Board of Supervisors — 2017-09-12September 12, 2017

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 12, 2017

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Meeting Summary

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At a glance

National Recovery Month Resolution

  • Supervisor Williams introduced the resolution highlighting the theme "Join the Voices for Recovery."
  • The Board adopted the resolution to proclaim September 2017 as National Recovery Month.

Commendation for Custody Deputy John Furster

  • Supervisor Wolf introduced the resolution honoring John Furster Jr. for his retirement after over 21 years of service.
  • The Board adopted the resolution recognizing his tenure at the Sheriff’s Office and Honor Farm.

Constitution Week Resolution

  • Supervisors Williams and Wolf introduced the resolution marking the 230th anniversary of the U.S. Constitution.
  • Representatives from the National Society Daughters of the American Revolution accepted the proclamation.
  • The Board adopted the resolution proclaiming the week of September 17–23, 2017, as Constitution Week.

National Suicide Prevention Week Resolution

  • Supervisors Wolf and Hartman introduced the resolution recognizing September 10–16, 2017, as National Suicide Prevention Week.
  • The resolution cited statistics on suicide rates and the importance of reducing stigma around mental health.
  • The Board adopted the resolution.

Employee of the Month Resolution

  • Supervisor Hartman introduced the resolution honoring Jamie Bohorkas of Child Support Services.
  • The Board adopted the resolution recognizing her work as a financial office professional and safety officer.

First 5 Children and Families Commission Waiver

  • A representative requested a waiver to the 180-day waiting period for engaging a former employee as a consultant.
  • The request was justified by declining tobacco sales tax revenues and the need for specific expertise during a transition.
  • The Board approved the waiver.

Grading Code Amendments

  • Staff presented amendments to Chapter 14 to prevent avoidance of grading permits through multiple small operations or mechanical compaction.
  • Public comment included questions regarding the necessity of changes and requests for data on violations.
  • The Board adopted the minor adjustments to the grading code.

HOME Loan for Good Samaritan Shelter

  • Staff recommended a $550,000 HOME loan for property acquisition and rehabilitation in Santa Maria.
  • The loan would be forgiven after a 15-year compliance period restricting the property to low-income occupancy.
  • Staff explained that HUD prioritizes projects providing permanent supportive housing and implementing a housing-first model.
  • The Board approved the recommended actions regarding the HUD grant funding.

Energy and Climate Action Plan Progress Report

  • Staff reported that current emissions are 14% below 2007 levels, indicating the county is on track to meet the 2020 goal.
  • The report highlighted water conservation efforts and the Quiama Solar Project while noting data gaps in transportation.
  • The Board accepted the report with direction to return with details on fuel efficiency thresholds and regional cooperation.

Accessory Dwelling Units (ADUs)

  • Staff presented ordinances implementing state legislation for ADUs, including a ministerial review process.
  • Public comment raised concerns about septic requirements, unit placement, and conflicts with state mandates.
  • The Board voted to continue the item until state legislation is finalized.

Real Estate Fraud and Recording Fees

  • A board member noted the District Attorney’s office pursued 45 investigations into real estate fraud involving nearly $5 million in losses.
  • The Board approved the recommendations regarding recording fees and fraud investigations.

Domestic Violence Solutions Project

  • The Board moved the recommended actions for the Domestic Violence Solutions project.

Continuum of Care Board Operations

  • Staff explained that COC Board members with conflicts of interest must recuse themselves from final approvals.
  • A speaker noted that HUD has shifted requirements toward a "Housing First" approach and a Coordinated Entry system.
  • The speaker indicated that counties generally administer these processes to ensure compliance and prevent loss of funding.

Vehicle Fleet Fuel Efficiency

  • Supervisor Williams discussed the history of the fleet fuel efficiency goal set in 2008.
  • Staff argued that extending vehicle life prevents the adoption of newer, more fuel-efficient technology.
  • Staff suggested that current replacement criteria based on industry standards are reasonable.

Jail Ride Program and Sobering Center

  • A speaker reported that the jail ride program would be operational within one to two weeks.
  • The speaker suggested funding the Good Samaritan organization directly rather than routing the program through jail bureaucracy.
  • The speaker urged the city to utilize the sobering center more frequently to reduce jail intake for inebriates.

Behavioral Wellness Department Response

  • A speaker described a 5150 hold incident and requested reimbursement for hospital bills from the Behavioral Wellness budget.
  • Staff indicated they would reach out to the Public Defender and Public Guardians offices regarding the items mentioned.

Electric Vehicle Charging and Solar Arrays

  • Staff reported that an RFP is currently on the street for additional solar arrays.
  • Staff noted low usage of electric vehicle chargers in the county lot and confirmed they can capture usage data.

Closed Session

  • Staff presented on two existing litigation cases involving the County of Santa Barbara.
  • The Board considered a matter of significant exposure to litigation and a real property item near Guadalupe Dunes County Park.
  • The Board approved the actions taken in closed session regarding the litigation and real property items.

Full summary

General Public Comment

  • Speakers addressed the Board regarding conservatorships, alleging civil rights violations and restrictions on visitation, and requested recognition of issues faced by families separated from loved ones under conservatorship. A representative from Coast Valley Treatment Centers thanked the Board for recognizing September as National Recovery Month. The Executive Director of Good Samaritan Shelter presented a request for $550,000 in federal HOME funds for property acquisition and rehabilitation in Santa Maria to create transitional housing and residential treatment for women and children, noting that the 30-day public comment period had concluded with zero comments. A resident requested the postponement of the decision on Accessory Dwelling Unit (ADU) ordinances to allow for further study regarding caregiver housing needs. Additional public comments were received regarding the BDS movement, the right to non-violent boycotts, Adult Protective Services, and the implementation of Constitution Week.

Agenda Item A22: Resolution Proclaiming September 2017 as National Recovery Month

  • Supervisor Williams introduced the resolution, highlighting the theme "Join the Voices for Recovery: Strengthen Families and Communities" and the role of the Behavioral Wellness Department in supporting recovery programs. The Board adopted the resolution. Vote Outcome: Passed.

Agenda Item A23: Resolution of Commendation for Custody Deputy John Furster

  • Supervisor Wolf introduced the resolution honoring John Furster Jr. for his retirement after over 21 years of service to the Sheriff’s Office, including time at the Honor Farm (now Medium Security Facility). The Board adopted the resolution. Vote Outcome: Passed.

Agenda Item A24: Resolution Proclaiming Constitution Week

  • Supervisors Williams and Wolf introduced the resolution proclaiming the week of September 17–23, 2017, as Constitution Week, marking the 230th anniversary of the drafting of the U.S. Constitution. Representatives from the Mission Canyon Chapter of the National Society Daughters of the American Revolution accepted the proclamation. The Board adopted the resolution. Vote Outcome: Passed.

Agenda Item A25: Resolution Proclaiming National Suicide Prevention Week

  • Supervisors Wolf and Hartman introduced the resolution recognizing September 10–16, 2017, as National Suicide Prevention Week. The resolution cited statistics on suicide rates and the importance of reducing stigma associated with mental health services. The Board adopted the resolution. Vote Outcome: Passed.

Agenda Item A26: Resolution of Accommodation for Employee of the Month

  • Supervisor Hartman introduced the resolution honoring Jamie Bohorkas of Child Support Services as the September 2017 Employee of the Month for her work as a financial office professional and safety officer. The Board adopted the resolution. Vote Outcome: Passed.

Announcements

  • The Board announced that Item A2 (Behavioral Wellness recommendations regarding Transitions Mental Health Association) and Item A3 (Behavioral Wellness contract renewal with Crescent) would be continued to the September 19 meeting in Santa Maria. Requests to speak were noted for Item A5 (Continuum of Care Program) and Item A24 (Constitution Week).

Departmental Item 1: First 5 Children and Families Commission

  • A representative from First 5 requested a waiver to the 180-day waiting period for engaging a former employee as a consultant. The request was made due to declining revenues from tobacco sales taxes and the need for specific expertise during a transition period. Vote Outcome: Passed.

Departmental Item 2: Planning and Development – Grading Code Amendments

  • Staff presented proposed amendments to Chapter 14 (Grading Code) in response to a 2016 grand jury report. The amendments aim to prevent avoidance of grading permits by conducting multiple operations of less than 50 cubic yards or by mechanically compacting soil. Staff noted no complaints or observed instances of these activities in the field. Public comment included questions regarding the necessity of the changes and requests for data on actual grading violations. Staff recommended adopting the ordinances, noting that if state law changes, the county would still have to rewrite the ordinances, so adopting them now does not hurt. The Board adopted the minor adjustments to the grading code. Vote Outcome: Passed.

Departmental Item 3: Community Services – HOME Loan for Good Samaritan Shelter

  • Staff presented the recommendation for the $550,000 HOME loan for property acquisition and rehabilitation in Santa Maria. The loan would be forgiven after a 15-year compliance period restricting the property to low-income occupancy. Staff explained that HUD requires communities to prioritize projects providing permanent supportive housing and implementing a housing-first model. The county used a scoring tool to objectively review projects based on performance measures, then allowed committees to add subjective priorities. Staff noted that HUD and the state are both pushing for housing-first models and coordinated entry systems. The county is working on a "No Place Like Home" grant for permanent supportive housing. Staff explained that they monitored a project (Good Samaritan) and found issues with documentation and budget revisions, but no misuse of funds. These issues are being resolved as technical assistance. Staff stated that HUD wants communities to fund projects meeting community needs (permanent supportive housing) rather than reducing all grants to fund lower-priority projects. The county’s process is transparent and scored by HUD. The Board moved the recommended actions regarding the HUD grant funding. Vote Outcome: Passed.

Departmental Item 4: Community Services – Energy and Climate Action Plan (ECAP) Progress Report

  • Staff presented the first progress report on the ECAP, adopted in 2015 with a goal to reduce greenhouse gas emissions by 15% below 2007 levels by 2020. Staff outlined the County Sustainability Committee’s role and the two measurement approaches: a "snapshot" approach (emissions inventory) and a "live stream" approach (tracking specific emission reduction measures). Findings indicated that current emissions are 14% below 2007 levels, indicating the county is on track to meet the 2020 goal. Through 2016, the county has reduced an estimated 30,000 metric tons of emissions out of the 190,000 metric tons required to meet the goal (approximately 16% progress). Staff noted this figure likely underreports progress due to data gaps, particularly in transportation and industrial energy efficiency. Staff highlighted water conservation efforts at Los Alamos County Park and the Quiama Solar Project. Staff indicated the need to update the ECAP by 2022 to meet deeper state targets (40% reduction by 2030) and to maintain streamlined environmental review. Staff also mentioned preliminary interest in a regional approach including cities in the emissions inventory. Staff requested consideration for funding to support ECAP implementation, update the plan, and pursue outside resources. Public comment included discussions on fuel-efficient vehicle targets, solar array development, EV charging station usage, and the importance of local climate action. The Board accepted the staff report and recommendations, with direction to staff to return with a fuel efficiency threshold (MPG), HR’s role in TDM, carbon farming, and cooperation with other jurisdictions and businesses. Vote Outcome: Passed.

Departmental Item 5: Planning and Development – Accessory Dwelling Units (ADUs)

  • Staff presented recommendations from the County and Montecito Planning Commissions to approve ordinances implementing state legislation regarding ADUs. The proposals included amendments to the County, Montecito, and Coastal zoning ordinances to revise development standards and permit procedures. Staff explained that the proposed ordinances aim to create a ministerial review process with discrete standards, subject to appeal to the Planning Commission and Board of Supervisors. Staff clarified that if properties are not in the coastal zone, the county can only apply state law standards, rendering local residential second unit ordinances null and void in those areas. Staff noted that community plans in Mission Canyon and Montecito have specific design standards that were incorporated into the ordinances, while other areas lack specific square footage standards. Staff indicated that pending state legislation may affect the ordinances, offering the board the choice to wait for state law to settle or adopt an incremental step now. Staff explained the permitting process involves a planning permit (land use permit) and a building permit. The 120-day timeline applies to the planning phase, which the county controls; building permit timelines depend on applicant readiness. Fees for land use, building, and mitigation impact fees are required. Staff noted that multifamily zones (e.g., Isla Vista) were excluded from the ordinance due to existing density and ownership structures. Staff stated that owner-occupancy requirements are enforced via notice to property owners and run with the land. If the owner does not occupy the property, the unit must be converted to a conforming use. Public comment included support for the ordinances with suggestions for adjustments to the appeal process and size limits, concerns about EHS requirements for septic tanks and unit placement, arguments that the draft ordinance conflicts with state mandates regarding ministerial review, and concerns about population stabilization and unpermitted units. Staff recommended that the board direct staff to review specific issues (septic, unit location, 120-day period scope, and applications under state law vs. revised ordinance), seek advance review from the Housing and Community Development (HCD) department, and return to the Planning Commission to incorporate state law changes before final adoption. Supervisor Lavinino moved to continue the item until the state legislation is finalized. Supervisor Gray seconded the motion. The Board voted on the motion to continue the item. Vote Outcome: Passed (4-1).

Real Estate Fraud / Recording Fees

  • A board member thanked the District Attorney’s office for pursuing 45 investigations into real estate fraud, noting a monetary loss of close to $5 million for victims. The Board moved the recommendations regarding the recording fee and real estate fraud investigations. Vote Outcome: Passed.

Domestic Violence Solutions Project

  • The Board moved the recommended actions for the Domestic Violence Solutions project. Vote Outcome: Passed.

Litigation / Real Property (Closed Session Items)

  • Staff presented on two existing litigation cases: County of Santa Barbara v. Zinke and County of Santa Barbara v. Pacific Regional Director Bureau of Indian Affairs. The board considered whether to initiate civil litigation in a meeting with county counsel. The board considered a matter of significant exposure to litigation. The board considered a real property item involving parcels near Guadalupe Dunes County Park. Staff stated there are no reportable actions today. The Board approved the actions taken in closed session regarding the litigation and real property items. Vote Outcome: Passed.

Minutes of August 29, 2017

  • The Board approved the minutes. Vote Outcome: Passed.

Administrative Agenda (Items A17–A26)

  • Ten honorary resolutions (A17 through A26) were presented. Specific resolutions A22, A23, A24, and A25 were read into the record. The Board approved the honorary resolutions. Vote Outcome: Passed.

Administrative Agenda (Remaining Items)

  • The board considered remaining administrative items. The Board continued these items to September 19. Vote Outcome: Passed.

Administrative Agenda (Items A5, A7, A24)

  • Items A5, A7, and A24 were pulled for discussion. Public comment was received regarding Item A5, including questions about criteria changes and the grant application process. Supervisor Williams commented on the "Housing First" model and clean and sober living facilities. Supervisor Wolf expressed support for the model. The Board approved the balance of the administrative agenda. Vote Outcome: Passed.

Continuum of Care (COC) Board Operations and HMIS Licensing

  • Staff explained that COC Board members with conflicts of interest (those with applications under consideration or who participated in the rank and review/appeals process) must recuse themselves from final approvals. It was noted that only three non-conflicted board members approved the final rank and review. The board includes representatives from Transition House, Good Samaritan, People Self-Help Housing, the Housing Authority, the City of Santa Barbara, the County of Santa Barbara, a formerly homeless community member, New Beginnings Counseling Center, County Public Health, the City of Lompoc, and the Central Coast Collaborative on Homelessness. Staff stated that HMIS licenses are limited and prioritized for agencies required to have them, such as COC-funded agencies, those with federal funds (e.g., Veterans Administration, runaway and homeless youth programs), and partners in HMIS. A speaker addressed the committee regarding the administration of homeless services funding and compliance with federal requirements. The speaker noted that while shelters have historically served as the primary frontline for services in Santa Barbara, the U.S. Department of Housing and Urban Development (HUD) has shifted requirements toward a "Housing First" approach, emphasizing rapid rehousing and alternatives to sheltering. The speaker identified the development of a "Coordinated Entry" system as a significant operational change requiring countywide support. This system involves expanding HMIS (Homeless Management Information System) access and increasing licensing. The speaker stated that annual compliance applications are complex and require staffing support to prevent the loss of funding. The speaker indicated that while independent administration is ideal, counties across the country generally administer the coordinated entry and continuum of care processes, and no known counties operate without this administrative support. Vote Outcome: No motion or vote recorded.

Vehicle Fleet Fuel Efficiency and Replacement Criteria

  • Supervisor Williams discussed the history of the fleet fuel efficiency goal, noting it was set in 2008 during poor economic times as a conservative target. Staff and Supervisor Williams agreed that recovering upfront capital costs through fuel savings is often not feasible because vehicles are not retained long enough. Examples cited included Ford Focus and C-Max models. Staff argued that extending vehicle life prevents the adoption of newer, more fuel-efficient technology and higher CAFE standards, suggesting that current replacement criteria based on industry standards are reasonable. Vote Outcome: No motion or vote recorded.

Jail Ride Program and Sobering Center Usage

  • A speaker reported that the jail commander indicated the ride program would be operational within one to two weeks. The speaker suggested funding the Good Samaritan organization directly rather than routing the program through the jail bureaucracy, citing past efficiency. The speaker also urged the city to reduce the number of inebriates sent to jail by utilizing the sobering center more frequently, noting that the city currently pays nothing toward the ride program. Additionally, the speaker advocated for increasing federal housing assistance for disabled individuals, stating current amounts are insufficient for housing in the area. Vote Outcome: No motion or vote recorded.

Behavioral Wellness Department – Public Comment and Response

  • A speaker described a 5150 hold incident in September 2015, alleging lack of care and indignity during hospitalization. The speaker requested reimbursement for hospital bills ($2,110) from the Behavioral Wellness budget. The CEO of Behavioral Wellness stated that many issues raised in public comments fall under the jurisdiction of the courts. Staff indicated they would reach out to the Public Defender and Public Guardians offices and notify the relevant court official regarding the items mentioned. Vote Outcome: No motion or vote recorded.

Electric Vehicle Charging and Solar Arrays

  • Staff reported that an RFP is currently on the street for additional solar arrays. Regarding electric vehicle chargers, staff noted low usage in the county lot and are mindful of costs and potential grants. Staff confirmed they can capture usage data and report back. Vote Outcome: No motion or vote recorded.