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Meeting date/time:
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3/17/2020
9:00 AM
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Minutes status:
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Approved
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Meeting location:
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JOSEPH CENTENO BETTERAVIA GOVERNMENT ADMINISTRATION
BUILDING, BOARD HEARING ROOM
511 EAST LAKESIDE PARKWAY, SANTA MARIA
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20-00001
| | Agenda Item | The County Executive Officer’s Report will include, but not be limited to, a brief update on the Coronavirus Disease 2019 (COVID-19) and Santa Barbara County’s preparations. | |
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20-00002
| | Agenda Item | CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code section 54956.9)
County of Santa Barbara v. True Horizons, LLC et al., Santa Barbara County Superior Court case number 19CV06051.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
(Paragraph (2) of subdivision (d) of Government Code section 54956.9)
Significant exposure to civil litigation: 1 case.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
(Paragraph (2) of subdivision (d) of Government Code section 54956.9)
Significant exposure to civil litigation: 1 case.
Southern California Gas submitted a claim for $79,522.17, as attached to this Agenda item. | |
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20-00193
| A-1) | Resolution to be Presented | Adopt a Resolution of Commendation honoring Jon Amate upon his retirement from the Behavioral Wellness Department after 25 years of faithful and distinguished service to the citizens of Santa Barbara County. | Pass |
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Video
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20-00197
| A-2) | Resolution to be Presented | Adopt a Resolution of Commendation honoring Becky Badenell upon her retirement from the Santa Maria Cemetery District after 13 years of dedicated service. | Pass |
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Video
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20-00194
| A-3) | Honorary Resolution | Adopt a Resolution of Commendation honoring Sergeant Alexander Josef Tipolt upon his retirement from the Sheriff’s Office after 30 years of faithful and distinguished service to the citizens of Santa Barbara County. | Pass |
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20-00198
| A-4) | Honorary Resolution | Adopt a Resolution of Commendation honoring Monica Mosqueda upon her retirement from the Department of Social Services after 41 years of faithful and distinguished service to the citizens of Santa Barbara County. | Pass |
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20-00199
| A-5) | Honorary Resolution | Adopt a Resolution of Commendation honoring Mark Mosqueda upon his retirement from the Department of Social Services after 24 years of faithful and distinguished service to the citizens of Santa Barbara County. | Pass |
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20-00202
| A-6) | Administrative Item | Consider recommendations regarding approval for the County of Santa Barbara to participate in the Pet Assistance and Support (PAS) Program Grant, as follows:
a) Approve, ratify and authorize the County to submit an application for the PAS grant funds from the State of California Department of Housing and Community Development, in an amount not to exceed $200,000.00, for crates, pet food, veterinary services, staffing, and administrative services for use at a Navigation Respite Center that Behavioral Wellness is currently developing;
b) Adopt a Resolution that authorizes the County to participate in the PAS Program; and if funds are awarded, authorizes and directs the Department of Behavioral Wellness to act on behalf of the County in connection with the award of PAS grant funds subject to final approval by the Board; 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)(5) and 15378(b)(4), finding that the | Pass |
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20-00189
| A-7) | Administrative Item | Consider recommendations regarding Loan Subordination Agreements for West Cox Apartments affordable housing project (Project) in Santa Maria, Fifth District, as follows:
a) Approve and authorize the Chair to execute a Subordination Agreement that subordinates the County’s Homeless Emergency Aid Program (HEAP) Loan Promissory Note and HEAP Loan Deed of Trust, Assignment of Rents, and Security Agreement to a Pacific Western Bank loan of up to $7,450,000.00; and
b) Determine that the recommended actions are not the acceptance and 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 project is a creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. | Pass |
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20-00190
| A-8) | Administrative Item | Consider recommendations regarding a Funding Reservation to the Buellton Senior Village Apartments affordable housing project (Project) in Buellton, Third District, as follows:
a) Approve a reservation of County funds for the Buellton Village Senior Apartments Project that will (i) be in an amount not to exceed $895,941.00; (ii) consist of HOME and/or In-Lieu funds; and (iii) be released if Cabrillo Economic Development Corporation does not receive notification of an award of low-income housing tax credits (LIHTC) for the Project by March 17, 2021;
b) Authorize the Director of Community Services Department (CSD) to sign a letter to the Buellton Village Senior Apartments project applicant indicating the approved reservation; and
c) Determine that the approval of the reservation of funding is 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 project as they are the creation of government funding mechanisms or other government | Pass |
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20-00191
| A-9) | Administrative Item | Approve Budget Revision Request No. 0006799; 0006819 (4/5 Vote Required); and Budget Revision Request No. 0006745 (Majority Vote Required). | Pass |
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Video
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20-00195
| A-10) | Administrative Item | Consider recommendations regarding Grant Agreement No. Q1975073 with the California Department of Fish and Wildlife-Office of Spill Prevention and Response, as follows: (4/5 Vote Required)
a) Adopt a Resolution authorizing the Fire Chief or designee to approve and execute Grant Agreement No. Q1975073 with the State of California Department of Fish and Wildlife Office of Spill Prevention Response for the acceptance of $10,000.00 of grant funds to purchase oil spill response equipment;
b) Approve Budget Revision Request No. 0006815; and
c) Determine this action is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4), finding that the action is a creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment. | Pass |
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20-00188
| A-11) | Administrative Item | Consider recommendations regarding Renewable Energy Systems Financing at Santa Barbara County Betteravia Campus, Fifth District, as follows: (4/5 Vote Required)
a) Approve and authorize the Chair to execute a loan agreement and promissory note, and related documents in the amount of $2,736,751.00, an increase of $614,221.00 from the prior authorized amount of $2,122,530.00 approved by the Board on November 19, 2019, for an Energy Efficiency 1% interest loan with a 10-year term from the California Energy Resources Conservation and Development Commission for the Betteravia Campus renewable energy project; and
b) Find that the recommended action is not a project under the California Environmental Quality Act (CEQA) pursuant to sections 15378(b)(4) and 15378(b)(5) of the CEQA Guidelines, because they consist of administrative and fiscal activities of government that will not result in direct or indirect physical changes in the environment. | Pass |
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Video
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20-00186
| A-12) | Administrative Item | Consider recommendations regarding the 2019 Comprehensive Plan Annual Progress Report, as follows:
a) Receive and file the 2019 Comprehensive Plan Annual Progress Report; and
b) Determine that the annual progress report is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(3) and 15378(b)(5). | Pass |
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20-00187
| A-13) | Administrative Item | Consider recommendations regarding a Second Amendment to the Landfill Gas Lease and Operating Agreement with NEO Tajiguas, LLC for the Tajiguas Landfill, County Project No. 129903, Third District, as follows:
a) Approve and authorize the Chair to execute the Second Amendment to the Landfill Gas Lease and Operating Agreement with NEO Tajiguas, LLC which addresses changes to the Agreement terms for liquid disposal costs and allows the County to terminate the Agreement as early as July 30, 2020 in exchange for a $1.85 million payment to NEO Tajiguas, LLC for the contract buyout and equipment to be left in place upon termination; and
b) Find that the proposed action does not constitute a “Project” within the meaning of the California Environmental Quality Act pursuant to 15378(b)(5), organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment. | Pass |
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20-00231
| A-14) | Administrative Item | Consider recommendations regarding the Ratification of a Declaration of Local Health Emergency and Ratification of the Proclamation of Local Emergency Regarding COVID-19, as follows:
a) Receive an update on the novel coronavirus (COVID-19);
b) Adopt a Resolution ratifying the declaration by the local health officer declaring a Local Health Emergency due to an imminent and proximate threat to the public health, within the meaning of Section 101080 of the Health and Safety Code, by the declaration of COVID-19 as a pandemic by the World Health Organization;
c) Upon termination of the State Emergency, direct the local health officer to return every 30-days for re-ratification of the Local Health Emergency until such time that the response and recovery conditions dictate otherwise;
d) Adopt a Resolution ratifying the Proclamation of Local Emergency related to COVID-19 declared by the Director of Emergency Services on March 12, 2020, when the Board of Supervisors was not in session, pursuant to Government Code Section 8550 et. seq. and Chapter 12, Section 12-5(a) of the Santa Barbara | Pass |
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20-00196
| 1) | Departmental Agenda | HEARING - Consider recommendations regarding Northern Branch Jail (NBJ) Construction Costs, Contingencies and Funding Requirements, Third District, as follows: (4/5 Vote Required) (EST. TIME: 30 MIN.)
a) Receive and file an update from staff on the progress and construction costs of the NBJ AB900 Phase II Project;
b) Approve Budget Revision Request No. 0006817 to increase appropriations within the general fund and authorize funding in the amount of $5,000,000.00 from the NBJ Operating Fund to address the anticipated funding requirements this Fiscal Year for the Northern Branch Jail project;
c) Re-authorize the General Services Director or designee to approve additional change orders to the County’s contract with SJ Amoroso Construction Company Inc. (BC16215) for a contingency amount up to $5,000,000.00 for the construction of the AB900 Phase II Northern Branch Jail Project Bid Package 1 (BP-1) for a total project authorization of $10,405,727.00; and
d) After considering the Final Subsequent Environmental Impact Report (SEIR), State Clearinghouse No. 2007111099, that the Board o | Pass |
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Video
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20-00192
| 2) | Administrative Item | Consider recommendations regarding an update on Cannabis Compliance, Enforcement and Taxation - Second Quarter, Fiscal Year (FY) 2019-2020; Approval of a Memorandum of Understanding (MOU) with the California Department of Food and Agriculture (CDFA) for Participation in a Track-and-Trace Pilot Program, as follows:
a) Receive and file an update on the status of cannabis tax collection, land use permitting, business licensing, State licensing, and enforcement;
b) Approve and authorize the County Executive Officer to execute an MOU with the CDFA, etc. to establish a pilot program whereby the County will be provided access to the State’s Track-and-Trace data for up to 250 State licenses located in the unincorporated area of the County; and
c) Find that the proposed actions are administrative activities of the County, which will not result in direct or indirect changes to the environment and therefore are not a “project” as defined for the purposes of the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15378(b)(5). | Pass |
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Video
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20-00201
| 3) | Departmental Agenda | HEARING - Consider recommendations regarding Storefront Retail Cannabis Selection Procedures within the unincorporated areas of Santa Barbara County, as follows:
(EST. TIME: 1 HR.)
a) Receive and file staff’s report on the methodology for issuing storefront retail cannabis licenses;
b) Approve the Cannabis Storefront Retail Criteria-based Scoresheet-Business Operations Proposal; and
c) Find that the proposed actions are administrative activities of the County, which will not result in direct or indirect changes to the environment and therefore are not a project as defined for the purposes of the California Environmental Quality Act (CEQA) under state CEQA Guidelines Section 15378(b)(5).
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE | Pass |
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Video
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20-00200
| 4) | Departmental Agenda | HEARING - Consider recommendations regarding two appeals filed by Busy Bee’s Organics, Inc. (Case No. 19APL-00000-00030) and the SB County Coalition for Responsible Cannabis (Case No. 19APL-00000-00031) of the Planning Commission’s November 7, 2019 approval of the Busy Bee’s Organics Cannabis Cultivation Project (Case No. 18LUP-00000-00496), Third District, as follows: (EST. TIME: 3 HR.)
a) Deny the appeals, Case Nos. 19APL-00000-00030 and 19APL-00000-00031;
b) Make the required findings for approval of the Proposed Project including California Environmental Quality Act (CEQA) findings;
c) Determine that the previously certified Program Environmental Impact Report (17EIR-00000-00003) constitutes adequate environmental review and no subsequent Environmental Impact Report or Negative Declaration is required pursuant to CEQA Guidelines Sections 15162 and 15168 (c)(2); and
d) Grant de novo approval of the Project, affirming the decision of the Planning Commission, Case No. 18LUP-00000-00496 subject to the conditions of approval; or
Alternatively, if your Board wishes to uphold the B | Pass |
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Video
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20-00200
| | Departmental Agenda | HEARING - Consider recommendations regarding two appeals filed by Busy Bee’s Organics, Inc. (Case No. 19APL-00000-00030) and the SB County Coalition for Responsible Cannabis (Case No. 19APL-00000-00031) of the Planning Commission’s November 7, 2019 approval of the Busy Bee’s Organics Cannabis Cultivation Project (Case No. 18LUP-00000-00496), Third District, as follows: (EST. TIME: 3 HR.)
a) Deny the appeals, Case Nos. 19APL-00000-00030 and 19APL-00000-00031;
b) Make the required findings for approval of the Proposed Project including California Environmental Quality Act (CEQA) findings;
c) Determine that the previously certified Program Environmental Impact Report (17EIR-00000-00003) constitutes adequate environmental review and no subsequent Environmental Impact Report or Negative Declaration is required pursuant to CEQA Guidelines Sections 15162 and 15168 (c)(2); and
d) Grant de novo approval of the Project, affirming the decision of the Planning Commission, Case No. 18LUP-00000-00496 subject to the conditions of approval; or
Alternatively, if your Board wishes to uphold the B | Pass |
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