BOARD OF SUPERVISORSMarch 13, 2012

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 March 13, 2012

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Meeting Summary

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At a glance

AmeriCorps Week Resolution

  • Supervisor Carbajal introduced a resolution proclaiming March 10–18, 2012, as AmeriCorps Week in Santa Barbara County.
  • Staff presented statistics on service hours and volunteer recruitment, while a recruiter spoke on behalf of the program.
  • The board adopted the resolution following the presentation.

Montecito Retirement Association Conduit Financing

  • The Treasurer-Tax Collector requested the county act as a conduit financing arm for the reissuance of approximately $12 million in securities.
  • The Debt Advisory Committee recommended approval with conditions, including the county hiring its own bond counsel and the association compensating the county for costs.
  • Staff confirmed the association indemnified the county and that the bank acknowledged the county has no liability for debt repayment.
  • The board approved the request to proceed with the conduit financing.

Mobile Home Park Closure Ordinance

  • The board considered amendments to the Land Use and Development Code to establish a permit process for closing mobile home parks.
  • The ordinance requires a Closure Impact Report and mandates relocation assistance, including paying costs for movable homes and providing subsidies or compensation for non-movable homes.
  • Public comment was divided, with owners opposing the financial feasibility of in-place value requirements and residents supporting mandatory compensation language.
  • Supervisor Wolk moved to adopt the ordinance with findings changed from "may" to "shall" to ensure mandatory compliance.

Fire Protection District Funding

  • The County Executive Office reported a projected $4 million funding gap for 2013-2014 and $89 million in capital needs for the Fire Protection District.
  • Options discussed included increasing general fund contributions, property tax transfers, and adjusting fire service fees.
  • Staff presented a "growth sharing plan" for property tax transfers, proposing an incremental approach to reach a target percentage over seven years.
  • The board directed staff to return with a plan to implement a property tax transfer beginning in the 2012-13 fiscal year.

Homeless Death Review Team Report

  • Dr. Wada and Dr. Lennon presented data identifying Caucasian males aged 50–59 as the majority of decedents, with substance abuse as the leading cause of death.
  • The report highlighted that 89% of decedents had dual diagnoses of mental health and substance abuse and identified gaps in respite care and mobile outreach.
  • Public commenters urged increased resources for mobile outreach, respite care, and residential treatment for co-occurring disorders.
  • The board directed staff to return with a quantified assessment of unmet needs and potential solutions, including collaboration with cities.

Keysight 3 Project Denial

  • Staff presented the Planning Commission’s recommendation to deny the 125-unit single-family residential project in the Orchid Planning Area.
  • The Planning Commission found the project inconsistent with community plan policies regarding open space preservation and visual resource protection.
  • The applicant argued the project meets state planning requirements for compact development and offered to revise the plan to focus solely on the Upper Mesa.
  • The board voted to follow staff’s recommendation and deny the project.

Closed Session

  • Counsel reported that the Board completed one item regarding the Public Employee Performance Evaluation for the Planning and Development Director.
  • No action was reported to the public session.

Full summary

Agenda Item: Approval of Minutes (March 6, 2012)

  • The Chair requested a motion to approve the minutes of the previous meeting. A motion was made and seconded. The motion carried. Vote Outcome: Passed.

Agenda Item: Approval of Administrative Agenda

  • The Chair asked if any board members wished to pull items from the administrative agenda. Staff noted that an addendum amending Item A6 had been distributed to the board and the public the previous Friday. A motion was made and seconded to approve the administrative agenda. The motion carried. Vote Outcome: Passed.

Agenda Item A1: Resolution Proclaiming AmeriCorps Week

  • Supervisor Carbajal introduced a resolution proclaiming March 10–18, 2012, as AmeriCorps Week in Santa Barbara County. Staff read the resolution into the record, citing statistics on AmeriCorps service hours and volunteer recruitment. Erica Reyes, a volunteer recruiter, spoke on behalf of the program and presented AmeriCorps bags to the board. Supervisor Gray recognized two retiring sheriff’s deputies. The resolution was presented for adoption and passed. Vote Outcome: Passed.

Public Comment: DB Farms Complaints (Dust and Noise)

  • Six public speakers addressed the board regarding issues with DB Farms in the Orkut Community Plan, citing structural damage from dust storms, excessive noise from water pumps and tractors, and property value degradation. Speakers requested information on revoking the farm's right-to-farm status, staff review, and the potential enactment of a county conflict resolution process. One speaker made comments unrelated to the farm regarding alleged scams, and another discussed a dispute with the District Attorney’s office.
  • The board responded by stating they had contacted staff and expressed support for a potential dust ordinance. Staff indicated they were working with the Air Pollution Control District regarding dust regulations, reviewing noise ordinance compliance, and analyzing whether the situation constitutes a public nuisance. Supervisor Carbajal encouraged a comprehensive approach to the ag-urban interface, including buffer ordinances. The board agreed to direct staff to address these issues.

Agenda Item 1: Montecito Retirement Association Conduit Financing

  • The Treasurer-Tax Collector presented a request for the county to act as a conduit financing arm for the Montecito Retirement Association to reissue approximately $12 million in securities. The Debt Advisory Committee recommended approval with conditions, including the county hiring its own bond counsel and the association compensating the county for associated costs. Staff confirmed that the association indemnified the county and that the bank acknowledged the county has no liability for debt repayment. Supervisor Carbajal moved to approve the item, and Supervisor Wolfe seconded the motion. The motion carried. Vote Outcome: Passed.

Agenda Item 2: Mobile Home Park Closure Ordinance

  • The board considered recommendations from the Planning Commission to amend the County Land Use and Development Code and Coastal Zoning Ordinance to establish a permit process for the closure of mobile home parks. Staff explained that the ordinance clarifies the closure process, requires a Closure Impact Report, and mandates relocation assistance, including paying relocation costs for movable homes and providing rental subsidies or in-place value compensation for non-movable homes. Exemptions are available if relocation assistance eliminates all reasonable economic use of the property or if closure is part of bankruptcy proceedings.
  • County Counsel reviewed a public comment letter requesting specific language changes, confirming that changing "may" to "shall" in certain conditions was legally acceptable but would remove case-by-case discretion for the Planning Commission. Supervisor Wolfe expressed discomfort with the phrase "but not limited to" in the conditions of approval. Supervisor Carbajal stated his intent to support a stronger ordinance to protect residents.
  • Public comment included approximately 15 speakers. Park owners and representatives for the Western Manufactured Housing Communities Association and COLAB opposed the ordinance, arguing that in-place value requirements are financially unfeasible, potentially unconstitutional, and discourage new development. Residents and advocacy groups, including the Mobile Home Owners Project and the Golden State Manufactured Homeowners League of California, supported the ordinance, emphasizing the need for mandatory "shall" language to ensure compensation and protect affordable housing stock. Speakers raised concerns about ambiguity in the ordinance and requested clear definitions for county authority and notification timelines.
  • During board discussion, Supervisor Wolk clarified that compensation for non-relocatable homes would be based on appraised fair market value. Supervisor Wolk noted that the findings section still contained "may" instead of "shall" and requested modification to reflect the mandatory language adopted in the ordinance body. Staff confirmed that the definition of a "mobile home park" already exists in the Land Use and Development Code.
  • Supervisor Wolk moved to make the findings for approval as listed in the proposed amendment, specifically changing the language from "may" to "shall," determining that the adoption of the ordinance is categorically exempt from CEQA, and adopting the revised ordinance. The motion also addressed the coastal zoning ordinance amendment with consistent language. The motion was seconded and carried. Vote Outcome: Passed.

Agenda Item 3: Funding of Santa Barbara County Fire Protection District Ongoing Operations

  • The County Executive Office presented a report on funding for the Santa Barbara County Fire Protection District, identifying a projected funding gap of approximately $4 million in 2013-2014 and capital needs of $89 million. Options presented included increasing general fund contributions, property tax transfers, increasing the Transient Occupancy Tax (TOT), implementing a parcel tax, adjusting fire service fees, and increasing the Prop 172 percentage. The CEO proposed a balanced solution involving salary and benefit savings and additional general fund contributions, recommending deferring funding decisions to the FY 2012-13 budget process.
  • Supervisor Lavagnino emphasized the need to implement a property tax reallocation formula before budget discussions. Supervisor Wolk expressed concern about the clarity of pursuing voter-approved measures. Supervisor Carbajal stated that the property tax transfer is the most viable option. Supervisor Gray raised the issue of oil production revenue. Staff presented a "growth sharing plan" for the property tax transfer, proposing an incremental approach to reach a target percentage over approximately seven years.
  • Chief Dyer presented three options for transferring funds to reach a 16% tax rate: an incremental transfer over four to five years, a front-end transfer with a repayment plan, or a transfer after a five-year period. Counsel confirmed that a combination of lump sum and percentage-based transfers is legally sound under Section 99.02. Supervisor Lavagnino requested specific numbers and a timeline. Supervisor Wolf suggested considering 16% and 17% as target rates and requested options for 20% and 25% of incremental growth.
  • Public commenters urged the Board to consider broader revenue sources such as oil industry taxes and to ensure the transfer does not impair the General Fund’s ability to provide existing services.
  • Supervisor Lavagnino moved to receive the report and direct staff to return on May 1 with a plan to implement a property tax transfer beginning in the 2012-13 fiscal year. The motion specified that the plan should include options for 16% and 17% target rates, with funding sources including 20% and 25% of incremental growth, and ensure compliance with Revenue and Taxation Code Section 99.02(f). The motion was seconded, passed, and carried. Vote Outcome: Passed.

Agenda Item 4: Public Health – Homeless Death Review Team Report for 2011

  • Dr. Wada and Dr. Lennon presented the Homeless Death Review Team report covering calendar years 2009 and 2010. The report identified Caucasian males aged 50–59 as the majority of decedents, with drug and alcohol substance abuse as the leading cause of death. 89% of decedents had dual diagnoses of mental health and substance abuse. The presentation highlighted successful collaborations, including the Vulnerability Index survey, and identified challenges such as gaps in respite care and limited mobile outreach.
  • Supervisor Carbajal asked about strategies for treating dual diagnosis and the need for respite care. Dr. Lennon proposed a multidisciplinary mobile unit approach. Supervisor Wolf inquired about methods for identifying medical conditions in homeless individuals, and Dr. Lennon noted the county is implementing electronic health records with remote access capabilities. Chair Farr requested that staff quantify the needs for respite care, detox beds, and mobile clinics to facilitate funding requests.
  • Public commenters spoke in support of increased resources for mobile outreach, respite care, residential treatment for co-occurring disorders, and job programs. Dr. Dietrich, representing the Alcohol and Drug Mental Health Services department, stated that the department serves 150–200 indigent individuals with co-occurring disorders and highlighted the need for multidisciplinary support.
  • Supervisor Carbajal moved to receive the report, determine that the activities are exempt under CEQA, and direct staff to return with a quantified assessment of unmet needs and potential solutions, including collaboration with cities. The motion was seconded, passed, and carried. Vote Outcome: Passed.

Agenda Item 5: Closed Session Report

  • Counsel reported that the Board had one item on the closed session agenda regarding Public Employee Performance Evaluation for the Planning and Development Director. The item was completed, and no action was reported to the public session.

Agenda Item 5 (Continued): Planning and Development – Hearing to Consider Planning Commission’s Recommendation for Denial of Keysight 3 Project

  • Supervisors Gray, Lavagnini, and Carbajal reported ex parte contacts with the proposed developer and/or previous developers. The Chair reported no ex parte contacts.
  • Staff presented the project details for the Keysight 3 project, consisting of 138 acres in the southeast portion of the Orchid Planning Area. The proposal includes 125 single-family residential units and a Multifamily Orchid Residential (MRO) zone previously approved under the Focus ReZone program. The Planning Commission recommended denial, finding the project inconsistent with Orchid Community Plan policies regarding open space preservation, visual and biological resource protection, and the creation of fragmented open space. Staff prepared a Notice of Exemption under CEQA, as CEQA does not apply to rejected projects.
  • The applicant presented the project design, emphasizing refinements made based on staff and Planning Commission comments, including trail systems, visual screening measures, and housing types. The applicant argued that the project meets current state planning requirements for compact development and offered to revise the plan to focus solely on the Upper Mesa if the Board prefers.
  • Public comment included speakers supporting the project, citing trails, open space, and diverse housing types, and speakers opposing the project, arguing it violates the Orchid Community Plan, destroys semi-rural character, increases traffic, and fragments open space. Staff clarified that the MRO portion of the site is not before the Board for discretionary review today, as it was previously approved for ministerial/zoning clearance.
  • During board deliberation, Supervisor Gray stated she did not see a need for the project as proposed, citing inconsistency with the Orchid Community Plan and market conditions. Supervisor Lavagnini expressed disappointment that high-density housing could be placed without neighbor or Board input and suggested the applicant could return with a proposal that fits within the community plan. Supervisor Carbajal supported adhering to the community plan standards and growth management ordinances.
  • Supervisor Gray moved to follow staff’s recommendation and deny the project. The motion was seconded. The Board voted to approve the motion. The motion carried. Vote Outcome: Passed.

Closing Remarks and Adjournment

  • Supervisor Wolf offered remarks honoring Selma Rubin, noting her involvement in the environmental movement and volunteer work. Supervisor Carbajal also offered remarks regarding Rubin’s influence on community values and environmental advocacy. The Chair added remarks regarding Rubin’s continued advocacy. No motions were made, seconded, or voted upon during this segment. The Chair declared the meeting adjourned until the following week in Santa Barbara.