Board of Supervisors — 2017-10-17October 17, 2017

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 17, 2017

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Meeting Summary

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At a glance

Honorary Resolutions

  • The Board approved resolutions proclaiming Flood Preparedness Week and Red Ribbon Week.
  • A FEMA workshop was announced for October 26 to present new flood insurance rate maps.
  • The resolutions highlighted the importance of flood preparation and drug abuse prevention.

Property Tax Assessment Appeals Resources

  • The Board approved approximately $1 million in additional funding to address a surge in high-value assessment appeals.
  • Staff noted that current procedural rules and resource allocation are outdated for complex cases.
  • A condition was attached requiring a follow-up report on expenditures and case resolution in six weeks.

Nomad Village Mobile Home Park Arbitration Award

  • The Board affirmed four specific arbitrator awards regarding rent control disputes and fee payments.
  • A procedural motion limited the Board’s consideration to the existing record and treated public comments as argument.
  • The Board discussed the basis for A&E fee awards and the inclusion of attorney’s fees in operating expenses.

Medical Marijuana Regulations / Article 10 Amendments

  • The Board declined to adopt the proposed ordinance establishing legal non-conforming status for medical marijuana operations.
  • Staff directed to return in November with further ideas, including options for interim solutions and factual letters for the state.
  • Supervisors expressed concerns about the complexity of the process and its potential impact on enforcement actions.

Olsen Trust Appeal

  • The Board continued the appeal of a single-family dwelling demo-rebuild project to the December 5, 2017, meeting.

Camp Four Memorandum of Agreement

  • The Board continued the memorandum of agreement with the Sanchez Band of Chumash Indians to the October 31, 2017, special meeting.
  • Public comment raised concerns regarding potential conflicts of interest and appearance of impropriety.
  • Supervisor Williams clarified the use of campaign contributions for public safety improvements.

Tohigo Resource Recovery and Conference Plan Amendment

  • The Board approved the item and set a hearing for November 7 to consider the revised plan amendment.
  • Commenters requested deferral of the hearing to allow for more disclosure and review of CEQA documents.
  • Concerns were raised regarding the Materials Recovery Facility and anaerobic digester in light of changing market conditions.

CEO’s Report (Emergency Alerting System)

  • Staff presented an update on the Wireless Emergency Alerts system and the "Aware and Prepare" sign-up process.
  • Supervisors discussed the need for better GIS mapping for evacuation zones and communication protocols.
  • Questions were raised regarding the tracking of vulnerable populations and the importance of landlines for 911 calls.

Fire Response and Evacuation Planning

  • Staff reported that the fire situation was calming due to weather but noted unprecedented fire behavior.
  • A representative requested that the Board direct staff to present on evacuation planning and traffic flow metrics.
  • Concerns were raised regarding evacuation capacity on Highway 192 and the San Antonio Creek Road corridor.

Full summary

Agenda Item: Minutes of October 10, 2017

  • Discussion: No discussion was recorded.
  • Motion: A motion was made and seconded to approve the minutes.
  • Decision: The motion passed.

Agenda Item: Honorary Resolutions (Items A-19, A-20, A-21)

  • Item A-20 (Flood Preparedness Week): Sponsored by Supervisor Hartman, this resolution proclaimed the week of October 21–28, 2017, as Flood Preparedness Week. The resolution cited the history of flooding in the county, the importance of preparation, and the availability of federal flood insurance discounts due to the county’s standing in the Community Rating System. A board member acknowledged the recognition and announced a FEMA workshop scheduled for October 26 in the Santa Barbara South County Boardroom to present new flood insurance rate maps affecting coastal areas.
  • Item A-21 (Red Ribbon Week): Sponsored by Supervisor Williams, this resolution proclaimed October 23–31, 2017, as Red Ribbon Week. The resolution highlighted the campaign’s focus on drug abuse prevention, its national participation, and its origin in honoring DEA agent Enrique "Kiki" Camarena.
  • Item A-19: No specific details were recorded in the provided text.
  • Motion: A motion was made and seconded to approve Resolutions A-19, A-20, and A-21.
  • Decision: The motion passed.

Agenda Item: Property Tax Assessment Appeals Resources (Item 8 / A-8)

  • Discussion: The Board discussed a request for approximately $1 million in additional funding for full-time equivalents (FTEs) and extra help to address a surge in high-value property tax assessment appeals, including oil, gas, and hotel cases. County Counsel noted that current procedural rules and the $30 million trigger for complex cases are outdated and that resources have been reallocated to handle the cases. Supervisor Williams requested additional data on the volume, value, and nature of appeals to better understand the magnitude of the issue, noting conflicting information regarding historical appeal numbers. A board member noted that the clerk’s office database can generate reports of property cases valued over $30 million, including single-family residences, hotels, and commercial/industrial properties.
  • Motion: A motion was made and seconded to approve the funding request, with a condition that staff provide a follow-up report in six weeks regarding expenditures and case resolution.
  • Decision: The motion passed unanimously.

Agenda Item: Nomad Village Mobile Home Park Arbitration Award (Item 2)

  • Discussion: The Board reviewed the arbitrator’s opinion and award, revised on remand, dated March 13, 2017, concerning rent control disputes between Nomad Village mobile home owners and park management. Staff recommended affirming four specific awards (5, 7, 8, and 13) on the grounds that the arbitrator did not abuse his discretion. The awards included amortization of temporary rent increases, payment of professional fees ($25,000), payment of architectural/engineering (A&E) fees ($40,000), and specific permanent and temporary rent increase amounts.
  • Procedural Framework: A procedural motion was made to limit the Board’s consideration to the existing record and treat public comments as argument rather than new evidence, harmonizing Mobile Rent Control Rules 13 and 23 with the Brown Act. This motion passed.
  • Specific Awards: The Board discussed the basis for the $40,000 A&E fee award (Award Number 8), questioning documentation of pass-through costs and the arbitrator’s reasoning for the specific amount. Supervisors discussed the principle of including attorney’s fees in operating expenses, noting previous disagreements and remands on this issue. An attorney representing Park Management urged the Board to adopt the findings and awards, stating they were well-reasoned and supported by the record.
  • Scheduling: The Board agreed to trail the item to a later time in the afternoon to accommodate the attorney’s schedule.
  • Motion: A motion was made and seconded to affirm the arbitrator’s awards.
  • Decision: The motion passed 3-2.

Agenda Item: Medical Marijuana Regulations / Article 10 Amendments (Item 3)

  • Discussion: The Board heard a presentation on a staff proposal to amend Article 10 of the Zoning Code regarding medical marijuana cultivation. The proposal aimed to establish a process to determine "legal non-conforming" status for operations existing as of January 19, 2016, and provide for the termination of that status, requiring sites to obtain county permits or cease operations. Non-conforming status would terminate six months after the operative date of new regulations or one year from the effective date, whichever is later. The Planning Commission would be the review authority for non-conforming status determinations.
  • Public Comment: Commenters raised concerns about the criteria for legal non-conforming status, the timeline for state licensing, and the need for temporary permits or expedited processes to maintain compliance. Some argued the process was "backward-looking" and redundant, suggesting a focus on interim licensing that aligns with draft ordinance long-term compliance goals. Others expressed support for hoop houses and stated operators are attempting to comply with regulations.
  • Staff Clarification: Staff clarified that Santa Barbara County’s situation is unique due to Article 10. They noted that if the county does not respond to state inquiries regarding local authorization, the presumption is that the operation is legal, and the state may issue a license. Staff described the current amendment as an interim measure for those in enforcement or the coastal zone who can demonstrate legal status and seek temporary state licenses.
  • Board Concerns: Supervisors discussed the complexity of the issue, the impact of state regulatory changes, and the resources required for enforcement and review. Supervisor Wolf expressed concern that the process does not address the core problem of nuisance abatement and could delay enforcement actions. Supervisor Lavagnino questioned the process for determining legal non-conforming status, noting it requires proof of pre-existing status, distance from schools, and non-profit status. He raised concerns about the potential for a high volume of applications and the time required for staff to process them.
  • Motion: A motion was made and seconded to not adopt the proposed ordinance at this time and to separate the termination of non-conforming uses from the adoption of the ordinance, directing staff to return in November with further ideas, including options for an interim solution such as a land use consult process and factual letters to provide to the state.
  • Decision: The motion passed.

Agenda Item: Olsen Trust Appeal (Item 1)

  • Discussion: The Board considered an appeal of the Montecito Planning Commission’s approval of a single-family dwelling demo-rebuild project.
  • Motion: A motion was made and seconded to continue the item to the December 5, 2017, meeting.
  • Decision: The motion passed.

Agenda Item: Camp Four Memorandum of Agreement (Item 4)

  • Discussion: The Board considered a memorandum of agreement between Santa Barbara County and the Sanchez Band of Chumash Indians regarding Camp Four. A subcommittee had requested a continuance. Public comment was received raising concerns regarding a conflict of interest and appearance of impropriety involving Supervisor Doss Williams, citing campaign contributions from the Chumash and their affiliates. The commenter called for recusal and an investigation by the District Attorney and expressed opposition to the agreement. Supervisor Williams clarified that the contribution was used for the Isla Vista Community Services District election to improve public safety.
  • Motion: A motion was made and seconded to continue the item to the special meeting of October 31, 2017.
  • Decision: The motion passed.

Agenda Item: Tohigo Resource Recovery and Conference Plan Amendment (Item A-18)

  • Discussion: The Board set a hearing for November 7 to consider the revised Tohigo Resource Recovery and Conference Plan Amendment to the Waste Disposal Facility Overlay in the 3rd District. Public comment was received from a representative for the Gaviota Coast Conservancy requesting that the Board defer the hearing to January and direct staff to provide more disclosure of information, citing a 450-page CEQA addendum, unresolved comments, and issues related to the California red-legged frog, coastal zone enforcement, solid waste disposal, and financial oversight. Another commenter argued that China’s ban on importing recyclables renders the Materials Recovery Facility (MRF) pointless and that carbon farming renders the anaerobic digester moot, requesting that the Board delay the November 7 hearing and allow for full disclosure of information.
  • Motion: A motion was made and seconded to approve Item A-18.
  • Decision: The motion passed.

Agenda Item: CEO’s Report (Emergency Alerting System)

  • Discussion: Staff presented an update on the county’s emergency alerting capabilities, specifically regarding the Wireless Emergency Alerts (WEA) system and the "Aware and Prepare" sign-up process. Supervisors discussed the importance of public awareness, the distinction between Nixle and Aware and Prepare, and the need for better GIS mapping for evacuation zones. Questions were raised regarding communication protocols with the PIO, media partners, and the tracking of vulnerable populations (elderly, disabled) during evacuations. A commenter highlighted the importance of landlines due to decreasing cell phone location accuracy for 911 calls and asked how many people are signed up for the Aware and Prepare alerts system.
  • Motion: No formal motion was recorded.
  • Decision: No vote was taken.

Agenda Item: Fire Response and Evacuation Planning

  • Discussion: Staff provided an update on fire response efforts, noting a strike team of 30–40 personnel and eight fire trucks in the affected area. It was reported that the situation was calming due to weather, but the fire behavior was described as unprecedented due to the density of structures and lack of vegetation. A representative for Friends of Mission Canyon and San Antonio Creek Homeowners Association raised concerns about evacuation capacity, specifically regarding Highway 192 and the San Antonio Creek Road corridor. They requested that the Board direct staff, the Sheriff, and OEM to present on planning and exercises for evacuation, including technological metrics for traffic flow.
  • Motion: No motion was recorded.
  • Decision: No vote was taken.

Agenda Item: Public Comment (General)

  • Discussion: Public comment was received regarding various topics, including allegations of unlawful placement and isolation of a dependent adult by Tri-Counties Regional Center, promotion of Red Ribbon Week, and concerns regarding cannabis regulations. Speakers discussed the impact of state licensing timelines on local medical marijuana cultivators, requesting expedited processes or temporary licenses to maintain legal non-conforming status. Other comments addressed fire safety alerts, property tax assessment appeals, and the conservatorship system. A commenter offered condolences for the firefighter who lost his life in the line of duty. A commenter expressed concern that delays in resolving revenue issues would impact vital county services and urged the Board to move forward with positions to secure revenue. A commenter raised issues regarding conservatorships; the Board acknowledged the testimony and noted that while they cannot overrule the courts, the issues raised have been helpful in their review of the system. A commenter asked about the notice given to residents regarding the meeting.
  • Motion: No motion was recorded.
  • Decision: No vote was taken.

Adjournment

  • The meeting was adjourned. The next meeting is scheduled for a special session on October 31, 2017.