Board of Supervisors — 2014-06-17June 17, 2014

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 June 17, 2014

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Meeting Summary

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At a glance

K-9 Commendation Resolution

  • The Board adopted a resolution honoring Sheriff’s K-9 Betty Blue Van House Peja for her service from 2005 to 2013.
  • Deputy Michael McNeil, the K-9’s handler, detailed the animal's training, service history, and retirement.
  • The motion to adopt the resolution passed unanimously.

Affordable Housing Restrictive Covenant (Park Hills Estate)

  • Supervisor Wolfe recused herself from the discussion and vote on this item.
  • Staff clarified that the item places a restrictive covenant on one unit as part of a previous board action.
  • The CEO noted that the department is working to better track compliance costs.
  • The motion to approve the item passed 3-1-1.

ADMHS State Performance Contract

  • Staff confirmed that the late receipt of the contract did not jeopardize reimbursement for work already performed.
  • No motion was recorded for this specific segment.

ADMHS Contract Amendment with TriWest LLC

  • Staff explained that the amendment aligns the contract with year-end actuals.
  • Supervisor Adam requested documentation of prior authorization for additional work.

Affordable Housing Covenants (Items A-14 and A-15)

  • Staff acknowledged the lack of exact staffing and fiscal impact numbers in the current record.
  • Staff committed to providing better estimates for future items.

Coastal Resiliency Project Phase 1 Grant

  • Supervisor Wolfe moved to continue the item to the July 1, 2014 meeting.
  • The motion to continue the item passed unanimously.

Donation to Lompoc Animal Shelter

  • Supervisor Adam thanked CAPA and Robert Newman for a donation of over $43,000 to improve the shelter facility.
  • Stacey Silver spoke regarding CAPA’s partnership with the shelter.
  • The donation was accepted by the Board.

Summerlin Citizens Association Appeal Hearing Date

  • Staff proposed a hearing date of July 1, 2014, to consider the appeal of the Beach Club project approval.
  • A motion to change the date to July 8 failed with a 2-2 tie vote.
  • A subsequent motion to set the hearing for July 8, 2014, passed unanimously to avoid a tie resulting in no action.

Water Supply and Drought Update

  • The County Drought Task Force structure was outlined, noting the state denied an extension of the local emergency declaration.
  • Lake Kachuma is at approximately 36% capacity, with deliveries projected to reduce to 45% of annual allocation starting October 1, 2014.
  • Agriculture forage production is estimated at 5% of the long-term average due to drought conditions.

State Water Project and CCWA Updates

  • DWR initially allocated 5% of contract amounts, reduced it to 0%, and later restored it to 5% due to supply fluctuations.
  • CCWA completed three supplemental water purchases totaling approximately 5,000 acre-feet as of May 21.
  • CCWA is negotiating a deal for an additional 1,000 to 2,000 acre-feet for 2014 and 2015.

Lake Cachuma Pumping Project

  • The emergency pumping project is a design-build-operate-maintain contract overseen by HDR Engineering.
  • Construction has begun on a system involving a pumping barge located 3,500 feet from the intake tower.
  • The project is expected to be operational in September with an initial six-month contract costing close to $6 million.

Local Water Purveyor Updates

  • Carpinteria Valley Water District declared a Stage One emergency and anticipates pumping ~2,500 acre-feet of groundwater.
  • Goleta Water District declared a Stage One shortage and is pumping groundwater at full capacity.
  • Montecito Water District adopted water rationing and achieved a ~40% reduction in sales compared to the previous year.
  • The City of Santa Barbara declared Stage Two and is ramping up groundwater pumping while preparing to restart its desalination facility.
  • Vandenberg Village Community Services District requested voluntary conservation, resulting in a 9% decrease in current water use.

Chromium-6 Regulations and Water Supply

  • The new hexavalent chromium regulation lowers the maximum contaminant level from 50 to 10 parts per billion effective July 1.
  • District managers requested board support for a letter to the legislature to delay the standard during the drought.
  • Public commenters raised concerns about the regulation and the necessity of pumping water for steelhead fish during a drought.

Water Agency Directives

  • Supervisor Farr moved to direct the Water Agency to return in September with updates on supply options and the pumping project.
  • The motion included requests for accelerated updates on groundwater levels and reports on domestic well permits and Chromium-6 impacts.
  • The motion to direct these actions passed unanimously.

Laguna County Sanitation District Rates

  • A 12% increase in sewer charges is proposed to fund plant upgrades, raising the single-family residential rate to $813.04.
  • Developer impact fees are also proposed for a 4.5% increase.
  • Staff confirmed that Proposition 218 mailers explain the purpose of the fees and the rate increase.
  • The motion to adopt the proposed rates and fees passed unanimously.

Sanitation Charge Discrepancy

  • A public commenter reported a 101% increase in sanitation charges for her business.
  • Supervisor Adam stated that staff would investigate to ensure no error had been made, as the intended increase was 12%.
  • The chair advised the commenter to contact the district manager to discuss the matter.

Flood Control Benefit Assessment Program

  • Staff presented the annual adoption of benefit assessment rates, which include a 1.04% increase based on CPI.
  • The Board approved items A, B, and C as a first reading, with final adoption scheduled for July 1.
  • The motion to pass the item as presented passed unanimously.

ADMHS Published Charges

  • The Board considered an ordinance adjusting published charges for the psychiatric health facility and outpatient services.
  • CFO Evans explained that PUHF charges would decrease due to increased bed utilization.
  • The Board noted that days for patients incompetent to stand trial who no longer require acute care are not reimbursable by Medi-Cal.
  • The motion to approve the charges passed unanimously.

HOME Fund Reservations

  • The Board considered reservations for the Solvang Senior Apartments and Los Adobes de Maria III projects.
  • Proposed actions include reserving $180,000 for Solvang and $448,852 for Los Adobes de Maria III.
  • Staff clarified that oversight funds cover construction, while post-construction reviews are funded by applicants.
  • The motion to approve staff’s recommended actions passed unanimously.

Golden Inn and Village Project

  • The Board considered the approval of a senior housing community involving assisted living, independent living, and affordable employee housing.
  • Staff recommended approval of the project, including CEQA findings, zoning changes, and development plans.
  • Supervisor Farr added a ninth action regarding fee reduction, finding $29,580 in substitute funds available for parks and recreational facilities.
  • The motion to approve the project and the fee reduction action passed unanimously.

Funding Clarification for Golden Inn Action Nine

  • The CEO clarified that the funding for the fee reduction action would be drawn from an additional $200,000 allocated for parks renewal.
  • The specific amount identified for this action was $29,000.
  • The motion regarding this funding clarification passed unanimously.

Full summary

Meeting Opening and Administrative Announcements

  • The Board of Supervisors convened for its June 17, 2014 meeting. Roll call was taken, and the Pledge of Allegiance was recited. A motion was made and seconded to approve the minutes of the June 3, 2014 meeting. Staff provided announcements regarding agenda changes: Item A-2 was moved to July 8, 2014; Item A-17 had a record correction noting Valley Crest Landscape is a local vendor; Item A-23 was continued to July 1, 2014; and the application for Item A-64 was withdrawn. A motion was made and seconded to pass the administrative agenda with these changes. The motion passed unanimously.

Agenda Item A-1: Resolution of Commendation for Sheriff’s K-9 Betty Blue Van House Peja

  • A motion was made and seconded to adopt a resolution of commendation honoring Sheriff’s K-9 Betty Blue Van House Peja for her service from October 2005 to July 2013. Deputy Michael McNeil, the K-9’s handler, spoke regarding her training, service history, and retirement. The motion passed unanimously.

Agenda Item A-16: Affordable Housing Restrictive Covenant for Park Hills Estate Subdivision

  • Supervisor Wolfe recused herself from this item. Supervisor Adam raised concerns regarding the lack of specific staffing impact and cost data in the board letter. Kendra O’Connor spoke in support of the affordable housing provision but raised concerns about inconsistencies in the record regarding the number of homes. Staff clarified that the item places a restrictive covenant on one unit as part of a previous board action. CEO Miyasato stated that the department is working to better track compliance costs. A motion was made and seconded to approve the item. The motion passed 3-1-1 (with one recusal).

Agenda Items A-7, A-8, A-14, A-15, A-28, and A-37

  • Item A-7 (ADMHS State Performance Contract): Staff confirmed that the late receipt of the contract did not jeopardize reimbursement for work already performed. No motion was recorded in this segment.
  • Item A-8 (ADMHS Contract Amendment with TriWest LLC): Staff explained that the amendment aligns the contract with year-end actuals. Supervisor Adam requested documentation of prior authorization for additional work.
  • Items A-14 and A-15 (Affordable Housing Covenants): Staff acknowledged the lack of exact staffing and fiscal impact numbers but committed to providing better estimates in the future.
  • Item A-28 (Coastal Resiliency Project Phase 1 Grant): Supervisor Wolfe moved to continue the item to the July 1, 2014 meeting. The motion was seconded. The motion to continue passed unanimously.
  • Item A-37 (Donation to Lompoc Animal Shelter): Supervisor Adam thanked CAPA and Robert Newman for a donation of over $43,000 to improve the Lompoc shelter facility. Stacey Silver spoke about CAPA’s partnership with the shelter. The item was accepted.

Agenda Item A-59: Set Hearing for Summerlin Citizens Association Appeal (Beach Club Project)

  • Staff requested a hearing to consider the appeal of the Planning Commission’s approval of the Beach Club project, proposing a hearing date of July 1, 2014. Ginger Anderson spoke in support of keeping the July 1 date. Reeve Wilpert requested the hearing be moved to July 8, 2014, due to a scheduled surgery. Supervisor Farr and Supervisor Wolfe supported moving the item to July 8, citing the long-range calendar and constituent emails. Chair Lavinino expressed a preference for keeping the July 1 date. Supervisor Wolfe moved to change the hearing date to July 8, 2014. The motion was seconded. The motion failed 2-2. Supervisor Adam suggested setting the hearing for July 8 to avoid a tie vote resulting in no action. A new motion was made and seconded to set the hearing for July 8, 2014. The motion passed unanimously.

Departmental Agenda Item D-1: Water Supply and Drought Update

  • The County Executive Office presented a hearing to consider recommendations regarding the water supply and drought update. Ryan Ruckman outlined the structure of the County Drought Task Force and noted that the state denied a request to extend the re-ratification of the local emergency declaration during the summer recess. Tom Farrum reported that Lake Kachuma is at approximately 36% capacity and projected that starting October 1, 2014, deliveries from Kachuma will be reduced to 45% of annual allocation for 2015. Guy Tingos reported on the impact of the drought on agriculture, citing a UC Cooperative Extension report estimating 2014 forage production at 5% of the long-term average.

Water Supply Situation and State Water Project Updates

  • A representative from the Department of Water Resources (DWR) and Central Coast Water Authority (CCWA) provided an overview of the 2014 water supply situation. DWR initially allocated 5% of contract amounts to state water project contractors but subsequently reduced this to 0% due to insufficient supply, later restoring it to 5%. CCWA established a supplemental water purchase program in March 2014; as of May 21, three purchases totaling approximately 5,000 acre-feet were completed. For all CCWA participants in 2014, approximately 20,000 acre-feet of water is available, equating to roughly 46% of the Table A contract amount. CCWA is negotiating a deal with another State Water Project contractor for a minimum of 1,000 to potentially 2,000 acre-feet for 2014 and 2015.

Lake Cachuma Pumping Project Update

  • Randy Ward, representing the Kachuma Operations and Maintenance Board, presented an update on the emergency pumping project. The project is a design-build-operate-maintain contract overseen by HDR Engineering. Construction has begun, and the system involves a pumping barge located 3,500 feet from the intake tower. The project is expected to be operational in September, with an initial six-month contract. The total project cost is estimated at close to $6 million. The four impacted member units will financially support the project based on a formula.

Local Water Purveyor Updates

  • Carpinteria Valley Water District: Declared a Stage One drought emergency on February 12, 2014. Between March 1 and May 31, usage was 20% below pre-declaration expectations. The district anticipates pumping ~2,500 acre-feet of groundwater.
  • Goleta Water District: Declared a Stage One water shortage in March. Customers have reduced consumption by ~10%. The district is pumping groundwater at full capacity and mobilizing projects to increase pumping capacity.
  • Montecito Water District: Declared a water shortage emergency on February 11, 2014, and adopted Ordinance 93 (water rationing) on February 21, 2014. Since enacting the ordinance, customers have achieved a ~40% reduction in sales compared to the previous year.
  • City of Santa Barbara: Declared Stage One on February 11, 2014, and Stage Two on May 20, 2014. The city is ramping up groundwater pumping and has a permitted desalination facility in standby, with the process to restart it beginning on May 6, 2014.
  • Vandenberg Village Community Services District: Sole source is groundwater from the Lompoc Uplands aquifer. The board voted in February 2014 to ask customers to voluntarily conserve 20%. Current water use has decreased by 9%.

Water Supply and Chromium-6 Regulations

  • Chris Dahlstrom, General Manager of Santa Ynez River Water Conservation District Improvement District 1 (ID1), presented an update on the district’s water supply challenges and the impact of the new hexavalent chromium (Chromium-6) regulation, which lowers the maximum contaminant level from 50 parts per billion to 10 parts per billion effective July 1. Bruce Wales, General Manager of the Santa Ynez River Water Conservation District, stated that the Chromium-6 issue affects a broader "shadow population" of mutual water companies and requested board support for a letter to the legislature or governor to delay the Chromium-6 standard during the drought. Richard Sweet, representing the City of Santa Maria, provided a brief overview of the city’s water supply.
  • Public comments were received from Jim Zaleski, Bob Field, and Andy Caldwell. Zaleski questioned the necessity of pumping water from Cachuma Lake to Hilton Creek for steelhead fish during a drought. Field echoed concerns about the Chromium-6 regulation and requested a dedicated hearing on the issue. Caldwell criticized the lack of long-term planning and suggested investigating reclaimed water and desalination options.
  • Supervisors questioned the status of the Hilton Creek fishery. Staff confirmed that the fish are alive and the program is successful. Staff also explained that removing silt from Cachuma Reservoir was analyzed in the 1990s and found to be economically and practically difficult. Supervisor Farr moved to direct the Water Agency to return in September with an update on water supply options, the status of the pumping project, and any potential exchanges or purchases by CCWA. The motion also included requests for accelerated updates on county groundwater basin levels, a report from Public Health and Environmental Health Services on domestic well permits and the impact of Chromium-6 regulations, a report on funding options and legislative actions regarding Chromium-6, and inclusion of the Hilton Creek fishery program in the review. The motion was seconded. The motion passed unanimously.

Agenda Item: Laguna County Sanitation District Rates and Fees

  • Marty Wilder, Utilities Manager for Laguna Sanitation, presented the proposed fiscal year 2014-15 rates and fees. A 12% increase in sewer charges is proposed to fund plant upgrades. The proposed annual rate for a single-family residential unit is $813.04, up from $725.93. Developer impact fees are also proposed for increase by 4.5%. Supervisor Farr asked about the forecast for future rate increases. Staff responded that following the current 12% increase, there will be one more year at 12%, followed by an 8% increase, after which rates will generally track with CPI. Supervisor Lavinino asked about the information provided to ratepayers regarding the use of funds. Staff confirmed that under Proposition 218, mailers explain the purpose of the fees and the rate increase. Supervisor Adam moved to adopt the proposed rates and fees. Supervisor Farr seconded the motion. The motion passed unanimously.

Public Comment: Sanitation and Sewer Charges

  • Ming Sun, representing SOPARPRA, provided public comment stating that her business’s sanitation and sewer charges had increased by 101% in the previous year. Supervisor Adam stated that staff would investigate to ensure no error had been made, as the intended increase was 12%. The chair advised Ms. Sun to contact Bob Nelson from the district to discuss the matter.

Agenda Item: Flood Control Benefit Assessment Program

  • Mr. Fairman presented a staff report regarding the annual adoption of benefit assessment rates for the Flood Control District. He noted that these assessments are voter-approved and include an annual increase based on the State Department of Finance Consumer Price Index (CPI). The proposed increase for the current year is 1.04%. Mr. Fairman requested the board approve items A, B, and C as a first reading, with final adoption scheduled for July 1 on the administrative agenda. Supervisor Adam moved to pass the item as presented. The motion was seconded. The board voted unanimously in favor, and the item passed.

Agenda Item 6: Alcohol, Drug, and Mental Health Services (ADMHS) Published Charges

  • Mr. Allen introduced Item 6, a hearing to consider recommendations regarding an ordinance adjusting published charges for the psychiatric health facility (PUHF) and outpatient mental health services. Mr. Evans, the CFO, explained that published charges are the maximum rates ADMHS can charge and are used to determine Medi-Cal reimbursement. He noted that PUHF charges would decrease significantly due to increased bed utilization. Board members asked questions regarding the risk of utilization rates dropping, the inclusion of depreciation in cost reports, and the reimbursement status of patients deemed incompetent to stand trial. Mr. Evans stated that days for patients incompetent to stand trial who no longer require acute care are not reimbursable by Medi-Cal. Supervisor Wolf noted that this creates a financial burden as these patients occupy beds without reimbursement. Supervisor Farr asked how the county’s rates compare to other counties; Mr. Evans explained that the Santa Barbara PUHF is a "super PUF" licensed as both a psychiatric facility and an acute hospital, resulting in higher costs compared to the state average. The item was moved and seconded. The board voted unanimously in favor, and the item passed.

Agenda Item 7: HOME Fund Reservations

  • Mr. Allen introduced Item 7, concerning HOME fund reservations for the Solvang Senior Apartments and Los Adobes de Maria III, as well as other HOME program uses. Lori Baker from the Housing Division presented the proposed uses of HOME funds for fiscal year 2014-15. The county’s HOME allocation was $937,493. The presentation outlined the following proposed actions: 1. Reserve $180,000 for the Solvang Senior Apartments. 2. Reserve $448,852 for the Los Adobes de Maria III project. 3. Approve $139,335 for county project oversight costs. 4. Restate the uses of HOME funds by consortium member cities (Santa Maria and Lompoc) for their respective programs.
  • Supervisor Adam asked if the oversight funds were sufficient for long-term monitoring; staff clarified that the funds cover construction oversight, and post-construction annual reviews are funded by the applicants. Supervisor Wolf asked about the timeline for the Solvang project; staff confirmed the developer must break ground within six months of tax credit allocation. Jake Lingo, representing Corporation for Better Housing (Solvang project), stated the project is "shovel-ready" with all other financing in place. Morgan Benevita, representing People’s Self-Help Housing (Los Adobes de Maria III), noted the project’s history in the community and the vetting by the Capital Loan Committee. Supervisor Farr moved to approve staff’s recommended actions A, B, C, and D. The motion was seconded. The board voted unanimously in favor, and the item passed.

Agenda Item 8: Golden Inn and Village Project

  • Mr. Allen introduced Item 8, a hearing to consider the Planning Commission’s recommendation for approval of the Golden Inn and Village Project, a senior housing community located at the southeast corner of Highway 246 and Refugio Road in San Ynez. Dana Eadie, from Planning and Development, presented the staff report. The project involves subdividing a 7.3-acre parcel into three lots: an assisted living and memory care facility, a building containing 60 independent living senior apartments and a senior community center, and 27 affordable employee family apartments. Staff recommended approval of the project, including CEQA findings, the mitigated negative declaration, land use designation changes, zoning changes, the vesting tentative parcel map, and the three development plans.
  • Applicants presented their case. John Polanski, Director of Housing Development for the Housing Authority of the County of Santa Barbara, thanked staff and the community for their support. Rhona Barrett, of the Rhona Barrett Foundation, shared her personal motivation for the project. Lisa Plowman and Detlev Peikert from Peikert RRM Design Group presented details on the project’s design, emphasizing the need for senior housing, the integration of employee housing, and sustainable design features.
  • A supervisor inquired about the operational structure of the proposed memory center. The project representative confirmed that a partner operator is being sought. A supervisor asked whether the proposed community center would be accessible to external parties. The project representative stated that the community center is designed to accommodate such services. Supervisor Farr moved to approve staff’s recommended actions 1 through 8, and added a ninth action regarding fee reduction pursuant to County Code section 21-122.53, finding that $29,580 in substitute funds are available within the Community Services Department’s budget to ensure parks and recreational facilities can be constructed. Supervisor Wolf seconded the motion. The motion passed unanimously.

Funding Clarification for Action Number Nine

  • The CEO of the Community Services Department (CSD) clarified that the funding referenced in Action Number Nine would be drawn from an additional $200,000 allocated by the board for parks renewal. The specific amount identified for this action was $29,000. A supervisor confirmed that this funding was intended for park improvements, including a tot lot and barbecue facilities. A motion regarding this item was made and seconded. The motion passed unanimously.

Adjournment

  • The meeting was adjourned, with the next session scheduled for July 1st in Santa Barbara.