Meeting Name: BOARD OF SUPERVISORS Agenda status: Approved
Meeting date/time: 8/3/2010 9:00 AM Minutes status: Approved  
Meeting location: COUNTY ADMINISTRATION BUILDING BOARD HEARING ROOM, FOURTH FLOOR 105 EAST ANAPAMU STREET, SANTA BARBARA
Published agenda: Agenda Agenda Published minutes: Minutes Minutes  
Agenda packet: Not available
Meeting video: eComment: Not available  
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10-00748  Agenda ItemClosed Session Agenda  Action details Not available
10-00704 A-1)Honorary ResolutionAdopt a Resolution of Commendation honoring Kris McGuire for her dedicated service to the residents of Carpinteria.Pass Action details Not available
10-00700 A-2)Agenda ItemApprove and authorize the Chair to execute Amendment No. 1 to the Contract with the law firm of Oliver, Sandifer and Murphy (not a local vendor) for outside counsel services, extending the contract term until completion of services, but no later than January 1, 2012, for the Santa Claus Lane Project.Pass Action details Not available
10-00708 A-3)Agenda ItemAdopt a Resolution, as recommended by the Legislative Program Committee, opposing Proposition 23, the California Jobs Initiative, which would suspend implementation of AB 32 Clean Energy and Air Pollution Control Standards.Pass Action details Not available
10-00711 A-4)Agenda ItemAccept three 2010 States of California and Nevada Chapter of the National Association of Telecommunications Officers and Advisors (SCAN/NATOA) STAR Awards presented to CSBTV Channel 20.Pass Action details Not available
10-00709 A-5)Agenda ItemAccept title to the real property conveyed from Terrance L. Hinton and Vera M. Hinton, as Trustees of the Hinton 1989 Trust, and Carl Hinton and Bobbie Hinton, Trustees of the Carl and Bobbie Hinton Revocable Trust for two contiguous vacant parcels of land located on the north side of Leslie Street, west of Centennial Street, in Los Alamos, and described as Lots 7 and 8 in Block 4 of the Town of Los Alamos, CA., and known as County APNs 101-151-005 and 101-151-006, by authorizing the Clerk of the Board to execute the Certificate of Acceptance attached to the Certified Copy of the Grant Deed, Third District.Pass Action details Not available
10-00701 A-6)Agenda ItemConsider recommendations regarding the construction of Don Potter Area Paving Improvements at Waller County Park, Project No. D62049, Fourth District, as follows: a) Approve a Notice of Exemption pursuant to the County’s Environmental Quality Act (CEQA) guidelines for the Construction of Don Potter Area Paving Improvements at Waller County Park; b) Approve the plans and specifications for the project and award the Construction Contract in the amount of $229,811.25 to the lowest responsible bidder, Brough Construction, Inc. (not a local vendor) located at 634 Printz Road, Arroyo Grande, CA, subject to the provisions of documents and certifications as set forth in the plans and specifications applicable to the project, as required under California Law; and c) Approve a contingency fund in the amount of $22,981.12 for the construction of Don Potter Area Paving Improvements at Waller County Park.Pass Action details Not available
10-00710 A-8)Agenda ItemConsider recommendations regarding the Fiscal Year 2010/2011 Santa Barbara County Education Office (SBCEO) School-Based Officer Position for Peter Fitzgerald Community School, Santa Maria, Fifth District, as follows: (4/5 Vote Required) a) Authorize the Chief Probation Officer to execute the Memorandum of Understanding (MOU) to accept $103,083.00 form the SBCEO to provide a School-Based Deputy Probation Officer for the Peter Fitzgerald Community School in Santa Maria; b) Adopt a Budget Revision recognizing the unanticipated revenue; and c) Authorize the Chief Probation Officer to execute annual renewal MOUs with the SBCEO to accept funding to continue to provide a School-Based Deputy Probation Officer to the Peter Fitzgerald Community School in Santa Maria.Pass Action details Not available
10-00707 A-9)Agenda ItemConsider recommendations regarding the ST Elevated Myocardial Infarction (STEMI) Receiving Center designation Agreements with Santa Barbara Cottage Hospital and Marian Medical Center, as follows: a) Approve and authorize the Chair to execute a Professional Services Agreement between Santa Barbara County and Santa Barbara Cottage Hospital for designation as a Santa Barbara County STEMI Receiving Center; and b) Approve and authorize the Chair to execute a Professional Services Agreement between Santa Barbara County and Marian Medical Center for designation as a Santa Barbara County STEMI Receiving Center.Pass Action details Not available
10-00705 A-10)Agenda ItemConsider recommendations regarding the funding of ADR/DRPA Dispute Resolution Programs for 2010/2011, as follows: a) Approve and authorize the Chair to execute an Amendment of the existing (2009/2010) Contract with Conflict Solutions Center of Santa Barbara County for grant funding from the Dispute Resolution Trust (Fund 1073) in the amount of $72,000.00, extending the Contract for the period of July 1, 2010 through June 30, 2011, as permitted in Section 3 of that Contract; and b) Approve continued funding from the Dispute Resolution Trust Fund (1073) for the Superior Court, for purposes of Dispute Resolution Program administration during Fiscal Year 2010/2011 in an amount not to exceed 20% of the annual revenue of the Trust Fund, as provided by Section 469 of the California Business and Professions Code.Pass Action details Not available
10-00712 A-11)Appointment/BOS itemApprove the appointment of Patricia Simon to the Human Services Commission, term ending June 30, 2013, Third District.Pass Action details Not available
10-00690 A-12)Agenda ItemHEARING - Adopt a Resolution setting the 2010/2011 library special tax rate in the County Service Area No. 3 (County unincorporated area). (EST. TIME: 5 MIN.) COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVEPass Action details Not available
10-00703 A-13)Agenda ItemConsider the adoption (second reading) of an Ordinance amending Chapter 24A, Administrative Fines, of the Santa Barbara County Code to allow designation of an alternate hearing examiner for purposes of an administrative fine appeal hearing, and to clarify procedure for waiver of the 45 day appeal hearing timeline, to be effective 30 days from adoption.Pass Action details Not available
10-00713 A-14)Agenda ItemHEARING - Consider recommendations regarding laboratory testing fees for Bordetella Pertussis (Whooping Cough), as follows: (EST. TIME: 10 MIN.) a) Adopt a Resolution implementing a Public Health Laboratory fee of $70.00 for each polymerase chain reaction (PCR) test for Bordetella Pertussis and any other diseases that are tested through the polymerase chain reaction (PCR) testing method, pursuant to the California Health and Safety Code §101150, et. seq; and b) Approve the Notice of Exemption from the California Environmental Quality Act of 1970 (CEQA) for the fee resolution, pursuant to CEQA guidelines. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVEPass Action details Not available
10-00714 A-15)Agenda ItemHEARING - Consider recommendations regarding a fee for the Office of Vital Records for mailing certified copies of birth and death certificates, as follows: (EST. TIME: 10 MIN.) a) Adopt a Resolution implementing a postage and administrative fee of $2.00 for the Office of Vital Records pursuant to the California Health and Safety Code §102275; b) Approve the Notice of Exemption from the California Environmental Quality Act of 1970 for the fee resolution, pursuant CEQA guidelines; and c) Authorize the Public Health Department Office of Vital Records to adjust the mailing fee for copies of birth and death certificates when this fee is adjusted for the Clerk Recorder’s Office. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVEPass Action details Not available
10-00749 A-16)Agenda ItemHEARING - Receive and file an update on the benefits of Child Support. (EST. TIME: 15 MIN.) COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVEPass Action details Not available
10-00543 A-17)Agenda ItemConsider recommendations regarding a Rebuttal to the Argument Against Measure S-2010, Authorization to Prepare, Sign and Submit Rebuttal Argument, as follows: a) Receive and approve recommendation regarding potential signatories of the rebuttal argument regarding Measure S-2010-The County of Santa Barbara ½ Percent Transactions (Sales) and Use Tax Ordinance for Local Crime and Gang Reduction, Fire Protection and Jail Construction/Operation; and b) Authorize in writing via “Authorization for Another Person or Persons to Sign Rebuttal Argument” to include Sheriff Bill Brown, Santa Barbara County Fire Chief, Mike Dyer, City of Santa Maria Mayor, Larry Lavagnino, City of Santa Barbara Mayor, Helene Schneider and, if desired, another individual the Board of Supervisors may deem appropriate, to prepare, sign and submit rebuttal argument.Pass Action details Not available
10-00632 3)Agenda ItemHEARING - Consider recommendations regarding S. 3358 (Boxer), the West Coast Ocean Protection Act of 2010, as follows: (EST. TIME: 15 MIN.) a) Consider whether to take a position on S. 3358 (Boxer), the West Coast Ocean Protection Act of 2010; and b) Direct staff to communicate the Board of Supervisors’ position to the County of Santa Barbara’s federal legislative delegation. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00677 4)Agenda ItemHEARING - Approve and authorize the Chair to execute a letter to the Chair of the Nuclear Regulatory Commission supporting the San Luis Obispo County Board of Supervisors’ request that immediate seismic studies be conducted on the recently discovered earthquake fault located in the vicinity of the Diablo Nuclear Power Plant, and that the fault studies be conducted prior to further relicensing activities conducted by the Commission. (EST. TIME: 15 MIN.) COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00559 5)Agenda ItemHEARING - Consider recommendations regarding the Fiscal Year 2009/2010 Year End Revisions and Financial Status Report, as follows: (4/5 Vote Required) (EST. TIME: 1 HR.) a) Approve Budget Revisions and transfers necessary to close the County’s accounting records for all County funds for the fiscal year ended June 30, 2010 (Fiscal Year 2009/2010); and b) Receive and file, per the provisions of Government Code Section 29126.2, the June 30, 2010 Financial Status Report showing the status of appropriations and financing for all department budgets adopted by the Board of Supervisors. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVEPass Action details Not available
10-00252 6)Agenda ItemHEARING - Consider recommendations regarding Coastal Commission Action on the County and Montecito Land Use and Development Codes, as follows: (EST. TIME: 45 MIN.) a) Receive and file a report on the Coastal Commission’s action on the County and Montecito Land Use and Development Codes; and b) Direct the Planning and Development Department to prepare the necessary documents to either: i) Accept the Coastal Commission’s certification of the County and Montecito Land Use and Development Codes with suggested modifications; ii) Reject the Coastal Commission’s certification of the County and Montecito Land Use and Development Codes with suggested modifications; or iii) Develop alternatives to the suggested modifications to be resubmitted to the Coastal Commission as a new amendment. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00654 7)Agenda ItemHEARING - Consider the request of Christopher Jacobs, agent for Bean Blossom LLC, to consider the appeals, Case Nos. 08APL-00000-00040 and 08APL-00000-00041 (appeals filed November 6, 2008), of the Planning Commission’s decision to uphold the Board of Architectural Review’s denial of Preliminary Approval, Case No. 03BAR-00000-00164, and the Planning and Development Department’s denial of a Coastal Development Permit, Case No. 02CDP-00000-00023, for the Bean Blossom Lot X single-family residence and accessory structures, in compliance with Section 35-182 of the Article II Coastal Zoning Ordinance, on property located in the AG-II-100 and AG-II-320 zones. The applications involve APN 081-210-047, located at 14000 Calle Real, in the Gaviota Area, Third District, as follows: (EST. TIME: 45 MIN.) a) Make the findings for approval of the modified project, Case Numbers 03BAR-00000-00164 and 02CDP-00000-00023, including the CEQA findings; b) Approve the Notice of Exemption pursuant to Section 15303 of the CEQA Guidelines; c) Uphold the appeals, Case Numbers 08APL-00000-00040 and 08APass Action details Not available
10-00387 8)Agenda ItemHEARING - Consider Case No. 09APL-00000-00032, the Decker appeal of the Montecito Planning Commission’s (MPC) October 28, 2009 denial of Case No. 09APL-00000-00020, located at 670 Stonehouse Lane (APN 155-060-030), in the Montecito area, First District, as follows: (EST. TIME: 1 HR.) a) Deny the appeal, Case No. 09APL-00000-00032, thereby upholding the MPC’s denial of the Decker appeal, case number 09APL-00000-00020, which upheld the June 29, 2009 Montecito Board of Architectural Review’s denial of case number 08BAR-00000-00145; b) Make the required findings for denial of 08BAR-00000-00145, as shown in the November 4, 2009 MPC Action Letter; and c) Approve the Notice of Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00206 9)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00007) of the Montecito Planning Commission’s January 27, 2010 denial of the NextG Cellular Antenna ESB02 permit, Case No. 09CDP-00000-00052 located in the public right of way of Middle Road (adjacent to APN 009-170-005) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) a) Uphold the appeal, Case No. 10APL-00000-00007, thereby overturning the Montecito Planning Commission’s denial of 09CDP-00000-00052; b) Make the required findings for approval of Case No. 09CDP-00000-00052; c) Accept the exemptions to CEQA described in the Notices of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), 15303, and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09CDP-00000-00052 as revised, subject to the conditions of approval of the permit. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00202 10)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00008) of the Montecito Planning Commission’s January 27, 2010 denial of the NextG Cellular Antenna ESB03 permit, Case No. 09LUP-00000-00381 located in the public right of way of Sheffield Drive (adjacent to APN 007-120-013) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) a) Uphold the appeal, Case No. 10APL-00000-00008, thereby overturning the Montecito Planning Commission’s denial of 09LUP-00000-00381; b) Make the required findings for approval of Case No. 09LUP-00000-00381; c) Accept the exemptions to CEQA described in the Notices of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), 15303, and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09LUP-00000-00381 as revised, subject to the conditions of approval of the permit. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00212 11)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00005) of the Montecito Planning Commission’s January 27, 2010 denial of the NextG Cellular Antenna ESB06 permit, Case No. 09CDP-00000-00053 located in the public right of way of Olive Mill Road (adjacent to APN 009-230-027) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) 1) Staff Recommended Action: a) Uphold the appeal, Case No. 10APL-00000-00005, thereby overturning the Montecito Planning Commission’s denial of 09CDP-00000-00053; b) Make the required findings for approval of Case No. 09CDP-00000-00053; c) Accept the exemption to CEQA described in the Notice of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09CDP-00000-00053 as revised, subject to the conditions of approval of the permit; or 2) Alternative Action for Underground Vault with Retaining Wall: a)Pass Action details Not available
10-00207 12)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00004) of the Montecito Planning Commission’s January 27, 2010 denial of the NextG Cellular Antenna ESB08 permit, Case No. 09LUP-00000-00317 located in the public right of way of Olive Mill Road (adjacent to APN 009-640-001) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) a) Uphold the appeal, Case No. 10APL-00000-00004, thereby overturning the Montecito Planning Commission’s denial of 09LUP-00000-00317; b) Make the required findings for approval of Case No. 09LUP-00000-00317; c ) Accept the exemptions to CEQA described in the Notices of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), 15303, and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09LUP-00000-00317 as revised, subject to the conditions of approval of the permit. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00214 13)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00003) of the Montecito Planning Commission’s January 27, 2010 denial of the NextG Cellular Antenna ESB09 permit, Case No. 09CDP-00000-00055 located in the public right of way of North Jameson Road at its intersection with San Ysidro (adjacent to APN 009-262-003) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) a) Uphold the appeal, Case No. 10APL-00000-00003, thereby overturning the Montecito Planning Commission’s denial of 09CDP-00000-00055; b) Make the required findings for approval of Case No. 09CDP-00000-00055; c) Accept the exemptions to CEQA described in the Notices of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), 15303, and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09CDP-00000-00055 as revised, subject to the conditions of approval of the permit. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00210 14)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00002) of the Montecito Planning Commission’s January 27, 2010 denial of the NextG Cellular Antenna ESB13 permit, Case No. 09CDP-00000-00056 located in the public right of way of N. Jameson Lane (adjacent to APN 007-350-010) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) a) Uphold the appeal, Case No. 10APL-00000-00002, thereby overturning the Montecito Planning Commission’s denial of 09CDP-00000-00056; b) Make the required findings for approval of Case No. 09CDP-00000-00056; c) Accept the exemptions to CEQA described in the Notices of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), 15303, and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09CDP-00000-00056 as revised, subject to the conditions of approval of the permit. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00205 15)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00006) of the Montecito Planning Commission’s January 27, 2010 denial of the NextG Cellular Antenna ESB14 permit, Case No. 09LUP-00000-00319 located in the public right of way of Sheffield Drive (adjacent to APN 007-460-001) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) 1) Staff Recommended Action: a) Uphold the appeal, Case No. 10APL-00000-00006, thereby overturning the Montecito Planning Commission’s denial of 09LUP-00000-00319; b) Make the required findings for approval of Case No. 09LUP-00000-00319; c) Accept the exemption to CEQA described in the Notice of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09LUP-00000-00319 as revised, subject to the conditions of approval of the permit; or 2) Alternative Action for Underground Vault with Retaining Wall: aPass Action details Not available
10-00662 16)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00012) of the Montecito Planning Commission’s April 28, 2010 denial of the NextG Cellular Antenna ESB15 permit, Case No. 09LUP-00000-00320 located in the public right of way of School House Road (adjacent to APN 009-080-007) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) a) Deny the appeal, Case No. 10APL-00000-00012, thereby upholding the Montecito Planning Commission’s denial of 09LUP-00000-00320; b) Make the required findings for denial of the project; c) Determine the project is exempt from CEQA pursuant to CEQA Guidelines Section 15270; and d) Deny the project, 09LUP-00000-00320. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00663 17)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal of the Montecito Planning Commission’s February 24, 2010 denial of the NextG Cellular Antenna ESB18 permit, Case No. 09CDH-00000-00030 located in the public right of way of San Leandro Lane at its intersection with San Ysidro Road (adjacent to APN 007-300-006) in Montecito, First District, as follows: (EST. TIME: 24 MIN.) a) Deny the appeal, Case No. 10APL-00000-00009, thereby upholding the Montecito Planning Commission’s approval of 09CDH-00000-00030; b) Make the required findings for approval of Case No. 09CDH-00000-00030; c) Accept the exemptions to CEQA described in the Notices of Exemption prepared and adopted by the Public Utilities Commission, the lead agency, as adequate for this project pursuant to sections 15061(b)(3), 15301(b), 15301(c), 15302(c), 15303, and 15304(f) of the CEQA Guidelines; and d) Grant de novo approval of Case No. 09CDH-00000-00030 as revised, subject to the conditions of approval of the permit. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available
10-00664 18)Agenda ItemHEARING - Consider recommendations regarding the NextG appeal (Case No. 10APL-00000-00015) of the Montecito Planning Commission’s June 10, 2010 denial of the NextG Trenching ESBUFK39 permit, Case No. 10CDH-00000-00012 located in the public road rights of way of N. Jameson Lane, Ortega Hill Road, Sheffield Drive and San Leandro Lane, in the Montecito area, First District, as follows: (EST. TIME: 30 MIN.) a) Grant the appeal, Case No. 10APL-00000-00015, thereby overturning the Montecito Planning Commission’s denial of 10CDH-00000-00012; b) Make the required findings for approval of the project; c) Approve the Notice of Exemption prepared by the California Public Utilities Commission, July 20, 2009, citing the State CEQA Guidelines Sections 15061(b)(3), 15301(b), 15301(c), 15302(c), and 15304(f); and d) Approve the project subject to the conditions. COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICYPass Action details Not available