Board of Supervisors — 2017-08-29August 29, 2017

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 August 29, 2017

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Meeting Summary

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At a glance

Honorary Resolutions

  • Four honorary resolutions were approved, including one for the Santa Maria High School Baseball Team.
  • Resolution A20 honoring the CIF Division 6 championship victory was read into the record.

211 Helpline Service Agreement

  • Staff presented the third amendment to the agreement with the Community Action Commission.
  • The Board approved continued general fund funding of approximately $74,000–$79,000 despite reduced scope.
  • The motion to approve the item passed.
No decision 0–0

Human Services Commission Appointment

  • A correction was made to the name of the appointee for the Third District.
  • Anne Glasgow was appointed to the Human Services Commission with a term ending August 18, 2020.

San Ynez Valley Airport FAA Funding

  • An addendum was posted to add an administrative item regarding FAA funding for the airport project.
  • The item was added to the agenda as part of the final motion for agenda additions.

Grand Jury Report: Youth Safety

  • Staff recommended partial disagreement with Finding 3 and agreement with Finding 5 regarding the $75,000 allocation.
  • The Board adopted the responses, authorized the Chair to sign the letter, and determined the item is not a CEQA project.
  • The Board committed the remaining $50,000 allocation to the program and considered future annual support.

Grand Jury Report: Public Safety Radio Coverage

  • The Board partially disagreed with Finding 3 regarding Kiyama Area coverage, noting two-thirds of the valley is covered.
  • The Board declined to join other counties for a Kern County tower, citing alternative transmission sites.
  • The Board agreed with Finding 4 on 700 MHz usage but deferred immediate radio upgrades pending a comprehensive vendor plan.

Whittier Fire BEAR Report

  • Staff and agency representatives presented post-fire flood, erosion, and debris flow risks to local infrastructure.
  • The Forest Service proposed hydro-mulching treatments but was denied federal funding, suggesting local entities consider funding.
  • The Board requested a contingency plan from the water agency regarding Lake Cachuma water quality.
  • The Board considered the report and recommendations, noting estimated treatment costs of $8 million to $14 million.

Rancho La Laguna Subdivision Appeal

  • The Board heard an appeal regarding the denial of a track map and small water system for a 3,900-acre site.
  • Staff initially recommended approval but acknowledged the Planning Commission’s denial based on Agricultural Element policies.
  • The appellant offered to withdraw the 20-year Williamson Act proposal in favor of standard 10-year contracts.
  • The Board denied the appeal and the project de novo after a closed session to finalize motion language.

Energy and Climate Action Plan

  • Staff announced the county’s plan received a second Innovation in Green Community Planning Award.
  • The award was presented by the American Planning Association.

Closed Session

  • The Board considered existing and anticipated litigation, performance evaluations, and labor negotiations.
  • No reportable actions were taken in closed session.

Full summary

Administrative Agenda

  • Minutes of August 22, 2017: A motion was made and seconded to approve the minutes. The motion passed.
  • Honorary Resolutions (Items A17–A20): A motion was made and seconded to approve four honorary resolutions. Resolution A20, honoring the Santa Maria High School Baseball Team for their CIF Division 6 championship victory, was read into the record. The motion passed.
  • Item A10: Third Amendment to Agreement with Community Action Commission for 211 Helpline Service: Staff presented the third amendment to the agreement for 211 helpline services. Public comment was received regarding cost-effectiveness and funding levels relative to previous budget decisions. Staff clarified that the scope of work was aligned with available funding. Supervisor Lavagnino noted high call volumes (over 1,600) and supported continued general fund funding (approximately $74,000–$79,000), noting the City of Santa Maria views this as a county responsibility. Staff reported that the scope had been reduced due to insufficient funding from contributors, but the Board expressed support for continuing the service. A motion was made and seconded to approve the item. The motion passed (4-1).
  • Item A12 (Correction): Appointment to Human Services Commission: A correction was made to the name of the appointee for the Human Services Commission in the Third District. The item involves the appointment of Anne Glasgow, with a term ending August 18, 2020. The appointment was approved as part of the final motion for agenda additions.
  • Item A21 (Addendum): San Ynez Valley Airport ACIP 16 Project / FAA Funding: An addendum was posted adding this administrative item from General Services regarding FAA funding for the San Ynez Valley Airport project in the Third District. The item was added to the agenda as part of the final motion for agenda additions.
  • Remaining Administrative Items: A motion was made and seconded to approve the remaining items on the administrative agenda. The motion passed.

Public Comment (Non-Agenda Items)

  • Conservatorship Issues: Public comments were received regarding conservatorship cases. A representative from the Coalition for Elder and Disability Rights spoke regarding the conservatorship of a 25-year-old individual, stating the individual is self-sufficient and requesting that court-appointed counsel file a petition to terminate the conservatorship and report alleged isolation abuse to Adult Protective Services and law enforcement. Another member of the public alleged abuses in the probate court system, including neglect of elderly individuals, excessive attorney fees, and misuse of funds, urging the Board to investigate.
  • General Comments: Additional public comments were received regarding various local issues.

Departmental Agenda

  • Item 1: Response to 2016-2017 Grand Jury Report "Youth Safety in Santa Maria": Staff presented recommended responses to Findings 3 and 5 and Recommendations 3 and 5 of the Grand Jury report. The report addressed youth safety strategies and collaboration between the City of Santa Maria and the County. Staff recommended the Board partially disagree with Finding 3 (noting initial refusal to collaborate was due to task force composition, which has since been resolved), agree with Finding 5 (regarding the $75,000 allocation), and state that Recommendation 3 has been implemented through ongoing collaboration. Staff also recommended the Board commit the remaining $50,000 allocation to the program and consider future annual support through the normal budget process. Supervisor Lavagnino acknowledged a "rocky start" but noted improved collaboration via the Mayor’s Task Force, highlighting proposed solutions such as focus on ages 0–5, juvenile hall reentry, parent education, and youth recreational activities. A motion was made and seconded to adopt the responses as the official response to the Grand Jury report, authorize the Chair to sign the response letter, and determine the item is not a project under CEQA. The motion passed.
  • Item 2: Response to 2016-2017 Grand Jury Report "Public Safety Radio Coverage": The General Services Director presented the Board’s response to the Grand Jury report on public safety radio coverage.
  • Finding 3 (Kiyama Area Coverage): The Board partially disagreed with the finding that coverage is extremely poor, noting that approximately two-thirds of the Kiyama Valley is covered. The Board stated it would not implement the recommendation to join Santa Barbara and Ventura County Fire Departments to install a tower in Kern County, citing other options such as a new transmission site at Fire Station 41 or the Pallado Peak site.
  • Finding 4 (700 MHz Band): The Board agreed with the finding that most agencies are not using the 700 MHz band. The Board stated it would not immediately implement the recommendation to upgrade all radios to the 700 MHz band, noting that a vendor would be selected to develop a comprehensive upgrade plan, with the 700 MHz option being one of several considered.
  • A motion was made and seconded to consider and adopt the responses in Attachment A as the Board’s response to the Grand Jury report, authorize the Chair to sign the response letter, and determine the actions are not a project subject to CEQA review. The motion passed.
  • Item 3: Whittier Fire Burn Area Emergency Response (BEAR) Report: Staff and representatives from the Los Padres National Forest, Flood Control, and other agencies presented the Burn Area Emergency Response (BEAR) analysis for the Whittier Fire. The presentation covered post-fire flood conditions, increased water flows, erosion, and debris flow potential. Key points included high soil burn severity in Tequepas and Duval Canyons impacting Cochuma Reservoir; geologic hazards including surface erosion, rockfall, and debris flows; and threats to Highway 154 culverts, Kachuma Reservoir, and water quality for Santa Barbara. The Forest Service proposed hydro-mulching treatments on National Forest lands but was denied funding by the Washington office; they suggested local entities consider funding treatments if deemed valuable. Estimated costs for full treatment were $14 million, with a reduced scope potentially costing $8 million. Natural recovery is expected in 2-5 years, but significant sedimentation is expected in the first 1-2 years. The Forest Service is implementing road closures, noxious weed surveys, and coordinating with NOAA for storm warnings. Caltrans is aware of the threats to Highway 154 and has contingencies for clearing culverts. Public comments were received regarding the impact of recent wildfires, soil sterilization, water supply risks, and the feasibility of controlled burns. Questions were raised regarding the ownership of the dam and land behind it by the Bureau of Reclamation and whether silver iodide cloud seeding was considered. The Board discussed water quality concerns at Lake Cachuma and the Exxon Mobil processing plant, expressing concern about potential water degradation and requesting a contingency plan from the water agency. The Board discussed the possibility of legislative action or letters to federal representatives regarding water quality issues. A motion was made and seconded to consider the report and recommendations. The motion passed.
  • Item 4: Appeal of Rancho La Laguna Subdivision (Project No. 2013-00001-000 / Case No. 17APL-00000-00004): The Board heard an appeal from Rancho La Laguna LLC and La Laguna Ranch Company LLC regarding the Planning Commission’s denial of a track map and small water system project. The project involves subdividing a 3,900-acre site into 13 lots (160–600 acres) with Residential Development Envelopes (RDEs) and a state small water system for agricultural use with small home sites.
  • Staff Presentation: Staff initially recommended approval, stating the project was consistent with the General Plan, but noted the Planning Commission had denied the project based on inconsistencies with Agricultural Element policies. Staff acknowledged the Planning Commission is the higher-level decision-making body and supported their decision. Staff noted that the Environmental Impact Report (EIR) was not certified by the Planning Commission, and no Class 1 impacts were identified. Later, staff requested that the board "trail" the item to ensure the final findings are consistent with the direction chosen by the board, clarifying there are two sets of findings: those for approval and those made by the Planning Commission.
  • Appellant Presentation: The appellant argued that the Planning Commission’s findings lacked factual basis, noting that all lots remain viable for agriculture and eligible for Williamson Act contracts. The appellant contended that residential development is permitted in the Ag 2100 zone and that the project would not set a precedent for subdividing adjacent agricultural parcels. The applicant indicated willingness to withdraw the 20-year Super Williamson Act proposal in favor of a standard 10-year contract for all parcels, waive objections to rezoning, and record conditions on the title.
  • Public Comments:
  • Support: Speakers argued the project preserves agricultural viability, supports family farmers, maintains rural character, and uses existing infrastructure. They cited the economic benefits of smaller parcels for leasing to farmers and the importance of preserving the landscape for tourism. One speaker emphasized the need for farmable acreage of manageable size for small farmers and ranchers. Another speaker argued the project is well-designed to complement the topography and enables the property to be farmed by individual owners.
  • Opposition: Speakers argued the project sets a precedent for subdividing large agricultural properties, is inconsistent with Agricultural Element policies (specifically regarding Williamson Act contracts, soil health, and urban conflict), and threatens the long-term viability of agriculture in the area. One speaker cited the presence of 56 special status protected species and extensive grading requirements, arguing the project conflicts with the Conservation Element and Hillside and Watershed Protection Policies. Another speaker argued the EIR cannot be certified because the project description is incomplete and the environmental setting relies on outdated information.
  • Board Discussion: Supervisors discussed the tension between preserving large agricultural tracts and allowing generational housing/subdivision. Counsel advised clarifying the project description, specifically regarding the distinction between 10-year Williamson Act contracts and 20-year Farmland Security Zone contracts. Counsel recommended against sending the item back to the Planning Commission, as the Board is the next level of review. Counsel suggested a conceptual motion to allow staff time to align findings with any changes to the motion. A board member raised questions regarding the specific Comprehensive Plan policies cited in the Planning Commission’s findings (Policies 1A, 2D, and 3A) and inquired whether the discussion regarding the Williamson Act status of all parcels would alter these specific findings.
  • Motions and Decisions:
  • A conceptual motion was made to grant the appeal, approve the project with conditions (10-year Williamson Act on all parcels, waiver of rezone objection, recorded on title), certify the EIR, make staff findings, and approve the project de novo. This was seconded conceptually.
  • A subsequent motion was made to make the motion non-conceptual (final). This was seconded.
  • A motion was made to add changes regarding the Farmland Security Zone/Williamson Act contracts and the non-opposition to rezone to the administrative agenda.
  • A motion was made to expand the statement on Finding Number 3 to include additional details provided by staff regarding long-term plans.
  • A motion was made to ask the water agency to return with a contingency plan regarding Lake Cachuma water quality in the event of no external assistance.
  • A motion was made and seconded to deny the appeal (Case No. 17APL-00000-00004), make required findings for denial including CEQA findings, incorporate specific documents and evidence by reference into findings 2.1, 2.2, and 2.3, determine the denial is exempt from CEQA pursuant to Section 15270, and deny the project de novo. The Board recessed to closed session to finalize the motion language. Upon reconvening, the Board reviewed the revised motion. A roll call vote was taken. The motion to deny the appeal passed (3-2).

Other Items

  • Energy and Climate Action Plan: Staff announced that the county’s Energy and Climate Action Plan received a second Innovation in Green Community Planning Award from the American Planning Association.

Closed Session

  • The Board entered closed session to consider existing litigation (Garcia v. County, Colbert v. County, County v. Zinke, County v. Bureau of Indian Affairs, and cases involving the State Department of Healthcare Services), anticipated litigation, performance evaluations, public employee appointments, and labor negotiations. No reportable actions were taken in closed session.

Adjournment

  • The Board adjourned the meeting, with the next meeting scheduled for September 12 in Santa Barbara.