Board Meeting Procedures
Late Distribution and Ex-Parte Communication
Disability Access
Closed Session
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9:00 A.M. ..... Convened to Regular Session
Roll Call
Pledge of Allegiance
Approval of Minutes of the January 12, 2016 Meeting
12:00 P.M. ..... Recessed to Closed Session
Report from Closed Session
Closed Session Agenda 2016
County Executive Officer's Report
Administrative Agenda
All matters listed hereunder constitute a consent agenda, and will be acted upon by a single roll call vote of the Board. Matters listed on the Administrative Agenda will be read only on the request of a member of the Board or the public, in which event the matter shall be removed from the Administrative Agenda and considered as a separate item.
Administrative Items
Consider recommendations regarding the Community Development Block Grant (CDBG) agreement with the City of Carpinteria for $147,921.00 for the Main School Sidewalk Project which was approved by the Board of Supervisors on May 12, 2015, First District, as follows:
a) Approve and authorize the Chair to execute the Community Development Block Grant (CDBG) Subrecipient Agreement in the amount of $147,921.00 for a capital project between the County and the City of Carpinteria for the Main School Sidewalk Project, funding for which the Board approved when it approved the Fiscal Year (FY) 2014-2015 Action Plan on May 6, 2014 and the FY 2015-2016 Action Plan on May 12, 2015; and
b) Determine that the approval and execution of the CDBG Agreement 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 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, and direct staff to file a Notice of Exemption.
Consider recommendations regarding SAE Communications Agreement for Services, as follows:
a) Approve and authorize the Chair to execute an Agreement for Services of Independent Contractor, with SAE Communications, in an amount not to exceed $30,500.00 for the period of December 1, 2015 through June 30, 2016, to provide communications consulting and training to Santa Barbara County employees, and which will cancel and supersede Purchase Contract CN17533 which expired on December 31, 2015; and
b) Determine the above actions are exempt from environmental review per California Environmental Quality Act (CEQA) Guideline Section 15378(b)(4), since they are a government fiscal activity that does not involve a commitment to a specific project that may result in a potentially significant physical impact on the environment.
Consider recommendations regarding a Grant of $50,000.00 to Los Alamos Cemetery District, as follows:
a) Approve the contract with the Los Alamos Cemetery District for a grant of $50,000.00; and
b) Determine pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378 that the above activities are not a project under CEQA.
Consider recommendations regarding 2015 Federal and State Annual Reports and Accomplishments, as follows:
a) Receive and file the 2015 year end Federal Advocacy Report and accomplishments from Tom Walters and Associates Inc., and State Advocacy Report and accomplishments from Governmental Advocates; and
b) Find that the proposed actions do not constitute a “Project” within the meaning of California Environmental Quality Act, pursuant to 14 CCR 15378(b)(2), as it consists of general policy and procedure making.
Approve Budget Revision Requests (SEE EXHIBIT A POSTED WITH AGENDA). (4/5 Vote Required).
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Consider recommendations regarding a Countywide Telephone System upgrade contract amendment, as follows:
a) Approve and authorize the Chair to execute the Second Amendment to the Agreement with NEC Corporation of America, for the Countywide Telephone System upgrade, Board Contract 14-139, amending the Contract end date from August 31, 2015 to August 31, 2016 at no additional cost;
b) Ratify work completed between August 31, 2015 and the execution of the Second Amendment to the Agreement; 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 to CEQA Guidelines Section 15301 on January 15, 2015, that a Notice of Exemption was filed on that basis, and that the proposed action is within the scope of that Notice of Exemption.
Consider recommendations regarding the addition of a Civil Engineer and Building Permit Technician, as follows:
a) Adopt a Resolution effective February 1, 2016 to add one Civil Engineer and one Building Permit Technician I/II position to Planning and Development; and
b) Determine pursuant to California Environmental Quality Act (CEQA) Guideline 15378(b)(5) that the above action is not a project subject to CEQA review because it is an administrative activity that will not result in direct or indirect physical changes in the environment.
Consider recommendations regarding Southern California Edison - Gaviota Substation Emergency Permit, Case No. 15EMP-00000-00011, Third District, as follows:
a) Receive and file the report on Emergency Permit 15EMP-00000-00011, which authorized the temporary installation of emergency backup power generation equipment and related facilities at Southern California Edison’s Gaviota substation;
b) Determine that issuance of the emergency permit is exempt from the California Environmental Quality Act (CEQA) pursuant to 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.
Consider recommendations regarding Office of Traffic Safety (OTS) Grant Program for Federal Fiscal Year (FFY) 2017, Driving Under the Influence (DUI) Intensive Supervision Program, as follows:
a) Authorize the Chief Probation Officer to submit an application, execute the Grant Award Agreement, and accept anticipated funding of the FFY 2017 California Office of Traffic Safety (OTS) Grant in the amount of $145,059.00 for the period covering October 1, 2016, to September 30, 2017; and
b) Determine that approval of the FFY 2017 OTS Grant Program 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 fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment, and direct staff to file the Notice of Exemption.
Consider recommendations regarding approval of Agreement for Services with AutoMon LLC to Provide Software Maintenance Services, as follows:
a) Approve and authorize the Chair to execute the contract with AutoMon, LLC to provide software maintenance services for the period of June 1, 2014 through May 31, 2018, with a not to exceed amount of $427,735.37; and
b) Determine that the approval of the Agreements are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3), finding that this activity is 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 this activity may have a significant effect on the environment, the activity is not subject to CEQA, and direct staff to file a Notice of Exemption.
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Consider recommendations regarding Isla Vista Storm Drain Improvement Project, Third District, as follows:
a) Authorize the Public Works Director to advertise and receive bids for the Isla Vista Storm Drain Improvement Project; and
b) Find that the proposed Isla Vista Storm Drain Improvement Project is associated with an existing facility and consists of minor trenching and backfilling where the surface is restored and that the proposed action is therefore exempt from the California Environmental Quality Act pursuant to Guideline Sections 14 CCR 15304 (f) Minor Alterations to Land, and 14 CCR 15301 (b) Existing Facilities, and direct the Clerk of the Board to file the Notice of Exemption for the proposed project.
Consider recommendations regarding Santa Barbara Unified School District Facilities Improvement District, as follows:
a) Adopt a Resolution to make applicable to the Santa Barbara Unified School District the provisions of the Education Code of the State of California permitting formation of School Facilities Improvement Districts; and
b) Determine that the above action is not a project under the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because it consists of organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.
Board of Supervisors
Approve the reappointment of Michael Cooney to the Law Library Board of Trustees, term ending December 31, 2016, First District.
Approve the appointment of Kerin Mase to the CenCal Health Board of Directors representing Santa Barbara County, term ending December 31, 2017.
Approve the appointment of Mary Ellen Brooks to the Planning Commission, term ending December 31, 2016, Third District.
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Hearing Requests
Consider recommendations regarding amending the County Code to prohibit parking of oversized vehicles on Burton Mesa Blvd in the Vandenberg Village Area, Third District, as follows:
a) Approve the adoption (second reading) of an Ordinance amending Santa Barbara County Code Chapter 23, Section 23-13.12 to prohibit the parking of oversized vehicles between the hours of 10:00 pm and 6:00 am on Burton Mesa Blvd in the community of Vandenberg Village;
b) Find that the proposed action is for the operation and maintenance of existing public facilities, involving negligible, or no expansion of use beyond that which presently exists, that the proposed action is therefore exempt from the California Environmental Quality Act pursuant to 14 CCR 15301; and
c) Approve and direct staff to file the Notice of Exemption.
Honorary Resolutions
Adopt a Resolution of Commendation honoring Lad Handelman for his contributions to our local maritime history.
Adopt a Resolution of Commendation honoring Bob Kirby for his contributions to our local maritime history.
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Adopt a Resolution of Commendation honoring Shelley Bibles, Deputy Probation Officer upon her retirement from the Probation Department after over 24 years of dedicated service to the citizens of Santa Barbara County.
Resolutions to be Presented
Adopt a Resolution celebrating the life and legacy of Dr. Martin Luther King Jr.
Adopt a Resolution proclaiming the month of January 2016 “Mentoring Month” in Santa Barbara County.
Adopt a Resolution of Commendation honoring Business Manager, Jette Christiansson upon her retirement from the County Executive Office after over 25 years of faithful and distinguished service to the citizens of Santa Barbara County.
Approval of Administrative Agenda
Public Comment Period
Persons desiring to address the Board must complete and deliver to the Clerk the form which is available at the Hearing Room entrance prior to the commencement of this comment period. THE PUBLIC COMMENT PERIOD IS RESERVED FOR COMMENT ON MATTERS WITHIN THE SUBJECT MATTER JURISDICTION OF THE BOARD OF SUPERVISORS. EACH PERSON MAY ADDRESS THE BOARD FOR UP TO THREE MINUTES AT THE DISCRETION OF THE CHAIR, FOR A TOTAL PUBLIC COMMENT PERIOD OF NO MORE THAN 15 MINUTES. (Resolution No. 09-368) (16-00001)
WHEN TESTIFYING BEFORE THE BOARD OF SUPERVISORS, PERSONAL ATTACKS AND OTHER DISRUPTIVE BEHAVIOR ARE NOT APPROPRIATE.
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Departmental Agenda
Planning Items and Public Hearings
HEARING - Consider recommendations regarding State Comments on Scope Change of SB 1022 Conditional Award, Third District, as follows: (EST. TIME: 30 MIN.)
a) Receive and file an update on information received on the potential use of SB1022 conditionally awarded funding repurposed for mental health facilities or for rehabilitation of existing jail facilities from the Board of State and Community Corrections as directed by the Board on December 8, 2015;
b) Direct staff to complete all tasks necessary to close out the SB 1022 conditionally awarded project and proceed with sending the State a notice of relinquishment letter and all steps required to relinquish the $38,976,000.00 conditional SB1022 award; and
c) Determine that the above recommendations do not constitute a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15378(b)(4) and (5), finding they are government fiscal, organizational, or administrative activities that will not result in direct or indirect physical changes in the environment.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICY
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Consider recommendations regarding the annexation of territory known as Bradley Village/Key Site 30 (APN 107-250-008) into the Orcutt Community Facilities District (No. 2002-1) and levy special taxes on the proposed parcel to be annexed, Fourth District, as follows:
a) Consider the adoption (second reading) of an Ordinance entitled "An Ordinance of the Board of Supervisors of the County of Santa Barbara Approving Annexation of Territory to Orcutt Community Facilities District (No. 2002-1) and Authorizing the Levy of Special Taxes Therein"; and
b) Determine that the adoption of the Ordinance 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 project is a creation of a governmental funding mechanism or other 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 direct staff to file a Notice of Exemption (NOE).
HEARING - Consider recommendations regarding AB1600 Mitigation Fee Act Annual Report, as follows: (EST. TIME: 15 MIN.)
a) Receive and file the Fiscal Year (FY) 2014-2015 AB1600 Mitigation Fee Act Annual Report which includes the FY 2014-2015 Annual Fund Account Activity Reports and the FY 2015-2016 Mitigation Fees Matrix for the Countywide, Orcutt, Goleta, South Coast, Santa Ynez, Lompoc and Santa Maria development impact fee programs; and
b) Determine that the above actions are not a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, because they consist of administrative activities of government that will not result in direct or indirect physical changes in the environment.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE
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Departmental Item No. 4) Time Certain: 10:30 AM
HEARING - Review the Arbitrator’s December 20, 2011 Opinion and Award in the matter of arbitration between Nomad Village Mobile Home Homeowners and Nomad Village Mobile Home Park pursuant to Rule 23 of the Mobilehome Rent Control Rules for Hearings and Chapter 11A, Section A-4 of the Santa Barbara County Code and consider recommendations, as follows: (EST. TIME: 1 HR.)
a) Vacate the Board’s May 15, 2012 action, executed by the Chair on June 14, 2012, as it relates to Awards 4, 5, 6, 7, 8, 11, and 12 of the Arbitrator’s December 20, 2011 Opinion and Award in the Matter of Arbitration Between Nomad Village Mobile Home Homeowners and Nomad Village Mobile Home Park;
b) Reconsider the Petitions for Review of Awards 4, 5, 6, 7, 8, 11, and 12 of the Arbitrator’s December 20, 2011 Opinion and Award and make the following determinations as supported by the findings;
i) Find that the Arbitrator did not abuse his discretion; however, remand Award No. 4 in light of other remanded Awards;
ii) Find that the Arbitrator abused his discretion and remand Award No. 5 to the Arbitrator for adequate findings on specific items of incurred costs in the amount of $62,145.55;
iii) Find that the Arbitrator abused his discretion and remand Award No. 6 to the Arbitrator for adequate findings about the nature of the fees;
iv) Find that the Arbitrator abused his discretion and remand Award No. 7 to the Arbitrator for adequate findings about the nature of the fees;
v) Find that the Arbitrator did not abuse his discretion and affirm Award No. 8;
vi) Find that the Arbitrator did not abuse his discretion and affirm Award No. 11; and
vii) Remand Award No. 12 to the Arbitrator for recalculation in light of other remanded items; and
c) Determine 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 15378(b)(5).
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICY
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HEARING - Consider the recommendations of the County and Montecito Planning Commissions to approve Case Number 15ORD-00000-00018, which would add a new Article X, titled “Medical Marijuana Regulations,” to Chapter 35, Zoning, of the Santa Barbara County Code, to implement regulations to prohibit medical marijuana cultivation and delivery with a limited exemption for marijuana cultivation for personal medical use, as follows: (EST. TIME: 2 HRS)
a) Make the findings for approval, including California Environmental Quality Act (CEQA) findings;
b) Determine that the adoption of the proposed Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the Guidelines for Implementation of CEQA; and
c) Adopt an Ordinance, Case Number 15ORD-00000-00018, adding a new Article X, titled “Medical Marijuana Regulations” to Chapter 35, Zoning, of the Santa Barbara County Code, to implement new regulations regarding medical marijuana cultivation and delivery within the unincorporated areas of Santa Barbara County.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICY
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ADDENDUM
Item 6) is added to the Departmental Agenda, as follows:
HEARING - Consider recommendations regarding shelter for the homeless during El Nino, as follows: (4/5 Vote Required) (EST. TIME: 30 MIN.)
a) Receive and file a report on the current status of sheltering the homeless population Countywide during the impending El Nino storm;
b) Authorize the Community Services Department Director, within the authority of the Purchasing Agent under Government Code section 25502.5, to enter into agreements for new temporary day shelter services in both North and South County;
c) Approve Budget Revision Request 0004324 to increase appropriations of $37,000.00 in Community Services Department, Housing Division, General Fund for Other Charges for expanded Freedom Warming Center services funded by release of Committed Contingency Fund Balance; and establish appropriations of $91,000.00 in Community Services Department, Housing Division, General Fund for Other Charges for new temporary day sheltering services funded by release of Committed Contingency Fund Balance; and
d) Determine that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15061 (b) (3), finding that the execution of these actions are 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 effect on the environment, the activities are not subject to CEQA.
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Adjourned at 6:41 PM
Adjourned to
Tuesday, February 2, 2016
County Administration Building
Board Hearing Room
105 East Anapamu Street, Fourth Floor
Santa Barbara
Challenges
IF YOU CHALLENGE A DETERMINATION MADE ON A MATTER ON THIS AGENDA IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE BOARD OF SUPERVISORS AT, OR PRIOR TO, THE PUBLIC HEARING.
Announcements
The meeting of Tuesday, January 19, 2016 will be telecast live on County of Santa Barbara TV Channel 20 at 9:00 AM, and will be rebroadcast on Thursday, January 21, 2016, at 5:00 PM and on Saturday, January 23, 2016, at 10:00 AM on CSBTV Channel 20.
THE BOARD OF SUPERVISORS WILL NOT BE MEETING ON TUESDAY, JANUARY 26, 2016. THE NEXT MEETING OF THE BOARD OF SUPERVISORS WILL BE ON TUESDAY, FEBRUARY 2, 2016 IN SANTA BARBARA.
http://www.countyofsb.org
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HEARING - Review the Arbitrator’s December 20, 2011 Opinion and Award in the matter of arbitration between Nomad Village Mobile Home Homeowners and Nomad Village Mobile Home Park pursuant to Rule 23 of the Mobilehome Rent Control Rules for Hearings and Chapter 11A, Section A-4 of the Santa Barbara County Code and consider recommendations, as follows: (EST. TIME: 1 HR.)
a) Vacate the Board’s May 15, 2012 action, executed by the Chair on June 14, 2012, as it relates to Awards 4, 5, 6, 7, 8, 11, and 12 of the Arbitrator’s December 20, 2011 Opinion and Award in the Matter of Arbitration Between Nomad Village Mobile Home Homeowners and Nomad Village Mobile Home Park;
b) Reconsider the Petitions for Review of Awards 4, 5, 6, 7, 8, 11, and 12 of the Arbitrator’s December 20, 2011 Opinion and Award and make the following determinations as supported by the findings;
i) Find that the Arbitrator did not abuse his discretion; however, remand Award No. 4 in light of other remanded Awards;
ii) Find that the Arbitrator abused his discretion and remand Award No. 5 to the Arbitrator for adequate findings on specific items of incurred costs in the amount of $62,145.55;
iii) Find that the Arbitrator abused his discretion and remand Award No. 6 to the Arbitrator for adequate findings about the nature of the fees;
iv) Find that the Arbitrator abused his discretion and remand Award No. 7 to the Arbitrator for adequate findings about the nature of the fees;
v) Find that the Arbitrator did not abuse his discretion and affirm Award No. 8;
vi) Find that the Arbitrator did not abuse his discretion and affirm Award No. 11; and
vii) Remand Award No. 12 to the Arbitrator for recalculation in light of other remanded items; and
c) Determine 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 15378(b)(5).
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICY
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HEARING - Review the Arbitrator’s December 20, 2011 Opinion and Award in the matter of arbitration between Nomad Village Mobile Home Homeowners and Nomad Village Mobile Home Park pursuant to Rule 23 of the Mobilehome Rent Control Rules for Hearings and Chapter 11A, Section A-4 of the Santa Barbara County Code and consider recommendations, as follows: (EST. TIME: 1 HR.)
a) Vacate the Board’s May 15, 2012 action, executed by the Chair on June 14, 2012, as it relates to Awards 4, 5, 6, 7, 8, 11, and 12 of the Arbitrator’s December 20, 2011 Opinion and Award in the Matter of Arbitration Between Nomad Village Mobile Home Homeowners and Nomad Village Mobile Home Park;
b) Reconsider the Petitions for Review of Awards 4, 5, 6, 7, 8, 11, and 12 of the Arbitrator’s December 20, 2011 Opinion and Award and make the following determinations as supported by the findings;
i) Find that the Arbitrator did not abuse his discretion; however, remand Award No. 4 in light of other remanded Awards;
ii) Find that the Arbitrator abused his discretion and remand Award No. 5 to the Arbitrator for adequate findings on specific items of incurred costs in the amount of $62,145.55;
iii) Find that the Arbitrator abused his discretion and remand Award No. 6 to the Arbitrator for adequate findings about the nature of the fees;
iv) Find that the Arbitrator abused his discretion and remand Award No. 7 to the Arbitrator for adequate findings about the nature of the fees;
v) Find that the Arbitrator did not abuse his discretion and affirm Award No. 8;
vi) Find that the Arbitrator did not abuse his discretion and affirm Award No. 11; and
vii) Remand Award No. 12 to the Arbitrator for recalculation in light of other remanded items; and
c) Determine 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 15378(b)(5).
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICY