BOARD OF SUPERVISORSApril 3, 2012

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 April 3, 2012

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Meeting Summary

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At a glance

Minutes Approval

  • The Board approved the minutes from the March 20, 2012 meeting.

Administrative Agenda

  • The Clerk noted agenda changes, including the continuation of the Outpost Trading Boutique wine license item and the removal of the Southern California Edison Emergency Permit item.
  • The Board approved the remaining administrative agenda items as amended.

CALM "I Will Not Be Silent" Campaign Resolution

  • Supervisor Carbajal presented a resolution highlighting the work of Child Abuse Listening Mediation (CALM).
  • CALM representatives spoke on the importance of reporting abuse and supporting survivors.
  • The Board adopted the resolution.

National County Government Month and Public Health Week Resolution

  • Supervisors Carbajal and Wolf co-sponsored a resolution proclaiming April 2012 as National County Government Month and National Public Health Week.
  • Public Health officials discussed department services, including clinics and disease control.
  • The Board adopted the resolution.

National Poetry Month Resolution

  • Supervisors Farr and Wolf presented a resolution acknowledging the County Arts Commission and the "Poetry Out Loud" competition.
  • A student from Dos Pueblos High School recited a poem during the presentation.
  • The Board adopted the resolution.

Bethania Lutheran Church Centennial Resolution

  • Supervisor Farr presented a resolution honoring the 100th anniversary of Bethania Lutheran Church.
  • The church secretary spoke regarding the congregation's educational programs and cemetery.
  • The Board adopted the resolution.

Fire Department Equipment Donation

  • The Santa Barbara Firefighters Alliance spoke in support of authorizing the Fire Department to accept a donation of life-pack units and rapid intervention crew packs.
  • The Board approved the item as part of the general administrative agenda.

Southern California Edison Emergency Permit

  • Staff explained that the emergency permit covered a specific 2,000-foot section of deteriorated wire that caused a brush fire.
  • Staff clarified that a full permit process with a hearing is still required for this work, distinct from the broader 66 kV reconductoring project.
  • The Board approved the item as part of the general administrative agenda.

Las Vargas Ranch Project Hearing

  • Applicants requested the Board be granted latitude to take final action at the April 17 hearing to avoid costly sequential hearings.
  • Supervisor Farr expressed concern about the Planning Commission’s process but noted the Board should not make a final decision before the Planning Commission completes its evaluation.
  • The Board approved the item as part of the general administrative agenda.

Agenda Item 1 Withdrawal

  • The Board voted to withdraw Item 1 from the agenda.

Redevelopment Oversight Board Appointments

  • The Assistant County Executive Officer presented recommendations for filling member-of-the-public seats on seven successor agency oversight boards.
  • The Board approved the appointments for Dan Secord, Dan Idelson, Nicholas Gonzalez, and Carol Van Sand.
  • The Chair announced the appointment of Alex Tuttle as the RDA employee representative for the Isla Vista board.

Weights and Measures Fees and Scanner Program

  • Staff recommended against creating a fee reduction for water vending machines due to high failure rates.
  • Staff proposed a 50% fee reduction for small businesses meeting specific criteria for the price scanner accuracy program.
  • The Board passed separate motions to approve the device registration fees and the price scanner program, including a provision for stickers in English and Spanish.

Parks Code Amendments

  • Staff presented recommended minor changes to Chapter 26 of the County Code, including updates to staff titles and off-leash dog rules.
  • Supervisor Wolk asked about inconsistencies in language defining enforcement authority.
  • The Board decided to trail the item to allow staff time to review the sections and ensure consistent language.

Courthouse Grounds Special Use Fees

  • The Board adopted a proposed fee schedule for the Santa Barbara County Courthouse grounds with two modifications.
  • The modifications included adding an exemption for events co-sponsored by county departments and changing the discount for 501(c)(3) non-profits holding free public events from 10% to 50%.
  • The Board directed staff to return in 60–90 days with a countywide analysis of fee consistency and the financial impact of the 50% discount.

Closed Session

  • Counsel reported that the board held closed sessions for existing litigation, a conference with the Real Property Negotiator, a conference with the Labor Negotiator, and a Public Employee Performance Evaluation.
  • The board voted unanimously to approve settlements in the litigation matters, including two full releases with county providers and the culmination of a four-year settlement agreement with ADMHS.
  • The ADMHS settlement will return approximately $4.8 million to the county, plus an additional $500,000 pending accounting reconciliation.

Parks Code Language Clarification

  • Staff presented a summary of language changes to a document, clarifying definitions for roles such as Community Services Director and Park Ranger.
  • County Counsel had already approved the language changes.
  • The Board approved the item.

Sealed Bid Sale of Tax-Defaulted Property

  • The Treasurer-Tax Collector requested approval for a sealed bid sale of two landlocked parcels that went tax-defaulted in 1998.
  • The parcels are landlocked with no known easements, making them unsuitable for public auction.
  • The Board approved staff’s recommendation for the sealed bid sale.

Tax Auction of Tax-Defaulted Property

  • The Treasurer-Tax Collector requested approval for a tax auction of a property that went tax-defaulted in 2003.
  • Staff noted multiple attempts to contact the owner and referrals to Adult Protective Services due to concerns about the owner’s well-being.
  • The Board approved the tax auction.

Union Valley Parkway Extension Phase 3 Acquisition

  • Staff recommended the adoption of a Resolution of Necessity to acquire property from Walmart Stores Incorporated for the Union Valley Parkway Extension Phase 3.
  • Walmart’s attorney stated that Walmart does not oppose the project but objects to the current Resolution of Necessity because it creates non-legal parcel remnants.
  • The Board approved staff’s recommendation to adopt the Resolution of Necessity, accept the Planning Commission’s consistency finding, and find consistency with the EIR.

Social Services Adjusted Budget

  • The Director presented the adjusted budget for FY 2011-2012, reflecting actual state revenue allocations.
  • The department is using these funds to fill existing vacant, unfunded positions rather than adding new legal positions.
  • The Board approved the item.

Memorial Remarks

  • The Chair provided a biographical summary of Peter Douglas, the third executive director of the California Coastal Commission.
  • A supervisor offered remarks honoring Babatunde Folami, a past city councilman for the City of Santa Barbara.

Full summary

Minutes Approval

  • A motion was made and seconded to approve the minutes of the March 20, 2012 meeting. The motion passed.

Administrative Agenda (General Approval)

  • The Clerk noted changes to the agenda, including the continuation of Item A11 (Outpost Trading Boutique wine license) to the April 11 meeting and the removal of Item A12 (Southern California Edison Emergency Permit) at the request of Supervisor Carbajal. Public comment slips were noted for Items A8 and A21. A motion was made and seconded to approve the remaining administrative agenda items as amended. The motion passed.

Item A1: Resolution Recognizing CALM’s "I Will Not Be Silent" Campaign

  • Supervisor Carbajal presented the resolution highlighting the work of Child Abuse Listening Mediation (CALM). A representative from CALM and the Board President of CALM spoke regarding the importance of reporting abuse and supporting survivors. The resolution was adopted. The motion passed.

Item A2: Resolution Proclaiming April 2012 as National County Government Month and National Public Health Week

  • Supervisors Carbajal and Wolf co-sponsored the resolution. Comments were provided by the Public Health Director and a representative from the Public Health Department regarding department services, including clinics, disease control, and health promotion. The resolution was adopted. The motion passed.

Item A3: Resolution Proclaiming April 2012 as National Poetry Month

  • Supervisors Farr and Wolf presented the resolution, acknowledging the County Arts Commission and the "Poetry Out Loud" competition. Madeline Centrella, a student from Dos Pueblos High School, recited a poem. The resolution was adopted. The motion passed.

Item A4: Resolution Honoring the 100th Anniversary of Bethania Lutheran Church

  • Supervisor Farr presented the resolution honoring the church’s centennial, history, and community services. The church secretary spoke on behalf of the congregation regarding educational programs and the cemetery. The resolution was adopted. The motion passed.

Item A8: Fire Department Equipment Donation

  • Susan Petrovich, Vice President of the Santa Barbara Firefighters Alliance, spoke in support of authorizing the Fire Department to accept a donation of life-pack units and rapid intervention crew packs. This item was included in the general approval of the administrative agenda. The motion passed.

Item A12: Southern California Edison Emergency Permit

  • Supervisor Carbajal requested clarification regarding an emergency permit issued to Southern California Edison for replacing failed cable wire that caused a brush fire. Staff explained that the permit covered a specific 2,000-foot section of deteriorated wire and that a full permit process with a hearing is still required for this work. Staff clarified that this is distinct from the broader 66 kV reconductoring project under review by the CPUC and Coastal Commission. This item was included in the general approval of the administrative agenda. The motion passed.

Item A21: Set Hearing for Las Vargas Ranch Project

  • Susan Petrovich, speaking on behalf of the applicants, requested that the Board be granted the latitude to take final action on the project at the April 17 hearing rather than sending it back to the Planning Commission, arguing that sequential hearings are costly. Supervisor Farr expressed concern about the Planning Commission’s process but noted the Board should not make a final decision before the Planning Commission completes its evaluation. This item was included in the general approval of the administrative agenda. The motion passed.

Public Comment

  • Speakers addressed the Board regarding the importance of courthouse events to the dance community (Fiesta Spirits) and foreclosure issues, including fraud and illegal trustee sales. Several speakers requested the Board direct the County Recorder, District Attorney, and Sheriff to investigate and halt foreclosure sales. County Counsel clarified that the Board of Supervisors generally has no power to direct how the District Attorney or Sheriff conduct their investigations or prosecutions, as they are constitutional officers with independent discretion.

Agenda Item 1 (Withdrawn)

  • A motion was made and seconded to withdraw Item 1 from the agenda. The motion passed.

Departmental Item 2: Appointments to Redevelopment Oversight Boards

  • The Assistant County Executive Officer presented subcommittee recommendations for filling member-of-the-public seats on seven successor agency oversight boards. The recommendations included Dan Secord (Buelton and Lompoc), Dan Idelson (Goleta and Isla Vista), Nicholas Gonzalez (Guadalupe and Santa Maria), and Carol Van Sand (Santa Barbara City). The Chair also announced the appointment of Alex Tuttle as the RDA employee representative for the Isla Vista board. A motion was made and seconded to approve the appointments. The motion passed.

Agenda Item 3: Weights and Measures – Device Registration Fees and Price Scanner Accuracy Program

  • Kathy Fisher, Director of Weights and Measures, presented staff recommendations for a sustainable device inspection program and a price scanner accuracy program. Staff recommended against creating a fee reduction for water vending machines, citing high failure rates compared to gas pumps. For the scanner program, staff proposed a 50% fee reduction for small businesses meeting specific criteria (single location, 1–3 scanning stations, gross retail sales of $200,000 or less).
  • Board members discussed the balance between consumer protection and small business relief. Supervisor Lavagnino opposed the scanner program, arguing the allowance was not the requested exemption and that requiring tax returns created bureaucratic burdens. Supervisor Gray questioned the feasibility of maintaining scanner accuracy between inspections. Staff explained that initial inspections would be followed by unannounced re-inspections until compliance is met.
  • Public comment included opposition from the Store Merchants Association and Water for Less regarding the scanner program and water vending machine fees, respectively, and support from Dr. Robert Johns for the program’s role in protecting vulnerable populations.
  • The Board considered splitting the item into two motions: 1. Device Registration Fees: A motion was made by Supervisor Carbajal and seconded by Supervisor Wolk. The motion passed. 2. Price Scanner Program: A motion was made by Supervisor Carbajal, including a provision for stickers in English and Spanish, and seconded by Supervisor Wolk. The motion passed.

Agenda Item 4: Community Services – Amendments to Chapter 26 of the County Code (Parks)

  • Brian Roney, Deputy Director of Parks Division, presented recommended minor changes to Chapter 26, including updating staff titles, off-leash dog rules, boating safety regulations, and fines. Supervisor Wolk asked about inconsistencies in language defining enforcement authority. Staff explained that broader language was intended to include part-time staff and designees. The Board decided to trail the item to allow staff time to review the sections and ensure consistent language regarding enforcement authority. No vote was taken at this time.

Agenda Item 5: Community Services – Courthouse Grounds Special Use Fees

  • Herman Parker, Director of Community Services, presented a resolution to establish special use fees for the Santa Barbara County Courthouse grounds. The proposed structure includes specific fees for designated areas, a flat fee for all-day use, and discounts for setup/takedown and 501(c)(3) non-profits.
  • Public comment included concerns from Noches de Ronda, Linda Vega Dance Studio, and Old Spanish Days Fiesta regarding fee increases impacting free public events. Phil Seymour proposed an exemption for events co-sponsored by county departments.
  • Dave Whitehead, Public Works Director, requested further review of fee exemptions for non-profits hosting free public benefit events. Supervisor Wolfe suggested a 50% discount for 501(c)(3) organizations holding free public events. Supervisor Gray raised concerns about consistency across county facilities. Staff noted that implementing a new 50% discount policy would require 60–90 days for financial impact analysis.
  • A motion was made by Supervisor Gray and seconded by Supervisor Wolfe to adopt the proposed fee schedule with two modifications: (1) adding an exemption for events co-sponsored by county departments, and (2) changing the discount for 501(c)(3) non-profit organizations holding free public events from 10% to 50%. The Board directed staff to return in 60–90 days with a countywide analysis of fee consistency and the financial impact of the 50% discount. The motion passed.

Closed Session Report

  • Counsel reported that the board held closed sessions for existing litigation (State Department of Mental Health v. ADMHS and County of Santa Barbara v. Department of Mental Health), a conference with the Real Property Negotiator, a conference with the Labor Negotiator, and a Public Employee Performance Evaluation. In the litigation matters, the board voted unanimously to approve settlements. These settlements included two full releases with county providers (FSA and PathPoint) and the culmination of a four-year settlement agreement with ADMHS, which will return approximately $4.8 million to the county, plus an additional $500,000 pending accounting reconciliation.

Agenda Item 4 (Continued): Community Services Department – Language Clarification

  • Staff presented a summary of language changes to a document, clarifying definitions for roles such as Community Services Director, Deputy Director, Park Operations Manager, Park Ranger, and lifeguard agents. County Counsel had already approved the language changes. Supervisor Wolfe moved to approve the item. The motion passed.

Agenda Item 6: Treasurer-Tax Collector – Sealed Bid Sale of Tax-Defaulted Property

  • Treasurer-Tax Collector Harry Hagan requested approval for a sealed bid sale of two landlocked parcels that went tax-defaulted in 1998 and were not redeemed. Probate proceedings determined the property value did not warrant administration. The parcels are landlocked with no known easements, making them unsuitable for public auction. The proposed sale date is June 27. One speaker raised unrelated concerns regarding Casa de la Raza; the Chair and Counsel ruled the comment out of order. A motion was made to approve staff’s recommendation for the sealed bid sale. The motion passed.

Agenda Item 7: Treasurer-Tax Collector – Tax Auction of Tax-Defaulted Property

  • Treasurer-Tax Collector Harry Hagan requested approval for a tax auction of a property that went tax-defaulted in 2003 and was not redeemed. The statutory deadline for collection action is June 30, 2012. The auction is scheduled for June 26, 2012. Staff noted multiple attempts to contact the owner and referrals to Adult Protective Services and Social Services due to concerns about the owner’s well-being, but no response was received. If the property sells for more than the tax burden, excess proceeds will be held in trust for one year for claims by interested parties, with any remainder going to the owner of record. A motion was made to approve the tax auction. The motion passed.

Agenda Item 8: General Services and Public Works – Union Valley Parkway Extension Phase 3 Acquisition

  • Staff recommended the adoption of a Resolution of Necessity to acquire property from Walmart Stores Incorporated for the Union Valley Parkway (UVP) Extension Phase 3. This is the first step in eminent domain proceedings. The project aims to connect Blosser Road to Highway 101, with a completion target of November 2013. Negotiations with Walmart over 16 months have not resulted in an agreement. Walmart’s attorney stated that Walmart does not oppose the project but objects to the current Resolution of Necessity because it creates non-legal parcel remnants and does not offer compensation for the impact of these remnants. Staff recommended a parallel path: continuing negotiations while proceeding with the Resolution of Necessity to protect the project timeline. One speaker expressed a preference for a voluntary agreement rather than eminent domain. Supervisor Gray moved to approve staff’s recommendation (adopting the Resolution of Necessity, accepting the Planning Commission’s consistency finding, and finding consistency with the EIR). Supervisor Lavagnino seconded. The motion passed.

Agenda Item 9: Social Services – Adjusted Budget for Fiscal Year 2011-2012

  • Director Kathy Gallagher presented the adjusted budget for FY 2011-2012. The adjustment reflects actual state revenue allocations, which have increased due to a slightly improving economy. The department is using these funds to fill existing vacant, unfunded positions rather than adding new legal positions. This allows the department to meet mandated compliance timelines and fund programs such as AB 98 subsidized employment and drug treatment for parents in Child Welfare cases. The department has not added new positions in eight years.
  • Supervisors inquired about the number of positions being filled and their placement. Staff indicated the majority are in client services and benefits areas and confirmed that no new positions are being created. A department representative addressed questions regarding budget projections, explaining that estimates are conservative and based on state caseload projections. They described internal budget management practices, including monthly detailed monitoring and weekly hiring approvals reviewed by the executive team. One public speaker raised concerns regarding labor relations with Local 721; the Chair ruled the comment off-topic. A motion was made and seconded to approve the item. The motion carried.

Memorial Remarks

  • The Chair provided a biographical summary of Peter Douglas, the third executive director of the California Coastal Commission, noting his appointment in 1985, prior roles, and recent passing. A supervisor offered remarks honoring Babatunde Folami, a past city councilman for the City of Santa Barbara, noting his community service and recent passing.

Adjournment

  • The meeting was adjourned, with the next meeting scheduled for the following week in Santa Maria.