Meeting Summary
This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.
At a glance
Closed Session Report
- The Chair requested a report from closed session.
- It was reported that there was no reportable final action from closed session.
- The board intended to continue closed session into the wash hour.
Administrative Agenda Modifications
- Item A40 regarding the appointment of Yvonne Bailey was withdrawn to be brought back at a later date.
- A correction was noted for Item A35, changing the term end date for Alex Rodriguez to July 30, 2013.
- The board agreed to take a separate vote on Item 820 regarding Conflict of Interest Code amendments.
- Item D11 was accepted as an administrative item, with staff directed to return with a more comprehensive discussion on mitigation fees.
- Supervisor Carbajal recused herself from the vote on Item A20 due to a disclosed conflict of interest.
Resolutions
- The board adopted resolutions recognizing the Child Support Establishment Team, Denny Anderson, and 2-1-1 Awareness Day.
- The board adopted a resolution proclaiming January 12, 2011, as a Day of Remembrance for Haiti.
- Item A5 regarding Black History Month was scheduled for a time certain, with public comment received prior to the scheduled action.
Board Member Reports
- Supervisors reported on participation in welfare fraud investigations, advocacy trips to Washington, D.C., and attendance at various community and agency meetings.
- Members noted the passing of former officials and community members, including Don Lair and Russ Hicks.
- The Chair reported on state staff cuts and realignment issues discussed at the CSAC Executive Committee meeting.
Budget Discussion
- The board discussed the format for a proposed March 22 budget workshop, weighing specific program impacts against general informational updates.
- The CEO proposed a presentation on March 1 to update the board on revenue and cost anticipations.
- The board agreed to hear the March 1 presentation and would decide at that time whether to hold a special meeting on March 22.
Public Comment
- Commenters addressed allegations of racism in the Alcohol, Drug, and Mental Health Department and conditions at Central Coast Nursing Center.
- Speakers raised concerns regarding visitor restrictions in elder care facilities and the treatment of vulnerable populations.
- A representative from COLAB criticized the budget process and suggested exploring revenue increases by reducing traffic impact fees.
- Staff proposed amending the March meeting calendar to hold the first meeting in Santa Maria to accommodate time-sensitive land use items.
Closed Session Amendment (Subrogation Litigation)
- The County Attorney requested an amendment to the closed session agenda to discuss a statutory settlement offer in Ricardez v. McCorkindale.
- The offer was received after the agenda was published, necessitating the amendment.
- A motion was made and passed to amend the closed session agenda to allow discussion of this item.
Agenda Item 1: Planning and Development Department – Coastal Commission Action on Land Use and Development Code (LUDC)
- Staff presented potential compromises on cultivated agriculture, grazing, primary residences, animal keeping, and private bluff stairways.
- Public commenters expressed varying views on local control and the need for a certified LUDC.
- The board discussed procedural options, including accepting, rejecting, or resubmitting a new amendment.
- A motion was made and passed to reject the Coastal Commission’s certification and direct staff to start a public process to address the issues.
Agenda Item 2: Petroleum Code Amendment (High-Risk Operators)
- Staff presented a revised ordinance to address the regulation of high-risk petroleum operators, including changes to definitions and thresholds.
- Public commenters raised concerns regarding the definition of "risk," industry burden, and the deletion of the 45-consecutive-day trigger.
- The board discussed the economic impact of the regulations and the origin of the one-barrel threshold.
- A motion was made and passed to continue the hearing to allow staff to work with industry representatives and stakeholders to refine the ordinance language.
Agenda Item 3: Santa Barbara Ranch Inland Development Agreement
- Staff recommended acknowledging that the developer’s performance under the IDA is extended throughout the period of the Naples Coalition litigation.
- The board discussed the request to extend the development agreement due to ongoing litigation and the assignment of the agreement to First Bank.
- Public commenters presented varying perspectives on the staff recommendation.
- A motion was made and passed to continue the item to April 5, 2011, to allow staff and parties to clarify roles and responsibilities.
Agenda Item: Fiscal Year 2010-11 Second Quarter Budget and Financial Update
- The County Executive Office and Auditor-Controller presented the second-quarter financial report, noting a projected positive year-end variance of approximately $2.1 million in the General Fund.
- Supervisors asked questions regarding the projected positive variance, early retirement incentives, and the Social Services fund balance.
- Supervisor Gray raised the issue of the state’s $12 billion voter initiative and suggested the Board urge legislators to place the initiative on the June ballot.
- The board agreed to discuss the impact of the state budget and the voter initiative at the next meeting in February.
Staff Reports 1 and 2
- A motion was made to approve Staff Reports 1 and 2.
- The motion was seconded and passed.
Adjournment and Moment of Silence
- The Chair announced that the Board of Supervisors would adjourn in honor of Russ Hex, Don Lair, and Donna Yee.
- A moment of silence was observed for these individuals.
- The Chair noted that the Board would reconvene in two weeks.
Full summary
Closed Session Report
- The Chair requested a report from closed session. It was reported that there was no reportable final action from closed session and that the board intended to continue closed session into the wash hour.
Approval of Minutes (January 18, 2011)
- A motion was made and seconded to approve the minutes of January 18, 2011. The motion passed.
Administrative Agenda Modifications
- Item A40 (Appointment of Yvonne Bailey to Human Services Commission): A request was made to withdraw this item from the current agenda to be brought back at a later date. The item was withdrawn from the agenda.
- Item A35 (Appointment of Alex Rodriguez to Santa Barbara County Finance Corporation): A correction was noted regarding the term end date, which should read July 30, 2013, rather than 2014. The correction was noted for the record.
- Item 820 (Amendments to Conflict of Interest Code for Santa Barbara County Education Office): A request was made for the board to take a separate vote on this item. The request was noted.
- Item A9 (Resolution Honoring Dale and Michael Nieceson): It was noted for the record that this item was co-sponsored by Supervisor Farr.
- Item D11 (2009-2010 Mitigation Fee Act Annual Report): Discussion occurred regarding the disparity in development mitigation fees between the Goleta and Orchid Community Plan areas, the proportionality of fees, and the potential for waiving fees to incentivize commercial development. Staff confirmed that fee increases are automatic under current ordinances and that delaying action would not have immediate consequences, though staff would verify if development occurring before the increase would be subject to old fees. A motion was made to accept the report and direct staff to return with a more comprehensive discussion on fees. The motion passed. The item was accepted as an administrative item, with staff directed to provide further discussion on a departmental agenda.
- Item A20 (Conflict of Interest Disclosure): Supervisor Carbajal disclosed a potential conflict of interest due to service on the Classified Personnel Commission for the County Education Office and recused herself from the vote. A motion was made by Supervisor Farr, seconded by Supervisor Wolff. The motion passed.
Approval of Administrative Agenda
- A motion was made to approve the administrative agenda as modified. The motion passed.
Resolutions
- Item A1 (Resolution of Accommodation for Child Support Services Department Employees of the Month): The resolution recognized the Child Support Establishment Team for their service in opening approximately 4,000 new cases since July 2009 and increasing orders established by 10%. The resolution was passed and adopted.
- Item A3 (Resolution Recognizing Denny Anderson): The resolution recognized Denny Anderson upon his retirement from the Lompoc Chamber of Commerce and Visitors Bureau, noting his 15-year tenure as President and CEO and his contributions to community and economic development. The resolution was passed and adopted.
- Item A2 (Resolution Proclaiming February 11, 2011, as 2-1-1 Awareness Day): The resolution proclaimed February 11, 2011, as 2-1-1 Awareness Day in Santa Barbara County, recognizing the 2-1-1 resource line operated by Family Services Agency. The resolution was passed and adopted.
- Item A4 (Resolution Proclaiming January 12, 2011, as a Day of Remembrance for Haiti): The resolution declared January 12, 2011, as a day of remembrance for the people of Haiti and honored Direct Relief International for its contributions to relief efforts. The resolution was passed and adopted.
- Item A5 (Resolution Proclaiming February 2011 as Black History Month): The item was scheduled for a time certain at 11:45 AM. Prior to the scheduled time, public comment was received regarding the item. Supervisor Carbajal stated that she would address the conduct of a public commenter in relation to board protocols and free speech. No vote was taken in this segment; the item was scheduled for later action.
Board Member Reports
- Supervisor Lavagnino: Reported on participation in a welfare fraud investigative unit with the District Attorney’s office and probation officers. Also reported on the passing of former Santa Maria Mayor Don Lair.
- Supervisor Carbajal: Reported on a trip to Washington, D.C., to advocate for county priorities, noting productive meetings with Congress staff. Also reported on attending Supervisor Centeno’s retirement event and the services for Donnie Yee.
- Supervisor Farr: Reported on the passing of Russ Hicks, a long-time Buelton resident and public servant.
- Supervisor Wolff: Reported on attendance at SB CSRS and BEACON meetings, a gang task force event, and tours of the Indian Health Clinic and the Emergency Operations Center. Announced "Wear Red for Women Day."
- Chair: Reported on attendance at the CSAC Executive Committee meeting, noting state staff cuts and realignment issues. Announced the dedication of the Mayor Dick DeWeese Memorial Highway.
Budget Discussion
- The board discussed the proposal for a budget workshop or meeting on March 22, 2011. Views varied on whether the meeting should be a robust discussion of specific program impacts or a more general informational update on revenue shortfalls and priorities. The CEO stated that specific program impact recommendations would not be available by March 1 but could be available by March 22. The CEO proposed a presentation on March 1 that would update the board on revenue and cost anticipations, with a potential combined presentation on March 22 focusing on general service impact priorities rather than specific cuts. The board agreed to hear the presentation on March 1 and would decide at that time whether to hold a special meeting on March 22.
Public Comment
- Dr. Robert Johns: Addressed the board regarding allegations of racism within the Alcohol, Drug, and Mental Health Department and the board, calling for a general forum on racism.
- Edmund Finucane: Reported on conditions at Central Coast Nursing Center, alleging abuse and retaliation for reporting concerns, including an arrest for trespassing when attempting to visit residents.
- Lynn Hindren: Spoke in support of the previous commenter, expressing concern over free speech and the requirement for TB inoculations for visitors to elder care facilities.
- Brian Rosen: Spoke regarding the treatment of vulnerable populations, including the elderly in nursing homes and animals in factory farms. He expressed concern about restrictions on visitors in care facilities and called for public awareness of animal welfare issues.
- Patricia Rosen: Advocated for the right of nursing home residents to receive visitors, citing personal experience and the emotional well-being of residents.
- Andy Caldwell (COLAB): Criticized the budget process, arguing that the County Administrator lacks sufficient authority to manage departmental budgets effectively. He urged the Board to set clear budget-cutting guidelines and avoid "dog and pony show" tactics by department heads. He also suggested exploring revenue increases by reducing traffic impact fees.
- Staff (Waller): Proposed amending the March meeting calendar to hold the first meeting in Santa Maria and the second in Santa Barbara to accommodate time-sensitive land use items. Supervisor Carbajal supported the change due to a deadline in his district. The Board agreed to consider the amendment.
Closed Session Amendment (Subrogation Litigation)
- The County Attorney requested an amendment to the closed session agenda to discuss a statutory settlement offer received in the litigation Ricardez v. McCorkindale, which is set for trial on February 10. The offer was received after the agenda was published. A motion was made to amend the closed session agenda to allow discussion of this item. The motion was seconded and passed by a majority vote.
Agenda Item 1: Planning and Development Department – Coastal Commission Action on Land Use and Development Code (LUDC)
- Staff presented a continued hearing on the Coastal Commission’s suggested modifications to the county’s LUDC. Staff reported on recent discussions with Coastal Commission staff, noting potential compromises on cultivated agriculture (increasing cubic yard standards for grading exemptions), grazing (eliminating slope restrictions for grazing exemptions), primary residences (adopting a graduated approach to residential development area sizes), animal keeping (clarifying permit requirements), and private bluff stairways (allowing permits for repair/replacement of existing legal stairways).
- Public commenters expressed varying views. Some urged the Board to reject the modifications, citing concerns over local control, lack of public notice in staff negotiations, and inequities in rules regarding animal keeping and stairways. Others supported continued negotiations, viewing the staff discussions as forward motion and emphasizing the need for a certified LUDC.
- The Board discussed procedural options, including accepting, rejecting, or resubmitting a new amendment. Staff clarified that a resubmittal could be tied to the current suggested modification process or handled separately. Supervisors debated the regulatory specificity of the proposed modifications compared to other counties. Staff stated that this was a policy decision for the Board and declined to provide a specific recommendation without further discussion.
- A motion was made to reject the Coastal Commission’s certification and direct staff to start a public process to address the issues, incorporating the work of the relevant advisory committees. The motion was seconded. The motion passed.
Agenda Item 2: Petroleum Code Amendment (High-Risk Operators)
- Staff presented a revised ordinance amending Chapter 25 of the Petroleum Code to address the regulation of high-risk petroleum operators. The proposal included revising the definition and threshold for designating a high-risk operation, reducing the number of spills required for designation, adding a definition for "hazardous materials," clarifying the definition of "owner," and proposing a third threshold for high-risk designation. Staff noted that many comments considered the third threshold too low and offered the option to delete it or continue the hearing.
- Public commenters raised concerns regarding the definition of "risk," the burden on the industry, the lack of scientific support for new thresholds, and the deletion of the 45-consecutive-day trigger. Some urged the Board to work with the regulated community, while others suggested continuing the hearing for further discussion.
- The Board discussed the origin of the one-barrel threshold and the deletion of the 45-day consecutive day trigger. Staff explained that the previous language did not work well with the current notice of violation process. Supervisors discussed the economic impact of the regulations and suggested continuing the hearing to allow staff to meet with industry representatives.
- A motion was made to continue the hearing to allow staff to work with industry representatives and stakeholders to refine the ordinance language. The motion passed.
Agenda Item 3: Santa Barbara Ranch Inland Development Agreement
- Staff presented a hearing regarding the Inland Development Agreement (IDA) for the Santa Barbara Ranch project. Staff recommended that the Board acknowledge that the developer’s performance under the IDA is extended throughout the period of the Naples Coalition litigation and receive the staff report on the annual review of the developer’s compliance with the IDA. Staff noted that Section 10.06 of the IDA states that litigation attacking the validity of the agreement creates an excusable delay.
- The Board discussed the request to extend the development agreement due to ongoing litigation. Staff explained that Section 10.06 deems litigation to create an excusable delay, provided the developer requests an extension. Supervisor Farr raised questions regarding the assignment of the development agreement from the original developer to First Bank. Staff and legal counsel indicated that while the agreement can be assigned to a mortgage holder, no formal assignment document had been presented, but obligations run with the land.
- Public commenters presented varying perspectives, with some supporting the staff recommendation and others urging the Board to deny the extension or act cautiously.
- Supervisor Carbajal moved to continue the item for at least two to three weeks to allow staff, First Bank, and the original developer to clarify their roles and responsibilities. Supervisor Farr seconded the motion. The Board voted to continue the item. The motion passed. The item was continued to April 5, 2011.
Agenda Item: Fiscal Year 2010-11 Second Quarter Budget and Financial Update
- The County Executive Office and Auditor-Controller presented the second-quarter financial report as of December 31, 2010. Key points included a projected positive year-end variance of approximately $2.1 million in the General Fund, concerns regarding vehicle license fees and realignment revenue in the Health Care Fund, yellow status for Mental Health and Social Services funds due to state revenue payment delays and lower-than-projected revenues, and timing variances in Capital Funds. The report also addressed the state’s proposed FY 2011-12 budget deficit strategy and the impact of a potential voter initiative.
- Supervisors asked questions regarding the projected positive variance, the impact of early retirement incentives, the hiring freeze, and the Social Services fund balance. Staff provided explanations for these items. Supervisor Gray raised the issue of the state’s $12 billion voter initiative and suggested the Board urge legislators to place the initiative on the June ballot. Supervisor Carbajal moved to write a letter to legislators supporting this request. Staff advised that a board-wide letter might require public input and agenda placement, but individual board members could write letters. The Board agreed to discuss the impact of the state budget and the voter initiative at the next meeting in February.
- No motion was made to adopt the financial report. The Board noted the information and agreed to discuss the state budget impacts and the voter initiative at the next meeting.
Staff Reports 1 and 2
- A motion was made to approve Staff Reports 1 and 2. The motion was seconded. The vote was taken, and the motion passed.
Adjournment and Moment of Silence
- The Chair announced that the Board of Supervisors would adjourn in honor of Russ Hex, Don Lair, and Donna Yee. A moment of silence was observed for these individuals. The Chair noted that the Board would reconvene in two weeks.