Board of Supervisors — 2017-10-03October 3, 2017

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 3, 2017

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Meeting Summary

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At a glance

Administrative Agenda and Resolutions

  • The Board approved the September 19, 2017 minutes and adopted various honorary resolutions, including support for DACA recipients.
  • Amendments were approved to correct a ballot measure number and continue the San Ysidro Road interchange item to the October 17 meeting.
  • The balance of the administrative agenda was approved with these specific changes.

Short-Term Rental (STR) and Homestay Ordinances (Case No. 160)

  • The Board approved Case No. 160, eliminating STRs from Mixed-Use zones while permitting homestays in residential and Ag-1 zones.
  • Homestay regulations were established, limiting permits to one per owner, capping units at two bedrooms, and requiring a 24-hour nuisance response plan.
  • The Coastal Historic Overlay District was adopted based on tax data, with staff directed to explore future expansions.
  • Staff was directed to develop a Countywide Farmstay Program and return before year-end to determine enforcement and staffing needs.

Community Choice Energy (CCE) Feasibility Study

  • Staff reported that none of the 24 regional CCE scenarios were financially feasible due to high projected rates and market adjustments.
  • The Board directed staff to seek information on joining existing CCEs and engage consultants for additional analysis with adjusted assumptions.
  • Staff was instructed to use a market-based approach for Power Purchase Agreements and issue an RFP for an energy consultant for county facilities.
  • The Board also directed staff to reach out to other agencies and large customers regarding participation in the planning effort.

Hearing on Memorandum of Agreement with Santa Ynez Band of Chumash Indians (Item A-19)

  • The Board held a hearing to consider recommendations regarding the fee-to-trust transfer of land at Camp Ford.
  • Public comment was received expressing opposition to the MOA, citing concerns about due process and unregulated development.
  • No final vote was recorded during this segment as the item was heard for public comment.

Hearing on Revised Vicious and Restricted Dogs Ordinance (Item A-6)

  • The Board held a hearing to consider amendments to the Animal and Fowl chapter and the Animal Services Fee Ordinance.
  • Public comment raised concerns about due process provisions regarding euthanasia hearings and animal classification.
  • No final vote was recorded during this segment as the item was heard for public comment.

Closed Session

  • The Board discussed existing and anticipated litigation matters, including cases involving Welland, Kubander, and Zinke.
  • Upon returning to open session, the Board reported that no reportable actions were taken during the closed session.

Full summary

Agenda Item: Administrative Agenda and Resolutions

  • The Board considered the administrative agenda, including the approval of minutes from September 19, 2017, and various honorary resolutions. The Board approved the minutes. The Board adopted resolutions for National 4-H Week (Item A-24), Dyslexia Awareness Month (Item A-25), Energy Awareness Month (Item A-26), National Arts and Humanities Month (Item A-28), and an Employee of the Month commendation for Evelyn Rainbolt (Item A-27). The Board also adopted a resolution supporting DACA recipients (Item A-22). Additionally, the Board approved amendments to the administrative agenda, including a correction to the ballot measure number for the Los Olivos Community Services District formation election and a request to continue the San Ysidro Road at US 101 Interchange item to the October 17, 2017 meeting. The motion to approve the balance of the administrative agenda with these changes passed.

Agenda Item: Short-Term Rental (STR) and Homestay Ordinances (Case No. 160)

  • Staff presented proposed ordinances regulating short-term rentals (STRs) and homestays. The proposed regulations would prohibit STRs in residential, agriculture, resource protection, industrial, and certain special purpose zones, while permitting them in specific commercial and mixed-use zones and within a new "Short-Term Rental Coastal Historic Overlay District." Homestays would be permitted in residential and Ag-1 zones. Public comment was received from individuals and representatives expressing both support for and opposition to the regulations, with concerns raised regarding economic impact, housing availability, enforcement mechanisms, and the definition of the historic overlay.
  • The Board discussed several amendments and policy directions:
  • Zoning: The Board agreed to eliminate STRs from Mixed-Use (MU) zoning districts while allowing homestays in those zones.
  • Homestay Eligibility: The Board defined "long-term tenant" as a person with a lease of at least six months. Long-term tenants were permitted to operate homestays with the owner’s consent. The Board established a limit of one homestay permit per property owner at any given time.
  • Homestay Limits: The Board limited homestays to a maximum of two bedrooms and required a nuisance response plan with a 24-hour response time and local contact.
  • Historic Overlay: The Board adopted the Coastal Historic Overlay District as presented, based on Transient Occupancy Tax (TOT) data from 2005 and historic knowledge. Staff was directed to explore potential expansions or criteria for additional areas in the future.
  • Farmstays: Staff was directed to develop a Countywide Farmstay Program in Ag-2 Zone Districts with an ag-tiered program.
  • Enforcement and Implementation: Staff was directed to return to the Board prior to the end of the calendar year to consider implementation options, select an enforcement approach, and determine necessary staffing for the FY 2018-19 budget.
  • A motion was made and seconded to approve Case No. 160, including the County LUDC and MLUDC amendments, Article 2 amendments, the CEQA Notice of Exemption, and the directions for staff regarding farmstays, enforcement, and the overlay district. The motion passed.

Agenda Item: Community Choice Energy (CCE) Feasibility Study

  • Staff presented the results of a regional Community Choice Energy (CCE) feasibility study conducted by Wildan and Internex, with a peer review by MRW. The study evaluated the financial viability of a CCE program for the tri-county region (San Luis Obispo, Santa Barbara, and Ventura counties). Key findings indicated that none of the 24 scenarios studied showed a financially feasible outcome for a regional CCE program, with projected rates higher than Investor-Owned Utility (IOU) rates. Factors contributing to infeasibility included the split between PG&E and Edison service areas, the scale of the program, and market adjustments by IOUs.
  • Staff presented four options for Board consideration: 1. Join existing in-development CCE programs (Monterey Bay Community Power or Los Angeles County CCE). 2. Form a new CCE program (standalone or regional JPA). 3. Adopt a wait-and-see approach, continuing to investigate other opportunities. 4. Cease CCE exploration and redirect resources.
  • Public comment was received from stakeholders, including representatives from the Community Environmental Council, Green Power/Romero Institute, and Econ Alliance. Speakers challenged the study’s assumptions regarding renewable energy costs, franchise fees, and opt-out rates, urging further peer review and due diligence. Some speakers supported joining existing CCEs, while others advocated for the county to act as an aggregator or supplier to meet Southern California Edison’s (SCE) Request for Offers (RFO) for local electrical capacity resources.
  • The Board discussed the options, with particular focus on the potential for the county to act as an aggregator in response to SCE’s RFO for 100 MW of renewable energy. A motion was made and seconded to direct staff to:
  • Seek more information about joining other CCEs as one option.
  • Engage MRW or another qualified consultant to conduct additional analysis with adjusted assumptions.
  • Use a market-based approach to solicit Power Purchase Agreement (PPA) contracts for wind, solar, and natural gas.
  • Work with General Services to issue an RFP for an energy consultant to analyze county facilities for the pending SCE solicitation.
  • Reach out to other agencies and large customers to inquire about participation in the planning effort.
  • The motion passed.

Agenda Item: Hearing on Memorandum of Agreement with Santa Ynez Band of Chumash Indians (Item A-19)

  • The Board held a hearing to consider recommendations regarding a memorandum of agreement (MOA) with the Santa Ynez Band of Chumash Indians concerning the fee-to-trust transfer of land at Camp Ford. Public comment was received from speakers expressing opposition to the MOA, citing concerns about due process, equal protection, unregulated development, and the rushed nature of the negotiations. Speakers requested a 30-day public comment period and postponement of the Board’s consideration. No final vote on the MOA was recorded in this segment; the item was heard for public comment.

Agenda Item: Hearing on Revised Vicious and Restricted Dogs Ordinance (Item A-6)

  • The Board held a hearing to consider recommendations regarding a revised ordinance amending Chapter 7 (Animals and Fowl) of the Santa Barbara County Code and revisions to the Animal Services Fee Ordinance. Public comment was received from a speaker raising concerns about due process provisions, specifically regarding notification requirements for euthanasia hearings and the classification of animals as "restricted" or "vicious" based on prior warnings. The speaker suggested these provisions could be subject to constitutional challenges. No final vote on the ordinance was recorded in this segment; the item was heard for public comment.

Agenda Item: Closed Session Litigation Matters

  • The Board entered closed session to discuss existing and anticipated litigation matters, including Welland v. County of Santa Barbara, Kubander v. County of Santa Barbara, County of Santa Barbara v. Zinke, County of Santa Barbara v. Pacific Regional Director, Bureau of Indian Affairs, an eminent domain case involving Funk Youth Hostel, and two other anticipated litigation matters. Upon returning to open session, the Board reported that there were no reportable actions taken during the closed session.

Adjournment

  • The meeting was adjourned at 6:35 p.m. The next meeting was scheduled for October 10, 2017, in Santa Maria.