Board of Supervisors — 2014-09-02September 2, 2014

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 2, 2014

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Meeting Summary

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At a glance

Administrative Agenda Changes

  • Item A4, a resolution for Childhood Cancer Awareness Month, was continued to the September 9 meeting.
  • Item A8, regarding County Code amendments, was withdrawn and will be redocketed later.

Resolutions and Proclamations

  • The board adopted resolutions honoring Firefighter Paramedic Debbie Lux and recognizing Adult Literacy Month.
  • Proclamations for National Recovery Month and Suicide Awareness Month were passed and adopted.
  • The board commended the Property Tax Implementation Team for their work on the integrated tax system.

Children’s Health Initiative

  • Item A17 was pulled for individual consideration and approved via roll call vote.

2014 Hazard Reduction Program

  • The Fire Department requested to withdraw this item from the agenda.
  • The board unanimously approved the withdrawal of the item.

Lifting of County-Wide Hiring Freeze

  • The County Executive Office requested lifting the freeze to improve recruitment in a better economy.
  • Staff confirmed that all requisitions are reviewed to ensure positions are fully funded.
  • The board unanimously approved the lifting of the hiring freeze.

Assisted Outpatient Treatment Services (Laura’s Law)

  • The board received a presentation on AB 1421, which allows for court-ordered outpatient treatment for mentally ill individuals.
  • Supervisors discussed the legal framework, resource allocation, and the requirement that existing services not be reduced.
  • The board directed the CEO’s office to assess feasibility and resource needs with a report due within six months.

Caltrans Arroyo Parida Bridge Appeal

  • Staff recommended denying the appeal to affirm previous denials by the Planning Commission and SBAR.
  • Caltrans argued the bridge is non-repairable and the design meets mandatory state safety standards.
  • The board unanimously denied the appeal, citing inconsistencies with local plans and rural character.

Closed Session

  • The board discussed the Schaefer v. County of Santa Barbara litigation with legal counsel.
  • The board considered the appointment of a public employee for the Agricultural Commissioner role.
  • No reportable action occurred regarding the litigation, and the employee appointment was deferred to open session.

Full summary

Roll Call and Pledge of Allegiance

  • The Chair called the meeting to order, conducted a roll call confirming the presence of all five supervisors, and the board recited the Pledge of Allegiance.

Approval of Minutes

  • A motion was made and seconded to approve the minutes of the August 26, 2014 meeting. The motion passed unanimously.

Public Comment Period

  • Gene Zanin (Quiama Valley Conservancy): Discussed the upcoming water study for the Quiama Valley, citing cross-jurisdictional issues, zoning restrictions, and absentee landowners. He suggested designating the area as a high-priority basin to trigger a five-year legislative timeline and recommended updating well data.
  • Dr. Robert Jones: Proposed an internship program for local college students to work with county staff. The Chair intervened to limit his speaking time after he made personal remarks regarding Supervisor Carbajal.
  • Supervisor Carbajal: Urged the Chair to censure Dr. Jones for defamatory comments and limit his future speaking time.
  • Michael Gorodewski (County Counsel): Clarified that while public speakers may criticize board actions, the board has the authority to restrict speech that becomes disturbing.

Administrative Agenda Changes

  • Item A4: Supervisor Adam’s resolution proclaiming September 2014 as Childhood Cancer Awareness Month was continued to the September 9, 2014 meeting in Santa Maria.
  • Item A8: A resolution from the County Executive Office regarding amendments to Chapter 12 of the County Code was withdrawn from the agenda and will be redocketed at a later date.

Approval of Administrative Agenda Items (A1–A6, excluding A4)

  • A motion was made and seconded to approve items A1 through A6, with the exception of A4. The motion passed unanimously.

Resolutions and Proclamations

  • Resolution Honoring Firefighter Paramedic Debbie Lux: Supervisor Farr introduced a resolution recognizing Firefighter Paramedic Debbie Lux for her life-saving actions on May 23, 2014. Fire Chief Mike Dyer expressed appreciation on behalf of the department. The resolution was previously adopted by the board and presented for recognition.
  • Item A1: Proclamation of September 2014 as Adult Literacy Month: Supervisor Carbajal introduced a resolution marking the 30th anniversary of California Library Literacy Services. Anne Wall Frank from the library system spoke about the volunteer-based tutoring program. The resolution was passed and adopted.
  • Item A2: Proclamation of September 2014 as National Recovery Month: Supervisor Carbajal introduced a resolution supporting recovery programs. Sharon Byrne, chair of the county advisory board on drug and alcohol problems, spoke about integrated mental health and substance abuse services. The resolution was passed and adopted.
  • Item A3: Proclamation of September 2014 as Suicide Awareness Month: Supervisor Wolf introduced a resolution citing suicide as the fifth leading cause of premature death in the county. Gina Carvalho and Anthony Rodriguez spoke about suicide prevention efforts and upcoming events. The resolution was passed and adopted.
  • Item A5: Employees of the Month Commendation: The Chair introduced a resolution commending the Property Tax Implementation Team from the Auditor-Controller and Treasurer-Tax Collector offices for implementing a large-scale integrated property tax system. The resolution was passed and adopted.

Public Comment on Agenda Items A2 and A14

  • Dr. Robert Jones: Expressed skepticism about cost savings claims regarding the new tax system and criticized the availability of beds and programs for individuals with substance abuse issues. He urged the board to investigate service availability.

Item A17: Children’s Health Initiative for Fiscal Year 2014-2015

  • The item was pulled for individual consideration. A motion was made and seconded to approve Item A17. A roll call vote was taken. The motion passed with a vote of 3 to 2.

Approval of Balance of Administrative Agenda

  • A motion was made and seconded to approve the balance of the administrative agenda. The motion passed unanimously.

Departmental Agenda

  • Item 1: 2014 Hazard Reduction Program (Fire Department):
  • The Fire Department requested to withdraw this item from the agenda. A motion was made and seconded to withdraw the item. The motion passed unanimously.
  • Item 2: Lifting of County-Wide Hiring Freeze (County Executive Office):
  • The County Executive Office requested the lifting of the hiring freeze implemented in December 2010, noting that the economy has improved and the freeze slows recruitment. Staff confirmed that requisitions are reviewed to ensure positions are funded. Dr. Robert Jones spoke regarding expectations for hiring practices. A motion was made and seconded to approve the lifting of the hiring freeze. The motion passed unanimously.
  • Item 3: Assisted Outpatient Treatment Services / Laura’s Law (Supervisor Farr and District Attorney):
  • Discussion: Supervisor Farr introduced "Laura’s Law" (AB 1421), which allows for Assisted Outpatient Treatment (AOT) for mentally ill individuals. District Attorney Joyce Dudley presented information from Nevada County, the first county to implement the law, noting decreases in psychiatric hospital days, incarceration days, and homeless days for participants.
  • Criteria and Process: Dudley outlined the nine criteria required for AOT, including being a county resident, age 18 or older, having a serious mental disorder, and a history of non-compliance. County Counsel clarified that mental health staff and County Counsel vet the criteria before a petition is filed with the court, where the burden of proof is "clear and convincing evidence."
  • Legal Framework: County Counsel explained the distinction between Laura’s Law, 5150 holds, and conservatorships. Laura’s Law applies to individuals who are substantially deteriorating but not yet at the level of exigency for inpatient care. Voluntary treatment must be offered first; if refused, a petition is filed with the Superior Court.
  • Current Services: The Deputy Director of Mental Health described the current Assertive Community Treatment (ACT) teams, which serve 300 consumers countywide. The county currently operates a "Laura’s Law Light" program extending outreach for 45 slots without the judicial mandate.
  • Resource Allocation: Supervisors raised concerns about finite mental health funds. County Counsel clarified the "anti-supplantation" provision (Welfare and Institutions Code Section 5349), which requires that implementing Laura’s Law must not reduce existing mental health services. Funding must come from additional sources.
  • Public Comment: Eleven public speakers addressed the Board. Several speakers supported implementation, citing personal experiences with family members with serious mental illness and the need for alternatives to incarceration and hospitalization. Others expressed concerns about the mental health department’s capacity, the potential diversion of funds from housing, and the impact on therapeutic alliances. Dr. Leslie Lunt, Medical Director of the PUF, addressed the need for alternatives to hospitalization and the potential impact on patient rapport.
  • Board Discussion: Supervisors discussed the complexity of mental health treatment, the limitations of 72-hour holds, and the need for a continuum of care. Supervisor Carbajal emphasized the importance of including stakeholders in the feasibility analysis.
  • Motion and Vote: Supervisor Farr moved to receive and file the presentation and direct the CEO’s office to work with affected departments, external partners, and stakeholders to assess the feasibility and resource needs for implementing Laura’s Law, with a report due within six months. Supervisor Wolff seconded the motion. The motion passed unanimously.
  • Item 4: Caltrans Arroyo Parida Bridge Appeal:
  • Staff Presentation: Anne Almey of the Planning and Development Department presented the appeal of the Caltrans proposal to replace the Arroyo Parida Bridge and its approaches on Highway 192. The project involves replacing the existing bridge, widening roadway approaches, raising the road profile, and installing a retaining wall. Staff recommended denying the appeal, affirming the denials by the South Board of Architectural Review (SBAR) and the County Planning Commission, and determining that the denial is exempt from CEQA.
  • Appellant Presentation: Amy Donatello, Caltrans Project Manager, stated that the bridge, built in 1921, is deteriorating and non-repairable. She explained that the design speed was reduced to 40 mph for safety, and that tree removal is primarily due to required fish passage and creek bed work. She emphasized that the shoulder width increase is a mandatory state standard for safety.
  • Public Comment: Several speakers opposed the project, citing its incompatibility with the rural character, the removal of native trees, and concerns about increased traffic speed and volume.
  • Rebuttal and Q&A: Donatello rebutted that the project would not increase speeding and that the vegetation would mature to blend with the surroundings. She clarified that the 4-foot shoulder is a standard safety requirement, not a designated bike path.
  • Board Discussion: Supervisor Carbajal stated that the proposed design is out of scale for the rural road and inconsistent with the Comprehensive Plan, Coastal Land Use Plan, and Toro Canyon Plan.
  • Motion and Vote: Supervisor Carbajal moved to deny the appeal and affirm the previous denials. The motion was seconded. The motion passed unanimously.

Closing Remarks

  • Supervisor Farr closed the meeting in honor of Bernice Dots, a constituent who passed away on August 19th.
  • The Chair delivered remarks in memory of Dolores Rose Greenwald, noting her career and local involvement.
  • Supervisor Carbone offered condolences to Yesenia DeCasal regarding the unexpected death of her son.

Closed Session Report

  • Michael Gorodewski presented the notice for closed session, listing two items: a conference with legal counsel regarding the litigation Schaefer v. County of Santa Barbara and a public employee appointment for the Agricultural Commissioner and Sealer of Weights and Measures. The Board moved to closed session.

Report from Closed Session

  • Upon returning to open session, Michael Gorodewski reported that no reportable action occurred regarding the Schaefer litigation. Regarding the public employee appointment, the Board directed that the reappointment of Kathy Fisher for a new four-year term as Agricultural Commissioner and Sealer of Weights and Measures be brought to open session later in the month.

Adjournment

  • The Chair adjourned the meeting, with the next session scheduled for September 9 in Santa Maria.