Board of Supervisors — 2012-10-16

Adopt-a-Shelter Dog Month Resolution

• The Board recognized National Adopt-a-Shelter Dog Month through a formal resolution.
• Animal Services staff, volunteers, and adoptable dogs were introduced to the Board.
• The resolution was approved without changes.

Aviation Fuel Procurement

• The Sheriff’s Office requested authorization to purchase up to $125,000 in aviation fuel annually without a formal bid.
• The agreement covers purchases from the Santa Ynez Airport Authority through June 30, 2014.
• Clarifications were provided regarding fuel sources and the distinction between Sheriff/Fire units and volunteer pilots.
• The item was approved as part of the administrative agenda.

Emergency Air Medical Transport Services

• The Board held the item for further discussion regarding timing implications and noise complaints.
• Staff indicated a need to consult with the Department of Public Health regarding contract timing.
• The item was continued to the November 6 meeting for further review.

Tahigas Landfill Phase 2 Closure

• The Board discussed the landfill's 15-year capacity goal and the priority of final closure.
• Clarification was provided that the 15-year figure refers to capacity rather than a strict closure date.
• The item was approved as part of the administrative agenda.

Sheriff’s Department AB 900 Phase 2 Award

• The Sheriff’s Department requested a continuance regarding the $80 million conditional award for the North Branch Jail Project.
• The Board voted to continue the item to the November 13 meeting.

Mission Canyon Multimodal Improvement Process

• Staff presented a joint planning process with the City of Santa Barbara funded by a Caltrans grant.
• The two-year process aims to improve circulation and safety while preserving historic resources.
• The Board received and filed the item, expressing support for the collaborative effort.

Park Hill Estates Project Appeal

• The Board denied the appeal filed by the San Antonio Creek Homeowners Association and the California Native Plant Society.
• Staff recommended denying the appeal because the claims did not constitute substantial evidence for an Environmental Impact Report.
• The Board affirmed the Planning Commission’s approval and adopted the revised Mitigated Negative Declaration.
• De novo approval was granted for the 16-lot subdivision subject to specific conditions.

FY 2013-2015 Budget Policies

• The Board adopted budget policies including accountability, policy-based budgeting, and maintaining a strategic reserve.
• A policy regarding employee compensation equity was added to the fiscal strategies.
• The budget update schedule was adjusted to include an earlier presentation in March.

CDBG Annual Action Plan Amendments

• The Board approved substantial amendments to CDBG plans for program years 2009, 2011, and 2012.
• Funds were reprogrammed for library improvements, park renovations, and youth corps requests.
• A specific condition was added to use remaining Veterans Memorial Building funds for ADA improvements at that location.

Misdemeanor Diversion Program

• The District Attorney’s Office proposed a program to divert eligible low-level offenders from the criminal justice system.
• The program requires eligible offenders to complete rehabilitation and pay restitution within 90 days.
• The Board approved the contract between the DA’s Office and Pacific Education Services.

Board Roles in Major Emergencies

• The Office of Emergency Management presented a workshop on the Board's roles during major emergencies.
• Key topics included the structure of the Emergency Operations Center and consistent messaging protocols.
• The Board received and filed the presentation.

Closed Session

• The Board conferred with legal counsel regarding existing and anticipated litigation.
• The Board also conferred with labor negotiators.
• Staff reported that all noticed agenda items in closed session were concluded with no reportable action.

Minutes of the October 9, 2012 Meeting

Approval of Minutes

• Discussion: No changes were proposed to the minutes of the October 9, 2012 meeting.
• Motion: Moved by Supervisor Wolfe, seconded by Supervisor Carbajal.
• Outcome: Passed.

Public Comment

• Veteran Stand Down: Supervisor Lavagnino reported on the first Veteran Stand Down event held at Santa Maria Fair Park, noting over 800 volunteers, 250 veterans and family members served, and a $7,000 Department of Labor grant. Other supervisors expressed support for the initiative.
• Roundabouts: Scott Wentz spoke against the proposed regional roundabout at 154 and 246, citing safety and congestion concerns. Supervisors Lavagnino and Gray noted that while the Board and SBCAG had previously opposed the roundabout, Caltrans retains discretion over funding and construction.
• Bilingual Workshop: Jose Navarrete requested that the Board encourage department heads to send bilingual staff to a free workshop on Spanish translation and interpretation skills scheduled for November 10.
• General: Richard Robinson spoke regarding national political issues and infrastructure.

Administrative Agenda

Item A-1: Resolution Proclaiming October 2012 as Adopt-a-Shelter Dog Month

• Discussion: Supervisor Wolfe presented a resolution recognizing National Adopt-a-Shelter Dog Month. Animal Services staff, volunteers, and adoptable dogs were introduced to the Board.
• Motion: Moved by Supervisor Carbajal, seconded by Supervisor Wolfe.
• Outcome: Passed.

Item A-23: Authorization to Procure Aviation Fuel

• Discussion: The Sheriff’s Office requested authorization to purchase up to $125,000 in aviation fuel per fiscal year from the Santa Ynez Airport Authority without a formal bid process, for the period ending June 30, 2014. Clarifications were provided regarding fuel purchases at Vandenberg Air Force Base and the distinction between the Sheriff/Fire unit and volunteer AeroSquadron pilots.
• Motion: Included in the motion to approve the balance of the administrative agenda.
• Outcome: Passed.

Item A-18: Agreement for Emergency Air Medical Transport Services

• Discussion: Mark Scittillo requested that the Board direct staff to include metrics in the contract requiring quieter aircraft to address noise complaints. Supervisor Wolfe suggested holding the item for further discussion regarding timing implications. CEO Waller indicated a need to consult with Dr. Wada regarding timing.
• Motion: Initially included in the motion to approve the balance of the administrative agenda, but subsequently separated.
• Outcome: The item was held over. A motion to continue Item A-18 to the November 6 meeting was made and passed (see Departmental Agenda section).

Item A-21: Tahigas Landfill Phase 2 Partial Final Closure

• Discussion: Mark Scittillo reminded the Board of previous resolutions indicating a 15-year capacity goal for the landfill and requested that the Board ensure the landfill has a limited life and that final closure is prioritized. Supervisor Carbajal noted that the 15-year figure referred to capacity rather than a strict closure date.
• Motion: Included in the motion to approve the balance of the administrative agenda.
• Outcome: Passed.

Balance of Administrative Agenda

• Motion: Motion to approve the balance of the administrative agenda (excluding Item A-18).
• Outcome: Passed.

Departmental Agenda

Item 1: Sheriff’s Department – AB 900 Phase 2 Conditional Award

• Discussion: The Sheriff’s Department requested a continuance of the hearing regarding the decision to accept an $80 million AB 900 Phase 2 conditional award for the North Branch Jail Project.
• Motion: Moved by Supervisor Lavagnino, seconded by Supervisor Wolfe, to continue the item to the November 13 meeting.
• Outcome: Passed.

Item 2: Planning and Development/Public Works – Mission Canyon Multimodal Improvement Process

• Discussion: Staff presented a joint planning process with the City of Santa Barbara to improve circulation and safety in the Mission Canyon area, funded by a ~$90,000 Caltrans grant. The two-year planning process aims to produce conceptual design solutions for pedestrian, bicycle, and vehicle safety while preserving historic resources. Public commenters raised concerns about historic constraints and density. Supervisors expressed support for the collaborative effort and the grant.
• Motion: Moved by Supervisor Carbajal, seconded by Supervisor Wolfe, to receive and file the item.
• Outcome: Passed.

Item A-18 (Continued from Administrative Agenda): Agreement for Emergency Air Medical Transport Services

• Discussion: CEO Waller reported that the Department of Public Health indicated it would be acceptable to continue the item to the November board meeting.
• Motion: Motion to continue Item A-18 to the November 6 meeting.
• Outcome: Passed.

Item 3: Appeal of Planning Commission Approval for Park Hill Estates Project (4700 Villa Los Santos)

• Procedural Matters: Supervisor Wolf recused himself from the item. A motion to accept three late documents into the record was moved by Supervisor Lavagnino, seconded by Supervisor Gray, and passed. Supervisors disclosed ex parte communications regarding the item.
• Staff Presentation: Staff presented the appeal filed by Mark Sciatillo on behalf of the San Antonio Creek Homeowners Association and the Channel Islands Chapter of the California Native Plant Society. The project proposes subdividing a 14.87-acre property into 16 residential lots. Staff concluded that the appellant’s claims do not constitute substantial evidence requiring an Environmental Impact Report (EIR) and recommended denying the appeal, affirming the Planning Commission’s approval, adopting the revised Mitigated Negative Declaration (MND), and granting overall approval subject to conditions.
• Appellant Presentation: Mark Sciatillo, David Magney (Biologist), and Scott Franklin (Fire Expert) argued that an EIR is required due to significant environmental effects, inadequate evaluation of the whole project, improper biological baseline, and fire safety risks. They cited deficiencies in survey work, failure to model evacuation, and the presence of native grassland habitat.
• Applicant Presentation: Jeff Nelson (Applicant Representative) requested denial of the appeal, stating there is no basis for an EIR. He argued the project is consistent with the Community Plan and Housing Element, meets fire department standards, and includes voluntary road enhancements. He also noted the project includes one very low-income rental unit to satisfy state bonus density laws.
• Public Comment: Commenters defended the biological review, expressed concern about emergency exits and fire safety, cited potential destruction of views and wildlife corridors, and argued that the Board should uphold CEQA and public confidence in the process.
• Rebuttal: The appellant argued that the applicant’s claim to evaluate only incremental impacts lacks legal authority and that substantial evidence of biological, fire, cultural, public safety, visual, and soil impacts supports the need for an EIR.
• Staff Response: Staff clarified that biological reports were prepared in alignment with county guidelines and that the site was not designated as open space in the Community Plan.
• Board Deliberation: Supervisors discussed fire safety, density, and indemnification costs. Supervisor Lavagnino noted that rejecting the project would effectively create a building moratorium. Supervisor Carbajal expressed hesitation due to fire safety concerns. The Chair supported the motion, noting that the current proposal offers better biological protection than the 2007 plan and includes funding for critical road improvements.
• Motion: Moved by Supervisor Gray, seconded by Supervisor Lavagnino, to deny the appeal, affirm the Planning Commission’s decision, make required findings, adopt the revised final mitigated negative declaration, and grant de novo approval.
• Outcome: Passed.

Closed Session

• Discussion: The Board entered closed session to confer with legal counsel regarding existing and anticipated litigation and to confer with labor negotiators.
• Outcome: Upon returning to open session, staff reported that all four noticed agenda items in closed session were concluded with no reportable action.

Item 4: FY 2013-2015 Budget Policies

• Discussion: CEO Waller and Budget Director Tom Alvarez presented the start of the 2013-2015 budget process, proposing a series of budget development updates to involve the Board and public earlier. The proposed schedule includes presentations on fiscal outlook, general fund allocation targets, service level impacts, and the capital improvement program. The Chair and Supervisor Wolf suggested adding an earlier update in March to review draft service level impacts. Staff presented proposed budget policies and fiscal strategies, including accountability, policy-based budgeting, structurally balanced budgets, risk management, and maintaining a strategic reserve equal to 8% of general fund operating revenues. Supervisor Wolf requested the addition of a policy regarding employee compensation equity.
• Motion: Motion to receive and adopt the budget policies and fiscal strategies, including the addition of the employee compensation equity policy and the adjustment to the budget update schedule to include a March presentation.
• Outcome: Passed.

Item 5: CDBG Annual Action Plan Substantial Amendments

• Discussion: Deputy Director Dinah Lockhart presented requests to approve substantial amendments to the Community Development Block Grant (CDBG) Annual Action Plans for program years 2009, 2011, and 2012. This included reprogramming funds for library improvements, park renovations, youth corps requests, and ADA improvements. Supervisor Wolf expressed a preference that any remaining funds from the Veterans Memorial Building project be used for ADA improvements at that specific location.
• Motion: Moved by Supervisor Wolf, seconded by Supervisor Carbajal, to proceed with staff’s recommendation, with the exception that all funds allocated for the Veterans Memorial Building be programmed for ADA purposes at that location within legal time constraints.
• Outcome: Passed.

Item 6: Misdemeanor Diversion Program

• Discussion: The District Attorney’s Office presented a proposal for a new misdemeanor diversion program designed to divert eligible low-level offenders from the criminal justice system prior to case filing. The program targets non-recidivists with lesser misdemeanor offenses. Eligible offenders must complete a rehabilitative program and pay victim restitution within 90 days. The program is a collaboration between the DA’s Office, Pacific Education Services (PES), and the local Council on Alcoholism and Drug Abuse. The Sheriff’s Department expressed support for the program.
• Motion: Moved by Supervisor Carbajal, seconded by Supervisor Lavagnino, to receive the report and approve the contract for the misdemeanor diversion program between the District Attorney’s Office and Pacific Education Services.
• Outcome: Passed.

Item 7: Board of Supervisors Roles in Major Emergencies

• Discussion: The Office of Emergency Management (OEM) presented a workshop on the roles of the Board of Supervisors during major emergencies and disasters. Key points included the structure of the Emergency Operations Center (EOC), the Board’s roles in pre-event, during-event, and post-event phases, and the importance of consistent messaging with the EOC Public Information Officer. OEM provided starter preparedness kits to Board members.
• Motion: Motion to receive and file the presentation, seconded by Supervisor Carbajal.
• Outcome: Passed.

Closing Remarks and Adjournment

• Discussion: A member offered a tribute to Pauline Herman, noting her volunteer work with the Fox and Woods Homeowners Association and her service on the Lewis Oasis Senior Center board.
• Outcome: The Chair stated that the agenda was concluded and adjourned the meeting until the next session on November 6th.