Board of Supervisors
Action Summary
September 22, 1998
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Board of Supervisors |
September 22, 1998
COUNTY ADMINISTRATION BUILDING
BOARD HEARING ROOM
105 EAST ANAPAMU STREET, FOURTH FLOOR
SANTA BARBARA
The Board of Supervisors meets concurrently as the Board of Directors of the Flood Control & Water Conservation District, the Water Agency, and other Special Districts.
Persons may address the Board in person or by using the remote video testimony system located at the Betteravia Government Center, Board Hearing Room, 511 East Lakeside Parkway, in Santa Maria. Persons may address the Board on any matter listed on the agenda by completing and delivering to the Clerk a speaker slip before the item is considered. Matters not listed on the agenda may be addressed at the public comment period prior to the administrative agenda. Further information on agenda items can be obtained in the Clerk of the Board Office, Room 407, in the County Administration Building in Santa Barbara.
8:00 a.m. - Convened and recessed to Closed Session
(Posted Addendum - Available Friday)
9:00 a.m. - Reconvened to Regular Session
Roll Call
Invocation, Susan Slattery, Auditor-Controller
Pledge of Allegiance
Report from Closed Session
County Counsel announced that Santa Barbara County Superior Court Judge William Gordon, in the case Inmates v Sheriff John Carpinter, signed an order which places a flexible cap on the number of beds allowable in the men’s mail jail. The Board of Supervisors, consistent with a prior unanimous closed session action, authorized County Counsel to enter into the stipulated order on behalf of the Sheriff’s Department. Details of this action may be obtained in the Office of County Counsel or from the Sheriff’s Department.
Approval of Minutes of the September 15, 1998 meeting
Urbanske/Graffy Approved.
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. EACH PERSON MAY ADDRESS THE BOARD FOR UP TO THREE MINUTES FOR A TOTAL PUBLIC COMMENT PERIOD OF NO MORE THAN 15 MINUTES. (Resolution No. 92-398) (98-20,753)
RE: United Way Charitable Giving Campaign Kick-Off - Trial Courts Executive Officer Gary Blair addressed the Board.
RE: Alleged Permit Violations at Pacifica Graduate Institute - Marilyn C. DeYoung addressed the Board.
RE: Compliance issues in Santa Barbara Schools - David D. Diaz addressed the Board.
RE: Missing Court Files - Christopher Brown addressed the Board.
RE: Hepatitis Incubation Period/Ocean Pollution - John Thorndike addressed the Board.
RE: Oak Initiative Issues - Tom Gibbons addressed the Board.
Administrative Agenda
A C T I O N S U M M A R Y
(UNOFFICIAL)
Approved by Roll Call Vote on One Motion
These Items Read Only on Request of Board Members
Resolutions will be Presented at 2:00 p.m.
Supervisor Marshall -
Resolution Honoring the 50th Anniversary of Direct Relief International. (98-20,718)
Graffy/Schwartz Adopted.
RESOLUTION NO. 98-333
Resolution Honoring the 10th Anniversary of the Santa Barbara Women Lawyers. (98-20,718)
Graffy/Schwartz Adopted.
RESOLUTION NO. 98-334
Supervisor Schwartz - Resolution establishing the week of September 21-27, 1998, as National Pollution Prevention Week. (98-20,847) ]
Graffy/Schwartz Adopted.
RESOLUTION NO. 98-335
Supervisor Graffy -
Resolution commending Akira "Aki" Yamada as "Patriot of the Year." (98-20,718)
Graffy/Schwartz Adopted.
RESOLUTION NO. 98-336
Resolution commending the Suburban Kiwanis Club under the leadership of John S. Carter. (98-20,718)
Graffy/Schwartz Adopted.
RESOLUTION NO. 98-337
Resolution commending the Kiwanis Club of Santa Barbara under the leadership of Bruce K. Byers. (98-20,718)
Graffy/Schwartz Adopted.
RESOLUTION NO. 98-338
County Administrator -
Consider Project Manager (At-Will) Position, as follows: (98-20,888)
Adopt personnel resolutions (2) adding one (.80 FTE) Project Manager position, (Range 559) effective September 21, 1998 and deleting one (.80 FTE) Project Manager position effective March 22, 1999 in Public Works/Solid Waste;
Adopt resolution exempting position of Project Manager (6077) from the Civil Service System.
Graffy/Schwartz a) Adopted.
RESOLUTION NO. 98-339
RESOLUTION NO. 98-340
b) Adopted.
RESOLUTION NO. 98-341
Execute Amendment No. 2 to agreement with The Buske Group to provide engineering services in connection with the renewal process of the Cox Communications and Comcast cable television franchises, for the period of July 1, 1998 to October 23, 2000, in an additional amount not to exceed $9,500.00.
(98-20,721)
Graffy/Schwartz Approved; Chair to execute.
County Counsel - Consider recommendations regarding Rice Ranch Development Agreement, as follows: (98-20,731)
Consider whether to instruct County Counsel to enter into negotiations with the owner of Rice Ranch (Keysite 12) in the Orcutt Planning Area (Fourth District) regarding a Development Agreement to govern future development of the site. Any proposed Development Agreement will come before your Board at a noticed public hearing for full consideration.
(SET HEARING OCTOBER 13, 1998) (EST. TIME: 20 MIN.)
Graffy/Schwartz Hearing set for October 13, 1998 in Santa Maria.
Health Care Services - Consider Environmental Health Services’ Land Use Program Fees, as follows: (98-20,908)
Approve fees for Environmental Health Services’ Land Use Program. (98-(SET HEARING FOR OCTOBER 13, 1998) (EST. TIME: 15 MIN.)
Graffy/Schwartz Hearing set for October 13, 1998 in Santa Maria.
Alcohol, Drug and Mental Health Services - Consider Name Change Amendment to Contract with San Luis Obispo Mental Health, as follows: (98-20,761)
Approve and execute an amendment to Board Contract 98343 with San Luis Obispo Mental Health Association (SLOMHA) to change its corporate name to Transitions - Mental Health Association effective August 31, 1998.
Graffy/Schwartz Approved; Chair to execute.
Public Works -
Consider agreements to Provide Specialized Heavy Equipment Services, Second, Third and Fifth Districts, as follows: (98-20,738)
Authorize the Chair to execute agreements for heavy equipment services for the period through June 30, 1999, in the amount not to exceed $150,000 with each of the following contractors:
1) C. Sanchez & Sons, Inc.
2) Union Asphalt, Inc.
Authorize the Chair to execute an agreement for heavy equipment services for the period through June 30, 1999, in the amount not to exceed $75,000 with the following contractor:
1) Bob’s Backhoe Service
Graffy/Schwartz a) and b) Approved; Chair to execute.
Receive report and the Investigation File (IRS #062 97/98) requesting the Board review and consider the report and determine whether a public nuisance exists at 5694 Alondra Drive, Goleta, AP No. 071-041-001, Third District, as follows: (98-21,004) (FROM JULY 28, AUGUST 4, SEPTEMBER 15, 1998.)
a) Direct the Deputy Director of Public Works, Solid Waste and Utilities Division to abate the public nuisance pursuant to Chapter 17 Article V of the County Code, and authorize the Deputy Director to retain an independent third party to assist in the removal of the solid waste or litter which constitutes the public nuisance.
Marshall/Schwartz Approved recommendation and directed staff to proceed expeditiously.
Board of Directors, Flood Control and Water Conservation District- Consider Emergency Contracting Procedures and Waiver of Competitive Bidding for Natural Resources Conservation Services (NRCS) Emergency Watershed Protection Projects, Third and Fourth Districts, as follows: (98-21,031)
Review and approve the continuation of the contracting procedures established by Resolution No. 98-325 for the repair or replacement of the 1998 Natural Resources Conservation Services (NRCS) Emergency Watershed Protection Projects.
Graffy/Schwartz Reviewed and Approved.
Job Training Network - Consider Approval of Contract with Touch Media to Purchase Five Kiosks for One-Stop Career Center System, as follows: (98-20,924)
Execute the attached agreement with Touch Media in the amount of $99,500.00 for the purchase of five kiosks to be used as part of the One-Stop Career Center System.
Graffy/Schwartz Approved; Chair to execute.
Sheriff - Consider recommendations regarding North County Jail Site Acquisition, as follows: (98-20,722)
Set hearing to certify Final Environmental Impact Report (EIR) and accept the Planning Commission’s report as to the acquisition’s consistency with the Comprehensive Plan. (SET HEARING FOR OCTOBER 13, 1998) (EST. TIME: 30 MIN.)
Graffy/Schwartz Hearing set for October 13, 1998.
Fire - Consider recommendations regarding Fire Protection Mitigation Fee, as follows: (98-20,862)
Adopt resolution allocating Fire Protection Mitigation Fees which have been collected from June 4, 1996 to March 31, 1998, pursuant to previous and existing Fire Protection Mitigation Fee Ordinances;
Adopt resolution maintaining the current fee schedule for fire protection.
Graffy/Schwartz a) Adopted.
RESOLUTION NO. 98-342
b) Adopted.
RESOLUTION NO. 98-343
Planning and Development - Consider Special Evening Hearing for the 1999 Coastal Resource Enhancement Fund (CREF), as follows: (98-20,811)
Reschedule the special evening hearing for the 1999 CREF cycle from Monday, October 19, 1998, 6:00 p.m. to Monday, November 16, 1998, 5:00 p.m. (EST. TIME: 3 HR.)
Graffy/Schwartz Rescheduled for Monday, November 16, 1998 at 5:00 p.m.
Parks Department - Consider recommendations regarding Cachuma Recreation Area; Renewal and Third Amendment to General Store Concession Agreement; Renewal and Second Amendment to Boat Rental Concession Agreement, Third District, as follows: (98-21,039)
Execute original and duplicate original Renewal and Third Amendment to the Concession Agreement between the County of Santa Barbara and the Cachuma Corporation, for a period of approximately five (5) years and ending December 31, 2002;
Approve County Parks Notice of Exemption pursuant to Section 15323 of the California Environmental Quality Act (CEQA) Guidelines; (POST)
Execute original and duplicate original Renewal and Second Amendment to the Concession Agreement between the County of Santa Barbara and Cachuma Boat Rental, Inc., for a period of approximately five (5) years and ending December 31, 2002;
Approve County Parks Notice of Exemption pursuant to Section 15323 of the California Environmental Quality Act (CEQA) Guidelines. (POST)
Graffy/Schwartz a) and c) Approved; Chair to execute.
b) and d) Approved Notices of Exemption.
Services for the Juvenile Crime Enforcement and Accountability Challenge Grant, as follows: (98-20,920)
Execute amendment to the original agreement with The Regents of the University of California for evaluation services of the Challenge grant project, to extend their current three year contract an additional ninety days for a revised term from July 1, 1997 through September 30, 2000. The contract maximum will remain unchanged from the current three year maximum of $574,368.00;
Execute an agreement with The Council on Alcoholism and Drug Abuse for alcohol and drug abuse counseling services for the Challenge Grant project, for the period July 1, 1998 to June 30, 2000, not to exceed the two year maximum of $90,664.00;
Execute an agreement with Community Action Commission for the Los Compadres Program/Mentoring for the Challenge Grant project for the period July 1, 1998 to June 30, 2000, not to exceed the two year maximum of $105,958.92;
Execute an agreement with Santa Maria Foursquare Church for a Jobs and Mentoring Program for the Challenge Grant project for the period July 1, 1998 to June 30, 2000, not to exceed the two year maximum of $151,577.64.
Graffy/Schwartz a) through d) Approved; Chair to execute.
General Services -
Authorize the Purchasing Manager to participate in cooperative purchasing arrangement with other County Fire Agencies to procure fire hose and protective clothing for the Fire Department. (98-20,747)
Graffy/Schwartz Authorized.
Authorize the Purchasing Manager to donate items of Laboratory Equipment to a Hospital in Tijuana, Mexico. (98-20,747)
Graffy/Schwartz Authorized.
Probation/General Services -
Consider recommendations regarding Santa Maria Juvenile Hall Addition - Authorization to Bid and Award, Project No. G20410, Fourth District, as follows: (98-20,962)
Approve plans and specifications for the Santa Maria Juvenile Hall Addition project;
Authorize the Chair to award and execute the Construction Agreement with the lowest responsible bidder, subject to provision of the documents and certifications as set forth in the plans and specifications, and as required by California Law;
Authorize the Director of General Services Department to approve change orders in the aggregate amount of 10% of the contract amount.
Graffy/Schwartz a) Approved.
b) Approved; Chair to execute.
c) Authorized.
Personnel - Consider recommendations regarding Reconciliation of Allocated Positions and Classification and Compensation Study and adopt (2) resolutions, as follows: (98-20,723)
Effective September 21, 1998, establish salary for one (.80 FTE) Project Manager (6077) position in Public Works/Solid Waste (Range 559, $3,154.00- $3,850.00 per month);
Effective September 21, 1998, adopt various changes to positions within Fire, Health Care Services and Probation Departments;
Effective September 21, 1998, delete job classification of Environmental Health Services Division Director (3272), (Range 626, $5,506.00-$6,722.00);
Effective September 21, 1998, establish job classifications of Emergency Services Manager (3103), (Range 588, $4,555.00-$5,561.00 per month); and Emergency Services Planner, Supervising (3104), (Range 541, $3,603.00-$4,399.00 per month);
i) Effective September 21, 1998, change job classification title of Emergency Services Planner/Coordinator (3102), (Range 511, $3,103.00-$3,788.00 per month;
ii) Effective September 21, 1998, delete job classification of Director of Office of Emergency Services (2180), (Range 576, $4,291.00- $5,238.00 per month);
iii) Effective October 19, 1998, delete job classification of Deputy Operational Area Program Manager (1460), (Range 543, $3,640- $4,443.00 per month).
Graffy/Schwartz a) through d); i) and ii) Approved.
RESOLUTION NO. 98-344
d); iii) Approved.
RESOLUTION NO. 98-345
Auditor-Controller - Consider SB90 Reimbursement Claim Contract Amendment, as follows: (98-20,752)
Approve and execute an expenditure contract amendment with David M. Griffith and Associates for the preparation and submittal of the annual reimbursement claims to the State of California under the SB90 program, payment for which is on a mixed fixed fee of $14,700.00 for the annual claims and on a contingency basis of 30% of the reimbursement received up to a maximum fee of $12,000.00 for all other claims. This amendment increases the total amended contract amount from $19,500.00 to $46,200.00, all of which is reimbursable by the State under the SB90 Program;
Approve an increase in appropriation for contract services in the Non-department (990) Department for $46,200.00 an increase in unanticipated revenue of $46,200.00.
Graffy/Schwartz a) Approved; Chair to execute.
b) Approved Budget Revision request.
Board of Supervisors -
Supervisor Gray - Recommendation to appoint Jim Raggio (representing North County Hospitals) to the Santa Barbara Regional Health Authority Board of Directors to fill the term vacated by William Rasmussen, for the period ending December 31, 1999. (98-20,725)
Graffy/Schwartz Approved.
Supervisor Marshall - Recommendation to appoint Wendy Gaster Tillman (representing Third District) to the Assessment Appeals Board No. 2, to fill the term for the period of September 7, 1998 through September 7, 2000. (98-21,038)
Graffy/Schwartz Approved.
Supervisor Urbanske - Consider recommendation to accept Peace Pole, as follows: (98-20,850)
Accept a Peace Pole donated by "People for Non-Violence" for placement outdoors at the Betteravia Government Center.
Graffy/Schwartz Accepted.
County Administrator - Approve budget revision requests. (98-20,751) (SEE EXHIBIT A WITH POSTED AGENDA)
Graffy/Schwartz Approved Budget Revision requests.
County Clerk/Recorder/Assessor -
Set a hearing for introduction (First Reading) of an ordinance providing for reassessment of property destroyed by misfortune or calamity and for deferral of payment of property taxes pursuant to the California Revenue and Taxation Code. (98-20,762) (SET HEARING FOR OCTOBER 6, 1998)
Graffy/Schwartz Hearing set for October 6, 1998.
Graffy/Schwartz Approved administrative agenda as amended.
BOARD OF SUPERVISORS
Supervisor Marshall -
Consider recommendations regarding Grant Request by the Camino Real Foundation for an amount equivalent to their transportation impact road fees totaling $150,612.00. (98-20,748) (EST. TIME: 40 MIN.)
COUNTY ADMINISTRATOR RECOMMENDATION: POLICY
Marshall/Graffy Continued to October 6, 1998 to allow staff and the Camino Real Foundation an opportunity to explore all potential funding options. Requested that the Camino Real Foundation provide to the Board an operational budget for consideration on October 6, 1998.
COUNTY ADMINISTRATOR
Consider presentation on County Labor-Management Collaborative, as follows:
Accept presentation and progress report from the County Labor-Management Collaborative. (98-20,824) (FROM FEBRUARY 3, 1998) (EST. TIME: 30 MIN.)
COUNTY ADMINISTRATOR’S RECOMMENDATION: APPROVE
Urbanske/Marshall Received presentation.
Consider Project Clean Water and Project (NPDES) "National Pollution Discharge Elimination System," as follows: (98-20,824) (FROM SEPTEMBER 1, 1998) (EST. TIME: 1 HR.)
a) Establish Project Clean Water to reduce creek and ocean pollution;
b) Establish Project (NPDES) National Pollution Discharge Elimination System as a complimentary, long-term solution to creek and ocean pollution;
c) Authorize two Project Manager positions as specified in the attached organizational chart shown in Figure 1 of Attachment A.
d) Direct the Project Clean Water team to present a progress report to the Board of Supervisors on November 17, 1998 outlining project status and funding alternatives;
e) Authorize Health Care Services to use $60,000.00 of SB90 unanticipated revenue as a funding source the Project NPDES and return to your Board by October 6, 1998 with appropriate Budget Revision;
f) Authorize the transfer of $150,000.00 from the General Fund Contingency to Project Clean Water within the Non-Departmental Budget. In addition, authorize the County Administrator to reallocate these funds to participating departments as required to meet immediate needs.
COUNTY ADMINISTRATOR’S RECOMMENDATION: POLICY
Graffy/Schwartz Approved recommendations a) through f).
PUBLIC WORKS
HEARING - To consider the adoption of "an ordinance amending Sections 23-15.2, 23-15,3, 23-15.4, and 23-15.5 of the code of Santa Barbara County, California, regarding speed limits on certain County roads, deleting Camino Corto (from El Colegio Road to Del Playa Drive) from a 30 mile per hour speed limit; placing Camino Corto (from Estero Road to Del Playa Drive) within a 30 mile per hour speed limit; placing Camino Corto (from El Colegio Road to Estero Road) within a 35 mile per hour speed limit; and placing Glen Annie Road (from Calle Real to Cathedral Oaks) within a 45 mile per hour speed limit.", Second and Third Districts. (98-20,730) (FROM AUGUST 25, SEPTEMBER 15, 1998) (EST. TIME: 10 MIN.)
COUNTY ADMINISTRATOR’S RECOMMENDATION: POLICY
Marshall/Schwartz Adopted.
ORDINANCE NO. 4334
PARKS DEPARTMENT
HEARING - Adopt updated Quimby and Development Mitigation Fee Resolution for Park and Recreation facilities within the Southcoast East, Southcoast West, Santa Ynez, Lompoc and Santa Maria Recreational Demand Areas. (98-20,780) (FROM SEPTEMBER 1, 1998) (EST. TIME: 15 MIN.)
COUNTY ADMINISTRATOR’S RECOMMENDATION: POLICY
Graffy/Gray Adopted.
RESOLUTION NO. 98-346
COUNTY CLERK/RECORDER/ASSESSOR -
HEARING- To consider the adoption of "an ordinance repealing urgency ordinance number 4295 pertaining to reassessment of property destroyed by a major storm calamity in accordance with Section 179 of the Revenue and Taxation Code." (98-20,762) FROM AUGUST 25, SEPTEMBER 15, 1998) (EST. TIME: 10 MIN.)
COUNTY ADMINISTRATOR’S RECOMMENDATION: POLICY
Schwartz/Graffy Adopted.
ORDINANCE NO. 4335
2:00 P.M.
Presentation of Resolutions and Awards
PLANNING ITEMS AND PUBLIC HEARINGS
PLANNING AND DEVELOPMENT
Continue the hearing of September 22, 1998, at the applicant’s request, regarding the appeal of Susan Petrovich, agent for the Institute for Individual and World Peace, of the Planning Commission’s May 6, 1998 decision to deny Case No. 94-CP-077. The project site is located approximately 1.5 miles west of State Route 154 (San Marcos Pass) and one quarter mile south of West Camino Cielo, commonly known as 5812 West Camino Cielo, Santa Ynez Mountains, Goleta Planning area, Third District. (98-20,953) (FROM AUGUST 4, 1998) (EST. TIME: 5 MIN.)
--Request for continuance to November 17, 1998.
COUNTY ADMINISTRATOR’S RECOMMENDATION: POLICY
Marshall/Graffy Continued to November 17, 1998.
HEARING - Consider Work Program to Facilitate Child Care Opportunities within Santa Barbara County, as follows: (98-20,734 & 98-20,740)
Accept staff’s report on recommended Work Program to assist in facilitating the development and expansion of child care facilities countywide;
Direct Planning and Development and Health Care Services staff to implement proposed work program;
Direct Public Works, with assistance from Planning and Development and County Counsel, to develop the proposed traffic impact fee resolution and return in December for resolution adoption;
Direct Planning and Development, Public Works, and the County Administrator’s office to explore the use of transportation grant funding to offset traffic impact fees associated with beneficial projects and return in December with recommendations. (FROM APRIL 14, 28, 1998) (EST. TIME: 1 HR.)
COUNTY ADMINISTRATOR’S RECOMMENDATION: POLICY
Schwartz/Marshall a) Received report.
b) Approved.
c) Approved. Staff to return to the Board on December 15, 1998.
d) Approved. Further directed that County Counsel be included in the process. Staff to return to the Board on December 15, 1998.
HEARING - To consider the appeal of Reid Alexander pursuant to Section 14-32 of Grading Ordinance No. 3937 of Planning and Development Director’s decision to require a land use permit for tree and other vegetation removal, under the provisions of Sections 14-6 and 14-8 of the Grading Ordinance, in order to address identified significant environmental impacts: APN 099-130-22, Cebada Canyon, Lompoc, Third District. (98-21,019) (FROM SEPTEMBER 8, 1998)(EST. TIME: 45 MIN.)
COUNTY ADMINISTRATOR’S RECOMMENDATION: POLICY
Marshall/Graffy Acknowledged Mr. Reid Alexander’s withdrawal of his appeal to the Board of Supervisors filed July 6, 1998.
Adjourn to October 6, 1998
Santa Barbara County
Board of Supervisors’ Hearing Room
Santa Barbara
ANNOUNCEMENTS
THE MEETING OF SEPTEMBER 22, 1998, WILL BE TELECAST LIVE ON GOVERNMENT ACCESS TV CHANNEL 20 AT 9:00 A. M., AND WILL BE REBROADCAST ON THURSDAY, SEPTEMBER 24, 1998, AT 5:00 P.M. ON CHANNEL 20.
THE BOARD OF SUPERVISORS WILL NOT MEET ON TUESDAY, SEPTEMBER 29, 1998; THIS IS A FIFTH TUESDAY (ORDINANCE 3352). THE NEXT REGULAR MEETING WILL BE TUESDAY, OCTOBER 6, 1998.
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