Board of Supervisors — 2019-02-05February 5, 2019

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 February 5, 2019

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Meeting Summary

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At a glance

CEO’s Report and Recognitions

  • The CEO recognized county staff and partner agencies for their work during recent storms and evacuation efforts.
  • The board recognized Fire Chief Mike Dyer for his service as interim chief.

Resolutions (A1–A3)

  • The board approved proclamations for Black History Month and National Children’s Dental Health Month.
  • The board commended the District Attorney’s Domestic Violence Investigations Training Team as Employees of the Month.

Montecito Debris Flow Protection Plan Emergency Permit

  • A representative of the Urban Creeks Council expressed concerns about the environmental impact of debris nets.
  • The commenter alleged that the regulatory process was bypassed during the permit issuance.

California Coastal Commission Conditional Certification

  • A representative of alternative transportation groups raised concerns regarding the Highway 101 HOV amendment.
  • The commenter questioned the alignment of the bike and pedestrian coastal trail at Rincon Park and in the Summerlin community.

Donation of Winnebago Hostage Negotiation Vehicle

  • Supervisor Adam requested to pull the item for discussion to clarify the nature of the transaction.
  • A former undersheriff clarified that the vehicle is a donation rather than a purchase, explaining that the documentation was a quote used to affirm value.

State Water Project Contract and Kachuma Project Water Service Contract Renewal

  • Staff presented the assignment of the State Water Project contract to the Central Coast Water Authority to align decision-making with financial responsibility.
  • The board directed staff to renew the Kachuma Project water service contract with the Bureau of Reclamation.
  • The board voted to continue discussions and negotiations regarding the State Water contract assignment and directed staff to analyze the issues.

Planning and Development – Appeal Case No. 18-APL-19 (North Fork Ranch Frost Ponds Project)

  • The board denied the appeal and required the preparation of an Environmental Impact Report for the frost protection ponds project.
  • The matter was continued to a future date to allow for the preparation of findings, tentatively scheduled for March 5.

Public Safety Radio System Replacement Project

  • Staff presented a proposal to upgrade the Land Mobile Radio system to digital with an estimated total cost of $48.68 million.
  • The board approved the recommendations to authorize the agreement for Phases 3 and 4 and determined the project is not subject to CEQA.
No decision 0–0

Closed Session

  • The board considered public employee appointments and litigation matters in closed session.
  • Staff reported that there were no reportable actions taken during the closed session.

Full summary

Meeting Opening and Roll Call

  • The Santa Barbara County Board of Supervisors meeting for February 5, 2019, was called to order. Roll call was taken, and all supervisors were present.

Approval of Minutes

  • A motion was made and seconded to approve the minutes of the previous meeting. The motion passed unanimously.

Public Comment (Items Not on Agenda)

  • Two members of the public addressed the board regarding items not on the agenda. One speaker discussed a dispute with the Planning and Development Department regarding a second-story addition, alleging changes to design requirements and billing issues. Another speaker expressed concern about the scheduling of closed sessions delaying public comment and raised questions about the pace of debris removal and dredging efforts in Montecito compared to private sector efforts. Board staff responded that Public Works and General Services are balancing costs for debris basin cleaning with other projects and that the Randall Road Basin project is being pursued independently of FEMA applications. The Chair noted that the current scheduling arrangement for closed sessions was likely a one-time occurrence due to specific agenda items.

Closed Session

  • The board entered closed session to consider four matters: public employee appointments concerning the Planning and Development Director and the Human Resources Director, and litigation involving Homar v. State of California and County of Santa Barbara v. Plains Pipeline. Upon reconvening, staff reported that there were no reportable actions taken during the closed session.

CEO’s Report and Recognitions

  • The CEO provided a report recognizing county staff and partner agencies for their work during recent storms and evacuation efforts, extending thanks to the National Weather Service, local storm risk team, Cal OES, the National Guard, and various county departments. The board also recognized Fire Chief Mike Dyer for his service as interim chief.

Resolutions (A1–A3)

  • A motion was made and seconded to approve Resolutions A1 through A3. The motion passed unanimously.
  • Item A1: Black History Month Proclamation: Sponsored by Supervisors Williams and Adam, this resolution proclaimed February 2019 as Black History Month in Santa Barbara County, acknowledging the history of African Americans in the U.S. and the county. Three individuals were honored: Alvin Wallace, Mary Hutchinson, and DeAndre Wiley.
  • Item A2: National Children’s Dental Health Month Proclamation: Sponsored by Supervisor Hartman, this resolution proclaimed February 2019 as National Children’s Dental Health Month, highlighting the importance of oral health and noting education efforts by the Public Health Department and County Office of Education.
  • Item A3: Employee of the Month Commendation: Sponsored by Chair Lavagnino, this resolution commended the District Attorney’s Domestic Violence Investigations Training Team as the February 2019 Employees of the Month for creating a domestic violence investigations training video.

Administrative Agenda (A9, A10, A15, and Balance)

  • Item A9: Montecito Debris Flow Protection Plan Emergency Permit: Public comment was received from a representative of the Urban Creeks Council, who expressed concerns about the environmental impact of debris nets and alleged that the regulatory process was bypassed.
  • Item A10: California Coastal Commission Conditional Certification: Public comment was received from a representative of alternative transportation groups regarding the Highway 101 HOV amendment, raising concerns about the alignment of the bike and pedestrian coastal trail at Rincon Park and in the Summerlin community.
  • Item A15: Donation of Winnebago Hostage Negotiation Vehicle: Supervisor Adam requested to pull this item for discussion. A former undersheriff clarified that the vehicle is a donation, not a purchase, explaining that documentation resembling a sales contract was a quote used to affirm the value of the donation. Supervisor Hartman expressed concern about the confusing packaging of the item but did not request a separate vote.
  • Balance of Administrative Agenda: A motion was made and seconded to approve the balance of the administrative agenda. The motion passed unanimously.

Item D1: State Water Project Contract and Kachuma Project Water Service Contract Renewal

  • Staff presented a report on two water-related issues: the assignment of the State Water Project contract from the Santa Barbara County Flood Control and Water Conservation District to the Central Coast Water Authority (CCWA), and the renewal of the Kachuma Project water service contract with the Bureau of Reclamation.
  • State Water Project Contract Assignment: Staff explained that CCWA has held financial responsibility for state water costs since 1991. CCWA’s Executive Director presented the history of the contract, noting that assignment would align decision-making authority with financial responsibility and relieve the county of liability. CCWA member agencies have unanimously approved the assignment, and the State Department of Water Resources has agreed to it.
  • Kachuma Project Contract Renewal: Staff reported on the renewal of the Kachuma Project water service contract, noting the current 25-year term is nearing its end. The board directed staff to renew the contract.

Public Comment and Discussion (Item D1)

  • Seven individuals provided public comment regarding the potential reassignment of the State Water Project contract. Comments included support from Montecito Water District and the City of Santa Barbara, and opposition from the California Water Impact Network, Goleta Water District, and Committees for Land, Air, Water, and Species. The City of Santa Maria and San Diego River Water Conservation District/ID1 recommended allowing the reassignment or inclusive negotiations.
  • The board discussed the transparency of CCWA versus the County, the weighted voting structure of CCWA, and potential financial liabilities. Staff clarified that an express release of liabilities signed by the Department of Water Resources is possible and included in draft documents.

Motion and Vote (Item D1)

  • A motion was made to continue discussions and negotiations regarding the State Water contract assignment, directing staff to analyze the issues and bring back a report, and determining that the item is not a project under CEQA. The motion was seconded and passed unanimously.

Item D2: Planning and Development – Appeal Case No. 18-APL-19 (North Fork Ranch Frost Ponds Project)

  • Supervisors disclosed ex parte meetings with the applicant and appellant. Staff presented an appeal of the Planning Commission’s determination that an Environmental Impact Report (EIR) is required for the North Fork Ranch Frost Protection Ponds Project, which involves the construction of three water storage reservoirs for frost protection of vineyards in the Cuyama Valley. The appeal issues concerned water use, biological resources, and flooding.

Testimony and Discussion (Item D2)

  • The applicant/appellant argued that the Mitigated Negative Declaration (MND) adequately evaluated impacts and that an EIR is not required. Appellants and public commenters supporting the EIR cited the Cuyama Valley’s status as a critically overdrafted groundwater basin and potential impacts on biological resources. Public commenters opposing the EIR argued that reservoirs improve irrigation efficiency and that requiring an EIR would impose an undue burden on the farming industry.
  • The board discussed the threshold for evaporation losses, the scope of the review, and the legal standard under CEQA.

Motion and Vote (Item D2)

  • A motion was made to adopt Option 1: Deny the appeal and require the preparation of an Environmental Impact Report (EIR). The motion was seconded and passed. The board voted unanimously to continue the matter to a future date to allow for the preparation of findings, tentatively scheduled for March 5.

Item D3: Public Safety Radio System Replacement Project

  • Staff presented a report regarding the assessment of the county’s current radio communications environment and the proposed upgrade to a countywide shared digital system. The proposal includes upgrading the Land Mobile Radio (LMR) system to digital, expanding the radio backbone, and upgrading dispatch center equipment. The estimated total cost for the project was stated as $48.68 million. Staff requested the Board to receive and file the Federal Engineering report, authorize the agreement for Phases 3 and 4 (technical and architectural design), and determine that the project is not subject to CEQA.
No decision 0–0

Discussion (Item D3)

  • Board members inquired about the necessity of maintaining an analog system for interoperability and the funding approach for the project. Staff confirmed that analog VHF is retained for compatibility with mutual aid partners and that funding options would be developed and presented as an agenda item during the upcoming budget workshop.

Motion and Vote (Item D3)

  • A motion was made to approve and move forward with the recommendations. The motion was seconded and passed unanimously.

Adjournment

  • The Chair announced the next meeting date as February 12th in Santa Maria and adjourned the meeting.