Meeting Summary
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At a glance
Special Recognition: Public Safety Personnel
- Chief Dyer briefed the board on a Highway 101 incident involving a large rig, detailing the rescue of a family and management of a fuel spill.
- The board acknowledged the response efforts of 39 personnel, including firefighters, paramedics, and helicopter crews.
- A resolution recognizing the dedication of these public safety workers was adopted.
Administrative Agenda: Resolutions and Commendations
- The board adopted a resolution declaring January as National Eligibility Professionals Month to recognize Department of Social Services staff.
- Ray Munoz of the Sheriff’s Department was honored as Employee of the Month for his 27 years of service and logistical coordination.
- Michael B. Emmons was recognized for his retirement after 14 years as County Surveyor, including his work on redistricting.
Administrative Agenda: Fees, Property, and Appointments
- Staff explained that higher impact fees in Orchid are due to the cost of establishing interconnections to the 101 freeway in less developed areas.
- The board approved the Mitigation Fee Act Annual Report, the Tognizini property acquisition, and the Montecito Growth Management Ordinance.
- The board approved the appointment of an Interim County Surveyor following public comment on the search process.
Poverty Initiative
- Staff presented data showing a 52% increase in the county's poverty rate since 2007, affecting 75,000 residents.
- The Santa Barbara Foundation committed to funding the $30,000 assessment cost, eliminating the need for General Fund expenditure.
- The board unanimously approved the initiative to inventory existing services and identify strategies to improve health and educational outcomes.
No decision 0–0
2012 Legislative Platform
- Staff reported on the unexpected closure of the Bridge House Shelter and the securing of interim services in Lompoc.
- The platform prioritizes job growth, economic vitality, and local control, with Highway 101 widening as the top transportation priority.
- The board approved the platform, including specific language to support annual Special Distribution Fund (SDF) funding for tribal gaming.
Retirement Board Vacancy
- The board decided to handle the appointment process directly rather than delegating it to a subcommittee to ensure broader engagement.
- A motion was passed to schedule a two-hour session on January 24 for the appointment process.
- Staff will request supplemental materials from the four applicants to detail their qualifications and commitment to serve.
Public Parking in High Fire Danger Areas
- The Office of Emergency Services proposed installing flip-down signs to prohibit parking on Tunnel Road during Red Flag Warning days.
- Staff explained that the single access point and narrow width of Tunnel Road create specific evacuation risks requiring stricter restrictions.
- The board approved the staff recommendations to implement the parking ban to ensure clear evacuation routes.
Hearing Regarding Mr. Bagdasarian
- The board agreed to continue the hearing to the next session to allow community members time to review a new agreement.
- The continuance was granted to address concerns raised by the applicant and community stakeholders.
- The item was scheduled for a 30-minute hearing on the 24th.
CEQA Review of Resource Recovery Project
- Staff presented the Mustang Renewable Power proposal for a Material Recovery Facility and anaerobic digester at the Tejon Landfill.
- The board adopted five recommended actions, including acting as the lead agency for the Environmental Impact Report (EIR).
- The project is privately financed, and the board emphasized the need for a robust EIR that analyzes all site alternatives and environmental impacts.
Closed Session
- The board discussed one existing litigation case, one anticipated litigation case with significant exposure, and two other anticipated litigation cases.
- One public employee performance evaluation was also reviewed during the closed session.
- The Clerk reported that no reportable actions were taken on any of the five items.
Full summary
Opening and Roll Call
- The regular meeting of the Santa Barbara County Board of Supervisors was called to order. A roll call confirmed the presence of all five supervisors. The Pledge of Allegiance was recited.
Approval of Minutes
- A motion was made and seconded to approve the minutes of January 10. The motion carried.
No decision 0–0
Special Recognition: Public Safety Personnel
- The agenda was reordered to include a special recognition of public safety personnel and firefighters. Chief Dyer presented a briefing on a recent incident on Highway 101 south of Buellton involving a large rig rear-ending a car near a bridge. The briefing detailed the rescue of a mother and two children, the stabilization of the vehicle using Navy Seabees equipment and tow trucks, and the management of a diesel fuel spill. Chief Dyer listed the names of the 39 personnel involved, including firefighters, paramedics, and helicopter crews. Several supervisors offered remarks acknowledging the response.
Public Comment
- Two members of the public addressed the board: 1. Dr. Robert Johns: Spoke regarding discrimination and racism in the county, referencing a Martin Luther King Jr. remembrance and alleging fraudulent practices related to the 2008 and 2012 elections and a specific individual claiming to be the mayor of Montecito. 2. Sherry Fisher: Discussed increased ridership on MPD routes serving UCSB and City College, noting a 30% increase over the previous year. She explained that scheduled buses are insufficient, leading to the creation of additional "booster" services at extra expense. She stated that staff is considering the future purchase of articulated buses to meet demand without increasing service levels and mentioned a planned demonstration with a leased 60-foot bus.
Administrative Agenda (Items A1, A2, A3)
- A motion was made and seconded to approve the resolutions presented in items A1, A2, and A3. The motion carried.
- Item A1: Resolution Declaring National Eligibility Professionals Month (January 2012)
- Supervisor Wolf introduced the resolution, which recognizes the role of eligibility workers in the Department of Social Services as the first point of contact for individuals seeking assistance. The resolution commends the staff for their work in maintaining the community safety net. The resolution was read into the record and adopted.
- Item A2: Resolution of Commendation for Ray Munoz (Employee of the Month)
- The board presented a resolution honoring Ray Munoz of the Sheriff’s Department as the January 2012 Employee of the Month. The resolution cited his 27 years of service, his role in coordinating vehicle maintenance and logistics for special services, and his positive attitude. A representative from the Sheriff’s Office spoke to the logistical challenges of the department and Munoz’s contributions. Munoz accepted the commendation. The resolution was adopted.
- Item A3: Resolution of Commendation for Michael B. Emmons (Retiring County Surveyor)
- The board presented a resolution honoring Michael B. Emmons, the County Surveyor, who is retiring after over 14 years of service. The resolution noted his prior 16 years in Orange County, his role in the supervisorial redistricting process, and his receipt of the "County Surveyor of the Year" award in 2010. Emmons addressed the board, thanking his staff, colleagues, and family, and mentioned his intention to open an auto repair shop. The resolution was adopted.
Administrative Agenda (Items A4, A6, A12, A14, A17)
- Public comment was received on several administrative items: 1. Andy Caldwell (CoLab): Spoke on Items A4, A12, and A14. Regarding A4 (Mitigation Fee Act Annual Report), he questioned the disparity in impact fees between Orchid and Goleta, citing specific examples of higher fees in Orchid for similar businesses. Regarding A12 (Tognizini property acquisition), he argued against spending taxpayer funds on inaccessible land while other infrastructure needs remain unmet. Regarding A14 (Montecito Growth Management Ordinance), he stated that growth limits and the "use it or lose it" allotment system result in lost property tax revenue for the county. 2. Suzanne Riordan (Families Act): Spoke on Item A6 (AB 109 impacts report). She discussed the need for programs to address co-occurring mental health and substance use disorders among individuals with non-violent offenses to reduce recidivism. She proposed using state funds for a pilot workforce program and case management. 3. Dr. Robert Johns: Spoke on Item A17 (Appointment of Interim County Surveyor). He expressed hope that the board would conduct a diverse search for the position rather than simply appointing the interim candidate. He also briefly addressed a perceived confusion regarding a contract with "Thomas Walters" and the CEO's name, clarifying there was no relationship.
Discussion and Vote on Administrative Agenda
- Supervisor Levin asked a question regarding the disparity in impact fees mentioned by Mr. Caldwell. Craig Levin, Division Chief of Advanced Accounting in the Auditor-Controller’s Office, explained that fees in Orchid are higher because the area is less developed, and fees are based on the cost of establishing interconnections to the 101 freeway, which are high-value projects. The Chair noted that the CEO’s office is looking into updating impact fees.
- A motion was made and seconded to approve the remaining administrative agenda items. The motion carried.
Departmental Agenda (Items D4 and D5)
- Memos were received requesting to continue Items D4 and D5 to the February 7 hearing.
- Item D4: From Public Health, regarding the Emergency Medical Services Agency proposed new fee and existing fee increase.
- Item D5: From the Ag Commissioner, regarding the revision of Chapter 34C of the County Code (Weights & Measures) and the adoption of a revised fee schedule.
- A motion was made and seconded to continue Items D4 and D5 to the February 7 hearing. The motion carried.
Departmental Agenda (Item D1): Poverty Initiative
- Discussion:
- Supervisor Carbajal introduced the item, noting that the Santa Barbara Foundation has agreed to partner with the county to fund the $30,000 needed for the assessment, which will be matched by federal dollars. This follows a previous attempt to fund the item from contingency funds that did not achieve the required four-fifths majority.
- Kathy Gallagher, Social Services Director, presented data indicating that the poverty rate in Santa Barbara County has increased by 52% since 2007, with 18% of the population (75,000 people) living below the federal poverty level. She highlighted that 22% of children and a significant portion of the elderly are affected. Gallagher explained that the initiative aims to create an inventory of existing services (county, city, non-profit, educational, health) to identify overlaps and improve efficiency. The goal is to identify strategies to improve health status, educational success, and reduce family dysfunction. The report and recommendations are expected to be presented to the board in mid-2012.
- Supervisor Gray asked why the county does not already know the location and extent of poverty. Gallagher explained that a new subset of middle-class families is falling into poverty due to job loss and depleted savings, and that the initiative is needed to understand the specific demographics and geographic concentrations to target resources effectively. She noted that projections indicate poverty rates will continue to rise in the coming years.
- Board members and staff discussed the changing demographics of poverty in the county, noting that while poverty rates are higher in North County, child poverty rates are equal to or higher in South County. The distinction between the federal poverty level and the self-sufficiency rate was raised, with staff confirming that the study will account for the higher cost of living metrics. The Santa Barbara Foundation representative explained that the foundation seeks specific data to inform grant-making, improve county service efficiency, and foster public-private partnerships. The foundation committed to contributing $30,000 to the initiative, removing the need for General Fund expenditure.
- Public commenters expressed opposing views. One commenter argued that the county already spends over $334 million annually on social services and that the study is unnecessary, advocating instead for regulatory rollback and job creation. Another commenter criticized the $30,000 expenditure as a waste of money, stating the data is already available.
- A Supervisor who previously opposed the item stated they now support it due to the inclusion of accountability measures and the Santa Barbara Foundation’s financial contribution, which eliminates General Fund costs. Another Supervisor expressed confidence in staff capabilities and the foundation’s involvement.
- Motion and Vote:
- A motion was made to approve the item. The motion was seconded. The motion carried unanimously.
2012 Legislative Platform
- Discussion:
- Staff provided an update regarding the unexpected closure of the Bridge House Shelter in Lompoc. Staff confirmed that interim services were secured at New Life Christian Center in Lompoc for affected individuals while permanent housing solutions are sought.
- Tom Walters of Tom Walters and Associates reported on the 2011 legislative year, describing it as contentious due to fiscal crises, the debt limit debate, and the sequestration process. He noted that advocacy was largely defensive to protect county programs. Positive accomplishments included the repeal of an unfunded mandate regarding vendor tax withholding and the reauthorization of Child Welfare Services and Promoting Safe and Stable Families programs. He anticipated continued budgetary challenges in 2012 and highlighted upcoming reauthorizations for programs such as Safety Loo, TANF, and the Older Americans Act.
- Staff presented the 2012 Legislative Platform, developed by the Legislative Committee.
- Principles: The committee recommended elevating "Job Growth and Economic Vitality" as the primary principle, alongside local control, interagency collaboration, and preservation of health and human services.
- Federal Funding Priorities: Transportation projects were prioritized, with Highway 101 widening listed as the top regional priority, followed by Hollister Avenue widening and roadway/drainage improvements. Non-transportation priorities included the Santa Maria River Levee (top priority), Lower Mission Creek, Lake Cachuma improvements, and safety improvements at Santa Claus Lane.
- Proposed Legislation: Items included enhancing penalties for child abuse, allowing donation of surplus equipment to CalWORKs/CalFresh clients, Highway 154 safety improvements, Lake Cachuma quagga mussel prevention, and efforts to change the formula for state boater safety funding to benefit Santa Barbara County.
- Targeted Advocacy: Areas included enhancing funding for TANF, Older Americans Act, Safety Loo, Agriculture/Williamson Act subvention, childcare, disaster preparedness, homelessness, and affordable housing. New items included flexibility in housing element goals and streamlining the REA process, as well as tribal gaming and land use issues to ensure the county retains its share of the Special Distribution Fund (SDF).
- Public comment was received:
- One commenter supported the job growth priority but criticized the platform for omitting requests to lift the offshore oil moratorium, reform the Endangered Species Act, suspend AB 32/SB 375, reform CEQA, and reduce Coastal Commission authority. They also raised concerns regarding tribal land use regulations and tax roll implications.
- Another commenter thanked the committee for prioritizing job growth and economic vitality and requested the re-establishment of an Economic Development Committee.
- A third commenter spoke on tribal gaming and land use, requesting that the platform explicitly state the county’s continued support for annual Special Distribution Fund (SDF) funding, including letters of support and lobbyist testimony.
- Staff confirmed that SDF support is consistent with past practice and agreed to add specific language to the platform to explicitly list the county’s support for annual SDF funding as a bulleted action item.
- Motion and Vote:
- A motion was made to approve the 2012 Legislative Platform as presented, including the modifications proposed by board members and the addition of the SDF language. The motion was seconded. The motion carried.
Retirement Board Vacancy
- Discussion:
- The Chair outlined the process for filling a vacancy on the Retirement Board of the Santa Barbara County Employees' Retirement System. The Chair noted that previously, a subcommittee reviewed applications and made a recommendation to the full board. The Chair asked the board to decide whether to use a subcommittee (either the same or a different one) to review the four applications received (three by the deadline, one late) or to proceed directly to full board discussion and selection at a future meeting.
- Supervisor Lavinino proposed that the full Board, rather than a subcommittee, should handle the appointment process to ensure broader engagement and avoid parochial considerations, citing the importance of the $2 billion fund. Supervisor Gray emphasized the need for candidates to be financially qualified and committed to long-term service, noting that previous appointees sometimes lacked sufficient expertise or tenure. Supervisor Lavagnino supported full Board involvement to ensure consensus. Supervisor Wolf noted that the subcommittee process had been effective in identifying qualified candidates but agreed that the full Board should have the final say.
- Staff (Kathy Staples) explained that under the Brown Act, individual interviews by board members are not permitted; instead, candidates could present to the full Board, followed by a nomination and voting process. The Board discussed the current four applications and the need for a more robust application process, including supplemental materials detailing candidates' qualifications and commitment to serve.
- Motion and Vote:
- Supervisor Wolf moved to direct the Clerk of the Board to schedule a meeting in January, allocating at least two hours for the appointment process, with the agenda item phrased to allow the Board the option to make an appointment. Supervisor Gray seconded the motion. The motion was amended to include the scheduling of the meeting for the next regular session (January 24) and to request supplemental materials from applicants. The motion passed.
Public Parking in High Fire Danger Areas (Mission Canyon)
- Discussion:
- The Office of Emergency Services presented recommendations regarding parking restrictions on Tunnel Road in Mission Canyon during Red Flag Warning days. Supervisor Carbajal provided context, noting the area’s unique geography (box canyon, single access point) and the history of fire safety efforts. Michael Harris from the Office of Emergency Services explained that the proposal involves installing flip-down signs prohibiting parking on Tunnel Road specifically during Red Flag Warning days to ensure clear evacuation routes. He clarified that this is distinct from existing "parking restrictions enforced" signs in other areas, which serve as general notices rather than outright bans. The rationale for the specific ban on Tunnel Road is the narrowness of the road, limited drainage, and the single exit point, which creates significant evacuation risks when vehicles are parked illegally or block the road.
- Supervisor Wolf questioned the consistency of parking regulations across the county, asking why some areas have "restricted" signs while others would have "no parking" signs. Mr. Harris explained that the specific conditions of Tunnel Road (single access, narrow width) necessitate a stricter "no parking" rule compared to other areas with multiple exits or wider roads. Mr. Smart from Public Works added that existing signs in high-fire areas are used to enforce existing parking laws (e.g., no double parking) during Red Flag days, but the new proposal is a specific prohibition for Tunnel Road.
- Public comments were heard from residents of Mission Canyon, including Marianne Muntz, Lynn McEwen-Cohen, Raymond Smith, Barbara Lindeman, Jenny Cushney, and Richard Axelrod. Speakers generally supported the proposal, citing safety concerns regarding evacuation, fire suppression access, and the dangers posed by illegal parking and increased visitor traffic during high-fire risk periods. Some speakers noted that the current "restricted" signs are insufficient and that a clear "no parking" mandate is necessary for public safety.
- Motion and Vote:
- Supervisor Carbajal moved to approve the staff recommendations. The motion was seconded. The motion passed.
Closed Session
- The Board entered closed session to discuss five items: one existing litigation case, one anticipated litigation case with significant exposure, two anticipated litigation cases regarding initiation, and one public employee performance evaluation. Upon returning to open session, the Clerk reported that no reportable actions were taken on any of the five items.
Hearing Regarding Mr. Bagdasarian
- Discussion:
- The Board considered a hearing regarding an application or project involving Mr. Bagdasarian. Supervisor Carbajal noted that an agreement had been reached with county staff and the applicant that mitigates most issues, and that community members requested a continuance to review the agreement. Mr. Bagdasarian confirmed his willingness to continue the item to the next week. Staff indicated that the hearing would likely take 30 minutes rather than the originally estimated hour.
- Dr. Robert Johns requested to speak regarding the continuance, raising concerns about a conflict of interest and discrimination. The Chair and Counsel advised that only comments relevant to the continuance were in order at that time. Dr. Johns was instructed to limit his comments to the continuance or step down.
- Motion and Vote:
- Supervisor Carbajal moved to continue the item to the hearing on the 24th for approximately 30 minutes. The motion was seconded. The motion passed.
CEQA Review of Resource Recovery Project at Tejon Landfill (Mustang Renewable Power Proposal)
- Discussion:
- Staff presented an update on a regional waste management project for the South Coast, affecting the cities of Buellton, Goleta, Santa Barbara, and Salt Lake. The proposal, submitted by Mustang Renewable Power, includes a Material Recovery Facility (MRF) to recover recyclables and an anaerobic digester to process organics, with the remaining waste landfilled at the Tehachapi Landfill. Staff noted that the project aims to reduce landfilling by more than 50%, meet state mandates regarding diversion rates and greenhouse gas reductions, and provide a 20-year solution. The proposal was selected from four responsible proposals after a procurement process beginning in 2007. Thermal gasification technology was excluded from the current proposal due to permitting uncertainties and community concerns.
- Mustang Renewable Power representatives explained that the MRF will use screens, magnets, and optical sorting to recover recyclables and organics. The anaerobic digester will use dry fermentation to process organics into biogas for energy production, a biological process distinct from incineration or gasification. The estimated capital cost is between $48 million and $60 million, to be privately financed, with 60% potentially sourced from the California Pollution Control Financing Authority. Revenue will be generated through tip fees, with provisions for sharing revenues from energy sales and recyclable commodities if they exceed certain thresholds. Staff clarified that the project is not a county-financed debt obligation but a privately financed facility where the county and partner cities would contract for service.
- Board members and staff discussed several key issues:
- Technology Distinction: Clarifications were provided distinguishing anaerobic digestion from incineration and gasification, noting that the proposed technology is biological and does not involve thermal processes.
- Financial Risk and Tonnage: Questions were raised regarding the risk of not meeting minimum tonnage guarantees, referencing the Harrisburg, Pennsylvania, incinerator failure. Staff explained that the project relies on contractual agreements for flow guarantees and that cost structures could be designed to protect ratepayers from shortfalls, potentially through shared tonnage allocations among jurisdictions or rate structures based on minimum delivery.
- Construction and Local Impact: The local contractor, Diani Building Corp, stated that 80-90% of construction labor and materials would remain local, with an estimated 30 workers on site for up to 1.5 years.
- CEQA and Environmental Review: Staff proposed that the County act as the lead agency for the Environmental Impact Report (EIR). Mustang Renewable Power agreed to pay for the preparation of the EIR and associated technical studies.
- Legal and Coastal Issues: Questions were raised regarding potential legal challenges and coastal development permits. Staff noted that current landfill operations are outside the coastal zone, but the new facility’s location relative to the coast would need to be addressed. The cost of legal challenges was not yet determined.
- Community Participation: A supervisor suggested allowing public stakeholders to participate in the selection of the EIR consultant to increase transparency.
- Public comment was received:
- One speaker questioned the scientific viability and safety of the project, suggesting it was conjecture.
- A representative from the Gaviota Coast Conservancy supported the project but raised concerns about siting the facility on unstable fill material at the Tehachapi Landfill, citing risks of ground settling and leachate migration. They urged the EIR to consider alternative locations and evaluate the project in the context of the entire waste disposal system, noting the Board’s 1999 commitment to close the landfill by 2014.
- A supervisor expressed concern about the location at Tehachapi due to its proximity to the ocean and Highway 101, stating a preference for an alternative site.
- A board member emphasized the need for a diligent and robust Environmental Impact Report (EIR) that thoroughly analyzes all project options, feasibilities, and alternatives, including a vendor proposal for a site in Santa Barbara to minimize the footprint in Tahequas. The member stated the goal is to pursue the most feasible project in the interest of taxpayers and environmental protection.
- Another board member expressed support for the staff report, noting the clarity of the presentation regarding the technology and stakeholder meetings. This member raised a concern regarding the selection of the EIR consultant, noting that while the project is paid for by Mustang, the county or partners should be involved in the process.
- Staff clarified that the hiring of the EIR consultant will be a board contract, requiring a return to the board for approval of the consultant and the term sheet. Staff indicated an intention to conduct the notice of preparation and scoping hearing prior to returning to the board, ensuring community input is included in the project description evaluated by the consultant.
- A board member reiterated the importance of providing a robust analysis of alternatives in the EIR, rather than a brief comment on submitted materials. Another board member described the upcoming actions as incremental steps to move the project forward and gather more information.
- Motion and Vote:
- A motion was made and seconded to adopt the five recommended actions outlined in the staff report. The motion carried unanimously.
Adjournment and Memorials
- The board closed the meeting in honor of several deceased community members. One board member spoke in memory of Richard Lee, a member of the legal community, volunteer, and AA member who passed away at age 60. Another board member spoke in memory of Mike Peplinski (known as Peppy the Clown), Greg Cox, and Toppy Reese (known as Cowboy Toppy). The meeting was adjourned until the next scheduled session.