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BOARD OF SUPERVISORS

BOARD OF SUPERVISORSJanuary 10, 2012

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 January 10, 2012

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Meeting Summary

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At a glance

Officer Selection

  • Supervisor Farr was elected as Chair and Supervisor Carbajal as Vice-Chair via unanimous ballot.
  • The outgoing Chair presented a new gavel to the incoming Chair during the leadership transition.

Resolution A1 (Recognition of Lieutenant Matthew Jensen)

  • The Board adopted a resolution recognizing Lieutenant Matthew Jensen for breaking the world record for continuous hand bell ringing.
  • Lieutenant Jensen addressed the Board regarding the economic impact on the Salvation Army and its fundraising campaign.

Addendum Review

  • The Clerk presented an addendum including recommendations for Guadalupe Dunes road restoration and the appointment of Michael Cooney to the Law Library Board.
  • The addendum also included an amendment to Board appointments, a recommendation for the Chair to serve on the Law Library Board, and a hearing on Los Olivos sign violations.

Item A22 (Agricultural Commissioner Fee Schedule)

  • Supervisor Lavagnino requested that the item be pulled from the agenda to allow for a future hearing on January 17.
  • The item concerned revisions to Chapter 34C of the County Code and the adoption of a revised fee schedule.

Item 1 (Board Appointments)

  • Supervisor Wolf agreed to take the regular member position on CENCAL, with Supervisor Gray offering to serve as alternate if bylaws permit.
  • The Board affirmed current assignments with the change to the CENCAL appointment and clarified term lengths for other positions.

Item 2 (County Executive Office Organization)

  • The CEO presented a reorganization combining Parks and Housing into Community Services and merging HR into the CEO’s office, yielding approximately $900,000 in savings.
  • The Board received and filed the report detailing the new organizational structure and departmental oversight assignments.

Item 3 (Community Services – Long-Term Management Agreement for Cochuma Lake)

  • The Board approved a 25-year management agreement with the Bureau of Reclamation, rescinding the prior approval from August 2011.
  • The agreement includes provisions for invasive species monitoring and was determined not to be a project subject to CEQA.

Item 4 (Planning and Development – Building Code Amendments)

  • Staff presented amendments to Chapter 10 of the County Code to address omitted climatic findings and delete sections less restrictive than state law.
  • The Board approved the introduction of the ordinance and continued it for a second reading to January 17.

Item 5 (County Executive Office and Redevelopment Agency – RDA Litigation Report)

  • The Board took no action under Health and Safety Code Section 34173D1, allowing the County to become the successor agency to the dissolving RDA.
  • A resolution was adopted to retain the RDA’s housing assets, functions, and powers, with a special meeting proposed for January 24.

Item 6 (Planning and Development – Rice Ranch Project Briefing)

  • Staff briefed the Board on the status of the revised Rice Ranch project, including temporary entry permits and inclusionary housing requirements.
  • The Board received the report, noting that the project is tied to the outcome of the new Inclusionary Housing Ordinance.

Item 7 (Public Works – Public Right-of-Way Special Events Permits)

  • The Board approved recommendations to amend Chapter 28 of the County Code to establish fees for full cost recovery of special event permits.
  • The ordinance formalizes rules for permitting stages and categorizes fees, with larger events billed based on actual staff time.

Item 8 (County Executive Office – Special Event Coordination Process)

  • The Board received a policy designating the Community Services Director as lead coordinator for interdepartmental special event coordination.
  • The Board determined the policy does not constitute a project under CEQA and approved the coordination framework.

Item 9 (Los Olivos Sign Violations and Code Amendments)

  • The Board found good cause to adjust the double fee penalty for Los Olivos sign violations to $1.00.
  • Planning and Development was directed to process an amendment to the LUDC regarding penalty fee discretion and include a review of sign standards in the work program.

Closed Session

  • The County Counsel reported that one item of existing litigation was held with no reportable items.
  • A conference with the labor negotiator and a public employee performance evaluation were held, with no reportable actions from any closed session items.

Full summary

Convening and Officer Selection

  • The Board convened a regular session for the year 2012. Supervisor Farr was nominated for Chair, and a motion for a unanimous ballot was made and seconded. The motion passed, electing Supervisor Farr as Chair. Supervisor Carbajal was nominated for Vice-Chair, and a motion for a unanimous ballot was made and seconded. The motion passed, electing Supervisor Carbajal as Vice-Chair. The outgoing Chair presented a new gavel to the incoming Chair, and remarks were made regarding the transition of leadership.

Administrative Agenda

  • Minutes Approval: A motion was made and seconded to approve the minutes of the December 13, 2011 meeting. The motion passed.
  • Resolution A1 (Recognition of Lieutenant Matthew Jensen): A resolution recognizing Lieutenant Matthew Jensen of the Salvation Army for breaking the world record for continuous hand bell ringing was introduced. Lieutenant Jensen addressed the Board regarding the economic impact on the Salvation Army and the fundraising campaign. A motion was made and seconded to adopt the resolution. The motion passed.
  • Addendum Review: The Clerk presented an addendum to the agenda, including recommendations for the Guadalupe Dunes emergency road restoration, the appointment of Michael Cooney to the Santa Barbara County Law Library Board of Trustees, an amendment to Item 1 regarding Board appointments, a recommendation for the Chair to serve as an ex-officio member of the Law Library Board of Trustees, and a hearing regarding the waiver of a double fee penalty for Los Olivos sign violations.
  • Item A22 (Agricultural Commissioner Fee Schedule): Supervisor Lavagnino requested that Item A22 be pulled from the agenda. The Clerk read the item, which requested a hearing for January 17 to consider revisions to Chapter 34C of the County Code and the adoption of a revised fee schedule. Supervisor Lavagnino noted concerns from local businesses and encouraged them to attend the future hearing.
  • Public Comment on Administrative Items:
  • Dr. Jones spoke on Items A2, A3, and A7. Regarding Item A2 (Resolution celebrating Dr. Martin Luther King Jr.), Dr. Jones expressed opposition to the resolution. Regarding Item A3 (Resolution honoring Cottage Health System), Dr. Jones commented on the state of the county’s mental health department. Regarding Item A7 (Lompoc Veterans Memorial Building renovation), Dr. Jones requested that minority contractors be utilized for the project.
  • Mr. Caldwell spoke on Item A13 (SBCAG commuter rail funding request). He represented COLAB and argued that the Board should not support the state funding request without a full hearing on financial commitments, operational costs, and the county’s long-term liability. He requested that the item be pulled. Supervisor Carbajal responded that these issues are being addressed in sub-regional meetings and that the $25 million from Measure A is intended to be leveraged over 30 years.
  • Approval of Remaining Administrative Items: Supervisor Wolf moved to approve the remaining items on the administrative agenda, excluding those already addressed or pulled. The motion was seconded. The motion passed.

Public Comment

  • Introductions: The Board introduced Beverly Taylor, the newly appointed Chief Probation Officer, and Renee Ball, the newly appointed Assistant CEO. Both individuals addressed the Board.
  • Callen Zulu: Spoke regarding allegations of harassment by county personnel and requested action from the Board.
  • Rachel Flores: Spoke on behalf of SEIU Local 721 regarding the imposition of terms and conditions on the bargaining unit, specifically a 3.5% pay cut, furloughs, and benefit reductions. She criticized the Board’s decision to bypass collective bargaining.
  • Dr. Robert Jones: Spoke regarding the labor dispute with Local 721, criticizing the Board’s handling of the negotiations and the impact on employees.

Departmental Agenda

  • Item 1 (Board Appointments): The Clerk presented the list of Board appointments to boards, commissions, and committees. Supervisor Gray and Supervisor Wolf discussed the CENCAL assignment. Supervisor Wolf agreed to take the regular member position on CENCAL. Supervisor Gray offered to take the alternate position if permitted. The Clerk noted that the bylaws would be checked for prohibitions on alternates. Supervisor Lavagnino inquired about the term length for his LAFCO appointment, and the Clerk clarified that Supervisor Wolf is currently filling a term expiring in March 2015. Supervisor Carbajal requested that Supervisor Farr not respond to an email regarding CENCAL to avoid Brown Act violations. Supervisor Wolf moved to affirm the current assignments with the change to the CENCAL appointment. The motion was seconded. The motion passed.
  • Item 2 (County Executive Office Organization): The CEO presented an update on the reorganization of the CEO’s office, noting the combination of Parks and Housing Community Development into Community Services and the merger of HR into the CEO’s office, which resulted in approximately $900,000 in ongoing savings. The presentation detailed the new organizational structure, assigning Assistant CEO Renee Ball to oversee operational and administrative support departments (including Agriculture, Community Services, General Services, Planning and Development, Public Defender, and Public Works) and Assistant CEO Terry Nisich to oversee Health and Human Services departments (including Alcohol, Drug and Mental Health Services, Child Support Services, First Five Commission, Public Health, and Social Services). The CEO retained oversight of elected or self-directed departments (including Auditor-Controller, Clerk-Recorder-Assessor, County Counsel, District Attorney, Probation, Sheriff, and Treasurer-Tax Collector) as well as the Budget Director, Emergency Services Director, Fire Chief, and Human Resources Director. A motion was made and seconded to receive and file the report. The motion passed.
  • Item 3 (Community Services – Long-Term Management Agreement for Cochuma Lake): The Director of Community Services presented a long-term management agreement between the County of Santa Barbara and the United States Bureau of Reclamation for Cochuma Lake. The agreement, which is for 25 years, rescinds and replaces the agreement approved on August 9, 2011. Modifications included updated secret language and provisions allowing, but not mandating, the County to implement an invasive species monitoring program. Staff confirmed that public access rights remain unchanged and that the agreement is not a project subject to environmental review under CEQA. Questions were raised regarding whether County contracts with concessionaires included the requirements mandated by the Bureau of Reclamation; staff confirmed that County Counsel had reviewed and updated concessionaire agreements to include these provisions. A motion was made and seconded to rescind the prior approval from August 9, 2011, approve and execute the amended agreement, and determine that the agreement is not a project subject to CEQA. The motion passed.
  • Item 4 (Planning and Development – Building Code Amendments): Staff presented amendments to Chapter 10 of the Santa Barbara County Code (Building Ordinance). The amendments address two issues: first, inserting required findings regarding local climatic, geologic, or topographic conditions that were omitted in the 2010 version but identified by the California Building Commission; and second, deleting two sections related to drainage away from buildings that were less restrictive than state law, and clarifying a section regarding setbacks on the Isla Vista Bluffs to ensure compliance with state code. Staff recommended the adoption be exempt from CEQA under Section 15061(b)(3). A motion was made and seconded to approve the introduction of the ordinance amending Chapter 10 of the County Code and continue it for a second reading to January 17. The motion passed.
  • Item 5 (County Executive Office and Redevelopment Agency – RDA Litigation Report): Staff presented a report on the impact of a recent California State Supreme Court decision regarding the County Redevelopment Agency (RDA). The Supreme Court upheld ABX 126 (dissolution measure) and invalidated ABX 127 (continuation measure), voiding the Board’s previous decision to enter the Alternative Voluntary Redevelopment Program. Consequently, the RDA will dissolve on February 1, 2012. The County will automatically become the successor agency unless it elects otherwise by January 13, 2012. The successor agency is required to wind down RDA affairs, dispose of assets (including properties in Isla Vista), and remit unencumbered fund balances and asset sale proceeds to the Auditor-Controller for distribution to local taxing entities. An Oversight Board must be formed by May 1, 2012. Staff recommended that the Board take no action under Health and Safety Code Section 34173D1 (allowing the County to become the successor agency) and adopt a resolution to retain the RDA’s housing assets, functions, and powers. A special meeting was proposed for January 24 to address further deadlines and budget issues. A motion was made and seconded to take no action under Health and Safety Code Section 34173D1 and to adopt a resolution retaining the housing assets, functions, and powers previously performed by the County Redevelopment Agency. The motion passed.
  • Item 6 (Planning and Development – Rice Ranch Project Briefing): Staff presented a briefing on the temporary entry permit issue, the status of the proposed revised Rice Ranch project, and the relationship to the inclusionary housing ordinance.
  • Temporary Entry Permit: Staff reported that following the applicant’s concerns about accessing county-owned open space areas, staff provided contact information and examples of entry permits to the applicant and their agent to facilitate access.
  • Project Status: Staff outlined the chronology of the revised project, noting that applications submitted in December 2010 were found incomplete in January 2011. The applicant resubmitted the project on December 13, 2011. Staff expected to determine the application complete within days, pending additional information on secondary access road improvements. Subsequent steps include environmental review (updating analysis for 14 additional units and analyzing greenhouse gas impacts), review by the Subdivision Development Review Committee, and Architectural Review.
  • Inclusionary Housing: Staff explained that the current housing element requires 5% very low-income, 5% low-income, and 10% moderate-income units. The proposed revised project includes in-lieu fees for the very low and low-income portions and 76 "affordable by design" units in the Pine Creek neighborhood, which staff noted is inconsistent with current housing element policies.
  • Inclusionary Housing Ordinance: Staff detailed the schedule for the new Inclusionary Housing Ordinance, with a draft expected for public review by March 2012, public review extending into June 2012, environmental review in June–July 2012, Planning Commission hearings in August–September 2012, and Board hearings in October–November 2012. The Rice Ranch project is tied to the outcome of this ordinance.
  • Public Comment: A representative for Rice Ranch Ventures stated that the economy has changed, making financing difficult, and that the project has been redesigned to eliminate public infrastructure maintenance costs by absorbing them into the Homeowners Association. The representative noted that the affordable housing provision would result in a "win-win" for the county through fees or non-profit construction, even if not all units are on-site.
  • Staff Clarification: Staff clarified that a separate, simple specific plan amendment could be processed to change the timing of affordable unit provision, allowing for additional market-rate units to be built while the larger project and inclusionary housing ordinance are processed. Staff noted this pathway is shorter and more certain than waiting for the ordinance.
  • Board Questions: Supervisors inquired about the timeline for the specific plan amendment compared to the ordinance, the impact on other projects in their districts, and whether the changes would induce immediate construction. Staff confirmed that projects currently in process must meet current housing element requirements, but conditions could be modified if the new ordinance is adopted.
  • Motion: Supervisor Lavagnino moved to receive the report. The motion was seconded. The motion passed.
  • Item 7 (Public Works – Public Right-of-Way Special Events Permits): Public Works presented a hearing to consider recommendations regarding an ordinance amending Chapter 28 of the County Code pertaining to public right-of-way special event permits.
  • Current Program: Staff noted that 60 permits were issued in 2011, ranging from small sidewalk events to large races. The department currently does not charge fees, resulting in over $20,000 in administrative costs borne by the county.
  • Proposed Ordinance: The ordinance aims to achieve full cost recovery and establish formalized rules for the three stages of permitting (application/processing, event, and follow-up). Fees would be categorized into five types, with larger events billed based on actual staff time (estimated at $75–$100 per hour).
  • Coordination: Staff clarified that this item addresses Public Works fees and right-of-way usage. Other departments (Parks, Planning, etc.) have their own fee structures. A separate item (Item 8) addresses interdepartmental coordination.
  • Board Questions: Supervisors asked about fee transparency for large events, noting that costs depend on staff time. Staff indicated that estimates would be provided based on historical data for recurring events. Supervisors also raised concerns about small community events (e.g., school parades) potentially being charged, to which staff responded that such events might fall under exemptions or be handled case-by-case.
  • Motion: A motion was made to approve the recommendations. The motion was seconded. The motion passed.
  • Closed Session Report: The County Counsel reported on the closed session held earlier. One item of existing litigation was held with no reportable items. An anticipated litigation item was not held. A conference with the labor negotiator was held. A public employee performance evaluation was held. There were no reportable actions from any closed session items.
  • Item 8 (County Executive Office – Special Event Coordination Process): The County Executive Office presented a policy to improve internal coordination among departments regarding special events.
  • Background: The policy was developed following a review of recent events where communication gaps between departments (Sheriff, Public Works, Planning, Environmental Health, Fire) led to issues. The goal is to ensure collaboration and coordination without changing existing departmental ordinances or fees.
  • Process: The policy designates the Community Services Director as the lead coordinator to convene a group of relevant department representatives. This group will review event applications to identify necessary permits and regulatory requirements from all involved departments.
  • Public Access: Staff acknowledged the need for a clearer public pathway, suggesting a website flowchart or general application to help event organizers identify the correct departments and permits needed.
  • Private Events: Staff clarified that private events requiring planning permits are being addressed separately by the Planning Commission, with a streamlined conditional use permit application expected before the end of the fiscal year. This item focuses on events impacting public right-of-way that may not require planning permits.
  • Board Questions: Supervisors emphasized the importance of a "no wrong door" policy and requested that the coordination group develop a user-friendly website tool or brochure to guide the public. The CEO’s office agreed to develop this tool and report back to the Board.
  • Cross-Jurisdictional Coordination: The committee discussed mechanisms for coordinating large-scale events that span multiple jurisdictions, such as Isla Vista, UCSB, and Goleta. It was noted that internal coordination currently occurs at the public works level between municipal governments and the county. Suggestions were made to include additional resources, such as the California Highway Patrol (CHP), in regular planning discussions to improve efficiency. Concerns were raised regarding events originating in incorporated cities (e.g., Solvang) that impact unincorporated county areas, specifically regarding communication channels with city public works directors. A representative stated that they maintain close relationships with city managers and would facilitate contact by asking city managers to identify a point of contact, offering a county representative as the primary liaison for cross-jurisdictional coordination.
  • Motion: A motion was made to receive the information regarding the CEO’s new policy and determine that it does not constitute a project under CEQA. The motion was seconded. The motion passed. A subsequent motion was made and seconded to approve the discussed coordination framework or related actions. The motion carried (passed).
  • Item 9 (Los Olivos Sign Violations and Code Amendments): Supervisor Farr presented a request to adjust the double fee penalty for permitting Los Olivos sign violations to $1.00, citing good cause due to the age of the sign ordinance, lack of prior knowledge by business owners, and cooperative behavior by the businesses. The item also included a request to direct Planning and Development to process an amendment to the Land Use and Development Code (LUDC) to provide the P&D Director with discretion to adjust penalty fees in specific circumstances, and to include a review of the 40-year-old sign ordinance in the draft work program. Discussion focused on the definition of "good cause," the procedural requirements for LUDC amendments (requiring Planning Commission review and public hearings), and the balance between enforcing safety regulations and supporting small businesses. Public commenters expressed support for reducing penalties and updating the sign ordinance, while others raised concerns about the complaint process and the need for clear standards. A motion was made and seconded to find good cause to adjust the penalty fee to $1.00, direct Planning and Development to process an amendment to the LUDC regarding penalty fee discretion, direct staff to include a review of sign standards in the work program, and determine the item is exempt from CEQA. The motion passed (4-1).

Closing Remarks and Memorials

  • The Chair invited members to offer closing remarks or memorials.
  • One member requested that the meeting be closed in honor of Army Sergeant Chris Moniz, a resident of New Kuyama, who was killed in action in Afghanistan in December. The member noted that the Sheriff and the member attended his memorial service and expressed condolences to his family and the community.
  • Another member requested that the meeting be closed in honor of Sam Alfano, a longtime Goleta resident, former president of Goleta Valley Beautiful, and 1999 Goleta Man of the Year. The member noted that Mr. Alfano spearheaded various projects in Goleta and expressed thoughts for his wife and family.

Adjournment

  • The Chair extended the board’s condolences to the families mentioned and adjourned the meeting, noting that the next meeting would be held in Santa Barbara.