Board of Supervisors — 2017-06-20June 20, 2017

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 June 20, 2017

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Meeting Summary

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At a glance

CREF Grant Applications and 2017 Awards Allocation

  • Staff proposed funding eight of fourteen proposals, including acquisitions for Carpinteria Bluffs and Matilda Drive.
  • The board approved the awards with modifications, such as reducing the Santa Claus Lane engineering allocation.
  • Funds were reallocated to support marine-themed interpretive signs and other recommended projects.
  • Staff recommended extending the 2016 award to the Trust for Public Land until June 2019.

Laguna County Sanitation District Rate Setting

  • Staff presented a proposed 1.9% CPI-based increase and a 2% Proposition 13 tax for approximately 12,000 customers.
  • The proposed rate for a single-family residential unit is $981.99 per year, an increase of $18.31.
  • Public comment raised concerns about compounding increases since 2010 and the necessity of borrowing.
  • The board approved the ordinance for service charges, connection fees, and trunk line fees.

Housing Element Implementation (Program 2.8)

  • Staff proposed zoning amendments to permit transitional and supportive housing in accordance with state law.
  • The amendments would regulate these housing types identically to other dwellings of the same type.
  • Discussion focused on the lack of proactive oversight and potential for abuse, with monitoring planned through enforcement actions.
  • The board adopted the proposed amendments to the relevant land use and development codes.

Behavioral Wellness – Mental Health Agreements

  • The board considered amendments to mental health agreements for fiscal year 2016-17.
  • Discussion included questions regarding the labeling of funds moved to mental health capital.
  • The board approved the item.

Behavioral Wellness – Mental Health Services Act Plan

  • The board considered the Mental Health Services Act three-year plan for fiscal years 2017 through 2020.
  • The board approved the item.

County Executive Office – AB 1472 Advocacy Position

  • The board considered a proposed advocacy position of support for AB 1472.
  • The bill relates to state lands commission oil, gas, and mineral leases.
  • The board approved the item.

County Executive Office – Budget Revision

  • The board considered an approved budget revision request.
  • The board approved the item.

Planning and Development – Cannabis Land Use Ordinance

  • The board considered recommendations regarding the cannabis land use ordinance project amendment.
  • The board approved the item.

Public Works – Tahecus Landfill Reconfiguration

  • The board considered recommendations regarding the Tahecus Landfill Reconfiguration Barone Ranch Restoration Project.
  • The board approved the item.
No decision 0–0

Planning and Development – Rancho La Laguna Appeal

  • The board held a hearing on the appeal regarding the denial of the Rancho La Laguna track map.
  • Applicants requested a continuance to August 29, citing due process concerns and hearing location convenience.
  • The board set the hearing for July 11, with the understanding it may be continued to August 29 with consent.

General Services – Northern Branch Jail Project

  • The board considered a report on the construction phase of the Northern Branch Jail Project.
  • The board approved the item.

Sheriff – Cash Donation

  • The board considered a $100,000 cash donation to the Sheriff's Office Coastal Patrol Bureau.
  • Public comment raised concerns about donation policies and potential quid pro quo arrangements.
  • The Sheriff’s Office stated the funds would be restricted to refurbishing the Coastal Patrol Station.
  • The board accepted the donation.

County Executive Office – Dunn School Bonds

  • The board considered financing for tax-exempt private activity bonds on behalf of the Dunn School.
  • The $8 million financing would be used for educational facilities, including a student center in Los Olivos.
  • The board approved the issuance of tax-exempt debt and the CEQA findings.

Casa Pacifica Contract

  • The board discussed the Casa Pacifica contract.
  • The board approved the item.

Administrative Items (Balance)

  • The board addressed the remainder of the administrative agenda items.
  • The board approved the balance of the administrative agenda items.

Mental Health Services Act / Budget Revision

  • The board discussed a budget revision request related to the Mental Health Services Act three-year plan.
  • Discussion included requests for further substantive discussion on services for children and fund allocation.
  • The board approved the item as part of the consent agenda.

Environmental Review Contract (Cannabis/Cultivation)

  • The board discussed a contract for environmental review related to cannabis cultivation.
  • Staff explained the contract allows background work to begin while a stable project description is developed.
  • The board approved the contract.

Subdivision Map Act Appeal Hearing Date

  • The board discussed the scheduling of a hearing for an appeal related to the Subdivision Map Act.
  • Staff recommended setting the hearing for July 11, with the option to continue to August 29.
  • The board set the hearing for July 11, with the understanding it may be continued with consent.

Limited Purpose Donations

  • The board discussed the acceptance of limited purpose donations.
  • Staff confirmed that accepting such donations is a standard practice.
  • The board accepted the donations.

Cooperative Housing Model

  • A public speaker presented on the cooperative housing model.
  • Discussion included questions regarding the financial model, debt consolidation, and housing stock growth.
  • The board approved the item.

Project Funding (Item 2)

  • A public speaker presented on a project.
  • The board approved the item.

Project Funding (Item 3)

  • A public speaker presented on a project.
  • The board approved the item.

Transitional and Supportive Housing Ordinance

  • The board discussed an ordinance regarding transitional and supportive housing.
  • Staff explained the intent to treat these uses similarly to other residential uses.
  • Discussion included concerns about oversight and potential for abuse.
  • The board approved the ordinance.

CREF Grants (Additional Deliberation)

  • The board deliberated on CREF grant allocations, including fish passage restoration projects.
  • The board approved funding for the Carpinteria Bluffs and Matilda Drive acquisitions.
  • The board accepted remaining staff recommendations with modifications to specific project allocations.

TEFRA Hearings: Santa Barbara Student Housing

  • Staff explained that TEFRA hearings are required for revenue bonds financing tax-exempt charitable corporations.
  • The $6 million financing would purchase property for 11 graduate students and fund capital repairs.
  • The board approved the issuance of tax-exempt debt and the CEQA findings.

Budget Revision Request: Agnes Street Property Purchase

  • The board discussed using general fund monies to purchase the Agnes Street property for a crisis residential treatment program.
  • Discussion included concerns about procedural handling and the change in purpose from a previous grant.
  • The board approved the budget revision request.

Spill Detection and Funding

  • A member questioned the mechanism for detecting and reporting contained spills.
  • The member stated they would not support the matter if adequate funding was not provided.
  • No vote was taken on this item.

Closed Session

  • The board considered three existing litigation cases and one conference with legal counsel for anticipated litigation.
  • The board reviewed public employee performance evaluations for the County Counsel and Planning and Development Director.
  • The board reappointed the County Counsel for four years.

Full summary

Agenda Item: CREF Grant Applications and 2017 Awards Allocation

  • Staff presented recommendations for the Coastal Resource Enhancement Fund (CREF) 2017 awards, proposing to fund eight of fourteen received proposals. Presentations were made for various projects, including the Santa Barbara Museum of Natural History Sea Center (interpretive signs), Carpinteria Bluffs III acquisition, Santa Maria Valley Discovery Museum (outdoor learning space), UCSB Natural Reserve System (digitization of collections), Santa Barbara Maritime Museum (oil exhibit), Santa Claus Lane engineering, Barone Ranch Trail enhancement, Manzana Creek Watershed (barrier removal), Channel Islands Marine and Wildlife Institute (outreach), and Goleta Open Space acquisition.
  • Staff also recommended amending CREF guidelines to conduct funding cycles every other year until specific unit projects resume, and setting aside approximately $125,000 to $250,000 annually for the next five to seven years to comply with a Coastal Commission condition regarding a Hollister Ranch public access program. Additionally, staff recommended extending the 2016 CREF award to the Trust for Public Land for the Gaviota Marine Terminal acquisition until June 2019.
  • Discussion included concerns regarding the timeline for the Hollister Ranch set-aside and debates over specific allocations, including adjustments for the interpretive signs, Santa Claus Lane engineering, and the oil exhibit. Some members proposed reallocating funds from the Santa Claus Lane project to the Santa Barbara Natural History Museum for interpretive signs, while others advocated for retaining funding for the Santa Claus Lane project to maintain progress on coastal access. Other proposals included funding for the Arroyo Borough Sewer Lift Station, Channel Keeper oil spill preparedness, and Gaviota Creek fish passage.
  • A motion was made to approve the staff recommendations for the 2017 CREF awards with modifications, including funding the Carpinteria Bluffs and Matilda Drive acquisitions, reducing the Santa Claus Lane engineering allocation, funding marine-themed interpretive signs, and funding other recommended projects. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Laguna County Sanitation District Rate Setting

  • Staff presented the annual rate setting hearing for the Laguna County Sanitation District, which serves approximately 12,000 customers. The proposed ordinance includes a 1.9% automatic increase consistent with the CPI and a Proposition 13 additional 2% tax. The proposed rate for a single-family residential unit is $981.99 per year, an increase of $18.31. Connection fees and trunk line fees were also proposed for increase. Staff noted that the district is upgrading its treatment plant in two phases and that previous rate increases anticipated future debt service.
  • Public comment included concerns about the compounding nature of rate increases since 2010, the necessity of bonds given the district’s existing funds, and the impact on homeowners. Staff clarified that the amount to be borrowed would be significantly less than the total project cost due to existing funds.
  • A motion was made to approve the Laguna County Sanitation District ordinance relative to service charges, connection fees, and trunk line fees. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Housing Element Implementation (Program 2.8)

  • Jessica Steele presented Program 2.8, which proposes zoning ordinance amendments to permit transitional and supportive housing in accordance with state law (Government Code Section 65583A5). The amendments would add definitions, list these housing types as residential uses in applicable zones, and remove additional restrictions to ensure they are regulated identically to other dwellings of the same type. Staff noted that the project is exempt from CEQA as it only clarifies allowed uses. The Montecito Planning Commission and County Planning Commission both voted to recommend approval.
  • Discussion focused on the intent to treat these uses similarly to other residential uses, with monitoring occurring through enforcement actions if complaints are received. Concerns were raised regarding the lack of proactive oversight and enforcement mechanisms, as well as the potential for abuse. Clarification was sought regarding requirements for residents, such as involvement in recovery programs.
  • A motion was made to adopt the proposed amendments to the Montecito Land Use and Development Code, County Land Use and Development Code, and Coastal Zoning Ordinance. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Behavioral Wellness – Mental Health Agreements

  • The board considered recommendations regarding mental health agreements amendments for fiscal year 2016-17. Discussion included questions regarding the labeling of funds as "general fund" when they had been moved to mental health capital.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Behavioral Wellness – Mental Health Services Act Plan

  • The board considered recommendations regarding the Mental Health Services Act three-year plan for fiscal years 2017 through 2020.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: County Executive Office – AB 1472 Advocacy Position

  • The board considered recommendations regarding the proposed advocacy position of support for AB 1472, relating to state lands commission oil, gas, and mineral leases.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: County Executive Office – Budget Revision

  • The board considered an approved budget revision request.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Planning and Development – Cannabis Land Use Ordinance

  • The board considered recommendations regarding the cannabis land use ordinance project amendment.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Public Works – Tahecus Landfill Reconfiguration

  • The board considered recommendations regarding the Tahecus Landfill Reconfiguration Barone Ranch Restoration Project.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.
No decision 0–0

Agenda Item: Planning and Development – Rancho La Laguna Appeal

  • The board held a hearing to consider the appeal filed by Rancho La Laguna LLC and La Laguna Ranch Company regarding the Planning Commission's denial of the Rancho La Laguna track map. The applicants requested a continuance to August 29, citing due process concerns and the convenience of a Santa Maria hearing location. Staff recommended setting the hearing for July 11, with the intent to continue it to August 29 if requested by the appellant.
  • A motion was made to set the hearing for July 11, with the understanding that it may be continued to August 29 with the appellant's consent. The motion was seconded. Vote Outcome: Passed.

Agenda Item: General Services – Northern Branch Jail Project

  • The board considered a report on the construction phase of the Northern Branch Jail Project.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Sheriff – Cash Donation

  • The board considered a $100,000 cash donation to the Sheriff's Office Coastal Patrol Bureau. Public comment raised concerns about the policy for accepting cash donations and potential quid pro quo arrangements. The Sheriff’s Office representative stated that the donation would be placed in a restricted fund solely for the refurbishment and improvement of the Coastal Patrol Station, which is in poor condition with mold issues, and would not be used for personnel or employee benefits.
  • A motion was made to accept the donation. The motion was seconded. Vote Outcome: Passed.

Agenda Item: County Executive Office – Dunn School Bonds

  • The board considered recommendations regarding California Enterprise Development Authority financing of tax-exempt private activity bonds on behalf of the Dunn School. A representative explained that the $8 million financing would be used for financing and refinancing educational facilities, including a student center at their campus in Los Olivos.
  • A motion was made to approve the issuance of tax-exempt debt for the benefit of Dunn School and to approve the CEQA findings. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Casa Pacifica Contract

  • The board discussed the Casa Pacifica contract.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Administrative Items (Balance)

  • The board addressed the remainder of the administrative agenda items.
  • A motion was made to approve the balance of the administrative agenda items. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Mental Health Services Act / Budget Revision

  • The board discussed a budget revision request related to the Mental Health Services Act three-year plan. Discussion included requests for the item to return as a D agenda item for further substantive discussion regarding services for children and the allocation of funds, as well as concerns about technical accounting adjustments.
  • A motion was made to approve the item as part of the consent agenda. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Environmental Review Contract (Cannabis/Cultivation)

  • The board discussed a contract for environmental review related to cannabis cultivation. Discussion included concerns that the process was unconventional, with an environmental document being studied without a stable project description. Staff explained that the contract allows for background work to begin while a stable project description is developed.
  • A motion was made to approve the contract. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Subdivision Map Act Appeal Hearing Date

  • The board discussed the scheduling of a hearing for an appeal related to the Subdivision Map Act. Staff recommended setting the hearing for July 11, noting that the board could continue the hearing to August 29 with the appellant's consent.
  • A motion was made to set the hearing for July 11, with the understanding that it may be continued to August 29 with the appellant's consent. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Limited Purpose Donations

  • The board discussed the acceptance of limited purpose donations. Staff confirmed that the board has accepted such donations in the past and that it is a standard practice.
  • A motion was made to accept the donations. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Cooperative Housing Model

  • A public speaker presented on the cooperative housing model. Discussion included questions regarding the financial model, debt consolidation, and the growth of the housing stock.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Project Funding (Item 2)

  • A public speaker presented on a project.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Project Funding (Item 3)

  • A public speaker presented on a project.
  • A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Transitional and Supportive Housing Ordinance

  • The board discussed an ordinance regarding transitional and supportive housing. Staff explained that the intent is to treat these uses similarly to other residential uses, with monitoring occurring through enforcement actions if complaints are received. Discussion included concerns about the lack of oversight and the potential for abuse, as well as questions regarding requirements for residents.
  • A motion was made to approve the ordinance. The motion was seconded. Vote Outcome: Passed.

Agenda Item: CREF Grants (Additional Deliberation)

  • The board deliberated on the allocation of CREF grants, including presentations for the Davy Brown and Munch Creek fish passage restoration project and the Gaviota Creek fish passage engineering project. Discussion included suggestions to reallocate funds from interpretive signs to support the Gaviota Creek project.
  • A motion was made to fund the Carpinteria Bluffs acquisition and the Matilda Drive acquisition. The motion was seconded. Vote Outcome: Passed.
  • A motion was made to accept the remaining staff recommendations with specified modifications, including reducing the Santa Claus Lane engineering allocation, funding marine-themed interpretive signs, and funding other listed projects. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Closed Session Report

  • The board reconvened from closed session. The report indicated that the board considered three existing litigation cases (Rivera v. County of Santa Barbara, Acedo-Alvarez v. County of Santa Barbara, and Surgett v. County of Santa Barbara), one conference with legal counsel for anticipated litigation, and public employee performance evaluations for the County Counsel and Planning and Development Director.
  • The board reappointed the County Counsel for four years. Vote Outcome: Passed.

Agenda Item: Announcements

  • The CEO announced that the Probation Department was awarded a three-year grant totaling $975,000. Additionally, it was announced that Caltrans would officially dedicate 21 miles of US Highway 101 in the Gaviota area as a state scenic highway the following day.

Agenda Item: TEFRA Hearings: Santa Barbara Student Housing

  • Staff explained that TEFRA hearings are required when revenue bonds are issued to finance projects of tax-exempt charitable corporations. A representative from the Student Housing Cooperative explained that the $6 million financing would be used to purchase property at 721 West Victoria to house 11 graduate students and for capital repairs at existing co-op houses.
  • A motion was made to approve the issuance of tax-exempt debt for the benefit of Santa Barbara Student Housing and to approve the CEQA findings. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Budget Revision Request: Agnes Street Property Purchase

  • The board discussed a budget revision request to use general fund monies to purchase the Agnes Street property for a crisis residential treatment program. Discussion included concerns about the procedural handling of the purchase through a budget revision request rather than a dedicated agenda item, and questions regarding the change in purpose from a previously relinquished Crisis Stabilization Unit grant.
  • A motion was made to approve the budget revision request. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Spill Detection and Funding

  • A member questioned the mechanism for detecting contained spills, specifically asking how such incidents are identified and reported. The member stated they would not support the matter if adequate funding was not provided. Vote Outcome: No vote was taken.