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BOARD OF SUPERVISORS_

BOARD OF SUPERVISORS_December 4, 2012

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 December 4, 2012

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Meeting Summary

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At a glance

Rod Latham Commendation

  • The board recognized Rod Latham for his decades of service to local theaters and advocacy for arts access.
  • The resolution highlighted his fundraising efforts for the Marjorie Luke Theater and support for underserved communities.
  • The resolution was passed and adopted.

Buffy Harrington-Guy Commendation

  • The board honored Buffy Harrington-Guy as the December 2012 Employee of the Month.
  • The resolution cited her career progression and technical expertise in managing surveys and statistical data.
  • The resolution was passed and adopted.

Jerry Buhnen Commendation

  • The board recognized Jerry Buhnen upon his retirement from the Home Builders Association of the Central Coast.
  • The resolution acknowledged his ten years as Governmental Affairs Director and work promoting industry interests.
  • The resolution was passed and adopted.

Special District Appointments

  • Staff reported that ten of twelve special district board positions had been filled.
  • The board appointed David D. Novus to the Summerland Sanitary District based on his volunteerism.
  • The board approved the appointment of Novus and nine other individuals to remaining positions.

Administrative Agenda Balance

  • Staff outlined changes to remaining items, including a four-fifths vote requirement for the Elwood Pipeline lease.
  • The board approved all remaining administrative items with noted changes.
  • Item A-17 regarding the Alexander land donation was continued to December 11.

Body Art Fees

  • Staff requested a continuance for the hearing on environmental health services body art fee resolution.
  • The board continued the item to December 11.

Tobacco Retail Licensing

  • Staff reported a decline in tobacco sales to minors and reduced retailer suspensions since the 2010 ordinance.
  • The board approved separating the fee schedule from the ordinance and reducing the license fee to $409.
  • A new fee of $379 was established for cities requesting county assistance with monitoring and enforcement.
No decision 0–0

Tehachapi Resource Recovery Project

  • Staff presented a non-binding term sheet for a material recovery facility and anaerobic digester project.
  • The project aims to increase waste diversion to 80-85% and is cost-competitive with alternatives.
  • The board approved the term sheet to demonstrate continued interest while CEQA review is completed.
No decision 0–0

Orcutt Community Plan Amendments

  • Staff proposed amendments regarding flood control, wetlands delineation, and traffic circulation standards.
  • The board continued the matter for one week to allow counsel to review compliance with a court order.
  • The board directed staff to bifurcate the wetlands issue from the flood control and traffic amendments.

General Fund Allocation Policy

  • The County Executive Office presented the proposed General Fund Allocation policy for the FY 2013-2015 budget cycle.
  • The policy outlines how general fund contributions are calculated, adjusted for wages, and reduced for revenue shortfalls.
  • The board received, approved, and filed the policy.
No decision 0–0

SEIU Local 721 Memorandum of Understanding

  • The board presented a proposed MOU with SEIU Local 721 covering the period from November 2012 to June 2014.
  • The agreement includes no wage increases, a freeze on merit steps, and elimination of certain retirement offsets.
  • The board approved the Memorandum of Understanding as presented.
No decision 0–0

Closed Session

  • The board unanimously approved the settlement of a claim with Mr. Jenkins for $152,530.05.
  • No other reportable actions were taken in the closed session.

Full summary

Meeting Convening and Roll Call

  • The regular meeting of the Santa Barbara County Board of Supervisors for December 4, 2012, was convened. A roll call confirmed the presence of all supervisors, and the Pledge of Allegiance was recited.

Minutes of November 13, 2012

  • Discussion: The Chair requested a motion to approve the minutes of the previous meeting.
  • Motion: Motion by Supervisor Gray, seconded by Supervisor Carbajal.
  • Decision: The motion carried.
No decision 0–0

Public Comment

  • No public speakers were registered. The Chair made a personal comment congratulating Dr. Wada, Public Health Director, and his wife on the birth of their third child.

Administrative Agenda – Procedural Motion

  • Discussion: The Chair noted that Item A2 would not be presented. A motion was made to vote on Items A1 through A4 prior to presenting them.
  • Motion: Motion by Supervisor Wolf, seconded by Supervisor Carbajal.
  • Decision: The motion carried.

Resolution of Commendation: Rod Latham (Arts Commission Leadership in the Arts Award)

  • Discussion: Supervisor Carbajal presented a resolution recognizing Rod Latham as the recipient of the Santa Barbara County Arts Commission 2012 Leadership in the Arts Award. The resolution highlighted Latham’s decades of service to local theaters, his role in fundraising for the Marjorie Luke Theater, and his advocacy for arts access for people with disabilities, youth, and minorities. Mr. Latham and Jenny Brush (Arts Commission) accepted the award and made brief remarks.
  • Decision: The resolution was passed and adopted.

Resolution of Commendation: Buffy Harrington-Guy (Employee of the Month)

  • Discussion: The Chair presented a resolution honoring Buffy Harrington-Guy as the December 2012 Employee of the Month. The resolution cited her career progression from General Services to the Probation Department, her role as Support Supervisor at Santa Maria Juvenile Hall, and her technical expertise in managing surveys and statistical data. Chief Probation Officer Beverly Taylor added a personal thank-you for Harrington-Guy’s temporary assistance with the department’s strategic plan. Harrington-Guy accepted the recognition.
  • Decision: The resolution was passed and adopted.

Resolution of Commendation: Jerry Buhnen (Retirement from Home Builders Association)

  • Discussion: Supervisor Gray presented a resolution recognizing Jerry Buhnen upon his retirement from the Home Builders Association of the Central Coast. The resolution acknowledged his 10 years as Governmental Affairs Director and his work promoting the building industry’s interests. Mr. Buhnen accepted the resolution and made remarks regarding his tenure and interactions with county staff.
  • Decision: The resolution was passed and adopted.

Administrative Agenda – Item A13 (Special District Appointments)

  • Discussion: Staff reported that 10 of 12 special district board positions had been filled, with two applicants for one position in the Summerland Sanitary District. Supervisor Carbajal recommended appointing Mr. David D. Novus to the Summerland Sanitary District based on his volunteerism and interest. The Chair asked if the item should be pulled for further discussion. Staff confirmed it could be pulled for board direction.
  • Motion: Motion by Supervisor Carbajal to appoint Mr. Novus to the Summerland Sanitary District and the other nine individuals to the remaining special district positions, seconded by Supervisor Gray.
  • Decision: The motion carried.

Administrative Agenda – Balance of Items

  • Discussion: Staff outlined changes to the remaining administrative agenda:
  • Item A-15 (Elwood Pipeline lease assignment) requires a 4/5 vote.
  • Item A-17 (Alexander land donation) is requested to be continued to December 11.
  • Item A-25 (Parking restrictions) contains a spelling error to be corrected.
  • Item A-13 was already addressed.
  • Motion: Motion by Supervisor Wolf to approve all remaining administrative items with the noted changes, including continuing Item A-17 to December 11, seconded by Supervisor Lavinino.
  • Decision: The motion carried.

Departmental Agenda – Item 1 (Public Health: Body Art Fees)

  • Discussion: Staff requested a continuance of the hearing regarding environmental health services body art fee resolution and fees for tattooing, body piercing, and permanent cosmetics.
  • Motion: Motion by Supervisor Carbajal to continue the item to December 11, seconded by Supervisor Wolf.
  • Decision: The motion carried.

Departmental Agenda – Item 2 (Public Health: Tobacco Retail Licensing)

  • Discussion: Staff presented a report on the progress of the tobacco retail license ordinance adopted in 2010. Data showed a decline in sales of tobacco to minors (from 17% to 10% of retailers) and a reduction in retailer suspensions. Four cities (Goleta, Carpinteria, Buellton, Solvang) have expressed interest in adopting similar policies and requested county assistance with enforcement. Staff recommended three changes: separating the fee schedule from the ordinance, reducing the license fee from $435 to $409 based on a new fee study, and establishing a $379 fee for cities requesting county assistance with monitoring and enforcement.
  • Public Comment: Andy Caldwell of CoLab spoke, questioning the direct causal link between the ordinance and reduced smoking rates, suggesting it may primarily tax small businesses serving legal adult smokers.
  • Board Comments: Supervisor Wolf expressed support for the trend of cities partnering with the county.
  • Motion: Motion by Supervisor Carbajal to approve the recommended actions, seconded by Supervisor Wolf.
  • Decision: The motion carried.

Departmental Agenda – Item 3 (Public Works: Tehachapi Resource Recovery Project Term Sheet)

  • Discussion: Staff presented a term sheet for the Tehachapi Resource Recovery Project with Mustang Renewable Power Ventures. The project includes a material recovery facility, an anaerobic digester, and landfilling of residual waste. Staff noted the project aims to increase waste diversion to 80-85% and is cost-competitive with alternatives. The term sheet is non-binding and serves to demonstrate continued interest while CEQA review is completed.
  • Board Questions: Supervisor Lavinino asked about cost controls if the project is sited on private land and how energy revenue offsets tipping fees. Staff explained that financial reviews would be conducted and that revenue from recyclables and energy sales would offset costs. Supervisor Carbajal asked about managing commodity price volatility; staff noted this would be addressed in future contract negotiations.
  • Public Comment: Andy Caldwell raised concerns about the location of the facility on the Gaviota Coast, suggested considering alternatives in the North County (such as the Santa Maria landfill or Angle & Gray composting facility), and questioned guarantees regarding tipping fee increases if markets or technology fail.
  • Board Comments: The Chair noted the importance of the environmental review process in evaluating alternatives.
  • Motion: Motion by Supervisor Carbajal to approve the term sheet, seconded by Supervisor Lavinino.
  • Decision: The motion carried.

Departmental Agenda – Item 4 (Planning: Orcutt Community Plan Amendments)

  • Discussion: Staff presented three proposed amendments to the Orcutt Community Plan and Environmental Impact Report (EIR):
  • 1. Flood Control: A shift from a regional basin approach to project-specific solutions, consistent with current county flood and water quality ordinances and nationwide permit changes. Staff noted that while regional basins are no longer the primary directive, flexibility remains for developers to cooperate on centralized retention if fiscally and technically feasible. 2. Wetlands Delineation: Removal of the Keysight 22 wetlands delineation and associated text/map references from the Orcutt Community Plan and EIR, in response to a court order in Adams Brothers v. County of Santa Barbara. Staff clarified that this removal does not eliminate legal requirements for compliance with the Federal Clean Water Act or state regulations protecting special status species. 3. Traffic Circulation: A change to the traffic level of service (LOS) standard from LOS C to LOS D for the Clark Avenue segment between Blosser Road and Foxenwood Lane in Old Town Orcutt. This change supports policies for a pedestrian-friendly downtown and traffic calming.
  • Conflict of Interest Discussion: Supervisor Gray raised concerns about a potential conflict of interest for the Adam brothers (owners of Keysight 22) given that Richard Adam Jr. is the incoming Supervisor for the 4th District. Staff clarified that until Mr. Adam assumes office, there is no conflict, but upon assuming office, he would be required to recuse himself from direct participation due to financial interest.
  • Public Comment: Amanda Caldwell (COLAB) discussed broader issues regarding the Regional Water Quality Control Board and alleged fraud in the county’s past actions. Richard Adam (representing Adams Brothers and Iceberg Holdings) stated that the redactions made to the EIR did not fully comply with the court order, which required striking any conclusions based in whole or in part on the stricken delineation. He cited specific references to reports and descriptive conclusions that remained in the amended EIR. Mr. Adam requested a continuance to allow his legal team to review the discrepancies and provide input, noting that as a party to the lawsuit, they had not been provided an opportunity to confer on the compliance details.
  • Board Discussion: Staff and County Counsel explained that the board had over-noticed property owners for this specific hearing, which may have prompted the late comment. Counsel stated that the recommended action language in the motion mirrors the court order. Supervisor Gray proposed separating the wetlands issue from the flood control and traffic amendments to allow the board to proceed with the latter two items while the wetlands issue is resolved. Supervisor Carbajal suggested a one-week continuance to allow counsel to review the potential disagreements and ensure the board’s action is legally defensible. Supervisor Wolf emphasized the need to satisfy the court order and suggested that if the board cannot resolve the wetlands issue immediately, it should be handled separately to avoid delaying the other amendments.
  • Motion: Motion to continue the matter for one week and separate the wetlands delineation issue from the flood control and traffic circulation amendments.
  • Decision: The motion passed. Staff and counsel were directed to work on bifurcating the items so that the board could potentially take action on the flood control and traffic amendments while the wetlands issue is further reviewed or resolved.

Agenda Item 5: Fiscal Year 2013-2015 General Fund Allocation Policy

  • Discussion: The County Executive Office presented the proposed General Fund Allocation (GFA) policy for the FY 2013-2015 budget cycle. This is the third of six budget presentations. The policy outlines how general fund contributions (GFC) are calculated and distributed to departments.
  • Key Components:
  • 1. Base GFC: Each department’s base GFC for FY 2013-14 will be the adopted FY 2012-13 contribution, adjusted for one-time allocations and ongoing restorations. 2. Non-General Fund Revenues: Departments must use all non-general fund revenues (federal, state, charges for services) before general fund dollars are allocated. Unanticipated revenues should be used to eliminate the use of one-time funds for ongoing operations. 3. Wage and Benefit Adjustments: Base GFC will be adjusted to cover the proportional impact of approved wage and benefit increases not otherwise funded. 4. Revenue Shortfalls: If projected countywide general revenues do not meet the GFC allocations, departmental allocations will be reduced to balance the budget. 5. Process Policies: Departments must document service level reductions, submit budget adjustment requests for amounts exceeding the CEO’s target, and ensure budget submissions do not exceed the approved GFC allocation. Year-end residual savings lapse to the general fund balance unless otherwise approved.
  • Board Questions: Supervisor Wolf asked for clarification on how successful grant funding affects the base GFC. Staff explained that grant funding is typically for specific functions and staffing, so it does not reduce the base GFC; rather, it adds to the department’s resources. Supervisor Carbajal requested a follow-up memo explaining the cost allocation formula and how it applies to general fund versus special revenue funds. CEO Waller noted that the policy was shared with department directors for input prior to the board meeting to ensure transparency.
  • Motion: Motion to receive, approve, and file the General Fund Allocation Policy.
  • Decision: The motion passed.
No decision 0–0

Closed Session Report

  • Discussion: The board reconvened after a closed session. The Clerk reported that the board unanimously approved the settlement of a claim with Mr. Jenkins regarding work performed in Los Olivos for the amount of $152,530.05. No other reportable actions were taken.

Agenda Item 6: Memorandum of Understanding with SEIU Local 721

  • Discussion: The County Executive Office presented a proposed Memorandum of Understanding (MOU) with the Service Employees International Union (SEIU) Local 721, covering the period from November 13, 2012, to June 22, 2014. The agreement includes:
  • No wage increases for the term of the contract.
  • A freeze on merit step increases.
  • Elimination of vacation conversion (40 hours cash out).
  • Elimination of a bi-weekly $25 retirement offset.
  • A provision for employees to pay up to one-half of the increased annual normal cost of retiree cost of living.
  • Pension reform mirroring agreements with other general members, including the elimination of a retiree medical benefit.
  • Public Comment: Rachel Flores read a letter from SEIU 721. The letter confirmed that the union and the county disagree on the impact of the Public Employees Pension Reform Act (PEPRA) on new employees. The union stated that approving the MOU does not constitute implicit acquiescence to the union’s position on PEPRA. The union urged the board to approve the agreement to avoid further delays.
  • Motion: Motion to approve the Memorandum of Understanding as presented in the staff report.
  • Decision: The motion passed.

Closing Remarks and Adjournment

  • Memorial Statements: Supervisor Gray offered a moment of remembrance for Tina Marie Brambilla, a former teacher in Lompoc. Chair Farr remembered Barry Burkus, an architect. Supervisor Wolf remembered a Coast Guard member who was killed off the coast of Santa Cruz Island. Supervisor Carbajal remembered Herb McIlwee, former fire chief for the Montecito Fire District. Supervisor Lavagnino offered a memorial for Chad Byrd, a 25-year-old from Santa Maria who died in a car accident in Los Angeles. Another speaker provided information regarding Chief Petty Officer Terrell Horn III, age 34, who served in the Coast Guard.
  • Adjournment: The Chair stated that the agenda was concluded. The meeting was adjourned, with the next regular meeting scheduled for December 11 in Santa Barbara.