BOARD OF SUPERVISORSOctober 11, 2011

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 11, 2011

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Meeting Summary

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At a glance

Administrative Agenda

  • The board approved a resolution authorizing the District Attorney to renew a workers' compensation insurance fraud prosecution agreement with the California Department of Insurance.
  • A contract with Community Solutions Incorporated for post-release community supervision services at Sheriff’s Day Reporting Centers was authorized.
  • One speaker opposed both items, citing concerns about harassment, unnecessary funding, and the use of general funds.

Guadalupe Dunes Permit Revocation

  • Multiple stakeholders expressed concern over the revocation of a permit for an archaeological salvage operation of the 1923 Ten Commandments movie set.
  • Speakers highlighted financial losses to the non-profit Dunes Center and potential damage to the county's reputation as a film-friendly destination.
  • The Chair directed staff to meet with project stakeholders immediately and place the item back on the agenda for a status report.

Laguna County Sanitation District Master Plan

  • Staff presented a master plan to upgrade the 1959 wastewater treatment plant to meet future regulatory requirements and growth projections.
  • Phase 1 involves upgrading aging units at an estimated cost of $34.8 million, while Phase 2 adds capacity for future growth at an estimated $23.2 million.
  • The board accepted the report after discussing rate models, connection fees, and the timing of development in the Orchid Community Plan area.

Water Softener Control Ordinance

  • Staff proposed amending the County Code to restrict new developments to non-regenerating water softeners to reduce salt loads on the treatment plant.
  • The proposal includes a rebate program for existing customers to switch to canister exchange units, which dispose of salt via injection wells or ocean outfalls.
  • The board approved the ordinance amendment to protect water quality and avoid costly regulatory mandates.

Toomey Trust Property Zoning Appeal

  • Staff recommended denying an appeal of Conditional Certificates of Compliance for an 862-acre parcel in the Tepescate area.
  • The Zoning Administrator’s decision required the merger of six underlying parcels to correct illegal subdivisions dating back to the 1970s and 1980s.
  • The board upheld the Zoning Administrator’s decision, noting the appellant could alternatively pursue a legal subdivision map process.

Employee and Volunteer Recognition

  • The board adopted a resolution recognizing three Assessor’s Office employees for their work on property transfer exclusions and customer service.
  • A resolution was adopted proclaiming the week of October 9–15, 2011, as National Fire Prevention Week.
  • The board recognized two individuals for their participation in a peer training program and volunteer work with the ADMHS Fiscal Division.

Closed Session

  • The board convened in closed session to confer with a labor negotiator regarding employer relations.
  • No motions, decisions, or votes were recorded during this segment.

Full summary

Meeting Opening and Roll Call

  • The meeting of October 11 was called to order. Roll call was conducted, confirming all members were present. The Pledge of Allegiance was recited.

Approval of Minutes

  • Item: Approval of the minutes from the October 4 meeting.
  • Action: A motion to approve the minutes was made and seconded.
  • Vote: Passed.

Administrative Agenda

  • Item A-8: Resolution authorizing the District Attorney to renew an agreement with the California Department of Insurance for a workers' compensation insurance fraud prosecution unit for fiscal year 2011-2012.
  • Item A-10: Authorization of a contract with Community Solutions Incorporated to provide post-release community supervision services at Sheriff’s Day Reporting Centers from October 15, 2011, through June 30, 2012, in an amount not to exceed $391,989.
  • Public Comment: One speaker opposed both items, arguing that Item A-8 constitutes harassment and unnecessary funding, and Item A-10 constitutes a raid on general funds, noting that the Probation Department had previously stated it would monitor offenders internally.
  • Action: A motion to approve the remaining administrative agenda items, including A-8 and A-10, was made and seconded.
  • Vote: Passed.

Public Comment (General)

  • Alcohol, Drug, and Mental Health Department: One speaker criticized the department’s performance and the board’s handling of an award proposal, alleging a lack of monitoring by the board.
  • Guadalupe Dunes / "The Lost City" Documentary Project: Multiple speakers addressed the revocation of a permit for an archaeological salvage operation of the 1923 Ten Commandments movie set.
  • Jeff Alexander (Film Commissioner) expressed concern that county permit difficulties might damage the county’s reputation as a film-friendly destination and requested efforts to allow the project to proceed.
  • Frances Romero (Dunes Center Executive Director) stated that the county issued a permit in January 2011, which was later revoked due to an alleged error. She noted the project was halted, causing financial losses to the non-profit Dunes Center, which relies on the project’s administrative fee to fund science programs for over 5,000 students. She stated that a new permit process would delay the project by a year due to seasonal restrictions.
  • Bob Hatch read from a letter by Dr. John Parker, an archaeologist, describing the project as a small-scale emergency recovery using hand tools, exempt from CEQA, and necessary to prevent erosion and looting.
  • Sam Cohen (San Ynez Band of Chumash) stated the tribe supports expedited consideration of the permit and is volunteering to provide Native American monitoring services to address cultural resource concerns.
  • Regan Candelario (City of Guadalupe) read a letter from Mayor Lupe Alvarez expressing shock at the county’s permitting error, which was discovered ten months after issuance. The letter highlighted the economic impact on Guadalupe and requested immediate action to save the project before the rainy season and plover nesting season.
  • Andy Caldwell (Colab) represented filmmaker Peter Brosnan, stating the $300,000 project was killed due to a county error made at the last minute. He argued the legal basis for revocation was incorrect and that the county’s error caused financial disaster for the project and the Dunes Center.
  • George Alvarez discussed the economic downturn in Guadalupe and the issue of farm worker verification, expressing support for federal verification efforts while criticizing the agricultural industry for not paying impact fees.
  • Board Discussion:
  • Supervisor Farr inquired about the status of Native American consultation. Ms. Romero confirmed that the Chumash tribe had agreed to provide monitoring, resolving that specific concern.
  • Supervisor Farr expressed disappointment in the lack of communication between county staff and the public regarding the permit issue.
  • CEO Chandra Waller stated that county staff were available to meet with project stakeholders immediately to expedite the process.
  • Decision: The Chair directed staff to hold a meeting with the project stakeholders that day and to place the item back on the agenda for the following week for a status report. No formal vote was taken on the permit issue during this session.
  • Debt Collection: A board member requested that the county’s debt collection process be added to the next week’s agenda, asking for a presentation by Mr. Hagen or his staff on how the county collects outstanding debts. CEO Waller agreed to schedule the presentation.

Departmental Agenda

    Item 1: Laguna County Sanitation District Wastewater Treatment Plant Facilities and Financial Master Plan

    • Presentation: Supervisor Carbajal and Mary Borosis of CH2M Hill presented the master plan for the Laguna Wastewater Treatment Plant, built in 1959.
    • Findings: The existing plant has a capacity of 3.7 million gallons per day (MGD), with current average usage at 2.1 MGD. The plan recommends upgrades to meet future regulatory requirements and growth, projecting a need for 5 MGD capacity.
    • Recommendations:
    • Phase 1: Upgrade existing aging units (trickling filters, clarifiers, headworks) to activated sludge basins and rectangular clarifiers. Estimated cost: $34.8 million. Planning to begin by 2014. This phase aims to match inflow capacity to the existing outflow capacity of 3.7 MGD.
    • Phase 2: Add capacity for future growth. Estimated cost: $23.2 million. Timing dependent on economic development.
    • Funding: A rate model was developed, suggesting user charge increases of 7%, 11%, and 12% over the next few years for Phase 1, and a connection fee structure for Phase 2.
    • Questions and Answers:
    • Supervisor Wolff asked if Phase 1 addresses the oldest units; the consultant confirmed it replaces the trickling filters, primary/secondary clarifiers, and headworks.
    • Supervisor Farr asked about the service area and current usage. Staff confirmed the service area is primarily in the 4th District, with a small portion in the 5th and 3rd Districts. Current usage is 2.1 MGD out of 3.7 MGD capacity.
    • Supervisor Farr expressed concern about the timing of Phase 2 relative to potential development in the Orchid Community Plan area.
    • Supervisor Wolff asked about the connection fee structure. Supervisor Carbajal noted the current fee is approximately $4,900 per connection, indexed to construction costs. The new plan proposes adjustments based on the plant’s needs.
    • Public Comment:
    • Lori Tamura commended the staff for managing the district. She provided context on the Orchid Community Plan, noting that only about 1,000 of the anticipated 3,000 homes in the first phase have been built since 1997, and development has stalled due to the recession and habitat restrictions (Tiger Salamander). She raised a concern about the billing method, noting that sewer charges are currently paid via property tax bills, resulting in a large lump-sum payment (e.g., $590 added to a tax bill). She suggested moving to monthly or quarterly billing to spread the cost.
    • CEO Waller acknowledged the concern about billing frequency and stated that the district would work with stakeholders to determine the appropriate billing schedule (monthly, quarterly, etc.).
    • Discussion: A board member commented on the importance of customer education regarding sanitation district services and billing, suggesting that public outreach could reduce complaints about rate increases. Another board member agreed, noting the challenge of generating media interest in infrastructure upgrades.
    • Action: A motion was made and seconded to accept the report.
    • Vote: Passed.

    Item 2: Laguna County Sanitation District Ordinance Amendment (Water Softener Control)

    • Discussion: Staff presented a proposal to amend Chapter 29 of the Santa Barbara County Code regarding water softener controls. The presentation explained that regenerating water softeners contribute high salt loads to the treatment plant, affecting water quality and potentially triggering costly regulatory mandates from the State Water Board. The proposed ordinance would restrict new developments to non-regenerating (canister exchange) water softeners and offer a rebate/incentive program for existing customers to switch from regenerating units. Staff clarified that canister exchange companies dispose of salt via injection wells or ocean outfalls, bypassing the local wastewater plant. A board member noted a technical correction: the Board of Supervisors, not the Sanitation District, is the entity amending the County Code. Another board member shared a personal experience where a water softener service provider advised against switching to canister exchange, highlighting the need for consistent messaging from service providers.
    • Action: A motion was made and seconded to approve the ordinance amendment.
    • Vote: Passed.

    Items 3–8 (D3–D8): Appeal of Zoning Administrator’s Approval of Conditional Certificates of Compliance (Toomey Trust Property)

    • Discussion: Staff presented an appeal regarding six Conditional Certificates of Compliance (CCs) for an 862-acre parcel in the Tepescate area. The Zoning Administrator had approved the CCs with a condition requiring the merger of the six underlying parcels back into the original 862-acre configuration before any development. The appellant argued that the merger condition was improper, citing Government Code sections and claiming the parcels were not illegally subdivided, but rather created under an exemption. The appellant stated that the property would be sold as ranch land with no change in use or environmental impact. Staff and County Counsel countered that the underlying parcels resulted from illegal subdivisions dating back to the 1970s and 1980s, violating the Subdivision Map Act. Staff explained that the merger condition was necessary to correct these illegal divisions and that the appellant could alternatively pursue a legal subdivision map process if they wished to maintain separate parcels. Staff noted that the property has an unpermitted road and biological issues under review, and that permits for road correction are withheld until the illegal subdivision issues are resolved. The appellant’s attorney argued that the staff presentation was inaccurate and that the county had no authority to impose the merger condition. County Counsel clarified that the county is not forcing a merger but is requiring compliance with subdivision laws, offering the appellant the choice to either merge the parcels or undergo a full subdivision map review.
    • Action: A motion was made and seconded to accept staff’s recommendation to deny the appeal and uphold the Zoning Administrator’s decision (including the merger condition).
    • Vote: Passed.

    Item A1: Resolution of Accommodation for Employees of the Month

    • Discussion: The Board recognized Mary Quickenbush, Carol Cross, and Heather McCaslin of the Assessor’s Office as the Santa Barbara County Employees of the Month for October 2011. The resolution cited their work in improving the processing of parent-to-child property transfer exclusions and their customer service. The employees thanked the Board and their colleagues.
    • Action: The resolution was adopted.
    • Vote: Passed.

    Item A2: Resolution Proclaiming National Fire Prevention Week

    • Discussion: The Board proclaimed the week of October 9–15, 2011, as National Fire Prevention Week. The Fire Department Chief thanked the Board and provided public safety reminders, including checking smoke detectors, practicing exit drills, and being cautious with candles and garage storage.
    • Action: The resolution was adopted.
    • Vote: Passed.

    Volunteer Recognition

    • Discussion: The Board recognized Brian Frazier and Sandra Plautz for their participation in a peer training program and their subsequent volunteer work with the ADMHS Fiscal Division.
    • Decision: Recognition was given.

    Closed Session

    • The Chair announced the transition to closed session. A staff member identified the sole agenda item for the closed session as a conference with the labor negotiator regarding employer relations. No motions, decisions, or votes were recorded in this segment.