Board of Supervisors — 2018-05-08May 8, 2018

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 May 8, 2018

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Meeting Summary

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At a glance

Routine Resolutions and Recognitions (A15–A18)

  • The Board approved proclamations for Water Awareness Month, National Foster Care Month, and Older Americans Month.
  • The Board commended William Bill Shinn for donating the sculpture La Fleur de Bonaire to the Santa Maria Valley Sustainable Garden and Allan Hancock College.
  • Representatives from social services, senior citizen commissions, and the college were present to acknowledge the recognitions.

Green Business Program Recognition

  • The Board accepted the recertification of the North County Public Works Service Center on Foster Road.
  • Program staff acknowledged the efforts of employees Kalani Durham and John Karamitsos in maintaining environmental standards.

Renewable Energy Systems Proposal (Item A6)

  • Staff presented a proposal for solar, battery storage, and HVAC upgrades at the Santa Maria Service Center and Fire Station 12 to improve resiliency and reduce costs.
  • The Board approved the staff recommendation with the condition that staff return within two months to consider approving financing.
  • Supervisors requested information on union shop proposals and a survey of county employees regarding electric vehicle charging demand.

Cannabis Amendments to Right to Farm Ordinance (Item A7)

  • The Board approved recommendations for cannabis amendments to the Right to Farm Ordinance, excluding uniform rules for ag preserves.
  • Discussion focused on the role of the Planning and Development department in compliance and the status of the Treasurer-Tax Collector’s bank account for the fund.

Santa Barbara County Employees Retirement System Report (Item D1)

  • The Board received the annual report for the fiscal year ending June 30, 2017, noting a portfolio return of just under 7.6%.
  • The report indicated a decrease in unfunded liability by $116 million and an increase in the OPEB funded ratio to 9.5%.
  • Staff confirmed that recent agreements with specific entities were factored into the financial presentation.

Santa Maria Groundwater Basin Fringe Basin Boundary Modification (Item D2)

  • The Board adopted a resolution supporting the removal of certain fringe areas from the Bulletin 118 basin boundary due to bedrock or lack of wells.
  • The Board also expressed support for a similar boundary modification by the County of San Luis Obispo for the Ziegler Canyon area.
  • One supervisor recused himself from the item citing a pending conflict of interest determination regarding groundwater well usage.

Proposed Capital Projects for County Financing (Item D3)

  • The Board accepted staff recommendations to direct further review of capital projects with the Debt Advisory Committee.
  • Specific allocations were made for Kachuma Lake Park infrastructure and a future building purchase, while requests were made for recommendations on main jail renovations.
  • Staff were directed to work with relevant parties to ensure safety and security at the Santa Maria facility and to report on state discussions regarding safety issues.

Appeal of Alampoc Stone Mining Area Expansion Vesting Determination (Item D5)

  • The Board adopted the staff recommendation regarding the vesting determination and reclamation plan for the Alampoc Stone Mining Area.
  • The decision addressed the applicant's claim of vested rights prior to 1958 and opposing arguments regarding the need for a Conditional Use Permit.
  • Staff findings noted no Class 1 wildlife impacts but identified potentially significant impacts on aesthetics, air quality, and biological resources.

Closed Session

  • The Board reported on a conference with legal counsel regarding a case of significant civil litigation exposure.
  • The Board also reported on a conference with labor negotiators for all bargaining units.

Full summary

Agenda Item: Routine Resolutions and Recognitions (A15–A18)

  • Discussion: The Board considered four resolutions. Item A15 proclaimed May 2018 as Water Awareness Month. Item A16 recognized May 2018 as National Foster Care Month, highlighting the role of resource families; the Scott family and Amy Krueger, Deputy Director of Social Services, were present. Item A17 proclaimed May 2018 as Older Americans Month, acknowledging contributions of older adults and noting a celebration event; Joyce Ellen Lipman from the Central Coast Commission for Senior Citizens was present. Item A18 commended William Bill Shinn for donating the sculpture La Fleur de Bonaire to the Santa Maria Valley Sustainable Garden and Allan Hancock College for its restoration; Jean Shin and John Hood from Allan Hancock College were present.
  • Action: A motion was made to approve items A15 through A18. The motion was seconded.
  • Vote Outcome: Passed.

Agenda Item: Green Business Program Recognition

  • Discussion: Frances Gilliland, Program Director of the Green Business Program, presented a certification for the recertification of the North County Public Works Service Center on Foster Road. She acknowledged the work of employees Kalani Durham and John Karamitsos in maintaining the standards.
  • Action: The Board accepted the recognition.
  • Vote Outcome: N/A (Recognition item).

Agenda Item: Renewable Energy Systems Proposal (Item A6)

  • Discussion: Staff presented recommendations regarding a Renewable Energy Systems Proposal from Andalus Energy for the Santa Maria Service Center (referred to as Beverly Avia campus in some segments) and Fire Station 12. The projects include solar photovoltaic systems, battery storage, and HVAC upgrades aimed at moving facilities toward zero net energy, improving resiliency, and reducing utility costs. Public comments included support from the Community Environmental Council, which highlighted potential savings of over $9.9 million over 25 years and improved resiliency, and questions from CoLab regarding the financial math, borrowing for maintenance items, and the necessity of the projects compared to greenhouse gas credits. Supervisors discussed the payback period, interest rates, and the potential use of adjacent lots for temporary parking during construction. One Supervisor requested that the Board return in two months to consider approving financing and asked for information on union shop proposals and a survey of county employees regarding electric vehicle charging demand.
  • Action: A motion was made to approve staff’s recommendation, with the condition that staff return to the Board within two months to consider approving financing. The motion was seconded.
  • Vote Outcome: Passed.

Agenda Item: Cannabis Amendments to Right to Farm Ordinance (Item A7)

  • Discussion: Staff presented recommendations regarding cannabis amendments to the Santa Barbara County Right to Farm Ordinance, excluding uniform rules for ag preserves or farmland security zones. Public comments included questions from CoLab regarding the involvement of the Planning and Development (P&D) department in compliance and enforcement, and concerns about renewal fees. Supervisors discussed the role of P&D in the licensing regime and the need for clarification on the Treasurer-Tax Collector’s progress in opening a bank account for the fund.
  • Action: A motion was made to approve the recommendations. The motion was seconded.
  • Vote Outcome: Passed (4-1).

Agenda Item: Santa Barbara County Employees Retirement System Report (Item D1)

  • Discussion: Greg Levin, CEO of SBCERS, presented the annual report for the fiscal year ending June 30, 2017. The presentation covered the pension fund, noting an average pensionable compensation of $81,840, a portfolio return of just under 7.6%, and a decrease in unfunded liability by $116 million to $901 million. The OPEB (Retiree Health Care) plan balance was just over $11 million, with a funded ratio increasing from 5.7% to 9.5%. A board member asked if recent agreements with entities 620 and 721 were factored into the presentation; staff confirmed they were.
  • Action: A motion was made to receive and file the presentation. The motion was seconded.
  • Vote Outcome: Passed.

Agenda Item: Santa Maria Groundwater Basin Fringe Basin Boundary Modification (Item D2)

  • Discussion: Acting as the Board of Directors of the Water Agency, the Board considered recommendations regarding the Santa Maria Groundwater Basin Fringe Basin Boundary Modification. Staff requested approval to remove certain fringe areas from the Bulletin 118 basin boundary, citing that these areas are underlain by bedrock, have no groundwater wells, or are managed under an existing adjudication. Staff also requested board support for a similar modification by the County of San Luis Obispo for the Ziegler Canyon area. Supervisor Lavinino recused himself from the item, citing a pending conflict of interest determination by the FPPC regarding his family’s use of groundwater wells in the adjudicated basin.
  • Action: A motion was made to receive and file the report, adopt the resolution supporting the basin boundary modification, and make the CEQA determination. The motion was seconded.
  • Vote Outcome: Passed (3 ayes, 1 no, 1 abstention).

Agenda Item: Proposed Capital Projects for County Financing (Item D3)

  • Discussion: Staff presented an overview of the Capital Improvement Program (CIP), noting approximately $330 million in unfunded projects against a proposed package of $25 million for the current cycle. Projects discussed included the Chi Rial water system replacement, courthouse roof replacement, public safety radio tower, Kachuma Lake Park infrastructure, Santa Barbara Probation Department headquarters, and renewable energy programs. Significant discussion occurred regarding the South County Jail renovations (Priority 1) and the main jail renovations, with estimates ranging from $25 million to $65 million. The Santa Maria property currently housing the DA and Public Defender was discussed, with concerns raised about safety, security, and deteriorating conditions. Matt Nicola, Chief Deputy DA, presented concerns regarding the Santa Maria Court Complex, including security issues and maintenance liabilities, urging prioritization of relocation. Public comments included criticism from CoLab regarding borrowing for maintenance items and concerns about public safety and homelessness issues affecting the DA/Public Defender facility. Supervisors discussed the need to refine estimates and return to the Debt Advisory Committee (DAC).
  • Action: A motion was made to accept staff’s recommendations and direct staff to return after reviewing the items with the Debt Advisory Committee. The motion included specific allocations: $4 million for Kachuma Lake Park infrastructure, $2 million for future building purchase, and a request for recommendations on main jail renovations. The motion also directed staff to work with relevant parties to ensure safety and security at the Santa Maria facility and to report back on discussions with the state regarding safety issues. The motion was seconded.
  • Vote Outcome: Passed.

Agenda Item: Appeal of Alampoc Stone Mining Area Expansion Vesting Determination (Item D5)

  • Discussion: The Board considered an appeal by Chip Wolbrant, attorney for Sepulveda Building Materials, of the Planning Commission’s deemed denial of the Alampoc Stone Mining Area Expansion Vesting Determination and Reclamation Plan revision. The applicant argued that vested rights require objective, tangible evidence of intent to mine prior to the enactment of County Ordinance 971 (effective September 29, 1958). The applicant presented photographic and map evidence, including a 1959 USGS topo map and an August 12, 1958 aerial photo, and cited a 1998 approval for the mining reclamation plan that included the total acreage of the relevant assessor’s parcels. Opposing parties, including Pierre Labarge and Mark Chatillo, argued that the applicant failed to prove intent to mine the specific 28-acre expansion area in 1958, citing the Hansen Brothers case law and noting that 1958 aerial photos showed only low-scale operations. They contended that a Conditional Use Permit (CUP) and full environmental review should be required to address visual impacts on Highway 1 and the Lompoc Valley. Staff presented findings on wildlife and visual impacts, noting the project had no Class 1 wildlife impacts and that the Mitigated Negative Declaration (MND) identified potentially significant impacts on aesthetics, visual resources, air quality, biological resources, cultural resources, geologic resources, and hazardous materials. Supervisors discussed the legal standards for vesting rights, the "diminishing asset doctrine," and the burden of proof on the applicant.
  • Action: A motion was made to adopt the staff recommendation regarding the vesting determination and reclamation plan. The motion was seconded.
  • Vote Outcome: Passed (3-2).

Agenda Item: Closed Session Report

  • Discussion: The Board reported on two items from closed session: a conference with legal counsel regarding a case of significant civil litigation exposure, and a conference with labor negotiators for all bargaining units.
  • Action: No reportable actions were taken.
  • Vote Outcome: N/A.