Meeting Summary
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At a glance
Administrative Agenda
- The Board adopted resolutions honoring retiring employees, local organizations, and community milestones.
- A correction was made to Item A-16 to clarify the Board's role as a successor agency for the former Redevelopment Agency.
- The Board accepted a crystal gift for the Santa Barbara Courthouse Clock Room in recognition of volunteer restoration efforts.
- The Board approved the balance of the administrative agenda items.
Financial Status Report
- The Auditor-Controller presented the June 30, 2012 financial report, noting a $2.4 million net negative in governmental funds due to redevelopment dissolutions and debt refinancing.
- The General Fund ended with a positive balance of $18 million, contributing to a total fund balance of $85 million.
- Staff explained that new GASB rules will require unfunded pension liabilities to be carried on balance sheets, potentially affecting unrestricted net assets.
- The Board received and filed the report.
Public Health – Code Violations at 650 Russell Way
- Staff reported a failed septic system creating a public health hazard, noting that repair is infeasible due to lot size and soil conditions.
- The proposed solution is to connect the property to the public sewer system, with estimated costs of approximately $61,800.
- Staff recommended recovering costs through a property tax assessment to ensure timely payment compared to the uncertainty of a lien.
- The Board adopted a resolution to recover costs via tax assessment and determined the activity is exempt from CEQA review.
Public Works – 72-Hour Parking Limit Ordinance
- Staff recommended reducing the maximum parking time on county roads from 120 hours to 72 hours to align with surrounding jurisdictions.
- Enforcement is complaint-driven by the California Highway Patrol, which issues tickets and may tow vehicles after the limit is exceeded.
- The Board approved the first reading of the ordinance, with the second reading scheduled for September 4.
Roadway Enhancement Partnership (REP) Program
- Public Works presented a report on the REP program, which allows volunteers to donate time and materials for county road improvements.
- The Board adopted resolutions recognizing seven groups that have participated in the program for five or more years.
- Supervisors discussed the geographic distribution of recognized groups and the provision of safety equipment by the county.
- The Board received and filed the report and adopted the recognition resolutions.
No decision 0–0
Planning and Development – Olson Appeal
- Staff recommended denying an appeal regarding a 70.32-acre lot split in the Goleta Community Plan area, where the largest parcel would be sold to the Trust for Public Land for conservation.
- The appellant argued that the split would lead to the loss of the golf course and negative environmental impacts, while the applicant emphasized the restoration of wetlands.
- Public commenters generally supported the project, citing wetland restoration benefits, though some raised concerns about wildlife and water management.
- The Board denied the appeal, approved Tentative Parcel Map 7, and approved Coastal Development Permit 12-CDH-9.
Failed 1–2 · in favor: Carbajal
Goolsbee and Goolsbee K Appeal – Verizon Wireless Facility
- The applicant and appellants agreed to a continuance to allow for further meetings and potential resolution of the dispute.
- Verizon Wireless stated it is constrained by its current location and cannot commit to a longer delay without certainty regarding an alternative site.
- The Board continued the hearing to September 4 to allow parties to continue negotiations.
Closed Session
- The Board entered closed session to discuss existing litigation and confer with labor negotiators.
Full summary
Meeting Overview
- The Santa Barbara County Board of Supervisors convened for its regular meeting on August 21, 2012. Roll call confirmed the presence of all supervisors, and the Pledge of Allegiance was recited.
Approval of Minutes
- A motion was made to approve the minutes, seconded by Supervisor Lavagnino. The motion carried.
Failed 1–2 · in favor: Carbajal
Administrative Agenda (Items A-14 through A-17)
- Agenda Corrections: Supervisor Lavagnino requested a correction to the language of Recommendation A for Item A-16, clarifying that the Board acts as a successor agency to the former Santa Barbara County Redevelopment Agency and authorizes the chair to execute the lease agreement in substantial conformity.
- Resolutions and Proclamations: The Board presented and adopted several resolutions and proclamations:
- A resolution honoring Steve Cushman upon his retirement from the Santa Barbara Region Chamber of Commerce after 24 years of service.
- A resolution honoring the 40th anniversary of the Greater Santa Barbara Youth Baseball League.
- A resolution of commendation for Celia Caldwell, Employee of the Month for August 2012, from the Planning and Development Department.
- A resolution honoring the 100th anniversary of Devereux, California.
- A resolution honoring the 100th anniversary of the San Ynez Library.
- A resolution of commendation for Custody Deputy Special Duty Tracey Joanne Martinez upon her retirement from the Sheriff’s Office after 22 years of service.
- A resolution of commendation for Custody Deputy Denise Suzanne Beach upon her retirement from the Sheriff’s Office after 20 years of service.
- Item A-14 (Santa Barbara Courthouse Clock Room): The Board discussed the acceptance of a gift for the Santa Barbara Courthouse Clock Room. CEO Waller presented a crystal gift to Mostyn Gale, a retired engineer and volunteer who helped restore the courthouse clock. The Courthouse Legacy Foundation and donor families were acknowledged for their contributions to the restoration.
- Item A-15 (Caltrans Excess Land): Public comment was received regarding the purchase of Caltrans excess land at Burton Mesa and Harris Road. A speaker expressed concerns about removing land from the tax rolls and the necessity of the buffer zone.
- Item A-17 (Coastal Resource Enhancement Fund): Public comment was received regarding the Coastal Resource Enhancement Fund (CREF) five-year assessment. A speaker raised concerns about the fund's usage and requested disclosure of funds.
- Final Administrative Agenda Vote: A motion was made to approve the balance of the administrative agenda. The motion carried.
Public Comment
- One speaker addressed the Board regarding the CREF fund and made allegations concerning Supervisor Carbajal’s staff. The Chair issued warnings to the speaker to stay on topic and speak civilly. Supervisor Carbajal stated that the speaker was defaming non-elected staff. The speaker was removed from the podium.
Agenda Item 1: Financial Status Report
- Discussion: The Auditor-Controller presented the June 30, 2012 Financial Status Report for Fiscal Year 2011–12. CEO Waller provided an overview of factors complicating the county’s financial statements, including the dissolution of redevelopment agencies, public safety realignment, ARRA funding changes, and debt refinancing transactions. Staff presented economic and financial indicators, noting 10 consecutive quarters of positive GDP growth, slow recovery in property tax, and high unemployment. The report highlighted that governmental funds ended with a net negative of $2.4 million, primarily due to unusual transactions related to Redevelopment Agency dissolutions and debt refinancing. The General Fund ended with a positive balance of $18 million, increasing the total fund balance to $85 million. Specific fund variances were discussed, including positive variances in General Revenues, Human Resources, Sheriff, and Probation, and negative variances in Public Health, Mental Health Services, and the Workers’ Compensation Self-Insurance Fund (which ended with a $7.9 million deficit).
- Questions and Comments: Board members inquired about the Workers’ Compensation deficit, the drivers of credit ratings, and the impact of new Government Accounting Standards Board (GASB) rules requiring unfunded pension liabilities to be carried on balance sheets. Staff explained that the pension liability would appear on entity-wide financial statements, potentially making unrestricted net assets negative, but would not directly alter the "balanced budget" definition, which is based on retirement rates. Staff noted that the Retirement Board is updating its actuarial valuation and beginning an actuarial investigation. A public speaker raised concerns regarding Moody’s consideration of pension debt in credit ratings, the GASB changes, and the cost of sewer connections versus septic systems.
- Action and Vote: The Board moved to receive and file the report. The motion carried.
Agenda Item 2: Public Health – Code Violations at 650 Russell Way
- Discussion: Staff reported on a failed septic system at 650 Russell Way, an unincorporated area adjacent to the City of Santa Barbara. The system has failed to the point where effluent is pooling on the surface and running into the street, creating a public health hazard. The property is in foreclosure and owned by a bank that has not responded to notices. Staff explained that repair is not feasible due to lot size, soil quality, and effluent volume. The proposed solution is for the County to connect the property to the public sewer system. Staff estimated costs at approximately $7,800 for past expenses and $54,000 for connection costs, including a lift station. Staff recommended recovering these costs through a property tax assessment rather than a lien, citing the certainty of payment within the tax year compared to the uncertainty of civil processes involving the bank and potential buyers.
- Questions and Comments: Board members asked why a lien was not chosen over a tax assessment. Staff explained that the tax assessment ensures payment within the tax year, whereas a lien could involve prolonged negotiations or civil processes. A public speaker questioned why a new septic system was not recommended, citing lower costs. Staff responded that the property size and soil conditions make a new septic system infeasible and that the high cost of sewer connection is due to the requirement for a lift station, which is comparable to costs in other areas.
- Action and Vote: The Board moved to adopt a resolution to recover the costs of connecting the property to the public sewer through a property tax assessment and to determine that the activities are exempt from CEQA review. The motion carried.
Agenda Item 3: Public Works – 72-Hour Parking Limit Ordinance
- Discussion: Staff recommended revising the Santa Barbara County Code to reduce the maximum parking time on county roads from 120 hours to 72 hours. Staff noted that all surrounding counties and all cities within Santa Barbara County currently enforce 72-hour limits. Enforcement is complaint-driven by the California Highway Patrol (CHP), which tags vehicles, issues a $67.50 ticket after 72 hours, and may tow the vehicle after an additional 72 hours. This is the first reading of the ordinance; the second reading is scheduled for September 4, with the ordinance taking effect October 4 following the 30-day waiting period.
- Questions and Comments: A Board member noted that complaints often originate from Board offices before being forwarded to CHP. Another Board member supported the measure as a consistency ordinance and a step to alleviate constituent complaints regarding long-term parking in the unincorporated area.
- Action and Vote: The Board moved to approve staff’s recommended actions for the first reading of the ordinance. The motion carried.
Agenda Item 4: Roadway Enhancement Partnership (REP) Program
- Discussion: Public Works presented a report on the Roadway Enhancement Partnership (REP) program, which allows volunteers to donate time, materials, and funding for county road improvements at their own cost. The presentation covered the program’s history, noting it was approved by the Board on September 20, 2005, to supplement existing partnership programs and address maintenance backlogs. Typical projects include tree planting and maintenance, litter and debris removal, graffiti removal, drainage repairs, landscaping, street sweeping, and roadway surface treatments. The presentation highlighted that the program provides safety training, equipment, and permits for volunteers to work in the public right-of-way. Permits are issued on an annual basis and can cover capital projects, maintenance projects, or both.
- Resolutions: The presentation included resolutions recognizing seven groups that have participated in the program for five or more years:
- 1. Montecito Association (1st District): Joined in 2006; removed graffiti on roadways, bike paths, and bridges. 2. Nunez and Lopez Families (3rd District): Joined in 2007; removed litter and weeds along Brown Road. 3. Bug Noodle Livestock (3rd District): Joined in 2006; removed litter and weeds along Black Road. 4. Elks Lodge 1538 (4th District): Joined in 2006; removed litter along five roads in the Orchard area. 5. Lake Marie Homeowners Association (4th District): Joined in 2006; provided ongoing street sweeping in Lake Marie Estates. 6. Old Town Orchid Revitalization Association (OTOR) (4th District): Joined in 2006; installed benches and planted/maintained trees along Clark Avenue. 7. Firestone Curtis Wineries (3rd District): Planted and maintained oak trees and removed litter on Zaca Station Road and Foslin Canyon Road.
- Board Comments: Supervisor Lavagnino noted that the Elks Lodge is located in the 5th District but performs work in the 4th District. Supervisor Wolf highlighted partnerships in the 2nd District, specifically mentioning Patterson and San Simeon Street, where constituents have contributed to hardscape repairs and tree planting. The Chair noted that future recognition lists should include at least one group from each district. Supervisor Gray asked if the program had been nominated for a CSAC award; staff indicated this was under consideration. Supervisor Lavagnino inquired about tool provision; staff confirmed the county provides safety equipment and some tools, while volunteers supply other materials.
- Action and Vote: Supervisor Gray moved to receive and file the report and adopt the resolutions recognizing the volunteer groups. Supervisor Carbajal seconded the motion. The motion passed.
No decision 0–0
Closed Session
- The Board entered closed session to discuss two noticed items: existing litigation (Lulam v. County of Santa Barbara) and a conference with labor negotiators/employer relations. The session was scheduled to resume at 1:00 PM.
Agenda Item 5: Planning and Development – Olson Appeal
- Procedure and Ex Parte Communications: The Board outlined the procedure for the hearing: a 5-minute staff presentation, up to 10 minutes for the appellant (Mr. Olson), public comment (up to 3 minutes per speaker), up to 5 minutes for rebuttal by the appellant/applicant and staff, followed by Board deliberation and vote. The Chair called for ex parte communications regarding this land-use issue:
- Supervisor Gray: No ex parte communications.
- Supervisor Wolfe: No ex parte communications.
- Supervisor Carbajal: Reported a site visit with the appellant and several conversations with Ms. Frisk.
- Supervisor Lavagnino: Reported one conversation that included Mr. Tsai.
- Supervisor Wolf: Recalled a brief conversation with a representative from EDC.
- Staff Presentation: Staff presented the appeal regarding a 70.32-acre lot in the coastal zone of the Goleta Community Plan area, zoned PRD 58 (Planned Residential Development, 58 units maximum). The site currently hosts the Ocean Meadows Golf Course. The proposed project involves splitting the lot into three parcels: Lot 1 (63.93 acres), Lot 2 (5.89 acres), and Lot 3 (0.5 acres). Under the proposal, Lot 1 would be sold to the Trust for Public Land, deed-restricted to prevent residential development, and conveyed to a long-term steward (anticipated to be UCSB) for conservation and restoration. The remaining 28 units of development capacity would be assigned to Lots 2 and 3, subject to future coordinated development plans. Staff noted the project includes the demolition of an unpermitted employee dwelling on Lot 2. Staff stated that the project is exempt from CEQA under Guidelines Section 15315 (minor land division) and Section 15301L1 (demolition of small structures). Staff responded to the appellant’s six issues, asserting that the CEQA exemptions are appropriate, the parcel map treats the parent parcel as a whole for zoning purposes, parcel history was disclosed, the City of Goleta was noticed but did not comment, and the Trust’s sales agreement and stewardship plans are not part of the current project scope. Staff recommended denying the appeal, making required findings, determining CEQA exemption, approving Tentative Parcel Map 7, and approving Coastal Development Permit 12-CDH-9.
- Appellant Comments: The appellant, Mr. Olson, argued that the lot split is the beginning of a major land use change that would result in the loss of the golf course. He contended that the project represents a questionable use of mitigation fees and CREF funding, describing the Trust as a "funnel" for public funds. He raised concerns about the environmental impact of shutting off irrigation, stating that the existing golf course supports a 40-year-old ecosystem and wildlife. He argued that the area is a fan delta prone to silting and that creating a wetland is difficult due to elevation and lack of consistent water flow. He requested that the board view the project as a significant expenditure of public funds and questioned the priority of this project compared to other coastal enhancements.
- Applicant Comments: Alex Size, Project Manager for the Trust for Public Land, introduced Mark Green, the landowner, and Carla Frisk, Santa Barbara County Program Manager for the Trust.
- Mark Green (Landowner): Stated that maintaining the golf course is no longer financially feasible, citing millions of dollars in losses. He asserted that he has complied with all rules and regulations for the lot split and that the process has been fair. He stated that the buyer’s funding sources are irrelevant to his entitlement to the lot split.
- Carla Frisk (Trust for Public Land): Clarified that the purpose of the lot split is solely to allow the Trust to acquire the 63.93-acre parcel to reverse the 1965 wetland filling. She emphasized that no development is proposed on any parcel at this time. She stated that any future development on Lots 2 and 3 would require separate planning and permitting processes, including Coastal Commission review. She noted that the Trust plans to hold a community-based planning process for input on the restoration. She urged the board to deny the appeal.
- Alex Size: Noted that the Planning Commission had previously denied the appeal by a 5-0 vote.
- Public Comments:
- Mary Jo Farrington: Expressed concern about the environmental impact of shutting off irrigation, stating that wildlife dependent on the irrigated golf course would die or invade neighborhoods. She argued that "restoration" to a natural state would result in a dust bowl in summer and stagnant, algae-filled mud in winter due to lack of water access. She requested stipulations requiring an environmental impact study on the Trust’s and UCSB’s future plans.
- Christopher Wall: A civil engineer and resident, he supported staff’s recommendation to deny the appeal. He stated that many neighbors do not object to the project and that the Trust has approached homeowners to form a committee for future input.
- Mike Lunsford (Gaviota Coast Conservancy): Supported the project, citing the loss of over 90% of California’s coastal wetlands. He argued that restoring the wetland would increase neighborhood values and biodiversity. He stated that irrigation would continue during the transition to avoid aesthetic harm.
- Darlene Sherman (Santa Barbara Audubon Society): Supported the denial of the appeal, noting the property is the historic upper Devereux Slough. She expressed excitement about reestablishing wetlands to complement the existing Devereux Slough.
- Mark Shatillo (Goleta Valley Land Trust): Supported staff’s recommendation and opposed the appeal. He stated that the Trust has made grants for the project and assisted in acquisition and planning. He found no substantive issues with the appeal.
- Appellant Rebuttal: Mr. Olson rebutted the comments, arguing that the landowner’s economic losses were self-inflicted by pricing strategies. He reiterated that the lot split is the beginning of a larger change. He referenced a previously withdrawn 2005 proposal for 58 units on the high ground, arguing that the current proposal minimizes development by only 30 units. He disputed the claim that property values would increase, stating that golf course living is high-value. He presented slides showing silting, stagnant water, and wildlife dependent on irrigation, arguing that the area is a mud flat prone to silting and that creating a wetland is impossible due to lack of water sources.
- Applicant Rebuttal: Carla Frisk emphasized that the Trust has already begun meeting with neighbors to address concerns. She noted that County Flood Control submitted a letter supporting the project as an improvement to flood control. She stated that staff analysis suggests 38 units could be built on the property, and if the Trust does not purchase it, a residential developer likely would.
- Staff Clarification: Staff clarified that the project is a lot split, not a proposal for future development. Staff confirmed that the demolition of the employee dwelling is exempt from CEQA under Section 15301L1 but is subject to a Coastal Development Permit (12-CDH-9), which is part of the current appeal.
- Board Discussion and Motion:
- Supervisor Farr (Chair): Acknowledged the appellant’s concerns but stated that the issues raised are not applicable to the lot split. She characterized the matter as a private property rights issue, noting the landowner’s right to sell. She supported staff’s recommendation to deny the appeal, citing the extinguishment of development rights as a community benefit. She moved to deny the appeal.
- Supervisor Wolf: Seconded the motion.
- Supervisor Carbajal: Supported the motion, acknowledging the appellant’s concerns but viewing the project as an opportunity to restore habitat. He encouraged the Trust to consider mitigation measures for potential algae blooms and nuisance issues.
- Supervisor Lavagnini: Supported the motion, sympathizing with the loss of the golf course but supporting the project as a positive outcome.
- Vote Outcome: The motion to deny the appeal, make required findings, determine CEQA exemption, approve Tentative Parcel Map 7, and approve Coastal Development Permit 12-CDH-9 was passed.
Agenda Item: Goolsbee and Goolsbee K Appeal of the Montecito Planning Commission’s Approval of a Verizon Wireless Facility
- Ex Parte Disclosures:
- Supervisor Lavagnini: Disclosed meetings with Michael and Sarah Eglin, David Eglin, Martha Kay, and Galit Aziat.
- Supervisor Carbajal: Disclosed meetings with appellants Martha Kay, David Kaye, Don Archer, Jeff Crosby, Mike Walker, Joyce Hutchinson, Jane Aldridge, Mike Dabreski, Susie Dabreski, Sarah Eglin, Michael Eglin, Lizzie Pierce, Brent Pierce, Ceci Morton, Cindy Sage, and Mary Rose. He also disclosed meetings with Verizon’s agent Jay Higgins, Dwayne Bonham, and Andrea Bright, and discussions with Verizon’s attorney Paul Albritton.
- Supervisor Wolf: Disclosed meetings with appellants Martha Kay, the director of a preschool, Mary Rose, and March Attila.
- Supervisor Farr (Chair): Stated she did not meet with anyone and only received letters and emails.
- Supervisor [Unidentified]: Stated she did not meet with anyone, citing a policy against taking evidence out of the hearing room in judicial proceedings.
- Discussion and Motion: Supervisor Carbajal noted that the applicant and appellants had agreed to a continuance to September 4th to allow for further meetings and potential resolution.
- Mark Shatillo (Appellants’ Representative): Confirmed that the site owner (QAD) agreed to extend the lease for 60 days to allow time to find an alternative site. He stated that Verizon agreed to work closely with the community to find an alternative location. He supported a continuance to September 4th.
- Jay Higgins (Verizon Wireless): Apologized to those affected by the project. He stated that Verizon agreed to a two-week continuance to September 4th. He explained that Verizon is constrained by its current location and cannot commit to a longer continuance without certainty regarding a temporary site or alternative location to prevent service interruption in Montecito. He stated that Verizon has been in due diligence for five years to find a suitable property.
- Supervisor Wolf: Raised a concern based on a letter indicating an impasse between Verizon and the Montecito Water District regarding an alternate site, suggesting that renegotiating financial terms might help find a location.
- Counsel: Clarified that the discussion should be limited to the continuance, not the merits of the project.
- Motion and Vote: Supervisor Carbajal moved to continue the hearing to September 4th, allowing the parties to continue meeting. Supervisor Wolf seconded the motion. The motion to continue the hearing to September 4th was passed.
Closing Remarks and Adjournment
- Public Works Update: The Supervisor reported that notifications had been sent to relevant individuals regarding a red flag warning due to dry lightning potential through Wednesday afternoon and stated that the fire department is staffing up to a higher level of alert. It was suggested that members of the public visit nixle.com for additional information and to sign up for future alerts. In response to a direction from the Chair, the Supervisor confirmed that other individuals had not yet been identified. Supervisor Carbajal suggested contacting law enforcement and other agencies to enhance patrols in high fire hazard areas.
- Public Comment / Memorials: A speaker noted the recent passing of Al Walker of Lompoc, who had been in the community for a week and a half prior to his death. The speaker also noted the passing of Dorothy Lane, age 93, from the Santa Maria/Orcutt area, who had served on the Agriculture Advisory Committee and the Santa Barbara County Fair Board. The Chair added a memorial for Rick Hubbard, a Buellton resident and artist, who had passed away from cancer. The Chair noted that Hubbard was married to Judy Stauffer and was active in the arts community and local issues.
- Adjournment: The Chair announced the meeting was adjourned. The next meeting was scheduled for September 4 in Santa Barbara.