Meeting Summary
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At a glance
Closed Session Report
- The board considered only the first item from the closed session agenda.
- No reportable action was taken on the items discussed.
- Remaining closed session items were continued to the lunch hour.
Administrative Agenda Modifications
- Staff requested that Item A15 regarding employer contribution retirement rates be continued to the April 5 agenda.
- Supervisor Carbajal requested that Items A18 and A21 be pulled from the agenda for immediate discussion.
Budget Revision Requests (Item A18)
- Staff clarified that the strategic reserve balance discrepancy was due to board appropriations and a contingent liability related to a MISC settlement.
- The current net available reserve was confirmed to be approximately $19.6 million, contingent on the potential settlement outcome.
Settlement Authority (Item A21)
- Staff proposed increasing the settlement authority for General Services risk claims from $20,000 to $50,000 to save administrative costs.
- Supervisor Carbajal supported the increase but requested an annual report detailing all claims settled under the new authority.
Resolutions and Recognitions
- The board adopted resolutions honoring the Friendship Adult Day Care Center, Jim Brown, and Dr. Gilbert O. Anderson.
- A resolution was prepared to recognize Blakely Colvin for founding "Cupcakes for Cancer."
- The board proclaimed March 24, 2011, as World Tuberculosis Day and recognized March 2011 as Professional Social Worker Month.
Emergency Services Update (Japan Nuclear Incident)
- The Office of Emergency Services reported that the NRC identified no radiologic risk to California or the West Coast.
- Staff advised the public against purchasing potassium iodide or evacuating and outlined communication channels for future alerts.
- Supervisor Carbajal suggested a future public workshop involving the NRC and PG&E to address public concerns.
Time Extension for Miramar Beach Resort and Bungalows (Case No. 10-TEX39)
- Staff presented a request for a two-year time extension to the approved Coastal Development Permit due to economic downturn effects.
- The board approved the time extension, noting that the original environmental review remains adequate under CEQA.
Amendment to Miramar Beach Resort and Bungalows Project (Case Nos. 10-AMD10, 11-CDH1, 11-AMD2, 3, 4, 5)
- Staff presented an amended project plan that reduces gross square footage, guest rooms, and grading quantities while incorporating the ballroom into the main building.
- The board discussed parking adequacy, Beach Club operating hours, and neighbor concerns regarding headlight glare.
- The board voted to approve the amended project, including the adoption of the CEQA addendum and conditions of approval.
Arts Commission / Public Art Project (Guadalupe)
- Artist Judy Chicago described the four-panel mural depicting the history of Guadalupe, including early founders, ethnic contributions, farm workers, and community hopes.
- Community members shared personal accounts of the "Guadalupe 10" civil rights case and historical discrimination in schools.
Kachuma Lake Recreation Area Promotion
- Speakers presented a promotional overview of Kachuma Lake, highlighting amenities such as camping, fishing, and hiking.
- The presentation noted that swimming is prohibited due to the lake's status as a domestic water supply, but canoes and kayaks will soon be allowed.
Closed Session
- The board received a report on the settlement of three administrative fine appeals involving Greca Oil and Gas Fee.
- Greca agreed to pay the County $2 million over four years and implement $100,000 of secondary containment within one year.
- The board accepted the report, which includes a demand note for immediate entry if any scheduled payment remains in default.
Parks Department Fee Adjustments
- Staff proposed fee adjustments for day-use parks, the Cuyama Aquatics Complex, and new overnight cabin and yurt fees.
- The board approved the fee adjustments, including the removal of the Joseph Centeno pool fee due to high collection costs.
Brush Removal Ordinance and Administrative Fine Amendments
- Staff presented amendments to transfer brush removal enforcement to the Building and Safety Division and add the ordinance to the administrative fine process.
- The board acknowledged the staff recommendation to continue the item to the April 5 hearing for second reading and adoption.
First Reading of Ordinance Regarding Land Clearing and Enforceability
- Staff explained that the current ordinance lacks enforceability and recommended a motion to address this gap.
- The board approved the first reading and directed staff to engage stakeholders and review the ordinance as part of the long-range work plan.
Full summary
Opening and Pledge
- The meeting was called to order with a roll call confirming the presence of all supervisors. The Pledge of Allegiance was recited, followed by a moment of silence for Darwin Saenz, a former planning commissioner.
Report from Closed Session
- Supervisor Marshall reported that the board considered only the first item from the closed session agenda. No reportable action was taken, and the remaining items were continued to the lunch hour.
Approval of Minutes
- The board considered the approval of the minutes from the March 1, 2011 meeting. A motion was made and seconded. The vote was taken, and the minutes were approved.
Administrative Agenda Modifications
- Staff noted an addendum posted on Friday regarding Item A15 (Fiscal Year 11-12 employer contribution retirement rates), requesting that the item be continued to the April 5 administrative agenda. Supervisor Carbajal requested that Items A18 and A21 be pulled from the agenda for discussion.
Public Comment on Administrative Agenda Items
- Items A12, A13, and A16: Dr. Robert Johns spoke regarding Alcohol, Drug, and Mental Health Services contracts (A12, A13) and the appointment of mobile home rent control arbitrators (A16). He expressed concerns about service refusals for homeless individuals, the transfer of patients to Sylmar, and the timing of the mobile home arbitrator appointments.
- Items A12, A13, and A26: Carolyn Renard spoke regarding the mental health budget items (A12, A13) and Item A26 (Parks Department regulations for Lake Los Carneros and Lake Cachuma). She raised concerns about adding approximately $1 million to the mental health budget via the administrative agenda and disputed the claim that changes to boat regulations on Lake Los Carneros would have no environmental impact, citing potential harm to migratory bird habitats. Staff clarified that Item A26 was not originally part of her requested speaking items but was added to address her comments.
Discussion on Item A18 (Budget Revision Requests)
- Supervisor Carbajal inquired about the strategic reserve balance, noting a discrepancy between the published budget book ($26.8 million) and the current document ($12.4 million). Staff explained that the difference was due to board appropriations and a contingent liability related to a MISC settlement with the state, which had not yet been booked. Staff confirmed the current net available reserve was approximately $19.6 million, contingent on the potential settlement.
Discussion on Item A21 (Settlement Authority)
- Supervisor Carbajal discussed the proposal to increase the settlement authority for General Services risk claims from $20,000 to $50,000. Staff explained that increasing the threshold would save administrative costs and allow for timely settlements. Supervisor Carbajal expressed support but requested that the board receive an annual report detailing all claims settled under the new authority, including reasoning and background.
Resolutions and Recognitions
- The board presented several resolutions and recognitions:
- Volunteer Recognition: Joyce Dudley introduced Donna Crawford, a volunteer for the District Attorney’s office, for her extensive service.
- Item A1 (Friendship Adult Day Care Center): A resolution was adopted honoring the Friendship Adult Day Care Center’s HEART (Help Elders at Risk Today) program. Heidi Hawley, Executive Director, accepted the commendation.
- Item A2 (Jim Brown): A resolution was adopted honoring Jim Brown, Superintendent of the College School District, for being named Superintendent of the Year for Region 13 by the Association of California School Administrators.
- Item A3 (Blakely Colvin): A resolution was prepared to recognize Blakely Colvin for founding "Cupcakes for Cancer." As she was absent, the resolution was to be delivered to her later.
- Item A4 (Dr. Gilbert O. Anderson): A resolution was adopted recognizing Dr. Gilbert O. Anderson as the Santa Barbara County Medical Society’s Physician of the Year for 2010.
- Item A5 (World Tuberculosis Day): A resolution was adopted proclaiming March 24, 2011, as World Tuberculosis Day in Santa Barbara County. Dr. Peter Hassler and Omar Banuelos spoke regarding the county’s efforts in TB control and a personal experience with treatment.
- Item A6 (Professional Social Worker Month): A resolution was adopted recognizing March 2011 as Professional Social Worker Month, honoring county social workers in child welfare, adult protective services, and in-home support services.
- Item A7 (National Eligibility Professionals Month): A resolution was adopted recognizing January 2011 as National Eligibility Professionals Month, honoring county eligibility professionals for their work in providing benefits to residents.
Emergency Services Update (Japan Nuclear Incident)
- Michael Harris from the Office of Emergency Services provided an update regarding the nuclear incident in Japan. He stated that the Nuclear Regulatory Commission (NRC) reported no radiologic risk to California or the West Coast at that time. He advised the public not to purchase potassium iodide or evacuate. He outlined communication channels for potential future alerts, including mass media, the county website, Facebook, Twitter, and the NIXLE text messaging system. Supervisors asked questions regarding the licensing status of Diablo Canyon, the investigation of a new fault line, and backup systems at the plant. Supervisor Carbajal suggested a future public workshop involving the NRC and PG&E to address public concerns. Staff agreed to work on scheduling such a meeting.
Approval of Administrative Agenda
- A motion was made and seconded to approve the administrative agenda as modified. The vote was taken, and the agenda was approved.
Time Certain: Planning and Development
- The board moved to the 10:00 AM time certain item. Staff introduced Aaron Briggs, the planner for the project, along with Anne Almey and Alice McCurdy. The item was a hearing to consider recommendations from the Montecito Planning Commission regarding Case No. 10 TEX 00000 00039, a request by Caruso Affiliates for a time extension for the Miramar Beach Resort and Bungalows project.
Agenda Item: Time Extension for Miramar Beach Resort and Bungalows (Case No. 10-TEX39)
- Presentation: Staff presented a request for a two-year time extension to the approved Coastal Development Permit (CDP), extending its life from April 6, 2011, to April 6, 2013. The applicant cited economic downturn effects as the reason for the delay in completing conditions of approval. Staff noted that the original environmental review remains adequate under CEQA Section 15162, as no new significant environmental effects would occur. The Montecito Planning Commission had previously recommended approval.
- Discussion: Board members inquired about Condition 81, which requires the applicant to pay a fee in lieu of providing low-cost visitor-serving commercial amenities. Staff clarified that this fee is due prior to the issuance of the CDP, not immediately upon the time extension. Questions were also raised regarding the board’s authority to require demolition of the existing site; staff and counsel indicated that the current motion is strictly for the time extension and does not alter the original conditions or authorize demolition.
- Public Comment: One speaker expressed opposition to the extension, characterizing the current site as a blight and questioning the board's consistency in handling projects involving vulnerable populations versus this project.
- Motion and Vote: A motion was made to approve staff’s recommendation for the time extension. The motion was seconded. The board voted to approve the time extension. The motion passed.
Agenda Item: Amendment to Miramar Beach Resort and Bungalows Project (Case Nos. 10-AMD10, 11-CDH1, 11-AMD2, 3, 4, 5)
- Presentation: Staff presented an amended project plan for the Miramar Beach Resort and Bungalows. Key changes from the previously approved project include:
- Incorporation of the standalone ballroom building into the main building.
- Elimination of one level of underground parking.
- Replacement of the pool bar/restaurant with a larger restaurant.
- Reduction in gross square footage by approximately 120,000 sq. ft. and guest rooms from 192 to 186.
- Reduction in maximum event capacity from 600 to 500 people.
- Reduction in grading quantities by approximately 25%.
- Provision of 494 on-site parking spaces, exceeding the peak demand of 464 spaces.
- Resolution of all conditions identified by the Montecito Fire District, which now supports the project.
- The Montecito Planning Commission had recommended approval but suggested providing an additional 30 on-site parking spaces.
- Discussion:
- Parking: Board members discussed the adequacy of parking, specifically regarding the ordinance requirements versus the applicant’s parking analysis. Staff explained that the ordinance calculation method does not account for conjunctive use (e.g., a guest using multiple amenities), whereas the applicant’s analysis does. The applicant’s representative stated that the project provides 30 excess spaces over peak demand and noted that the Biltmore Hotel, a comparable facility, has fewer parking spaces relative to its size and usage. The applicant disagreed with the Planning Commission’s recommendation for 30 additional spaces, citing the Biltmore comparison and the built-in cushion regarding Beach Club membership limits.
- Beach Club Hours: A board member inquired about the operating hours of the Beach Club facility. Staff acknowledged that specific hours had not been established in the conditions. The applicant indicated the facility would likely close by midnight. A board member suggested adding a condition requiring the Beach Club to close by midnight.
- Neighbor Concerns: A board member asked the applicant to address concerns raised by a neighbor regarding parking configuration and headlight glare. The applicant proposed reconfiguring four perpendicular parking spaces near the neighbor’s property to mitigate headlight issues.
- Ex Parte Communications: The board took ex parte disclosures from members regarding communications with the applicant, neighbors, and other stakeholders.
- Public Comment:
- One resident supported the project but raised concerns about parking on Miramar Avenue, suggesting parallel parking over perpendicular parking to reduce traffic conflicts and headlight glare.
- One speaker expressed opposition, arguing the project was being "fast-tracked" and questioning the board's consistency.
- One speaker representing a business group argued for the project’s economic benefits, including property, sales, and transient occupancy taxes, and criticized the delay in approval.
- One speaker supported the project but suggested design improvements to the facade and raised concerns about peak demand parking and traffic backups, suggesting the hiring of off-duty CHP officers for event traffic control.
- Motion and Vote: A motion was made to approve staff’s recommendation for the amended project, including the adoption of the CEQA addendum and the conditions of approval. The motion was seconded. The board voted to approve the amended project. The motion passed.
Public Comment
- Callie Hoover Tolstenfelt Zulu: Spoke regarding letters distributed to the board, referencing the FBI, CIA, and various political figures. The speaker addressed the District Attorney’s Office and the PISS program, questioning the board’s stance on community interests and the California Coastal Commission.
- Ms. DeGess: Discussed the financial status of SenCal Health, the Medi-Cal administrator for Santa Barbara County. The speaker noted that SenCal is close to being closed by the state for failing to maintain required liquid assets and has hired an outside financial monitor, the Berkeley Research Group. The speaker suggested cost-saving measures, including producing state-required quality reports (HEDIS) in-house to save approximately $1.5 million annually, controlling "other expenses" to save $400,000 annually, and limiting executive travel to $10,000–$20,000 per year. The speaker noted that the CENCAL Board is appointed by the County Supervisors.
- Robert Burke: Invited the Board to attend Memorial Day commemorative services at the Veterans Memorial Building on May 30, 2011. The speaker requested that a board member give a short speech and stay for the subsequent lunch. The speaker noted that flags are flying at half-mast to honor the loss of the last veteran from World War I.
- Dr. Robert Jones: Referenced a letter sent to the California investigating elections fraud unit regarding an investigation. The speaker addressed a specific council member regarding a racial incident and apologized for the previous speaker’s comments. The chair ended the speaker’s time.
- Carolyn Renard: Thanked the board for informing the public about radiation dangers from Diablo Canyon and Japan. The speaker stated that the three-hour wait for public comment violates the Brown Act and requested that public comment be scheduled at a certain time. The speaker criticized the County Emergency Services Department director for not providing a central information source or website regarding radiation concerns, noting that the director only addressed the "present time" rather than the incoming radiation cloud. The speaker requested that the director return to address these issues before the April meeting and suggested inviting Mothers for Peace San Luis Obispo and the Nuclear Waste Peace Foundation to that meeting.
- Jeff Alexander: Provided an update on the Santa Barbara County Film Commission. The speaker reported that media production in Santa Barbara broke the $10 million level for direct spend in 2010, totaling $10.2 million, which translated to approximately $25 million in economic impact. There were 161 distinct media shoots and 376 days of production. The speaker estimated that production activity generated just under $100,000 in Transient Occupancy Tax (TOT) directly to the county, representing a two-to-one return on the county’s marketing spend. The speaker noted that February 2011 spending doubled compared to February 2010, reaching $1.7 million.
- Tim Mahoney: Announced that Southern California Gas Company is organizing a California Restoration and Cleanup event on Earth Day, April 16, at El Capitan State Beach. The event involves habitat restoration and planting native plants in partnership with the California State Parks Foundation. The speaker invited the public to participate, noting that gloves, hats, and sunscreen should be brought.
Arts Commission / Public Art Project (Guadalupe)
- Supervisor Farr: Expressed excitement about the public art project, noting that public art reflects the generation and values of the time and builds a sense of community. The supervisor highlighted the accessibility of the art and the ability of community members to identify themselves in the mural.
- Artist (Judy Chicago): Described the history of Guadalupe as a farm worker’s town of about 5,000 people that has remained largely unchanged for over 100 years. The artist detailed the immigration history of the region, including Chumash people, Spanish missions, European settlers, Japanese farmers, and Mexican workers. The artist discussed the "Guadalupe 10" civil rights case, where parents confronted school authorities regarding discrimination and were subsequently charged with disturbing the peace. The artist described the creation of the mural, which consists of four panels:
- 1. Early Founders: Depicts Chumash people, Oso Flaco lagoons, and Vaqueros. Includes a portrait of Gilbert Roland. 2. Ethnic Contributions: Depicts historical figures and ghosts on a downtown street, including a Japanese landowner holding a clock set to 1942 (referencing internment) and a Filipino farm worker. 3. Farm Workers: Depicts issues faced by workers, including transit, living conditions, wages (sharecropping), pesticide exposure ("neblina peligrosa"), back pain, and economic ties to Mexico ("ayuda extranjera"). 4. Angels of Guadalupe: Depicts an angel with wings showing community hopes for the future, including fresh water, education for children, health care, preservation of local animals (leaf tern, sea otter), and housing.
- Community Members:
- One speaker, a former resident and school board member, recounted the "Guadalupe 10" incident, stating that nine of the ten were found guilty and placed on probation. The speaker noted that civil rights investigators later confirmed the discrimination claims. The speaker described discriminatory practices in schools, including corporal punishment and placement in "retarded classes" due to language barriers. The speaker mentioned the eventual hiring of a bilingual teacher in 1975 and the subsequent improvement in student treatment. The speaker also discussed housing needs, citing a fire that killed a child, which led to self-help housing projects for farm workers.
- Another speaker, a civil rights activist, described attending a California Civil Rights Commission hearing in Santa Maria. The speaker recounted personal experiences of discrimination in school, including being hit with a ruler and having their face slammed against a blackboard.
- A speaker representing the Comité Civico Mexicano stated that the committee was happy to help the artist because they wanted to let the community know the true history of the city.
Kachuma Lake Recreation Area Promotion
- Robert Burke and Unidentified Speaker 37: Presented a promotional overview of Kachuma Lake Recreation Area. The speakers described the lake as a 7-mile long body of water with 42 miles of shoreline, located 20 minutes from Santa Barbara and Solvang. Amenities include camping (400+ sites), RV spots, yurts, and eight cabins. Activities include fishing (bass, crappie, trout, carp bowfishing), boating, hiking (five trails), and wildlife viewing (bald eagles, deer, herons). The speakers noted that swimming and body contact with the water are prohibited due to its status as a domestic water supply, but canoes and kayaks will soon be allowed. The speakers mentioned the Kachuma Lake Nature Center, which offers hands-on exhibits on cultural history and local environment. The speakers emphasized the convenience of the location for exploring the San Ynez Valley wine region and the Santa Barbara coastline.
Agenda Item: Closed Session Report
- Discussion: The Board received a report from the County Counsel regarding the settlement of three administrative fine appeals pending in Santa Barbara Superior Court involving Greca Oil and Gas Fee.
- Settlement Terms:
- Greca to pay the County $2 million over four years ($700,000 in the first year; $433,333 per year for the following three years).
- Greca to implement $100,000 of secondary containment within one year.
- Greca to furnish a demand note for $2 million, which can be entered immediately if any scheduled payment remains in default.
- Greca and the County to request the court retain jurisdiction under CCP section 664.6 until all settlement terms are satisfied.
- Decision: The Board accepted the report. No vote was recorded in this segment.
Agenda Item 4: Parks Department Fee Adjustments
- Discussion: Staff presented proposed fee adjustments for Day Use Parks, Joseph Centeno Cuyama Aquatics Complex, Cochuma Lake, Paloma Beach, wedding events, film permits, and special events. Key points included:
- Proposed increases for group areas at day-use parks.
- Removal of the fee for the Joseph Centeno pool due to high collection costs.
- Establishment of new fees for overnight cabins and yurts (11 total: 7 at Halama, 4 at Lake Kachuma), with peak rates around $175–$200 and off-peak rates around $100.
- Implementation of an online reservation system.
- Discussion regarding parking fees, noting that Halama is currently the only beach charging for parking/access, while Arroyo Burro and Goleta Beach do not. Staff noted that Arroyo Burro and Goleta Beach generate significant revenue through concessionaires (over $400,000 and $250,000 respectively).
- Public comment addressed concerns about affordability of cabin rates and parking fees, with some speakers advocating for lower fees or transferring beach management to cities, while others supported the fee structure to offset operational costs.
- Staff outlined cost-saving measures for the Cuyama pool, including hiring local lifeguards and maintenance staff to reduce travel costs.
- A proposed water park at Lake Kachuma was mentioned as a future feasibility study to generate positive cash flow and local jobs.
- Motion: Supervisor Farr moved to approve the item.
- Second: The motion was seconded.
- Vote Outcome: Passed.
Agenda Item 5: Brush Removal Ordinance and Administrative Fine Amendments
- Discussion: Staff presented two ordinance amendments:
- 1. Transferring enforcement of the Chapter 9A brush removal ordinance to the Building and Safety Division, with appeals heard by the Grading Board of Appeals and ultimately appealable to the Board of Supervisors. 2. Adding the brush removal ordinance and Chapter 44 (rights and duties of landlords and tenants) to the administrative fine process under Chapter 24A.
- Staff recommended introducing the amendments and continuing second reading and adoption to the April 5th hearing.
- Public comment included perspectives on fire safety, environmental impacts of chaparral removal (erosion, invasive species, habitat loss), and the need for strategic fuel reduction versus indiscriminate clearing. Speakers from environmental groups, residents, and the Fire Department expressed varying views on the balance between fire prevention and ecological preservation.
- The Fire Chief emphasized the need for strategic fuel reduction and community wildfire protection plans.
- The Board discussed the potential for future comprehensive reviews of the ordinance, noting that a related item is scheduled for a future agenda.
- Motion: No motion to adopt was made in this segment. Staff recommended continuing the item to the April 5th hearing for second reading and adoption.
- Decision: The Board acknowledged the staff recommendation to continue the item to the April 5th hearing. No final vote on adoption was taken in this segment.
Agenda Item: First Reading of Ordinance Regarding Land Clearing and Enforceability
- Discussion: Staff explained that the current ordinance has been in effect but lacks enforceability, as staff were unable to enforce it against violations when it was written. Staff recommended a motion to address this enforceability gap. Staff noted that a future review of the ordinance is needed to potentially tighten regulations, including reviewing exceptions for controlled burns, acreage limits, and environmental impacts related to flooding and watershed integrity.
- Supervisor Farr stated that staff should determine the timeline and staffing requirements for further review as part of the long-range work plan and budget. Supervisor Farr expressed concern about land clearing being used under the guise of fire protection to reduce environmental baselines for future development applications, requesting that the fire department provide definitive needs assessments to prevent this.
- Supervisor Lovanino agreed that public safety and fire department input should be the overriding concerns. Supervisor Lovanino emphasized the need to involve all stakeholders, including the Ag Advisory Council, in any future review.
- Motion: A motion was made to approve the first reading of the ordinance, move it to the second reading, and direct staff to bring the issue back for consideration and review as part of the proposed work plan. The motion included directing staff to engage all stakeholders, consider permit triggers, contiguous parcels, parcel size, ensure the Fire Chief’s input, and review possible exemptions from Planning and Development (P&D).
- Second: The motion was seconded.
- Vote: The motion passed.
Adjournment and Recognitions
- The Chair adjourned the meeting. Before adjourning, the Chair offered recognitions for:
- The victims of the recent tragedy in Japan.
- The last surviving veteran of World War I, who has passed away.
- Edwin Bobb Newhall Woods, a Stanford graduate, former cowboy at Sway Ranch, crop supervisor, early wine grape developer in North County, founding member of the Henry Newhall Foundation, and board member for 45 years.
- Darwin Saenz, former Fifth District Planning Commissioner (1975–1982), former Union Oil employee, researcher of Santa Maria oil industry history, and advocate for tiger salamander protection.
- The next meeting is scheduled in three weeks.