Meeting Summary
This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.
At a glance
Flood Awareness Week Resolution
- A public speaker noted that outreach activities related to this resolution contribute to a 20% reduction in flood insurance rates for county residents.
- The item was included in the bulk approval motion for the administrative agenda.
Contract with Outside Counsel for Eminent Domain Litigation
- A public speaker expressed opposition to the expenditure of funds for litigation regarding the Union Valley Parkway project.
- Supervisor Farr requested that the item be trailed until after closed session.
- Supervisor Clark moved to table the item, and the motion was seconded and passed.
Budget Revision Requests
- Supervisor Farr requested the removal of a specific $75,000 transfer for parks to allow consultation with the new Community Services Director.
- The item was approved with this modification, excluding the specified transfer.
Orchid Library Tenant Improvements
- Discussion focused on a bid exceeding the initial estimate and the use of $12,000 from the general fund contingency.
- Supervisor Farr expressed concern about using contingency funds while other libraries face budget cuts.
- Staff clarified that the total general fund request had been reduced from $130,000 to $112,000 due to additional restricted funds.
- Supervisor Gray moved to approve the item, and the motion passed.
Hazardous Materials Program Fee Ordinance
- Supervisor Lavagnino requested the item be pulled to maintain consistency in his voting record, citing a previous vote against it.
- A motion was made to pass the item, and the motion passed.
Acceptance of Public Open Space and Trail Easements from Rice Ranch
- Public comments were mixed, with one speaker requesting temporary construction easements and another opposing the item due to trespassing and liability concerns.
- Supervisor Lavagnino supported moving the item forward but proposed bringing a comprehensive plan back to the Board on January 10.
- Supervisor Carbajal requested clarification on the fiscal impact of the associated commission and expressed concern about the timing of the return.
- The Board discussed the item but did not record a final vote on the acceptance of the land in this section.
Reinstatement of Rural Crime Enforcement Program
- Supervisor Lavagnino thanked the Sheriff’s Office for securing the grant, noting significant property losses in rural areas over the past two years.
- The item was included in the bulk approval motion for the administrative agenda.
Formation of the Orchid Trails Commission
- Supervisor Carbajal requested that staff return with a specific budget and fiscal impact analysis before further work proceeds.
- Supervisor Lavagnino raised concerns about a pending specific plan application and directed staff to prepare a Memorandum of Understanding to protect county interests.
- Supervisor Farr expressed concern about the short timeline for preparing a comprehensive vision for the broader Rice Ranch issues.
- The Board discussed the item but did not record a final vote on the formation of the commission in this section.
Bulk Approval of Administrative Agenda
- A motion was made to approve all remaining administrative agenda items that had not been pulled or trailed.
- The motion included the modifications discussed regarding Item A-13.
- The motion passed.
Fraud, Theft, and Loss Policy
- The Auditor-Controller presented a policy to centralize reporting of fraud, theft, and loss over county funds and property.
- Staff noted that the policy has existed in law since 1947 but is being formalized to address modern risks.
- Supervisor Farr asked about the effectiveness of proactive measures, such as surprise cash counts and updated cash handling policies.
- A motion was made to adopt the policy, and the motion passed.
CSAC Finance Corporation Funding for Constitutional Amendment Ballot Initiative
- Supervisor Gray requested direction on whether the California State Association of Counties should use Finance Corporation funds to support a constitutional amendment ballot initiative.
- Supervisor Carbajal expressed concern about setting a precedent for contributing to campaign efforts.
- Supervisor Kaff supported the expenditure, viewing it as a wise investment to secure funding guarantees for social services and law enforcement.
- A motion was made and seconded to proceed with the item, and the motion passed.
Memorandum of Understanding with Deputy District Attorneys Association
- Staff presented a concession agreement including a 3.5% across-the-board wage reduction for employees earning over $54/hour and a freeze on merit and performance-based increases.
- The agreement also includes the assumption of retiree COLA costs capped at 2% effective June 25, 2012.
- Board members expressed appreciation for the agreement and the concessions made.
- A motion was made and seconded to approve the memorandum of understanding, and the motion passed.
Placement of Equal Employment Opportunity (EEO) Function
- Staff recommended reassigning the EEO function from Human Resources to report directly to the County Executive Office.
- The Civil Service Commission recommended direct reporting to the CEO, noting it worked well prior to 2005–2006.
- Board members supported the move, citing the need for an independent process for grievances.
- A motion was made and seconded to reassign the EEO function to the CEO’s office, and the motion passed.
Implementation of Changes for Service Employees International Union (SEIU) Local 721
- Staff presented a recommendation to impose the county’s last best and final offer on SEIU Local 721, as negotiations had failed to reach an agreement.
- The proposed imposition includes a 3.5% wage reduction, a 40-hour furlough, and the assumption of retiree COLA costs capped at 2%.
- Union representatives and employees argued that the unit generates significant state and federal funding and that the proposed cuts were disproportionately high.
- Supervisor Farr commented on the structural deficit and the necessity of revenue generation and cost cuts.
- Supervisor Lavagnino stated that all comments had been made and moved to proceed with the item, and the motion passed.
Recognition of Volunteers (Sheriff’s Aerial Squadron)
- The Chair recognized the Sheriff’s Aerial Squadron, a group of private pilots who volunteer to fly county staff for fuel costs only.
- Mr. McLaughlin noted the squadron’s utility for travel to Sacramento and cost savings.
- Supervisor Carbajal raised questions regarding risk management and liability procedures for official county business.
- The board acknowledged the squadron’s service and announced that a personal letter of appreciation would be sent to the squadron members.
Resolution of Commendation for Patti Stewart, Chief Probation Officer
- Supervisor Wolff presented a resolution commending Chief Probation Officer Patti Stewart upon her retirement after over 30 years of service.
- Supervisor Farr commented on Stewart’s articulate presentations and the family-like culture within the Probation Department.
- Supervisor Carbajal noted Stewart’s role as a mentor and her continued service on the First Five Children and Families Commission.
- The resolution was passed and adopted.
Resolution Celebrating the 25th Anniversary of the Solvang Conference and Visitors Bureau
- Supervisor Farr presented a resolution recognizing the 25th anniversary of the Solvang Conference and Visitors Bureau.
- A representative of the bureau thanked the board and the City of Solvang for their support.
- The resolution was passed and adopted.
Resolution Honoring the 100th Anniversary of the City of Solvang
- Supervisor Farr presented a resolution honoring the centennial of the City of Solvang.
- Council Member Jamieson thanked the board for the recognition and invited the board to the final centennial event on January 6.
- The resolution was passed and adopted.
Workers’ Compensation Program Presentation
- Mr. Nesbitt presented a status report on the county’s workers’ compensation program, 18 months into a three-year commitment to the CSAC Primary Workers’ Compensation Insurance Program.
- The latest actuarial study predicts a new deficit of $4.2 million as of June 30, 2012.
- An internal committee recommended a seven-year recovery plan to amortize the $4.2 million deficit, adding $600,000 annually to the rate.
- The Board accepted the presentation and moved to the next item.
Appeal of Planning Commission Decision – Diamond Rock Sand and Gravel Mine and Processing Facility
- Staff presented the appeal filed by the Cuyama Valley Conservancy against the Planning Commission’s June 8, 2011 approval of a revision to the Diamond Rock Conditional Use Permit.
- The appellant argued that the Planning Commission’s approval violates the Supremacy Clause by allowing activities prohibited or restricted by the Army Corps of Engineers.
- The applicant explained that the phase revision is a response to economic changes and allows for a lower-impact startup.
- A Supervisor moved to approve staff’s recommendation to deny the appeal, with one modification to Condition 1.
- The motion passed.
Closed Session
- The board was informed of the upcoming closed session agenda items: existing litigation, anticipated litigation, a conference with a real property negotiator, and a conference with a labor negotiator.
Full summary
Opening and Minutes
- The Board of Supervisors convened for its final meeting of the year. Roll call was taken, and the Pledge of Allegiance was recited. A motion was made to approve the minutes. The motion passed.
Administrative Agenda
- Item A-4: Flood Awareness Week Resolution
- A public speaker noted that outreach activities related to this resolution contribute to a 20% reduction in flood insurance rates for county residents. This item was included in the bulk approval motion for the administrative agenda.
- Item A-12: Contract with Outside Counsel for Eminent Domain Litigation
- A public speaker provided background on the Union Valley Parkway project, citing previous oversight regarding property ownership and expressing opposition to the expenditure of funds for litigation. Supervisor Farr requested that this item be trailed until after closed session. Later in the meeting, Supervisor Clark moved to table Item A-12. The motion was seconded and passed.
- Item A-13: Budget Revision Requests
- Supervisor Farr requested the removal of a specific $75,000 transfer for parks, citing the need to consult with the new Community Services Director. The item was approved with this modification, excluding the specified transfer.
- Item A-15: Orchid Library Tenant Improvements
- Discussion focused on a bid coming in over the initial estimate and the use of $12,000 from the general fund contingency. Supervisor Farr expressed concern about using contingency funds while other libraries face budget cuts, requesting that the $12,000 be excluded or that corresponding support be provided to other libraries. Staff clarified that the total general fund request had been reduced from $130,000 to $112,000 due to additional restricted funds. Supervisor Gray moved to approve Item A-15. The motion passed.
- Item A-17: Hazardous Materials Program Fee Ordinance
- Supervisor Lavagnino noted he had previously voted against this item and requested it be pulled to maintain consistency in his voting record. However, a motion was made to pass the item. The motion passed.
- Item A-19: Acceptance of Public Open Space and Trail Easements from Rice Ranch
- Public comments were mixed. One speaker represented the developer, requesting a working agreement for temporary construction easements to complete infrastructure. Another speaker, a local landowner, opposed the item, citing trespassing, fence damage, and liability issues. Other speakers supported the item, citing the need for public hiking trails and open space for residents. Supervisor Lavagnino supported moving the item forward but cautioned that larger issues regarding the Rice Ranch development, including construction easements and a long-term vision, needed to be addressed. He proposed bringing a comprehensive plan back to the Board on January 10. Supervisor Carbajal requested clarification on the fiscal impact of the associated commission (see Item A-41) and expressed concern about the timing of the January 10 return. Staff indicated that a specific plan application exists but is not yet approved. The Board discussed the item but did not record a final vote on the acceptance of the land in this section; the discussion transitioned to the related commission item.
- Item A-34: Reinstatement of Rural Crime Enforcement Program
- Supervisor Lavagnino thanked the Sheriff’s Office for securing the grant, noting significant property losses in rural areas over the past two years. This item was included in the bulk approval motion for the administrative agenda.
- Item A-41: Formation of the Orchid Trails Commission
- Supervisor Carbajal requested clarification on the fiscal impact, noting the current language was broad. She asked that staff return with a specific budget and fiscal impact analysis before further work proceeds. County Council noted minor language changes to the resolution regarding meeting locations and quorum requirements. Supervisor Farr asked how this commission would interact with the existing County Riding and Hiking Trails Committee. Supervisor Gray explained the model would be similar to the Sports Commission at Waller Park, with informal reporting. Supervisor Carbajal maintained that the fiscal impact needed to be codified. Supervisor Lavagnino raised concerns about a pending specific plan application and potential land swaps, directing staff to prepare a Memorandum of Understanding (MOU) or understanding to ensure the developer does not buy back conveyed property at a cost to the county. He proposed bringing the broader Rice Ranch issues back on January 10. Supervisor Farr expressed concern about the short timeline for preparing such a comprehensive vision. The Board discussed the item but did not record a final vote on the formation of the commission in this section; the discussion was tied to the broader Rice Ranch agenda items.
- Bulk Approval of Administrative Agenda
- A motion was made to approve all remaining administrative agenda items that had not been pulled or trailed, with the modifications discussed (specifically regarding Item A-13). The motion passed.
Public Comment
- Two public comments were received. One speaker raised concerns regarding alleged corruption and legal issues. Another speaker addressed the Board regarding the homeless population, noting that a significant percentage are veterans, and urged the Board to consider their needs during the holiday season.
Departmental Agenda
- Item 1: Fraud, Theft, and Loss Policy
- The Auditor-Controller presented a policy to centralize reporting of fraud, theft, and loss over county funds and property. The policy reinforces the Auditor-Controller’s responsibility to investigate and emphasizes departmental management’s role in prevention. Staff noted that the policy has existed in law since 1947 but is being formalized to address modern risks, including increased theft during economic slowdowns and changes in payment methods (e.g., credit/debit cards). A public speaker questioned whether the policy explicitly covers Supervisors. Staff responded that the policy applies to county funds and property generally. Supervisor Farr asked about the effectiveness of proactive measures, such as surprise cash counts and updated cash handling policies. Staff confirmed these measures are in place and noted approximately six to seven reported instances for the current year. A motion was made to adopt the policy. The motion passed.
- Item 2: CSAC Finance Corporation Funding for Constitutional Amendment Ballot Initiative
- Supervisor Gray requested direction on whether the California State Association of Counties (CSAC) should use Finance Corporation funds to support a constitutional amendment ballot initiative. The estimated cost was cited as approximately $3 million for the initiative and $3 million for election support. Supervisor Gray expressed uncertainty, weighing the potential benefit of guaranteed revenue against the high cost and uncertain outcome, noting past difficulties with similar initiatives (Measure 1A). Supervisor Farr asked if the associated dues increase would be temporary. Supervisor Carbajal expressed concern about setting a precedent for contributing to campaign efforts, leaning toward not spending the money. Supervisor Kaff supported the expenditure, viewing it as a wise investment to secure funding guarantees for social services and law enforcement. Members discussed the necessity of a constitutional amendment to guarantee state funding. Concerns were raised regarding the potential for increased costs to become permanent, with specific requests to ensure that the $20,000 investment in CSAC dues is a one-time expense and that dues revert to previous levels. It was noted that CSAC had previously declined a similar proposal that did not sufficiently benefit counties. A motion was made and seconded to proceed with the item. The motion was put to a vote. The motion passed. The Chair noted that a report on the outcome would be provided at the next meeting.
- Item 3: Memorandum of Understanding with Deputy District Attorneys Association
- Staff presented a concession agreement with the Deputy District Attorneys Association (representing 39 employees), effective December 12, 2011, through December 8, 2013. The agreement includes a 3.5% across-the-board wage reduction for employees earning over $54/hour, a freeze on merit and performance-based increases, a reduction in salary-on-promotion from 10% to 5%, elimination of an 80-hour vacation cash-out, elimination of a biweekly retirement contribution offset, and the assumption of retiree COLA costs (capped at 2%) effective June 25, 2012. The agreement also implements a new retirement tier for new hires. Projected savings are approximately $186,000 for the current year and $496,000 for the next. One public speaker raised concerns regarding the lack of diversity in the District Attorney’s office and alleged issues with information transparency and case handling. Board members expressed appreciation for the agreement and the concessions made. One member noted that the reduction in promotion salary increases (from 10% to 5%) clarifies terms that were previously in side letters, helping to clean up MOUs. Another member expressed concern about wage gaps resulting from past leadership discretion but supported the agreement. A motion was made and seconded to approve the memorandum of understanding. The motion was put to a vote. The motion passed.
- Item 4: Placement of Equal Employment Opportunity (EEO) Function
- Staff recommended reassigning the EEO function from Human Resources to report directly to the County Executive Office (CEO). This follows a previous board directive to review other counties' practices and obtain input from the Civil Service Commission. The Civil Service Commission recommended direct reporting to the CEO, noting it worked well prior to 2005–2006. Staff indicated that the position would be filled by a 0.8 FTE management-level employee, replacing current part-time attorney and office professional support. One public speaker requested a separate, independent EEO office outside of the CEO or HR departments, alleging a lack of independence and transparency. Another speaker, representing a labor organization, requested clarification on the cost impact of moving from a professional to a management-level position and questioned the necessity of increasing managerial levels during workforce reductions. Staff indicated they would provide cost breakdowns via email. Board members supported the move, citing the need for an independent process for grievances and the responsiveness of staff to previous concerns. One member noted that placing the office under the CEO’s office avoids potential conflicts of interest associated with the County Counsel’s office. A motion was made and seconded to reassign the EEO function to the CEO’s office. The motion was put to a vote. The motion passed.
- Item 5: Implementation of Changes for Service Employees International Union (SEIU) Local 721
- Staff presented a recommendation to impose the county’s last best and final offer on SEIU Local 721, as negotiations had failed to reach an agreement and the union membership voted down the offer. The proposed imposition includes a 3.5% wage reduction, a 40-hour furlough, a freeze on merit step increases, elimination of sick leave usage for overtime calculations, elimination of a $25 biweekly employer retirement offset, and the assumption of retiree COLA costs (capped at 2%) effective June 25, 2012. It also implements a new retirement tier for new hires. Projected savings are approximately $1,040,000 for the current fiscal year and $1.866 million for the 2012–2013 fiscal year. Staff stated that further negotiation was considered futile. Ten public speakers addressed the board. Union representatives and employees argued that the unit generates significant state and federal funding, making it nearly self-sufficient, and that the proposed cuts were disproportionately high compared to other units. Speakers cited personal financial hardships, including the need for second jobs, loss of housing, and inability to afford health insurance. Several speakers requested that the board send management back to the bargaining table, arguing that negotiations were not exhausted and that the unit had made significant concessions in the past. Others highlighted the low pay relative to other county positions and the impact on recruitment and retention. One board member stated they could not support the imposition, citing the impact on low-wage workers and the belief that the board should continue to work collaboratively with employee groups to reach an agreement. Another member supported the imposition, noting that six other bargaining units had already agreed to similar or greater concessions, and that treating this unit differently would be unfair to the "county family." They cited the county’s structural deficit and the need for collective sacrifice. A third member countered that comparisons to other units were not straightforward due to differences in past negotiations and wage increases, and reiterated their opposition to imposing a base salary cut, which had not been done with other groups. Supervisor Farr commented on the structural deficit and the necessity of revenue generation and cost cuts. She noted that the 721 contract expired in October of the previous year and was extended to align bargaining timing with other units. She expressed disappointment that mediation did not result in an agreement after eight to nine months of negotiation. Supervisor Farr stated that the board had previously imposed terms on confidential unrepresented staff and other bargaining units (specifically 620) to share the burden of the deficit. She indicated that while she would support a special meeting if there were sufficient board support, she did not believe there was. Supervisor Lavagnino stated that all comments had been made and moved to proceed with the item. The motion was seconded. The board voted to proceed with the item. The motion passed. The board took a five-minute break.
Recognition and Resolutions
- Recognition of Volunteers (Sheriff’s Aerial Squadron)
- The Chair recognized the Sheriff’s Aerial Squadron, a group of private pilots who volunteer to fly county staff for fuel costs only. The squadron has operated since the 1940s and assists with executive transport, fire detection during red flag days, prisoner transport, and search and rescue missions. Mr. McLaughlin (Public Works) noted the squadron’s utility for travel to Sacramento and cost savings. A Sheriff’s representative confirmed the squadron’s long history, safety record, and compliance with federal standards. He stated that when performing official county business, the pilots are covered under the county’s insurance umbrella. Supervisor Carbajal raised questions regarding risk management and liability procedures for official county business. Ms. Garcia (Auditor-Controller) stated that the county has additional insurance coverage for catastrophic events and committed to following up with the Sheriff’s Department and Risk Management regarding liability protections. The board acknowledged the squadron’s service. The Chair announced that a personal letter of appreciation would be sent to the squadron members.
- Resolution of Commendation for Patti Stewart, Chief Probation Officer
- Supervisor Wolff presented a resolution commending Chief Probation Officer Patti Stewart upon her retirement after over 30 years of service. The resolution highlighted her career progression from student volunteer to Chief, her role in implementing evidence-based programs, and her leadership during fiscal challenges and the 2011 Public Safety Realignment Act. Supervisor Wolff praised Stewart’s intelligence, charm, and dedication, noting her respect among judges and law enforcement agencies. Supervisor Farr commented on Stewart’s articulate presentations and the family-like culture within the Probation Department. Supervisor Carbajal noted Stewart’s role as a mentor and her continued service on the First Five Children and Families Commission. Supervisor Lavagnino thanked Stewart for mentoring him. Chief Stewart thanked the board for their support of probation, particularly during fiscal reductions, and acknowledged her staff, family, and partner. She noted the department’s evolution from a "misunderstood cog" to a primary solution in the state correction system. The resolution was passed and adopted.
- Resolution Celebrating the 25th Anniversary of the Solvang Conference and Visitors Bureau
- Supervisor Farr presented a resolution recognizing the 25th anniversary of the Solvang Conference and Visitors Bureau. The resolution cited the economic impact of tourism in Santa Barbara County and the bureau’s role in securing national designation for Solvang as a Preserve America Community. A representative of the bureau thanked the board and the City of Solvang for their support, noting that 85% of the bureau’s budget comes from the city. She introduced her staff and marketing partners. The resolution was passed and adopted.
- Resolution Honoring the 100th Anniversary of the City of Solvang
- Supervisor Farr presented a resolution honoring the centennial of the City of Solvang. The resolution referenced the 1911 purchase of land by Danish immigrants, the establishment of the folk school, and the year-long centennial celebrations. Council Member Jamieson (City of Solvang) thanked the board for the recognition. She mentioned the city’s selection as one of nine "Christmas-y" cities in the United States by Time Magazine and invited the board to the final centennial event on January 6. The resolution was passed and adopted.
Administrative / Lunch Break
- The Chair announced that lunch would be provided by Becky Grant, an assistant to Supervisor Lavagnino. The board was informed of the upcoming closed session agenda items: existing litigation (Save Kiama Valley v. County of Santa Barbara), anticipated litigation, a conference with a real property negotiator regarding 4470 Orchard Road, and a conference with a labor negotiator. The board adjourned for lunch, scheduled to reconvene at 1:30 PM.
Workers’ Compensation Program Presentation (No Action Required)
- Status Report
- Mr. Nesbitt presented a status report on the county’s workers’ compensation program, 18 months into a three-year commitment to the CSAC Primary Workers’ Compensation Insurance Program.
- Program Change: The county moved from a self-insured excess program (with a $500,000 retention) to a primary program providing first-dollar coverage.
- Tail Claims: The board contracted with Corvell for a one-time payment of $302,000 to administer pre-switch "tail claims."
- Financial Trends: The presentation highlighted a 12-year trend in financial commitments. The average commitment was approximately $14 million/year from 2001–2008. The last three years averaged around $10 million/year due to the elimination of deficit surcharges, rate breaks for departments, and the switch to the primary program.
- Deficit Projection: The latest actuarial study predicts a new deficit of $4.2 million as of June 30, 2012. This is attributed to claims loss adjustments, previously low rates, and a change in interest rate assumptions from 3% to 1%.
- Recovery Plan: An internal committee (ARMET) recommended a seven-year recovery plan to amortize the $4.2 million deficit, adding $600,000 annually to the rate. The proposed rate for FY 2012-13 is $11.7 million, which is a $2.1 million increase over the current year but still lower than the historical average of $14 million.
- Benefits of Primary Program: The actuarial report estimated that remaining self-insured would have required an additional $1.87 million in funding for 2012-2013. The primary program provides a 95% confidence level versus the previous 50-55% confidence level, and reduces administrative costs and staff FTEs.
- Future Actions: The county plans to have a CSAC representative review the program, increase departmental meetings for safety, enhance back-to-work programs, conduct ergonomic evaluations, and develop a wellness program. A second status report is expected in November of the following year to recommend whether to stay in the program or return to self-insurance.
- Questions and Comments
- Supervisor Carbajal asked for clarification on the rate spike and whether the savings were sustainable. Mr. Nesbitt explained the factors contributing to the projected deficit and the recovery plan. Supervisor Wolff asked if the deficit was caused by tail claims and why the actuarial report was unexpected. Mr. Nesbitt confirmed tail claims are a factor but noted that claim expenses were trending upward. He clarified that the $2.1 million increase in the rate includes the $600,000 recovery plan payment plus other factors, and that the fiscal outlook report’s $2.9 million figure includes general liability. The Director of Risk Management explained that the projected $2.1 million increase in costs is due to a combination of factors, including historical underfunding of tail claims and a slight decline in the fund’s performance compared to previous years. The Director affirmed that despite the premium increase, the county remains better off financially under the current program than if it were self-insured. Supervisors inquired about incentive programs to reduce missed workdays. The Director noted no current mandatory incentive program but cited a study from Chicago where non-participation in a wellness program resulted in higher insurance premiums for employees. A Supervisor recalled a previous "back-to-work" program that was voluntary and involved reassigning employees to less stressful roles; the Director confirmed this voluntary, one-on-one assistance program is still active. A member of the public expressed shock regarding the session, alleging racism and discrimination in the county’s handling of negotiations and risk management staff reductions. The speaker specifically criticized the refusal to renegotiate with a specific group (referred to as "721") and claimed that group has fewer missed workdays than other departments. The Board accepted the presentation and moved to the next item.
Agenda Item 7: Appeal of Planning Commission Decision – Diamond Rock Sand and Gravel Mine and Processing Facility (Cuyama Valley Conservancy v. County)
- Ex Parte Disclosures
- Supervisors disclosed contacts with representatives of Diamond Rock, GPS River Rock Products, and the Cuyama Valley Conservancy. One Supervisor noted they had toured both sites and met with owners. Another Supervisor stated they had only been copied on emails. One Supervisor stated they do not engage in ex parte communications regarding appeals, viewing them as judicial in nature.
- Staff Presentation
- Staff presented the appeal filed by the Cuyama Valley Conservancy against the Planning Commission’s June 8, 2011 approval of a revision to the Diamond Rock Conditional Use Permit (CUP).
- Project Description: The revision adds an interim "Phase 1" (Mining and Extraction Only) to the existing 30-year CUP. Under Phase 1, Diamond Rock would mine raw material and haul it to the existing GPS processing facility via an existing farm road. GPS would cease mining from its own pit during this phase. This reduces simultaneous mining and processing impacts compared to the original 2008 approval.
- Environmental Impacts: Staff stated the revision reduces water use, traffic, noise, and air pollution. The Environmental Impact Report (EIR) addendum was deemed adequate. Staff corrected a typo in the report regarding the letter from Dr. Currie, clarifying it did not warrant further environmental review.
- Permits: Federal permits (Army Corps of Engineers) and state permits (Regional Water Quality Control Board) have been issued or are in the process of being finalized. The Army Corps permit limits extraction to 200,000 tons/year average (1 million tons over 5 years) and restricts pit depth to 45 feet, whereas the county CUP allows for higher volumes and depths over 30 years. Staff noted the county permit covers a larger area to allow flexibility within federal limits.
- GPS Status: GPS has a pending application to open a new mining area. Staff noted GPS has a history of EPA violations and is currently working to resolve non-compliance issues, including a compensatory mitigation plan.
- Board Questions
- Production Limits: Clarified that under Phase 1, total processing at GPS would not exceed 500,000 tons/year because GPS would stop its own mining.
- Timeline: Phase 1 has no defined duration; it could last for the entire 30-year permit term or be shorter. It is an option, not a mandate.
- Federal Permits: Clarified that the Army Corps permit was issued in late 2011 and is currently running. The Regional Water Quality Control Board issued a "technically conditioned certification" (intent to issue permit) in March 2011, contingent on the applicant submitting required reports.
- EPA Violations: Staff confirmed GPS is working to resolve EPA non-compliance issues but has not been shut down.
- Condition 65: The applicant agreed to submit a draft contract between Diamond Rock and GPS showing compliance with conditions before permit issuance.
- Zoning Clearance: Staff clarified that the permit vehicle is now a "zoning clearance" rather than a "land use permit," per recent Board action.
- Appellant Presentation (Cuyama Valley Conservancy)
- Argued that the Planning Commission’s approval violates the Supremacy Clause by allowing activities prohibited or restricted by the Army Corps of Engineers.
- Highlighted discrepancies between county and federal limits: extraction rate (500k vs 200k tons/year), pit depth (90 ft vs 45 ft), footprint (84 acres vs 14 acres), and duration (30 years vs 5 years).
- Cited Dr. Curry’s report on erosion and water table compromise, arguing that in-stream mining degrades water quality and reduces recharge for the Cuyama Valley and Santa Maria region.
- Criticized GPS’s history of illegal unpermitted excavation and EPA violations, arguing the county has not adequately monitored or enforced laws.
- Stated that the county’s EIR addendum failed to consider new information (Army Corps permit, erosion evidence) and that the joint venture constitutes "piecemealing" in violation of CEQA.
- Noted that the Conservancy is in facilitation with Diamond Rock but has not reached a settlement.
- Applicant Presentation (Diamond Rock/GPS)
- Explained that the phase revision is a response to economic changes and allows for a lower-impact startup.
- Confirmed that federal and state permits are in place or being finalized.
- Stated that GPS is moving its mining area because the current pit is depleted.
- Agreed to Condition 65, which imposes Diamond Rock’s conditions on GPS operations during the joint venture.
- Defended the project’s economic benefits, including jobs and tax revenue for the Cuyama Valley.
- Clarified that if GPS successfully opens a new pit, Diamond Rock would need to proceed to Phase 2 (building its own processing facility).
- Public Comment
- A member of the public supported the project for job creation but criticized the Planning Commission for lacking knowledge of the project details.
- The Appellant (Jennifer Lee) responded that the number of local jobs created is unclear and that Phase 1 may not create new jobs.
- Staff Clarification
- Clarified that only the CUP revision is before the Board; the time extension was not appealed.
- Confirmed that the county has an active zoning permit compliance program and monitors mines under the oversight of the State Division of Mines and Geology.
- Noted that any future changes to GPS’s mining operations (e.g., new pit) would go through the Planning Commission and only come to the Board on appeal.
- Motion and Conditions
- A Supervisor moved to approve staff’s recommendation to deny the appeal (uphold the Planning Commission’s decision), with one modification to Condition 1.
- Proposed Condition Change: Modify the hours for mining and primary crushing from 5 a.m. to 6 p.m. (Monday–Saturday) and add a condition limiting transport to GPS to 6 a.m. to 6 p.m. (Monday–Saturday) to ensure consistency.
- The applicant agreed to the condition change.
- A board member seconded the pending motion. During their remarks, the member expressed concern regarding the slow pace of the project's progression and the associated time and financial costs to the county and the applicant. The member noted that while they respected the process, they believed the detailed staff report addressed the concerns raised by opponents.
- The chair called for a voice vote. Members in favor were asked to say "aye," and members opposed were asked to speak.
- The motion passed.
Closing Remarks
- The chair thanked the members and wished everyone a safe and happy holiday. Remarks were exchanged between the chair and other members regarding the transition of leadership roles. The meeting was adjourned.