Meeting Summary
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At a glance
Administrative Agenda Announcements
- The Clerk announced that Items A18, A20, and A41 were withdrawn from the agenda.
- Item A18 was withdrawn as no longer necessary, while Items A20 and A41 were withdrawn with staff to return them as appropriate.
Resolutions (A1–A7)
- The Board approved seven resolutions recognizing various months and days, including Public Garden Appreciation and Perinatal Depression Awareness.
- Additional resolutions recognized National Foster Care Month, Military Appreciation Month, National Nurses Day, and Compost Awareness Week.
- A Resolution of Commendation was adopted for Employees of the Month Tony Baratoran, Tim Martin, and Dan Larson.
Independent Special Districts Compliance Report
- The Auditor presented a report on the financial status of small special districts, highlighting staffing shortages and financial changes in specific districts.
- The Board discussed the County’s authority to intervene and the need for proactive financial planning for struggling districts.
- The CEO directed a review to determine appropriate departmental responsibility for managing these relationships.
- The Board directed the CEO and Auditor to determine the format for addressing these issues in future items.
Franchise Fees Audit
- The Auditor reported that the County recovered over $200,000 in owed franchise fees due to miscoded addresses.
- Discussion centered on the transition of agreement management to the state while the County retains its 5% share.
- The Board expressed concern about the lack of a single responsible department for tracking these revenues.
- The CEO stated a review is underway to assign permanent responsibility, and the Board requested a future item to codify this in policy.
Nipomo Community Services District License Agreement
- The Board approved a license agreement allowing Nipomo to cross County property, clarifying that the water transfer agreement is a separate matter.
- Concerns were raised regarding pipeline capacity, CEQA documentation, and local bond votes, which were addressed by the City of Santa Maria representative.
- The item passed with three ayes, one no, and one abstention.
Sheriff’s Air Support Unit Engine Repair
- The Sheriff’s department requested authorization to repair the engine of Copter 4 following an overspeed issue.
- The CEO explained that the department must utilize its fund balance before requesting additional funds.
- The Sheriff’s representative confirmed the repair would follow NATOPS standards with an estimated additional cost of less than $15,000.
- No motion was taken on this item during the session.
Budget Revision Requests
- The Board approved budget revisions including funds for a fence at Walter Capps Park and a feasibility study for a bike path on the Santa Maria levee.
- Staff clarified that the fence funds were previously appropriated and the bike path study aims to investigate right-of-way and access points.
- The item passed with one no vote and the rest in favor.
Veteran Stand Down Program
- The Board accepted a report on the previous year’s event, which served approximately 230 veterans including nearly 100 homeless individuals.
- Plans for the 2013 event include changes to start times, additional bus runs, and partnerships to reach more homeless veterans.
- Funding for the program will come from private donations and grants, including a $7,000 Department of Labor grant.
- The motion to accept the report and approve the contract passed unanimously.
Homeless Death Review Team Report
- The Public Health department presented data on 30 reviewed deaths among homeless persons, noting substance abuse and cardiovascular disease as primary causes.
- The report highlighted a 25% decrease in the death rate between 2009 and 2011 and identified system gaps in recovery placement and follow-up care.
- The Board discussed the shortage of treatment beds and the need for improved discharge protocols for psychiatric patients.
- The motion to accept the report passed unanimously.
Mental Health Services Act (MHSA) Plan Update
- The Interim Director presented the MHSA plan update for fiscal year 2012-13, noting that revenues and reserves may not support current structures in fiscal year 2014-15.
- Staff explained that fund balances have been drawn down to utilize prior-year allocations and prudent reserves.
- Supervisors requested metrics on program success, specifically the avoidance of hospitalizations, and a memo outlining the number of people served.
- The motion to accept the staff report recommendations passed unanimously.
Inclusionary Housing Ordinance and Housing Element Amendment
- Staff proposed moving the inclusionary housing program to a standalone ordinance to increase effectiveness and flexibility.
- Key changes include reducing overall housing requirements to 15% for larger projects and allowing developers to satisfy workforce unit requirements via second units.
- The Planning Commission recommended approval, and the State HCD found the amendment does not impact housing element compliance.
- The motion to approve the first reading passed with 4 Aye and 1 No.
Adjustment of Petroleum Enforcement to Eliminate Duplication
- Staff presented a proposal to review and eliminate duplication in oil industry regulation between the county and the state DOGGR.
- The proposal is described as a housekeeping measure to streamline enforcement without changing laws or environmental protections.
- The Board discussed the historical context of regulations and concerns regarding local control and resource allocation.
- No action was taken, with the Chair indicating the board would not support the action at this time.
Closed Session
- The Board directed County Counsel to initiate litigation against Performance Bond Company Arch to compel performance of landscaping and grading conditions.
- Settlement agreements with all cities in the county to resolve the property tax administration fee dispute were formally executed.
- The County paid a total of $3.192 million to settle the dispute.
Full summary
Meeting Convening and Minutes
- The Board of Supervisors convened at 8:15 AM. A motion was made and seconded to approve the minutes. The motion passed unanimously.
Public Comment
- Three public speakers addressed the board:
- Darla Kaiser spoke regarding the impact of federal sequestration on mental health programs, citing budget cuts and potential service losses.
- Sam Palin apologized for past issues related to three properties he owns in Santa Barbara and stated that he and his son have worked to resolve issues with the building and zoning departments.
- Bob Field discussed county finances, arguing that the county needs revenue that exceeds associated expenses rather than just additional revenue. He cited a recent tax break ordinance as an example where associated expenses were not fully considered.
Administrative Agenda Announcements
- The Clerk announced the following items were withdrawn from the agenda:
- Item A18: Budget revision 0002833 (Treasurer Tax Collector’s Office) was withdrawn as no longer necessary.
- Item A20: Happy Trails Pony Ride concession agreement at Waller Park (General Services) was withdrawn; staff will return the item as appropriate.
- Item A41: Set hearing regarding vehicle restrictions on Ballard Canyon Road (Public Works) was withdrawn; staff will return the item as appropriate.
Agenda Item Pulls
- Supervisors requested the following items be pulled from the agenda for later consideration:
- Supervisor Farr: A13, A14, A29, A31.
- Supervisor Adam: A18, A20, A31.
- Supervisor Wolfe: A13, A14, A32.
Resolutions (A1–A7)
- A motion was made and seconded to approve resolutions A1 through A7. The motion passed unanimously. The following resolutions were read into the record and adopted:
- Item A1: Resolution of Commendation for Employees of the Month (May 2013), recognizing Tony Baratoran, Tim Martin, and Dan Larson.
- Item A2: Resolution Proclaiming May 2013 as Public Garden Appreciation Month.
- Item A3: Resolution Proclaiming May 2013 as Perinatal Depression Awareness Month.
- Item A4: Resolution Recognizing May 2013 as National Foster Care Month.
- Item A5: Resolution Proclaiming May 2013 as Military Appreciation Month.
- Item A6: Resolution Proclaiming National Nurses Day and Week (May 6–12, 2013).
- Item A7: Resolution Proclaiming Compost Awareness Week (May 6–12, 2013).
Agenda Item A13: Independent Special Districts Compliance Report
- The Auditor presented a report on the financial status of small special districts, noting that while the report is not legally required, it helps districts compare themselves and identify vulnerabilities. Specific issues highlighted included staffing shortages in the Quiama Community Services District and financial changes in the Guadalupe Cemetery District. Discussion focused on the County’s authority to intervene, which varies by district type and fund management. The Board discussed the potential for proactive financial planning for struggling districts and the need to clarify departmental responsibility for managing these relationships. The CEO stated that a review would be conducted to determine the appropriate departmental responsibility. The Board directed the CEO and Auditor to determine the format for addressing these issues in future items. No motion was taken on this item.
Agenda Item A14: Franchise Fees Audit
- The Auditor presented findings regarding franchise fees from cable and utility providers, which deposit approximately $2 million annually into the General Fund. The Auditor noted that the County was owed over $200,000 due to miscoded addresses, which was recovered through reconciliation. Discussion centered on the management of these agreements, which are transitioning to state management under DIVCA, though the County will continue to receive its 5% share. The Board expressed concern about the lack of a single responsible department for tracking these revenues. The CEO stated that a review is underway to assign permanent responsibility to the most appropriate department. The Board requested a future item to codify the assigned responsibility in policy. No motion was taken on this item.
Agenda Item A29: Nipomo Community Services District License Agreement
- Supervisor Farr requested a separate vote on this item, citing concerns that the pipeline would carry more water than court-ordered, that the CEQA document did not match the project changes, and that local residents had voted down bonds to support the project. Supervisor Lavagnino moved to proceed with the item. Supervisor Adam abstained, citing a potential conflict of interest analysis. The representative for the City of Santa Maria clarified that the action was solely a license agreement to allow Nipomo to cross County property, noting that the water transfer agreement was a separate matter between the cities. Supervisor Carbajal expressed concern about the integrity of the water levy but was reassured by the engineering solution. The motion to approve the license agreement was seconded. The item passed with three ayes, one no, and one abstention.
Agenda Item A31: Sheriff’s Air Support Unit Engine Repair
- The Sheriff’s department requested authorization to repair the engine of Copter 4, which experienced an overspeed issue. Supervisor Farr questioned the funding source, noting that the budget had already been exceeded by other repairs. The CEO explained that the Sheriff’s department was required to utilize its fund balance before requesting additional funds. Supervisor Adam raised concerns about the total cost of the repair, arguing that an overspeed event could affect the entire drivetrain. The Sheriff’s representative stated that the issue was strictly an overspeed and that the repair would follow NATOPS standards, with an estimated additional cost of less than $15,000 for installation and testing. Supervisor Wolf emphasized the importance of maintaining aircraft safety and redundancy for fire and law enforcement missions. No motion was taken on this item.
Agenda Item A18: Budget Revision Requests
- Supervisor Adam questioned the source of funds for a coastal resource enhancement fund (CREF) request for a fence at Walter Capps Park. The Parks representative clarified that the funds had been previously appropriated but fell to fund balance, and the request was to utilize those existing funds. Supervisor Adam also questioned a $40,000 request for a feasibility study for a bike path on the Santa Maria levee, noting that a path already exists. The representative explained that the study was for alternative transportation funding to investigate right-of-way, access points, and layout for a seven-mile path. Supervisor Adam moved to approve Item A-18, which was seconded. The item passed with one no vote and the rest in favor.
Agenda Item A20: Withdrawal
- A request to withdraw Item A-20 from the agenda was noted. The item was not discussed further.
Administrative Calendar Closure
- The Board moved to approve the remainder of the administrative items that had been pulled from the agenda, including Items A-13, A-14, A-20, A-31, and A-32. The motion was seconded and passed unanimously.
Agenda Item 1: Veteran Stand Down Program
- Supervisor Lavagnino presented a report on the previous year’s Veteran Stand Down event, which served approximately 230 veterans, including nearly 100 homeless veterans. The event provided medical services, dental care, clothing, meals, and pet care. The report outlined plans for the 2013 event, including changes to start times, additional bus runs, and partnerships with C3H to reach more homeless veterans. Funding would come from private donations and grants, including a $7,000 Department of Labor grant. The Board expressed support for the program. A motion was made to accept the report and approve the contract and actions listed. The motion was seconded. The item passed unanimously.
Agenda Item 2: Homeless Death Review Team Report
- The Public Health department presented a report from the multidisciplinary Homeless Death Review Team, covering deaths from 2009 through 2011. The team was created in 2008 to review causes of death, explore means to avert similar deaths, and compile statistical data to identify trends. The presentation noted progress in the coordination of care and services and the role of the county-wide C3H effort in decreasing homelessness.
- The Director of Healthcare for the Homeless presented the third annual report on deaths among homeless persons in Santa Barbara County, covering calendar year 2011. Key data points included:
- Case Selection: 36 cases were reviewed, with 30 included in the final statistics.
- Demographics: Decedents were predominantly Caucasian males (82.5%). The average age at death was 53.
- Manner of Death: 39% were natural causes, 31% accidents, 2% undetermined, and 1% suicide. In 2011, 42% of death certificates did not list a manner of death.
- Cause of Death: Substance abuse was the primary cause for 41.5% of deaths. Cardiovascular disease was the leading single category at 28.5%.
- Health Conditions: Decedents had an average of eight diseases per person. High prevalence was noted for alcohol use (71.3%), cardiovascular disease (47.7%), illicit substance use (46%), and mental health conditions (over 40%).
- Trends: A 25% decrease in the death rate was observed between 2009 and 2011. Deaths occurred more frequently indoors than outdoors.
- Housing and Outreach: Over 190 individuals were housed over the last three years through the Common Ground Santa Barbara initiative. The presenter estimated the total homeless population at approximately 5,200. The Standardized Mortality Rate (SMR) was 1.17.
- System Gaps: The presenter highlighted the lack of recovery placement services, the need for better street outreach for substance abuse, and the failure of follow-up care for patients discharged from inpatient psychiatric facilities.
- Public comment was provided by Andy Caldwell (COLAB), who questioned whether homelessness is a choice and argued that resources should be prioritized for individuals willing to be helped, and Debbie McCoy (Families Act), who emphasized the critical shortage of treatment and residential beds.
- Board discussion included questions from Supervisor Adams regarding the bed shortage, lack of inpatient substance abuse beds, and failures in the system leading to deaths after psychiatric discharge. The Director of Healthcare for the Homeless explained that outreach efforts were made to locate the two deceased patients but they could not be found, and recommended improving discharge protocols. Supervisor Adams noted that many of these issues would be addressed in upcoming consultant reports. Supervisor Farr expressed frustration with the recurring nature of the bed shortage issue and requested quantification of the need for respite beds. Supervisor Wolf asked about the status of funding for warming shelters and the high rate of accidental deaths. The CEO confirmed that $45,000 was approved last year for warming shelters. Supervisor Carbajal asked why the mobile clinic concept is now being pursued, and Supervisor Adams explained that the operational model has shifted to a partnership with American Indian Health Services and Doctors Without Walls.
- A motion was made and seconded to accept the report. The motion passed unanimously.
Closed Session Report
- The Board reported that it unanimously directed the County Counsel to initiate litigation against Performance Bond Company Arch to compel performance of landscaping and grading conditions in the Mesa Verde subdivision. The Board also reported that settlement agreements with all cities in the county to resolve the property tax administration fee dispute have been formally executed. The County paid a total of $3.192 million to settle the dispute.
Agenda Item 3: Mental Health Services Act (MHSA) Plan Update for Fiscal Year 2012-13
- The Interim Director of Alcohol, Drug and Mental Health Services (ADMHS) presented the MHSA plan update for fiscal year 2012-13. MHSA funding is derived from a 1% tax on incomes exceeding $1 million. The plan has been approved by the Mental Health Commission and underwent a 30-day public comment period. The plan includes Community Services and Supports, Workforce Education and Training, Prevention and Early Intervention, Innovations, and Capital Facilities/Technical Needs. For fiscal year 2013-14, revenues and reserves are projected to support current expenditure levels. However, for fiscal year 2014-15, there is a concern that revenues and reserves may not support current program structures.
- Staff presented an overview of MHSA fund balances, explaining that prior to FY 10-11, counties were required to establish prudent reserves for economic downturns. Fund balances, which peaked at $18 million, have been drawn down to utilize prior-year allocations and prudent reserves for FY 13-14 and 14-15. Once current-year allocations rise above FY 9-10 levels, the county will be required to re-establish prudent reserves.
- Supervisors inquired about program capacity and client numbers. Staff reported serving several thousand clients across various programs, including ACT teams, supported housing, and CARES programs. Staff confirmed that no general fund dollars are used for MHSA administrative costs. Supervisors asked about workforce education and training, and staff explained that this component was driven by consumer and family input, resulting in over 100 consumers and family members trained. Supervisors requested metrics on program success, and staff identified the avoidance of hospitalizations as a primary measure of success. Supervisors requested a memo outlining the number of people served by different MHSA programs, an implementation timeline, and a copy of the cultural competence action plan and protocols.
- A motion was made and seconded to accept the staff report recommendations. The motion passed unanimously.
Agenda Item 4: Inclusionary Housing Ordinance and Housing Element Amendment
- Staff presented a proposal to move the inclusionary housing program from Appendix A of the Housing Element to a standalone ordinance (Chapter 46A of the County Code). The goal is to increase program effectiveness, provide greater flexibility for future changes without requiring general plan amendments, and clarify housing requirements. Key changes in the proposed ordinance include reducing overall housing requirements to 15% for projects with 20 or more lots/units, implementing an annual adjustment that may eliminate requirements for moderate and workforce units if the real estate market is providing affordable housing to those categories, adding a density increase of one additional unit for each very low and low-income unit constructed in the coastal zone, allowing developers to satisfy workforce unit requirements by constructing a residential second unit, exempting rental projects based on recent case law, and strengthening provisions for zoning modifications to accommodate density increases. Staff noted that the County Planning Commission voted 5-0 to recommend approval, and the State Housing and Community Development Department (HCD) found the amendment does not impact housing element compliance.
- Public speakers included representatives from the development community who supported the changes, citing improved project viability and flexibility. One speaker representing housing advocates expressed concern that the program remains a form of exaction and questioned the long-term legal viability and economic impact on specific neighborhoods.
- Supervisors discussed the philosophical implications of the program, with some expressing opposition to the concept of inclusionary requirements while acknowledging the proposed changes are less burdensome than the current program. Questions were raised regarding the calculation of in-lieu fees, the role of the Local Housing and Community Development Corporation (LHCDC) in receiving funds, and the reduction of open space requirements in the DR zone to accommodate density increases. Staff explained that the open space reduction is to allow flexibility for higher density resulting from inclusionary requirements and that LHCDC does not receive these funds directly; they are held in an account for affordable housing development.
- A motion was made and seconded to approve the first reading of the Inclusionary Housing Ordinance and continue the item to the next hearing. The motion passed with 4 Aye and 1 No.
Agenda Item 5: Adjustment of Petroleum Enforcement to Eliminate Duplication
- Staff presented a proposal from Supervisor Adam to direct the Director of Planning and Development to review and eliminate or reduce duplication in the regulation of the oil industry between the county and the state Division of Oil, Gas and Geothermal Resources (DOGGR). Staff explained that while the state focused on downhole operations and the county on surface operations, the passage of AB 1960 in 2008 expanded state authority over surface facilities, creating regulatory duplication. The proposal is described as a "housekeeping" measure to streamline enforcement without changing laws, permitting procedures, or environmental protections.
- Public speakers included a representative from the energy industry coalition who supported the proposal, arguing that eliminating duplication improves efficiency and allows for better resource allocation, and a representative from the Environmental Defense Center who opposed the proposal, stating that the current system is working, that local rules complement state regulations rather than duplicate them, and that there is no evidence of broken processes.
- Supervisors discussed the historical context of Chapter 25 revisions, noting that previous efforts to strengthen regulations resulted in a significant decrease in oil spills. Some supervisors expressed concern that the proposal could undermine local control and environmental protections, citing the risk of the industry and the importance of robust enforcement. Others supported the idea of reviewing for duplication to save resources, suggesting it be placed on a future work plan rather than acted upon immediately. One supervisor noted that the state agency is currently hiring and may not have sufficient resources to take over all enforcement duties.
- No motion was made to adopt the proposal. The item was discussed, and the Chair indicated that the board would not support the action at this time, characterizing it as a "solution in search of a problem." No action was taken.
Public Comment and Closing Remarks
- Jeff Nelson addressed the board, referencing previous statements regarding the planning department's workload and the city’s $10.8 million deficit. Nelson stated that he did not expect the board to change its position but argued that the city must find ways to reduce costs to address deferred maintenance and pension deficits. He noted that previous comments suggested the planning department was overburdened and proposed that staff utilization could be improved. An unidentified speaker responded by stating that the city has been implementing cuts over the past four years due to economic deficits affecting both private and public sectors. The speaker stated that they would not make cuts that jeopardize public safety, health, or the environment. Jeff Nelson stated he would make a motion to "adopt this as presented" and asked for a second. No second was recorded. The chair stated there was no further discussion and concluded the meeting. The chair thanked the attendees. A board member asked if they could say something but indicated they would save it. Another speaker asked if the meeting was adjourned, and the chair confirmed the meeting was concluded.