Meeting Summary
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At a glance
ERG Resources, LLC Pipeline Franchise
- Staff presented an ordinance granting a 20-year pipeline franchise to ERG Resources, LLC, including provisions for potential abandonment in place.
- Discussion centered on the distinction between maintenance and construction, as well as the environmental review requirements for reactivating a dormant pipeline.
- The Board continued the item to allow staff and County Counsel to clarify the resolution language and environmental review status.
Gartner, Inc. Telecommunications Consultant Services
- Staff requested a contract with Gartner, Inc. to assist with the transition to Voice over IP technology due to the end-of-life status of the current phone system.
- Board members inquired about the financial source, the risks of the unsupported system, and the timing of the expenditure.
- The Board approved the consultant hire with a modified scope requiring the main deliverable to be ready by May 1, 2012, to align with budget hearings.
Lompoc Housing and Community Development Corporation (LHCDC) Status Update
- Staff reported that LHCDC intends to dissolve and that Pacific Western Bank has filed for receivership of seven low-income properties.
- The County holds a junior lien position and faces a potential repayment liability if affordability covenants are not maintained by the new owner.
- The Board received the report and directed staff to return with options for property disposition to ensure residents continue to be served.
Resolution Honoring Direct Relief International
- Supervisors presented a resolution honoring Direct Relief International for receiving the 2011 Peter F. Drucker Award for Nonprofit Innovation.
- The resolution cited the organization’s use of commercial technology for humanitarian purposes and its long-standing local presence.
- The resolution was passed and adopted.
Resolution Honoring Girls Inc. of Greater Santa Barbara
- A resolution of commendation was presented to honor Girls Inc. of Greater Santa Barbara for its community contributions.
- The resolution highlighted the organization’s mission to inspire girls and its programs focused on education, health, and leadership.
- The resolution was passed and adopted.
Employee of the Month Recognition
- The Board recognized Diane Sauer of the Fire Department as the Employee of the Month for November 2011.
- The recognition cited her 17 years of service as a financial manager and her management of the department’s budget.
- The resolution was passed and adopted.
Medical Marijuana Dispensary Storefronts Ordinance
- Staff presented ordinances to prohibit medical marijuana dispensary storefronts in unincorporated Santa Barbara County and Montecito.
- The Board noted that the current moratorium expires in December 2011 and cannot be extended due to state law limits.
- The Board approved the staff recommendations and findings to adopt the prohibitions.
Land Use and Development Code Amendments
- Staff presented a package of amendments to address emerging issues, including limits on vehicle storage and phased plans for conditional use permits.
- The Board approved the staff recommendations with a revision to reduce the limit on stored vehicles in residential zones based on lot size.
- Staff was directed to return to the Planning Commissions for further work on motor vehicle storage revisions and phasing agreements.
Closed Session
- County Counsel reported that the Board unanimously authorized an interlocutory appeal in the Prancevich v. McGonigal matter in U.S. District Court.
Full summary
Opening and Administrative Matters
- The meeting commenced with the Pledge of Allegiance and a roll call confirming the presence of all supervisors. The Board approved the minutes from the October 18, 2011 meeting. The motion to approve the minutes passed.
- Staff reported on three administrative items: a request to continue Item 813 (Public Works/Laguna County Sanitation District) to November 15; the addition of Item A-15 regarding the appointment of John Lizarraga to the Santa Barbara County Housing Authority Board of Directors; and a note regarding a county event at the Empower launch at the Santa Barbara Courthouse. The Board voted to approve the administrative agenda. The motion passed.
Public Comment
- Dr. Robert Jones addressed the Board regarding the selection of a Hispanic Heritage Person of the Month, expressing dissatisfaction with the choice of Judge Ochoa and citing specific incidents. Supervisor Carbajal responded by stating that the remarks made about Judge Ochoa were false and slanderous. No other public comments were received.
Item 1: ERG Resources, LLC Pipeline Franchise
- Staff presented a hearing to consider recommendations regarding an ordinance granting a private pipeline franchise to ERG Resources, LLC for a 20-year term, allowing for the construction, maintenance, and operation of the pipeline.
- Discussion focused on the provision allowing the pipeline to be abandoned in place rather than removed upon expiration. Staff explained that the primary directive is removal, but the county retains the option to allow abandonment in place if determined to be less impactful on the environment or roadway. Supervisor Carbajal suggested that any decision to leave the pipeline in place should require action by the Board of Supervisors rather than just the Public Works Department.
- Supervisor Wolfe noted a conflict between the previously adopted resolution (referencing an "existing private line") and the current ordinance (referencing facilities to be "constructed, maintained, and operated"). Staff clarified that the ordinance language is standard for franchises to allow for future maintenance or construction if permits are obtained. Supervisor Wolfe suggested modifying the resolution to align with the ordinance language.
- Supervisors inquired about the environmental impact of reactivating a pipeline dormant for approximately 11 years. Staff and County Counsel stated that maintenance of an existing facility is exempt from CEQA, but any new construction or significant repairs would require permits and subsequent CEQA review.
- Eight members of the public spoke. Nathan Eady (SES Engineers/ERG) clarified that the pipeline has been in place since the 1970s, is currently not in use, and ERG has no immediate plans for significant construction. Sonia Stevens and John Stevens expressed concerns about air quality, water contamination, and recent oil field activity. Kathy Deputy stated the pipeline had not been used for 32 years and raised concerns about the company's track record and proximity to Blue Line Creek and the Santa Maria groundwater basin. Mike Brandt requested that an Environmental Impact Report be mandated before any ground is disturbed. Dr. Robert Jones spoke in favor of the oil industry and jobs while criticizing environmental concerns.
- Supervisors discussed the need for clarity on the pipeline's condition, the scope of "construction" versus "maintenance," and the environmental implications. Supervisor Lavagnino encouraged other supervisors to visit the Cat Canyon area to observe current conditions. Supervisor Farr and Supervisor Wolfe expressed the need for staff to clarify the wording and environmental review status.
- The Board decided to continue the item to allow staff and County Counsel to address questions regarding the wording of the resolution versus the ordinance, the definition of construction/maintenance, and the environmental review process. The motion to continue the item passed.
Item 2: Gartner, Inc. Telecommunications Consultant Services
- Staff presented a request to contract with Gartner, Inc. for telecommunications consultant services for the period of November 1, 2011, through June 30, 2012, at a cost of $145,000. Staff explained that the county’s current phone system is eight years old, has reached the end of its life, and the vendor will no longer provide parts or software upgrades. The project aims to transition to Voice over IP (VoIP) technology. Gartner was selected through a Request for Proposals process where they submitted the lowest price.
- Supervisor Lavagnino questioned the short lifespan of the previous system and the original cost. Staff explained that the system was fully depreciated and that the new replacement cost is approximately $3 million. Supervisor Flores asked for a clearer explanation of the risks associated with continuing to use the unsupported system compared to the cost of replacement.
- Board members raised questions regarding the financial source for the project, with staff clarifying that funds would come from the Internal Services Fund, which has accumulated depreciation reserves. Concerns were raised about the timing of the expenditure, the potential for phasing the implementation, and the need for redundancy in emergency communication lines. Some members expressed hesitation about the immediate timing, suggesting a delay until the budget cycle, while others supported moving forward to have a plan in place.
- A motion was made to approve staff’s recommendation to hire a consultant. The motion was subsequently modified to change the scope of work so that the consultant’s main deliverable would be ready by May 1, 2012, to align with budget hearings, while keeping the contract dates for the period of November 1, 2011, to June 30, 2012. The motion to hire the consultant with the modified deliverable timeline passed.
Item 3: Lompoc Housing and Community Development Corporation (LHCDC) Status Update
- Staff provided a status update on LHCDC, a non-profit corporation that develops and manages low-income housing, a homeless shelter (Bridge House), and transitional housing (Mark’s House) in Lompoc. The County’s total investment in these properties is approximately $2.89 million, with a potential repayment liability of $1.4 million if affordability covenants are not met.
- Staff reported that LHCDC has notified the County of its intent to dissolve and transfer properties. Pacific Western Bank filed for receivership on September 29, 2011, taking possession of seven low-income properties. Staff noted that while Pacific Western has expressed an interest in retaining affordability covenants, the County is a junior lienholder and has no legal requirement for the bank to maintain them. The receivership process is expected to last approximately one year.
- Staff outlined previous efforts to assist LHCDC, including a request for HUD technical assistance in January and the involvement of Enterprise Community Partners in April. A potential management partner, Cabrillo Economic Development Corporation, withdrew from the process in August due to LHCDC’s inability to provide necessary financial documentation.
- Board members inquired about the County’s legal recourse, with staff explaining that the County could pursue foreclosure on properties where it holds a deed of trust, though this could lead to resident displacement and trigger repayment obligations. Staff also noted that an application for a new provider for shelter services is expected within the next week or two.
- Public speakers expressed concern about maintaining local control of shelter services and community gardens, with some organizations indicating interest in taking over operations but requesting time to secure internal approvals.
- The Board discussed the financial and operational issues regarding LHCDC, including the status of properties involved in the Pacific Western receivership. Staff indicated they are continuing efforts to develop workout plans with stakeholders to protect County interests and maintain services for residents. Supervisors discussed the need for enhanced compliance controls, potential audits for organizations receiving significant funding, and the importance of salvaging affordable housing resources.
- Supervisor Wolf moved to receive the report regarding LHCDC’s financial and operational issues and to direct staff to return to the Board (in open or closed session) with options for the disposition of the listed properties to ensure residents continue to be served. The motion was seconded and passed.
Volunteer of the Day Recognition
- The Board recognized Jerry Gray, Chaplain of Chaplain 24-7, as the Volunteer of the Day. Gray, who has served as a volunteer chaplain for seven years, provides mental, emotional, and spiritual support to first responders and their families across various agencies in Santa Barbara County. He acknowledged the support of department chiefs and personnel.
Resolution Honoring Direct Relief International
- Supervisors Carbajal and Wolf presented a resolution honoring Direct Relief International (DRI) for receiving the 2011 Peter F. Drucker Award for Nonprofit Innovation. The resolution cited DRI’s use of commercial technology for humanitarian purposes, its global reach, and its local presence in Santa Barbara since 1948. Thomas Tighe of DRI thanked the Board. The resolution was passed and adopted.
Resolution Honoring Girls Inc. of Greater Santa Barbara
- Supervisor Wolf presented a resolution of commendation honoring Girls Inc. of Greater Santa Barbara for its contributions to the community. The resolution highlighted the organization’s mission to inspire girls to be strong, smart, and bold, its history, and its programs focused on education, health, and leadership. Monica Speer, Executive Director of Girls Inc., thanked the Board. The resolution was passed and adopted.
Employee of the Month Recognition
- The Board recognized Diane Sauer of the Fire Department as the Employee of the Month for November 2011. The resolution cited her 17 years of service as a financial manager, her management of the department’s budget, and her service on various county committees. Sauer thanked the Board and her colleagues. The resolution was passed and adopted.
Closed Session Report
- The Board reconvened from closed session. County Counsel reported that the Board unanimously authorized an interlocutory appeal in the Prancevich v. McGonigal matter in U.S. District Court.
Item 4: Medical Marijuana Dispensary Storefronts Ordinance
- Staff presented ordinances to prohibit medical marijuana dispensary storefronts in unincorporated Santa Barbara County and Montecito. Staff noted that the current moratorium on storefronts expires in December 2011 and cannot be extended due to state law limits. Staff explained that the proposed ordinances are zoning amendments, not criminal laws, and apply only to storefronts.
- Public comment was received from Dr. Robert Johns, who opposed the ban, and Dee Wingo, who supported the ban, arguing that closing storefronts would drive the market underground and reduce control. Supervisor Farr stated he could not support the ban, citing concerns about banning a land use that is legal under state law. Supervisor Wolf supported the ban, citing federal crackdowns and the U.S. Attorney’s Office position that commercial distribution through storefronts is not permitted.
- Supervisor Wolf moved to approve the staff recommendations and findings. The motion was seconded and passed.
Item 5: Land Use and Development Code Amendments
- Staff presented a package of amendments to the County and Montecito Land Use and Development Codes and the Coastal Zoning Ordinance to address emerging issues and clarify existing language. The package included provisions for keeping household pets, phased plans for conditional use permits and development plans, streamlining oil and gas permits, modification requests, limits on vehicle and material storage in residential zones, substantial conformities, and zoning clearances for surface mining.
- Staff recommended adopting the package with one change: reducing the limit on stored vehicles in residential zones to one car for lots under 10,000 sq. ft., two cars for lots between 10,002 and 20,000 sq. ft., and three cars for lots over 20,000 sq. ft. Staff recommended that additional issues (phasing plans, vehicle definitions, screening, and pervious materials) be referred back to the Planning Commissions for further review.
- Public comment was received from Lori Tamura in support of the phasing recommendations.
- Supervisor Carbajal moved to approve the staff recommendations with the proposed revision regarding motor vehicle and material storage limits, and to direct staff to return to the Planning Commissions for further work on the motor vehicle/material storage revisions and CEP/DP phasing agreements. The motion was seconded and passed.
Adjournment
- The Board adjourned the meeting. Supervisor Wolf offered a moment of remembrance for Michael Magni, a longtime Santa Barbara resident who passed away recently.
- A motion was made to adjourn the meeting in honor of Elizabeth Bess Christensen, who passed away on October 22, 2011. The speaker provided biographical details, noting her education from Reed College, her roles as a founding member of the Lompoc Botanical and Horticulture Society, and her service on various local boards and committees. The speaker also listed her publications, including Naturalists at Play in the Central Coast and Acres of the Loveliest: The Flower Seed Industry of Lompoc Valley, as well as her contributions to the Forward View column and the Voice of World War II Project. The motion to adjourn in her honor was accepted. The next meeting was scheduled for the following week at 9:00 AM in Santa Maria.