Board of Supervisors — 2014-08-26

Dangerous Dog Ordinance

• County Counsel confirmed the current ordinance aligns with state law and that a final court judgment ordered the destruction of two specific dogs.
• Public Health announced community forums for September 3 and 4 to gather input on revising the ordinance.
• A new Dangerous Dog Ordinance is anticipated for presentation in November, with the county exploring a consultant to assess shelter operations.

Black Gold Cooperative Library System Anniversary

• Supervisor Farr presented a resolution celebrating the 50th anniversary of the Black Gold Cooperative Library System.
• The resolution noted the system serves three counties and provides access to over 1.2 million resources.
• The board approved the resolution unanimously.

FY 2014-15 General Fund Grants for Human Services Commission

• Supervisor Carvajal recused himself from the item due to a potential conflict of interest involving his spouse’s former employment.
• The board approved the award of fiscal year 2014-15 general fund grants.

CCWA Water Exchange Agreement

• Public Works explained that the Central Coast Water Agency entered an agreement to purchase supplemental water now and repay it over 10 years.
• The total cost is approximately $716,000, with an additional $473,000 for immediate access, tied to DWR delivery allocations.
• The board approved the item as part of the balance of the administrative agenda.

Long-Term Supplemental Water Supply Alternatives Report

• Supervisor Carvajal expressed support for the study, emphasizing the need for full participation from all water purveyors.
• Staff confirmed that an open public workshop will be held and that the report is due by December 2015.
• The board approved the agreement with RMC Water & Environment to develop the report.

St. Niz Band of Chumash Indians Proposed Hotel and Casino Expansion

• Staff identified significant potential impacts on aesthetics, air quality, traffic, water resources, and fire safety in the environmental evaluation.
• The Attorney General’s office issued a letter stating the environmental evaluation is deficient and recommending a comprehensive environmental document.
• The board directed staff to include all public comments and departmental letters in negotiations with the tribe under the Tribal State Compact.

Northern Branch Jail Operating Costs Grand Jury Response

• Staff recommended the board disagree with several findings, clarifying that jail funding relies on general fund contributions rather than specific property tax growth.
• Supervisor Adam requested a future discussion on the application of the 1% for Arts Ordinance to the jail project.
• The board approved the recommended response to the Grand Jury report.

Take-Home Vehicle Use Grand Jury Response

• Staff recommended adopting the response to the Grand Jury report, which found the county’s take-home vehicle policy is unclear and not uniformly enforced.
• Staff noted that GPS tracking technology is increasingly common, with estimated costs of $300 for installation and $20–$30 per month for monitoring.
• Supervisor Adam requested that staff bring back information on GPS implementation for future consideration.

Chapter 12A County Code Amendments

• Staff proposed revisions to streamline real property acquisition and disposition processes, including updating monetary limits and lease authorities.
• The board amended the proposal to limit departmental lease terms to five years with a monthly rent cap of $7,500.
• The board added language exempting impromptu public gatherings lasting 90 minutes or less from permit requirements at specific county locations.

Closed Session

• The board entered closed session to discuss the appointment of the Alcohol, Drug, and Mental Health Services Director.
• The meeting was adjourned following the closed session.

Opening and Roll Call

• The meeting was called to order by Chair George Alvarez. A roll call confirmed the presence of Supervisors Farr, Adam, Carvajal, Wolk, and Labanino. The Pledge of Allegiance was recited.

Approval of Minutes

• Motion: To approve the minutes of the August 19, 2014 meeting.
• Action: Moved and seconded.
• Vote Outcome: Passed unanimously.

Public Comment

• Seven speakers addressed the board regarding various topics, including the dangerous dog ordinance, agricultural updates, the City of Guadalupe, and public health concerns.
• Shirley Jansen presented a petition with 1,693 signatures requesting changes to the dangerous dog law, citing California Food and Agricultural Code Section 31108B.
• Jenny Rainish requested a review of the dangerous dog law to allow exceptions for non-dangerous dogs.
• Mary Bianchi (UC Cooperative Extension) provided a quarterly update on agricultural research, water needs, pest management, and community outreach.
• George Alvarez (as a public speaker) discussed issues in the City of Guadalupe, including allegations regarding the Lantern Hotel addition and redevelopment funds, and expressed support for disincorporation initiatives. Supervisor Farr noted staff were following the situation and suggested the CEO’s office provide a report on the disincorporation process.
• William Wagner requested the appointment of a special prosecutor to review allegations of evidence fabrication in a past criminal case.
• Jeff Bard supported a review of the dangerous dog law with an emphasis on bite prevention and discussed public health concerns in jails and warming centers.
• Dr. Robert L. Johns made statements regarding specific individuals and stated he would write to the Attorney General.

Discussion on Dangerous Dog Ordinance

• Supervisor Carvajal requested an update on the process for modifying the dangerous dog ordinance and the status of euthanasia cases for dogs named Duke and Daisy.
• County Counsel (William Wagoner) clarified that the current ordinance is consistent with state law. He noted that a Superior Court judgment issued on August 20 ordered the humane destruction of Duke and Daisy following an administrative hearing. The judgment is final for the parties but does not preclude the board from amending the ordinance in the future.
• Dr. Wada (Public Health/Animal Services) announced community forums scheduled for September 3 and 4 to gather input on revising the ordinance. The county is exploring engaging a consultant to assess shelter operations. A new Dangerous Dog Ordinance is anticipated for presentation in November.

Administrative Agenda

Item A1: Resolution Celebrating the 50th Anniversary of the Black Gold Cooperative Library System

• Discussion: Supervisor Farr presented a resolution celebrating the 50th anniversary of the Black Gold Cooperative Library System. Maureen Theobald (Executive Director of Black Gold) and Mary Housel (Director of Santa Maria Library District) were introduced. The resolution noted the system serves three counties and provides access to over 1.2 million resources.
• Motion: To approve the resolution.
• Vote Outcome: Passed unanimously.

Item A10: FY 2014-15 General Fund Grants for Human Services Commission

• Recusal: Supervisor Carvajal recused himself from this item due to a potential conflict of interest involving his spouse’s former employment.
• Motion: To approve the award of fiscal year 2014-15 general fund grants.
• Vote Outcome: Passed 4-0.

Item A14: CCWA Water Exchange Agreement

• Public Comment: Mary Housel thanked the board for the anniversary recognition and noted a 6.3% increase in the Santa Maria library operations budget while the overall county allocation remained static. She requested a cost-of-living adjustment for library staff in future budgets.
• Discussion: Supervisor Farr pulled the item to discuss drought-related costs. Mr. Farrum (Public Works) explained that the Central Coast Water Agency (CCWA) entered into an exchange agreement to purchase supplemental water now and repay it over 10 years. The total cost is approximately $716,000, with an additional cost of about $473,000 for immediate access. Repayment is tied to DWR delivery allocations, beginning when allocations reach 40%. All parties involved filed notices of exemption under CEQA.
• Questions: Supervisor Adam requested that future reports include total water delivered, total costs, and cost per acre-foot. Supervisor Farr asked for clarification on CEQA exemptions, which were confirmed as filed by all entities.
• Motion: To approve the item.
• Vote Outcome: Passed unanimously (as part of the balance of the agenda).

Item A15: Long-Term Supplemental Water Supply Alternatives Report

• Discussion: Supervisor Carvajal pulled the item to express support for the study, noting its timeliness given the drought and potential state bond opportunities. She emphasized the need for all water purveyors to participate fully.
• Public Comment: Charles Hamilton (General Manager, Carpinteria Valley Water District) supported the report, stating it would enable informed regional planning for water supplies and infrastructure.
• Questions: Supervisor Adam asked if agricultural representation would be included; Mr. Farrum confirmed an open public workshop would be held. Supervisor Wolf asked about the timeline, confirming the report is due by December 2015, and asked about purveyor buy-in; Mr. Farrum stated that many purveyors have already assisted in the proposal review and anticipated full participation.
• Motion: To approve the agreement with RMC Water & Environment to develop the report.
• Vote Outcome: Passed unanimously (as part of the balance of the agenda).

Balance of Administrative Agenda

• Motion: To approve the balance of the Administrative Agenda (including items A14 and A15).
• Vote Outcome: Passed unanimously.

Item 1: St. Niz Band of Chumash Indians Proposed Hotel and Casino Expansion Project Update

• Presentation: Mr. Buzanich presented the environmental evaluation (EE) for the proposed expansion, which includes 215 new hotel rooms, a 12-story tower, 584 parking spaces, and 150,000 square feet of casino space. The evaluation identified potentially significant impacts on aesthetics, air quality, biological resources, water resources, noise, traffic, and public services.
• Staff Findings and County Comments:
• Noise: Potential impacts from a rooftop pool affecting sensitive receptors across the highway.
• Traffic: Lack of analysis for special event traffic; need to realign Cuesta or Casino streets at State Route 246; and establishment of fair-share MOUs with the county, the tribe, and Caltrans.
• Air Quality: Staff noted the EE claimed no additional mitigation was required, but the tribe’s consultant stated operational criteria pollutants exceed the county threshold without proposed mitigation. The project’s scale was noted as not envisioned in the Santa Barbara County Clean Air Plan.
• Land Use and Aesthetics: Staff recommended an FAA permit review if the crane exceeds 60 feet and a review by the Airport Land Use Commission. Staff found the EE’s reliance on tinted windows and blackout curtains inadequate for a 12-story tower and recommended rewriting the visual light glare impact analysis.
• Public Services and Fire Safety: Staff identified gaps in fire safety planning, including the need for a full access agreement with the Fire Protection District, a 26-foot wide access road for aerial equipment, additional personnel (including a 100-foot ladder truck, 12 FTEs, paramedic support, and six sheriff’s deputies), and compliance with local and state fire codes.
• Water Resources: Staff highlighted that the Upper Basin is in overdraft and recommended a cumulative impact analysis including the Camp 4 project.
• Fire Protection: Concerns regarding building access and height relative to current equipment and staffing.
• Planning: Concerns regarding unsubstantiated impact conclusions and land use plan application.
• Public Works: Recommended studies on creek overflows and traffic levels of service.
• Sheriff: Concerns regarding the loss of special distribution fund payments.
• Specific Issues Discussed:
• Water Resources: Staff requested a flood map for the reservation, a hydrological study of San Dakota Creek, and more specific details on water recycling levels.
• Hazards: The Fire Protection District requested a full access agreement with the tribe.
• Airport Height Discrepancy: Supervisor Farr raised a concern regarding a letter from the San Ynez Airport Authority noting a discrepancy in the reported height of the tower (136 feet vs. 150 feet) and potential FAA hazard determinations. Mr. Buzanich indicated that airport impacts are addressed in Section 3.7 of the environmental evaluation.
• Law Enforcement and Existing Impacts: Supervisor Wolf inquired about the sheriff’s negotiations regarding additional deputies. The Sheriff clarified that current negotiations pertain to the existing reservation and casino, not the new expansion. He stated that one additional full-time deputy assigned to the reservation would likely be sufficient for the new project’s increased population, noting that the sheriff’s office is currently understaffed. Supervisor Farr emphasized the need to distinguish between existing deficits in law enforcement resources and new impacts from the expansion.
• Procedural and Legal Context: CEO Miyasato and County Counsel William Wagoner explained that the project is governed by the 1999 Tribal State Compact. The tribe is required to make good-faith efforts to mitigate significant adverse off-reservation impacts. The county’s role is to consult and request mitigations. The Attorney General’s office issued a letter stating the EE is deficient, citing inadequate consideration of visual impacts, water usage, and alternatives, and recommending a comprehensive environmental document comparable to an Environmental Impact Statement (EIS). CEO Miyasato recommended proceeding with discussions with the tribe this week rather than waiting for a potential state-mandated EIS, noting that the compact does not legally require a mitigation agreement but encourages good-faith negotiation.
• Public Comment:
• 1. Dr. Robert Johns: Expressed strong support for the project, arguing that opposition is driven by external groups and that the tribe is a responsible employer. 2. Chris Dahlstrom (San Ynez River Water Conservation District/ID 1): Stated that ID 1 has not authorized staff to review the EE due to timing issues. He noted that a drought declaration and Chromium 6 regulations have suspended new water service issuance. He clarified that the tribe has not applied for water service and ID 1 has not committed to supply. 3. Sheridan Force: Expressed concern over the project’s scale and history of unmet promises regarding size. She argued that mitigation is not a sufficient solution for such large-scale growth and urged the board to protect the valley’s character. 4. Jerry Shepard: Supported the critique that the EE is inadequate and suggested the project might be a "red herring" to trade for development on other tribal lands. He urged the board to represent the entire community. 5. Andy Caldwell (CoLab): Advocated for establishing a government-to-government relationship with the tribe to facilitate negotiation and mitigation, arguing that the current adversarial approach is ineffective. 6. Doug Hertel: Emphasized the importance of the Governor’s and Attorney General’s letters and called for transparency in any negotiations with the tribe. 7. Susan Jordan (California Coastal Protection Network): Focused on water supply issues, noting the basin is in overdraft. She challenged the EE’s assertion of tribal rights to groundwater, citing legal precedents and the Hastings Law Review, and urged a cumulative impact analysis on groundwater. 8. Lanny Evenstein: Expressed strong opposition to the 12-story hotel, comparing its bulk to six county administration buildings. He argued the project is inconsistent with the county’s character and urged the board to oppose it.
• Board Discussion: Supervisor Farr stated that the project’s size and impacts would be concerning regardless of the applicant, but the lack of local land use review exacerbates the issues. She supported all staff comments and the inclusion of letters from the Airport Authority and the Governor’s office. Supervisor Wolf asked for clarification on water sourcing options (ID 1 vs. tribal wells) and suggested mitigations for air quality, traffic, and law enforcement. Supervisor Carvajal reiterated the need for government-to-government dialogue. Supervisor Wolf and CEO Miyasato agreed to proceed with consultations with the tribe based on the board’s direction, with the understanding that if the state requires a broader environmental review, the board would have the opportunity to review that as well.
• Motion: Supervisor Farr moved that staff include in their comments and negotiations with the tribe all comments received during the hearing, as well as letters from county departments, the Santa Ynez Valley Airport Authority, and the Governor’s office. The motion was seconded.
• Vote Outcome: Passed unanimously.

Agenda Item: Staff’s Recommended Response to the Santa Barbara County Grand Jury’s Report on the Northern Branch Jail Operating Costs

• Discussion: Staff presented the recommended response to the June 9, 2014, Grand Jury report regarding the funding plan for the Northern Branch Jail’s operating costs. Staff clarified that the funding plan relies on general fund contributions rather than specific property tax growth estimates, noting that the required revenue growth to meet jail operating needs is approximately 0.6% to 0.7% of total general revenues, not the 3.5% property tax growth cited in the Grand Jury’s findings. Staff outlined their position on specific findings and recommendations:
• Findings: Staff recommended the Board disagree wholly with Findings 1A and 1C; partially disagree with Findings 1B, 2, and 3; and agree with Findings 4 and 5.
• Recommendations: Staff indicated that Recommendations 1, 2A, 3, and 4 have been implemented. Recommendation 5 is not yet implemented but will be. Recommendation 2B will not be implemented as it is deemed not warranted.
• Discussion focused on the trend of discretionary revenue growth, the impact of the jail funding on other county departments, and the role of the rainy day reserve as a financial backstop.
• Supervisor Adam added a request to discuss the application of the 1% for Arts Ordinance to the jail project, noting that applying the full 1% to the county’s share of the project would result in a significant cost. CEO Miyasato agreed to bring the 1% for Arts policy application back to the Board as a discussion item. Supervisor Adam also commented on the importance of broadening the tax base through project approvals.
• Motion: Supervisor Carvajal moved to approve the item. Supervisor Adam seconded the motion.
• Vote Outcome: Passed unanimously.

Agenda Item: Hearing to Consider Recommendations Regarding Response to the 2013-14 Grand Jury Report on Take-Home Vehicle Use

• Discussion: Staff presented the recommended response to the May 30, 2014, Grand Jury report titled "Santa Barbara County Take Home Vehicle Use: Clarify and Comply." The report found that the county’s take-home vehicle policy is unclear and not uniformly enforced. Staff recommended the Board adopt the responses in Attachment A, authorize the Chair to sign the response letter to the Presiding Judge of the Santa Barbara County Superior Court, and determine that the actions are not a project under CEQA. The Sheriff’s Office and Auditor-Controller have already submitted their respective responses.
• Discussion included questions about the destination of the Auditor-Controller’s audit report, the balance between reporting details and confidentiality for the Sheriff’s Department, and the potential implementation of GPS tracking in county vehicles. Staff noted that GPS technology is increasingly common, with costs estimated at approximately $300 for equipment and installation and $20–$30 per month for monitoring, offering benefits such as employee safety and fleet efficiency. Supervisor Adam requested that staff bring back information on GPS implementation for consideration.
• Motion: To adopt the response to the Grand Jury report.
• Vote Outcome: Passed unanimously.

Agenda Item: Public Hearing on Ordinance Amending Chapter 12A of the County Code

• Discussion: Staff from General Services and Public Works presented the first reading of proposed revisions to Chapter 12A, Articles 1 and 2, of the Santa Barbara County Code. The revisions aim to streamline real property acquisition and disposition processes by updating monetary limits to align with current California Government Code provisions and renewing expired authorizations. Key changes include:
• Article 1 (Use of County Property): Expanding exemptions for service animals to include horses and other canines used by enforcement personnel or assisting individuals with disabilities.
• Article 2 (Real Property Procedures): Updating lease and license authorities. Specifically, Section 12A-10 authorizes the Directors of General Services or Public Works to lease property for terms up to 10 years with monthly rent not exceeding $10,000. Section 12A-11 authorizes leases for county use for terms up to 5 years with rent not exceeding $7,500 per month.
• Animals: Supervisor Wolf asked about the authority of department heads to allow animals on premises. County Counsel suggested inserting language to clarify that the General Services Director or their designee may permit the presence of animals other than those assisting persons with disabilities.
• Public Speech/Rallies: Supervisor Wolf and Supervisor Carvajal discussed the need to allow for impromptu public gatherings and free speech. County Counsel proposed adding language to exempt political speech or rallies lasting less than one hour from permit requirements, with Supervisor Wolf suggesting a 90-minute limit. Supervisor Carvajal suggested adding a condition that such gatherings must not create a nuisance.
• Interdepartmental Consultation: Supervisor Farr raised concerns about the "may consult" language in Section 12A-4, suggesting it be changed to "shall consult" to ensure better coordination between departments. CEO Miyasato expressed concern that a mandatory "shall" could delay processes, and Supervisor Farr agreed to leave the language as "may" while requesting that the CEO ensure consultation occurs as a policy matter.
• Lease Terms: Supervisor Farr expressed concern that the proposed 10-year lease term in Section 12A-10 was too long for departmental authority. Staff clarified that the previous limit was 3 years/$2,500, and the state code now allows 10 years/$10,000. Supervisor Farr proposed a middle ground of 5 years/$7,500 to maintain consistency with Section 12A-11 (county use leases). Supervisor Adam and Supervisor Wolf supported the shorter term.
• Dependent Special Districts: Supervisor Farr asked for clarification on the definition of "dependent special districts" in Section 12A-7. County Counsel explained that these are districts where the Board of Supervisors is the governing body, such as the Flood Control District, but excluding entities like cemetery districts.
• Public Interest Determination: Supervisor Adam asked how "public interest" is determined for easement conveyances. County Counsel stated it generally means the action is not a gift of public funds.
• Staff Recommendation with Proposed Amendments (Sections 12A2, 12A3, and 12A10):
• Section 12A2: The final clause was amended to specify that signs permitting presence must be posted by the General Services Director or their designee.
• Section 12A3: A new sentence was inserted to clarify that no permit is required for impromptu gatherings lasting 90 minutes or less at specific locations: the west side of the Santa Barbara County Courthouse on Anapamu Street, the grounds of the County Administration Building in Santa Barbara, and the grounds of the County Administration Building in Santa Maria. The amendment noted that the county retains authority to prevent gatherings that become unsafe or present a public nuisance.
• Section 12A10: The term duration was changed from "not exceeding 10 years" to "not exceeding 5 years."
• Motion and Vote: A motion was made to adopt the staff recommendation with the above amendments. The motion was seconded. The item passed unanimously.
• Correction and Re-vote: Following the initial vote, a correction was identified regarding Section 12A10. The dollar amount associated with the 5-year term was clarified to be $7,500 (rather than $10,000) to maintain consistency with a later section. A motion was made to amend the text to reflect "5 years and $7,500." This amendment passed unanimously. The board noted this would be marked up for second reading.

Closed Session

• Item: Public Employee Appointment: Alcohol, Drug, and Mental Health Services Director.
• Action: The board entered closed session to discuss the appointment.
• Outcome: The meeting was adjourned.