Board of Supervisors — 2016-09-13September 13, 2016

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 13, 2016

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Meeting Summary

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At a glance

Recognition of Olympian

  • A 2016 USA Olympian boxer addressed the board to express gratitude for the community’s welcome.
  • The speaker recounted their early history with boxing and acceptance into a local gym.
  • The board acknowledged the speaker and invited them to take a group photograph.

Child Welfare Services System Improvement Plan

  • Staff reported a downward trend in foster care numbers and progress toward federal goals for reunification and placement stability.
  • Supervisors discussed staffing vacancies and suggested appointing a liaison to the interagency child welfare group.
  • Staff outlined efforts to address commercially sexually exploited children and the implementation of AB 403 reforms.
  • A media campaign for resource family recruitment resulted in a 90% increase in non-related caregiver recruitment.

Air Support Unit / Fifth Pilot Position

  • Staff explained that adding a fifth pilot would allow the unit to fulfill mutual aid commitments and generate reimbursable revenue.
  • Supervisors expressed support for the position, noting its critical role in maintaining capability during vacancies or injuries.
  • The board received the report and recommendations regarding the unit's operations and budget.

Vander Meulen Appeal (4655 Song Lane)

  • The appellant argued the Notice of Determination was invalid and that recreational motorcycle riding was a permitted accessory use.
  • Neighbors and HOA representatives cited noise, dust, commercial activity, and safety concerns as adverse impacts.
  • Staff recommended denying the appeal, stating the use constitutes a sports facility requiring a conditional use permit.
  • The board voted to deny the appeal and affirm the Planning Commission’s decision.

Comprehensive Annual Financial Report (CAFR)

  • The Auditor-Controller presented the FY 2015-16 CAFR, which received an unmodified audit opinion.
  • The presentation highlighted a net financial position of $420 million and upcoming GASB 74 OPEB liability requirements.
  • The board received and filed the presentation, noting the county’s long-standing Certificates of Achievement.

Administrative Items

  • Item A6 regarding the Behavioral Wellness workforce contract was pulled from the agenda for further discussion.
  • Item A7 regarding the HUD comment letter was approved unanimously.
  • Item A10 regarding the Refugio Beach oil spill proclamation was passed unanimously.

Resolutions

  • Resolution A-26 recognizing Child Passenger Safety Week was passed and adopted.
  • Resolution A-27 recognizing National Recovery Month was passed and adopted.
  • Resolution A-28 commending Carlos Balderas was presented for adoption.

Closed Session

  • The board met in closed session to consider two anticipated litigation cases and one existing case.
  • Conferences were held with real property and labor negotiators regarding specific properties and bargaining units.
  • A public employee performance evaluation for the Director of Department of Behavioral Wellness was conducted.
  • No reportable actions were taken during the closed session.

Full summary

Agenda Item: Recognition of Olympian

  • Discussion: A 2016 USA Olympian boxer addressed the board to express gratitude for the community’s welcome following their return from the Olympics. The speaker recounted their early history with boxing, including a sparring match that led to their acceptance into a local gym.
  • Action: No motion was made. The board acknowledged the speaker and invited them to take a group photograph.

Agenda Item: Child Welfare Services System Improvement Plan and Updates

  • Discussion: Staff presented an overview of updated child welfare statistics, noting a downward trend in the number of children in foster care and a decrease in group home placements. The presentation covered the California Outcome and Accountability System, the county’s self-assessment process, and the peer quality case review. Staff detailed three focus areas of the System Improvement Plan:
  • 1. No Recurrence of Maltreatment: The county is approaching the federal goal of 94.6% of children not suffering repeat substantiated maltreatment within six months. 2. Reunification within 12 Months: Staff noted significant progress, attributing delays primarily to chronic parental issues such as substance abuse and mental illness. Strategies include increased visit frequency, enhanced family reunification services, and the expansion of the Family Drug Treatment Court to South County. 3. Placement Stability: The county is making progress toward the federal goal of 41.8% of children having two or fewer placements in 12 months. Staff clarified that positive placement moves, such as moving from a group home to a resource family, are counted as negative moves in this statistic.
  • Supervisor Comments:
  • One supervisor requested context for the performance goals, asking how the county compares to other jurisdictions and requesting information on the rate of enhancement for future goals.
  • Another supervisor discussed staffing challenges, noting that position vacancies are a persistent issue, and suggested the board consider appointing a liaison to the interagency group focused on child welfare to raise the urgency of these issues.
  • A supervisor suggested that future annual reports include an update on the progress made regarding recommendations from the Child Welfare Safety Net Task Force.
  • A supervisor mentioned a recent email regarding a federal bill before Congress that would enhance funding and services for children in foster care, suggesting the board track this legislation.
  • Additional Updates:
  • Commercially Sexually Exploited Children: Staff reported on efforts to address this population, including joining the DA’s Human Trafficking Task Force, establishing a Commercially Sexually Exploited Children’s Committee, and finalizing an interagency protocol.
  • Continuum of Care Reform (AB 403): Staff outlined the implementation of reforms designed to improve outcomes by increasing home-based family care and expanding child and family teams. The department launched a media campaign for resource family recruitment, resulting in a 90% increase in non-related caregiver recruitment in the first six months of the year compared to the previous calendar year. Staff noted that 32 youth currently reside in group homes, with approximately 20 eligible to return to the community if skilled resource families are available.
  • Action: No specific motion to approve or deny the report was recorded in this segment; the discussion focused on information sharing and future recommendations.

Agenda Item: Air Support Unit / Fifth Pilot Position

  • Discussion: Staff provided a rundown of fire missions and the capabilities of the air support unit, including water dropping (using fixed tanks and Bambi buckets), rescue standby, fire mapping, reconnaissance, crew deployment, technical rescue, and water rescue. Staff explained that the addition of a fifth pilot would allow the unit to fulfill mutual aid commitments more frequently and generate reimbursable revenue.
  • Supervisor Comments:
  • One supervisor expressed support for the fifth pilot position, noting its critical role in maintaining full capability during vacancies, training, or injuries.
  • Another supervisor thanked the subcommittee and public safety departments for their collaboration and high level of service.
  • Action: No vote outcome is recorded in this segment.

Agenda Item: Notice of Determination (NOD) Regarding Motorcycle Use on Residential Property (Vandermeulen Property)

  • Discussion:
  • Appellant’s Representative (Richard Adam): Argued that the NOD issued by the Planning and Development Director was invalid because it effectively amended the Land Use Development Code (LUDC) without going through the required public process. The representative stated that prior written determinations by Planning and Development had explicitly allowed recreational motorcycle riding as an accessory use. The representative argued that the current prohibition is vague and ambiguous because it does not define what levels of riding constitute an "adverse effect" on neighbors. The representative requested that the board order staff, the property owner, and neighbors to meet to establish reasonable parameters (e.g., decibel levels, time of day) for acceptable use.
  • Neighbor (Larry Elmo): Stated that the noise from motorcycle riding is loud and disruptive, particularly on Sunday afternoons, affecting the ability to hold gatherings and relax. The neighbor questioned the zoning classification of the property and expressed concern that the activity could lower property values.
  • Neighbor (Robert Martinez): Representing the West Trails HOA, stated that the activity has been ongoing since January 2015 and involves commercial aspects, such as charging fees for riding. The speaker described the site as a racetrack facility with grading, water trucks, and spectators, noting that the noise, dust, and fumes are nuisances. The speaker also raised safety concerns regarding the lack of medical equipment, restrooms, and fire safety measures, and noted that the noise stresses livestock kept by local 4-H participants.
  • Neighbor (Greg Lees): Stated that the property is operated as a speedway motorcycle practice track, promoted online with a fee structure. The speaker cited decibel levels of up to 120 dB, compared the noise to a jackhammer, and argued that the facility lacks required zoning, permits, insurance, and safety infrastructure.
  • Action: No motion, vote, or decision is recorded in this segment. The discussion consisted of public comment and legal arguments regarding the validity of the NOD and the definition of acceptable use.

Agenda Item: Comprehensive Annual Financial Report (CAFR) Presentation

  • Discussion: The Auditor-Controller presented the CAFR for fiscal year 2015-16, noting it received an unmodified ("clean") audit opinion from Brown Armstrong Accountancy Corporation. The presentation covered the dual-purpose financial statements (government-wide long-term focus and fund-based near-term focus), highlighting a net financial position of $420 million. Key components included net investment in capital assets, restricted net position ($246 million), and unrestricted net position ($509 million, reflecting OPEB and pension liabilities).
  • Financial Details: The presentation detailed upcoming GASB 74 requirements regarding Other Post-Employment Benefits (OPEB), estimating an additional liability booking of approximately $30 million to $70 million. It also noted a prior period adjustment regarding First 5 governance and a subsequent event involving the Tejiguas Resource Recovery Project. The county received Certificates of Achievement for both the CAFR (25 years) and Financial Highlights (21 years).
  • Q&A: Questions addressed the change in housing data measurement from price to value, the status of the SBCERS actuarial report, and the distinction between short-term operational capacity and long-term net position.
  • Action: The board received and filed the presentation.

Agenda Item: Department of Social Services Child Welfare Update

  • Discussion: The Department of Social Services presented an annual update on child welfare performance, outcomes, and challenges, referencing the Child Welfare Safety Net Task Force report. The presentation covered substance abuse and mental health issues affecting reunification, as well as staffing challenges. The department noted that it has not had all social worker positions filled simultaneously in over three years, limiting the ability to determine additional resource needs.
  • Q&A: Supervisors discussed the balance between reunification timelines, placement stability, and the psychological impact on children. Questions were raised regarding the Family Drug Treatment Court’s capacity and success rates. The department stated that current efforts focus on identifying appropriate families for the court program rather than expanding capacity.
  • Action: No specific motion was recorded in this segment; the item appears to be informational.

Agenda Item: Public Comment and Miscellaneous Remarks

  • Public Comment (Richard Justice): A resident expressed concerns regarding noise and frequency of motorcycle activity at a nearby property, contradicting previous statements about the frequency of use. He provided a video recording of the activity.
  • Public Comment (Sharon Conley): A neighbor of the property in question commented on the noise and dust from motocross vehicles, suggesting decibel limits should be enforced.
  • Public Comment (Margie Halsall): The owner of adjacent care homes for elders with memory loss described the adverse impact of motocross noise on residents, distinguishing the noise from standard motorcycles and citing specific incidents of distress among residents.
  • Supervisor Remarks: Supervisor Lavagnino recognized employees honored at the Elks Lodge Law Enforcement Appreciation Dinner and acknowledged a boxer’s contribution to Allan Hancock College. He also commented on the Air Support Unit, describing it as the county’s "insurance policy" for backcountry fires and search-and-rescue operations.

Agenda Item: Vander Meulen Appeal of Planning Commission’s Modification of a Director’s Determination

  • Property: 4655 Song Lane, Orcutt (7.28 acres, Zone 3E1).
  • Background: Complaints were filed in 2015 regarding an unpermitted racetrack, noise, dust, and odor. In January 2016, the Planning and Development Director issued a Determination of Unpermitted Use, stating that recreational use of motorized vehicles is not a permitted accessory use in residential zones and requires a conditional use permit. The Planning Commission affirmed this determination in June 2016, adding language that such use is not permitted where it adversely affects other properties. The applicant appealed to the Board of Supervisors in July 2016.
  • Staff Presentation: Staff presented the appeal issues, noting that the appellant argued the Director’s decision was an amendment rather than an interpretation, that no sports facility existed, that the ordinance was vague, and that vested rights existed. Staff countered that the LUDC vests interpretation authority in the Director, the track meets the definition of a sports facility, the use adversely affects neighbors (noise, dust), and the activity was not legal non-conforming use. Staff recommended denying the appeal.
  • Public Comment: Residents Richard Justice, Sharon Conley, and Margie Halsall spoke in support of denying the appeal, citing noise, dust, and impact on neighboring properties and care home residents.
  • Motion: Supervisor Lavagnino moved to deny the appeal, affirm the Planning Commission’s decision to modify the Director’s determination, and determine the action is exempt from CEQA.
  • Second: The motion was seconded (specifically by Supervisor Lavagnino after five years of service, though the transcript indicates "after five years I will second" in a different context, likely referring to the ASU item; however, in the context of the appeal, the motion was made and seconded). Correction based on transcript flow: The transcript shows Supervisor Lavagnino making the motion to deny the appeal. The second is not explicitly named in the immediate following lines, but the vote proceeds.
  • Vote Outcome: The motion to deny the appeal and affirm the Planning Commission’s decision passed.

Agenda Item: Sheriff Fire Air Support Unit (ASU) Update and Recommendations

  • Discussion: The Sheriff’s Office and Fire Department presented an update on the ASU, including a video of operations. The presentation outlined the history of the unit, from separate acquisitions in the 1990s to the 2011 formation of an Ad Hoc Subcommittee.
  • Recommendations:
  • Add a fifth pilot focused on fire/rescue/EMS with mutual aid availability.
  • Move one mechanic to the Fire Department to focus on fire/rescue ship maintenance.
  • Establish a committed fund balance for maintenance costs (split 60% Sheriff / 40% Fire).
  • Implement a safety management system and increased training (including Bell flight safety training in Texas).
  • Designate the Fire Battalion Chief as second-in-command and Safety Officer.
  • Adopt a new uniform for ASU members.
  • Disband the Ad Hoc Subcommittee on Public Safety Aviation.
  • Budget: A budget revision of $291,000 was proposed, primarily for salaries and benefits, offset by anticipated mutual aid reimbursements and reduced fuel/maintenance costs.
  • Q&A: Questions addressed the source of funds for the budget increase (mutual aid reimbursements) and the reduction in fuel costs.
  • Action: The board received the report and recommendations. The Ad Hoc Subcommittee was noted to be disbanded following this report.

Agenda Item: Closed Session Report

  • Discussion: The Chair reported that the board met in closed session to consider:
  • Two potential cases of anticipated litigation.
  • One existing litigation case (Polly Rich Properties, zipline land-use project).
  • Conference with real property negotiators concerning an affordable unit at 154 Cali Drive, Goleta.
  • Conference with labor negotiators for all bargaining units.
  • Public employee performance evaluation for the Director of Department of Behavioral Wellness.
  • Outcome: No reportable actions were taken.

Agenda Item: Public Comment (Property Line Fence and Los Alamos Community Plan)

  • Public Comment (Unidentified Speaker 14): A resident requested help with a property line fence on Winter and Drake in Orcutt, citing large pine tree roots and road/ice plant encroachment. They also raised concerns about new signage and lighting in Los Alamos not conforming to the 2007 Bell Street Community Plan’s Western style guidelines.
  • Staff Response: Risk Management offered to reach out to the speaker to describe the administrative claim process. The board noted that the Los Alamos Community Plan is a suggestion and that the issue could be directed to Supervisor Farr or LOPAC.

Agenda Item: Grant Management (Santa Barbara)

  • Discussion: A grant manager discussed a grant ending soon, noting that the county does not plan to renew it. The county’s role is to contract with an organization (Events) to manage the conference, reducing the county’s burden. The county explored releasing the remaining grant funds but found no other counties interested in taking over administration.
  • Action: The board was asked for direction on whether to pursue releasing the grant funds back to the state entity. No immediate vote was recorded in this segment.

Agenda Item: Transitional Age Youth and Sexual Exploitation Report

  • Discussion: A board member commented on the vulnerability of youth aged 15–18 to sexual exploitation and the importance of support services upon reaching age 18 to prevent "aging out" of the system. The member also noted the effectiveness of a new branding and media campaign for family recruitment.
  • Action: No motion was taken; the item was treated as a report/comment.

Agenda Item: Financial Highlights Report (Auditor/Controller)

  • Discussion: A board member questioned the substantial decrease in fleet maintenance and fuel costs, specifically regarding helicopter maintenance, asking if it was solely due to lower fuel prices or other factors. The member requested assurance that the budget remains robust enough to handle future maintenance needs without scrambling for funds.
  • Action: No motion was taken in this segment; questions were directed to staff.

Agenda Item: Ad Hoc Committee Disbandment

  • Discussion: A board member confirmed that the ad hoc committee members agreed to disband the committee upon the completion of the current process. The member asked if this disbandment needed to be explicitly stated in the recommended actions or if it was sufficient to have it in the record.
  • Action: No specific vote outcome is recorded in this transcript segment for this specific sub-point, but it was part of the deliberation leading to the final motion on the related item (see below).

Agenda Item: Land Use Planning Appeal (Case No. 16 APL 18 / 4655 Song Lane)

  • Procedure: The board followed the standard protocol: ex parte communication check, staff presentation, appellant presentation, public comment, appellant rebuttal, staff final comments, and board deliberation.
  • Ex Parte: Supervisors Lavagnino and Wolfe reported no additional ex parte communications.
  • Staff Presentation: Staff presented the case details.
  • Appellant Presentation: The appellant (represented by Mr. Adam) spoke for up to 25 minutes.
  • Board Questions: Supervisors questioned the appellant about changes in property usage around 2013, specifically regarding the construction of a large oval track and the frequency/intensity of motorcycle activity.
  • Public Comment: Several members of the public spoke, including Robert Martinez (10 minutes) and others (3 minutes each). Speakers cited noise, dust, smell, traffic on private easements, lack of facilities, and commercial aspects (charging money, online advertising) as adverse impacts. One speaker described a horse injury caused by the noise. Another speaker described the noise as unbearable and a fire hazard.
  • Appellant Rebuttal: The appellant (John Vander Meulen) stated he had ridden motorcycles on the property for 15 years, denied holding events 3-4 times a month (stating it was roughly once a month for four hours), and argued the Director’s Notice of Determination (NOD) was vague and ambiguous. He requested the appeal be upheld.
  • Staff Final Comments: Staff provided no additional comments.
  • Deliberation:
  • Supervisor Lavagnino noted that while sporadic activity might be acceptable, the increased frequency and intensity had become unacceptable to neighbors, citing noise, dust, smell, traffic, and commercial activity without a permit.
  • Supervisor Wolf concurred, stating the activity had crossed a threshold of unreasonableness and prevented the reasonable enjoyment of neighboring properties.
  • Supervisor Carbajal expressed shock that the activity occurred in a residential zone and supported the Planning Commission’s findings, describing it as a misuse of zoning rules.
  • Motion: A motion was made to deny the appeal (implied by the context of "Motion carries" following the negative deliberations, though the specific wording of the motion to deny is not explicitly transcribed as "move to deny," the outcome is clear).
  • Vote: The motion was seconded. All in favor said "Aye." No opposition was recorded.
  • Outcome: Motion Carries (Appeal Denied).

Agenda Item: Administrative Items (A6, A7, A10)

  • Item A6 (Behavioral Wellness - Workforce Education/Training Contract):
  • Discussion: Supervisor Carbajal pulled this item. He questioned the appropriateness of the county taking the lead in the 1010 agency partnership given current departmental performance. He suggested reviewing the county's role as administrator.
  • Action: The item was pulled from the agenda for further discussion. No vote was taken.
  • Item A7 (Community Services - HUD Comment Letter):
  • Discussion: Brief discussion regarding the contract and potential future discussions on participation levels.
  • Action: The item was approved.
  • Vote: Passed unanimously.
  • Item A10 (County Executive Office - Refugio Beach Oil Spill Proclamation):
  • Discussion: No significant discussion recorded.
  • Action: Motion made and seconded.
  • Vote: Passed unanimously.

Agenda Item: Resolutions (A-26, A-27, A-28)

  • Resolution A-26 (Child Passenger Safety Week):
  • Discussion: Sponsored by Supervisor Lavagnino. Teresa Rodriguez Jones and Danny Marr spoke. Statistics on car seat misuse and fatality reduction were presented.
  • Action: Resolution read into the record.
  • Outcome: Passed and Adopted.
  • Resolution A-27 (National Recovery Month):
  • Discussion: Sponsored by Supervisors Carbajal and Lavagnino. Matt Hamlin and Donna Flores spoke. Theme: "Join the Voices for Recovery."
  • Action: Resolution read into the record.
  • Outcome: Passed and Adopted.
  • Resolution A-28 (Commendation for Carlos Balderas):
  • Discussion: Sponsored by Supervisor Lavagnino. Carlos Balderas, a 2016