| 1) | Agenda Item | HEARING - Consider the adoption of the Montecito Architectural Guidelines and Development Standards Limited Update, Phase II, First District, as follows: (30 MIN.)
a) Make the findings for approval, including California Environmental Quality Act (CEQA) findings;
b) Determine that the project is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15265;
c) Adopt a Resolution amending the Montecito Architectural Guidelines and Development Standards;
d) Adopt an Ordinance amending the Montecito Land Use and Development Code (MLUDC) (Case No. 17ORD-00000-00011), Section 35-2 of Chapter 35, Zoning, of the Santa Barbara County Code;
e) Adopt an Ordinance amending the Coastal Zoning Ordinance (CZO) (Case No. 17ORD-00000-00012), of Chapter 35, Zoning, of the Santa Barbara County Code; and
f) Adopt a Resolution authorizing staff to submit the amendments to the Santa Barbara County Local Coastal Program to the California Coastal Commission for review and certification.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE | Pass |
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18-00027
| 2) | Agenda Item | HEARING - Consider recommendations regarding the O’Neil Residence, Variance, General Plan Amendment and Rezone, Case No’s:08GPA-00000-00007, 08RZN-00000-00006, 12VAR-00000-00012, and 08CDH-00000-00040, Assessor’s Parcel Number (APN) 005-250-001, located at 2551 Wallace Avenue in the Summerland area, First District, as follows: (EST. TIME: 1 HR.)
Hearing on the request of Patsy Price, agent for the owner, Jeffery O’Neil to consider the following:
a) Case No. 08GPA-00000-00007, [application filed on July 30, 2008] for a Local Coastal Program Amendment to change the land use designation of the property from Recreation/Open Space to Residential, 4.6 units/acre;
b) Case No. 08RZN-00000-00006, [application filed on July 30, 2008] for a rezone to change the zoning of the property from REC to 7-R-1;
c) Case No. 12VAR-00000-00012, [application filed on February 8, 2012] for a Variance from the parking and setback regulations in compliance with Section 35-173 of the Article II Coastal Zoning Ordinance on property zoned 7-R-1, to allow: a north setback of 2 feet 4 inches instead of the requ | Pass |
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18-00016
| 3) | Agenda Item | HEARING - Consider recommendations regarding Lower Mission Creek - Reaches 2B-Phase II and 3 (De La Vina Holdings, LLC) (APN: 037-245-018) Fee Acquisitions, Second District, as follows: (4/5 Vote Required) (EST. TIME: 30 MIN.)
Acting as the Board of Directors, Flood Control and Water Conservation District:
a) Adopt a Resolution of Necessity to facilitate the acquisition of the fee interest in the real property for Reach 2B-Phase II and Reach 3 - the Lower Mission Creek Project on the property located at 324 De La Vina Street, Santa Barbara, (Property), which is owned by De La Vina Holdings, LLC.;
b) Authorize the Director of Public Works, or designee, to deposit with the Santa Barbara Superior Court a sum equal to the Parcel’s appraised fair market value, estimated at $1,660,000.00, plus related costs and fees, in order to acquire the Property; and
c) Find that pursuant to the California Environmental Quality Act (CEQA) Section 15162, no new effects will occur and no new mitigation measures would be required as a result of the approval of the recommended action and theref | Pass |
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18-00031
| 4) | Agenda Item | Consider recommendations regarding ERG Operating Company, LLC Foxen Petroleum Pipeline (R/P File No.: 003822), Santa Maria, Fifth District, as follows:
a) Approve the adoption (Second Reading) of the Ordinance granting the Public Pipeline Franchise to ERG to facilitate ERG’s Foxen Petroleum Pipeline Project; and
b) Find that pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, there are no substantial changes proposed in the recommended actions regarding a public franchise for the Foxen Petroleum Pipeline Project that will require major revisions to the Environmental Impact Report (13EIR-00000-00002), certified by the Santa Barbara County Planning Commission on March 11, 2015, on file with the State Clearinghouse as file No. 2013061011; no substantial changes have occurred with respect to the circumstances under which the project is undertaken; and there is no new information of substantial importance that has come to light regarding environmental effects of the project or of the sufficiency or feasibility of mitigation measures; and therefore app | Pass |
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18-00094
| 5) | Agenda Item | HEARING - Consider recommendations regarding an Update on Thomas Flood Disaster Recovery Efforts, as follows: (EST. TIME: 20 MIN.)
a) Receive and file an update on Thomas Flood Disaster Recovery Efforts; and
b) Provide further direction to staff as appropriate.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE | Pass |
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18-00095
| 6) | Agenda Item | HEARING - Consider the adoption of a Summary Nuisance Abatement of Storm Emergency Debris from the Thomas Fire within stream channels - Urgency Ordinance amending Article V, Chapter 17 of the Santa Barbara County Code, as follows: (4/5 Vote Required) (EST. TIME: 30 MIN.)
a) Adopt the Summary Nuisance Abatement of Storm Emergency Debris - Urgency Ordinance, allowing the Director of Public Works to authorize, when it constitutes an immediate threat to life, public health, and safety, actions necessary to enter private property impacted by debris flows from the Thomas Fire to clear sediment, debris or other obstructions within stream channels and within 100 feet of the top of bank of stream channels;
b) Read the title and waive further reading of the Urgency Ordinance;
c) Determine that adoption of the Urgency Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269; and
d) Waive the Notice of Exemption 6-day posting requirement for good cause pursuant to CEQA Guidelines Section V.D.2.
COUNTY EXECUTIVE OFFICER’S RECOMMEND | Pass |
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